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Minutes 1977/04/04 3912 Gilroy, California Apri 1 4, 1977 The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:03 p.m. Roll Call Present: Council Members: William E. Childers, Brian D. Cunning- ham, Roberta H. Hughan, Marion T. Link, David V. Stout and Norman B. Good- rich. Absent: Council Member: John E. Pate. ........ IIiIIIIIII Consent Councilman Link requested that Item "C" regarding Budgeted Items Calendar exceeding $1500. be removed from the Consent Calendar for further discussion. Motion was made by Councilman Link seconded by Councilman Stout that the following items under the Consent Calendar be approved by the fol- lowing Roll Call Vote: Ayes: Council Members: Childers, Cunningham, Hughan, Link, Stout and Goodrich; Absent: Council Member: Pate. Minutes Approved the Minutes of the Regular Council Meeting of March 21, 1977 ; Ord.#77-13 Adopted Ordinance No. 77-13 Rezoning .34 acres of land belonging to Steve Poli from C2 (General Commercial) District to R3 (Low-Density Multi- ple Residence) District located at the southeast corner of Old Gilroy and Forest Streets. ORDINANCE NO. 77-13 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING A PARCEL AT THE SOUTHEAST CORNER OF OLD GILROY AND FOREST STREETS FROM C1 DISTRICT TO R3 DISTRICT. PASSED AND ADOPTED this 4th day of April, 1977, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, STOUTand GOODRICH. NOES: COUNCIL MEMBERS: None .,.. ABSENT: COUNCIL MEMBER: PATE. Discussion was had in regard to budgeted items exceeding $1500.QO. t10ti on was made by Counci 1 man Link seconded by Council man Cunni ngham and c~r- ried by the following Roll Call Vote that the budgeted items exceeding $15QO. as presented be approved: Ayes: Council Members: Childers, Cunningham, Hug~qn, Link, Stout and Goodrich; Absent: Council Member: Pate. Pub.Hear.re: The Mayor stated that it was the time and olace scheduled for a Brem Prop. Public Hearing on a Prezoning request of Sarah A. Brem for property locateq between Luchessa Avenue and Tenth Street from Al-2.5 (County Agricultural) Zone to M2 (General Industrial) District containing 14.052 acres. Planning Director Bedaux presented and explained Staff's Report on said request. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposed prezoning. There was no comment from any- one in the audience. Motion was made by Councilman Link seconded by Councilman Cunnin8- ham and carried that the Public Hearinq be closed. Motion was made by Councilman Link seconded by Councilman Stout and carried that the ordinance prezoning said property be introduced and pub- lished by title and summary. - ....... Pub.Hear.re: The Mayor stated that it was the time and place scheduled for the Final EIR Public Hearing on the Final EIR Certification and Engineer's Report for the Sewerage Planned Sewerage Treatment Plant and Interceptor Project. Treatment Plant City Administrator Wood noted a letter from J. B. Gilbert & Asso- ci ates. 3913 Mr. Jerry Gilbert and Mr. Ted Way, Consoer Townsend addressed the Council respectively in regard to said project. The Mayor asked if there was anyone in the audience wishing to speak for or against the project. The following persons addressed the Council and spoke on the pro- posed planned Sewerage Treatment Plant and Interceptor Project: Mr. Jerry Fuchs, Mr. Trevis Berry and Mr. Warren Blakely. ~ The Mayor stated that interested persons would be notified when the City selects the exact site location for the proposed project. -- Motion was made by Councilman Link seconded by Councilman Childers and carried that the Public Hearing be closed. Motion was made by Councilman Link seconded by Councilman Childers and carried that the Final EIR be accepted and certified as beinq adequate. Staff noted that a Public Hearing would be scheduled for April 18, 1977 for selecting the site location of the proposed oroject and that all interested persons would be notified of said hearing. Recess The Mayor declared a rece-s at 9:10 p.m. and reconvened the meet- ing at 9:15 p.m. Sidewalk Repair Program The Mayor stated that it was the time and place scheduled for a Public Hearing on the Sidewalk Repair Program. Director of Public Works-City Engineer Hansen presented and ex- plained his report on same. The Mayor asked if there'"was anyone in the audience wishing to speak for or against the program. .~,..'4 Mr. Al Settrini, 7321 Maple Street, addressed the Council in regard to his $1020.29 proposed sidewalk assessment. Council removed this proposed assessment from this phase of the project in order for Staff to investigate same. Motion was made by Councilman Link seconded by Councilman Childers and carried that the Public Hearing be closed. Discussion was had by Council in regard to said Sidewalk Reoair Program. Res.#77-29 Motion was made by Councilman Link seconded by Councilman Stout that the reading of Resolution No. 77-29 be waived and that it be adopted. . ..,"-,!~ RESOLUTION NO. 77-29 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING AND ADOPTING THE REPORT OF THE DIRECTOR OF PUBLIC WORKS OF THE CITY OF GILROY ON THE COST OF CONSTRUCTION OF SIDEWALKS, CURBS, GUTTERS AND OR DRIVEWAYS PUR- SUANT TO THE IMPROVEMENT ACT OF 1911, DIVISION 7 OF STREETS AND HIGHWAYS CODE OF STATE OF CALIFORNIA, ASSESSING PARCELS OF PROPERTIES FOR THE COST OF CONSTRUCTION AND DETERMINATION OF PAYMENT OF ASSESSMENTS. PASSED AND ADOPTED this 4th day of April, 1977, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, HUGHAN, LINK, STOUT and GOODRICH. NOES: COUNCIL MEMBER: CUNNINGHAM ABSENT: COUNCIL MEMBER: PATE. Pub.Hear.re The Mayor stated that it was the time and place scheduled for a OPL's continued Public Hearing on the reconsideration of adopted Official Plan Chestnut Lines for Chestnut Street between Lewis Street and I.O.O.F. Avenue. St. City Administrator Wood recommended that the hearing be continued since he has not received the new appraisal for the Ghirlanda property. Motion was made by Councilman Link seconded by Councilman Childers and carried that the Public Hearing regarding the official plan lines for Chestnut Street between Lewis Street and I.O.O.F. Avenue be continued to 3914 So. Co. Bldg. Moratori urn Aira Farms Drought Plantings the regular Council Meeting of April 18, 1977. City Administrator Wood recommended that the proposed presentation by the Santa Clara County on IILand Use and Economic Concernsll be continued at the request of the County. The Mayor asked if there was anyone in the audience wishing to speak on any matter not on the agenda. Dr. Carl Bozzo, addressed the Council requesting Council support to oppose the Santa Clara County Building moratorium. Mayor Goodrich noted that the Committee appointed by the County is not acceptable to the City of Gilroy; that the County of Santa Clara was notified, of the City's feelings on the matter but did not concur in adding two (2) additional City members, at the Board of Supervisor's meet- ing on April 4, 1977. Mr. Howard Smith addressed the Council noting that the County Planning Commission Committee headed by Mrs. Harison has spent two (2) years on a South County Planning Study and that said Study was not con- sidered by the Board of Supervisors. - Mr. Jerry Fuchs, 7466 Monterey Street, Gilroy, addressed the Council and noted that he attended the Board of Supervisors' meeting of April 4, 1977 and requests that the Council boycott the Board of Super- visors in regard to the recent Building Moratorium Study Committee. Dr. Bill Patterson, 7771 Princevalle Street, Gilroy and President of the Board of Education addressed the Council, noting that he was expres- sing his personal views on the matter and urged the Council to boycott the Board of Supervisors's Committee. Mr. Ed Lazzarini, San Martin, urged the Cities of Morgan Hill and Gilroy to boycott the Board of Supervisor's recently appointed Com- mittee and requested the City to join in with a South County United Com- mittee in legal action regarding the building moratorium in the South County of Santa Clara. ... """,;:~ Discussion was had by Council on the matter. City Administrator Wood noted that to annex the unincorporated areas adjacent to the City parcel by parcel would not be possible. A more feasible alternative would be to initiate an annexation referendum for all the unincoporated area of South County. It was noted that the County of Santa Clara's Building Moratorium Study Committee would be meeting on April 6, 1977 at 5:00 p.m. in the Board of Supervisors' Chambers. Motion was made by Councilman Stout seconded by Councilman Cunning- ham and carried that the City of Gilroy advise the Board of Supervisors that the City opposes the Building Moratorium Study Committee as it is pre- sently constructed and further agreed to join with South County United Committee in a suit to test same and any other remedies available. Mr. Jim Aira representing Aira Farms addressed the Council and in- quired if the City would be interested in leasing the 60 acres adjacent to the Sewer Treatment Plant for farming purposes. Staff noted that it would be necessary to meet with the local industries since they have paid for the land prior to any leasing arrangement. City Administrator Wood noted that the Industrial Sewer Committee would be meeting on April 8, 1977 at 3:00 p.m. and would discuss same at that time. .- ..... A letter from Boething Treeland Farms, Inc. in regard to drought plantings was noted. A report from the Planning Department regarding same was noted. Motion was made by Councilman Stout seconded by Councilman Link and carried that the Architectural & Site Control Committee be authorized to allow drought resistant plantings. Water Conserva- tion -- AB 903 - James E. Roberts Co. Temp. Tra il er ... 3915 A letter from the Santa Clara Valley Water District regardinq Build- ing Code Amendments for Water Conservation and a letter regarding same from the Inter-City Council were noted. Council referred same to the Department of Public Works for recommendation to Council on said request. A letter from Assemblywoman Leona H. Egeland was noted in regard to AB 903, Limitations on local campaign contributions was noted. A request of James E. Roberts Co. for use of a Temporary Trailer for an office during the construction of Plum Tree West was noted. Motion was made by Councilman Link seconded by Councilman Childers and carried that a temporary trailer permit be issued James E. Roberts Co. at the Plum Tree West project for six (6) months expiring October 4, 1977. Outside Supervisor Sig Sanchez addressed the Council in regard to the Sanitary County of Santa Clara's request for outside sanitary sewer connection at Sewer the South County Building. Discussion was had by Council on the matter. Connections Motion was made by Councilman Link seconded by Councilman Childers that the City allow said request subject to the City of Morgan Hill assum- ing 42% of said sewer capacity. Motion failed by the followinq Roll Call Vote: Ayes: Council Members: Childers, Hughan and Link; Noes: Council Members: Cunningham, Stout and Goodrich. Absent: Council Member: Pate. Supervisor Sig Sanchez requested that Council consider a sanitary sewer connection for the South County Airport, noting that same was not an immediate problem but necessary in order to obtain Federal Grant monies. . So. Co. Airport F8U Funds The request of the Morgan Hill School District for outside sani- tary sewer connection was noted. Council took no action on same. A request of the City of San Jose regarding F.A.U. Funds was noted. Motion was made by Councilman Link seconded by Councilman Childers and carried that the City concurs with the City of San Jose's recommenda- tions on said Funds. Gilroy Fire- A letter from the Attorney of the Gilroy Firemens' Association men's Assoc. in regard to the three (3) year Salary and Benefit Package was noted. Mr. Petersen, Attorney addressed the Council in regard to same. Council referred said letter to the City's counsel, Mr. Terheyden, Attorney for comment on same. Sr.Citizens' A letter from the State Franchise Tax Board in regard to training Property volunteers to assist the Senior Citizens in preparation of property tax Tax claims and renters assistance claims was noted. Motion was made by Councilman Link seconded by Councilman Childers and carried that the City approves said request of the State Franchise Tax Board. Councilman Stout voted IInoll on the motion. A",",''''..""" Sr. Nutritional A request of the Senior Nutritional Program for funding partici- Program pation was noted and discussed. Motion was made by Councilman Stout seconded by Councilman Link and carried that up to a maximum of $675.00 additional funds for the remainder of the 1976-77 fiscal year be authorized for the Senior Nutritional Program as requested. - The Mayor requested Council representation at the Senior Nutri- tional Program event scheduled for 12:00 noon on April 6, 1977 at Christ- mas Hi 11 Park. The following informational item was noted with no separate dis- cussion on same: 3916 Plan.Com. Report 3-21-77 Santa Clara Valley Plans, Newsletter #79. The Report of the Planning Commission special meeting of March 21, 1977 was noted. P.& R. Com. The Minutes of the Parks and Recreation Commission meeting of 3-22-77 March 22, 1977 were noted. Discussion was had on the water conservation plans presented by the Parks and Recreation Department and explained by City Administrator Wood. Personnel Com. 3-23-77 (Police Commander) Li brary & Cul t. Com. 3-1-77 - The Report of the Personnel Commission Meeting of March 23, 1977 was noted. Motion was made by Councilman Link seconded by Council- man Stout and carried that the classification of Police Commander be ap- proved as recommended. The Minutes of the Library and Culture Commission Meeting of March 1, 1977 were noted. Disbursements The Report of Disbursements from March 1, 1977 through March 31, 1977 was noted and discussed. Monthly Reports Feb. '77 The Summary of Monthly Reports of February, 1977 was noted. Facility Use A report on Facility Use Fees was noted. Motion was made by Fees Councilman Link seconded by Councilman Stout and carried that the Facili- ty Use Fees proposed be approved. Wheeler Aud. A report recommending banning private dances at Wheeler Auditorium ~ was noted and discussed. 5 Yr.Cap. Imp.Prog. Mr. Jose Chapa addressed the Council, in reqard to a prior com- mittment for use of Wheeler Auditorium for the annual Cinqo deMayo Cele- bration of the Fiestas Committee. ""'"",'. Council authorized use of Wheeler Auditorium by the Fiestas Committee for the 1977 Cinco deMayo Celebration and requested additional information from the Parks and Recreation Department regarding banning private dances at Wheeler Auditorium. A report on the Five Year (77-82) Caoital Improvement Program with certain amendments was presented. Discussion was had on same. Motion was made and not carried to approve the amended 5 Year Capital Improvement Program as presented. Further discussion was had in regard to same. Motion was made by Councilman Cunningham seconded by Councilman Childers and carried that the 5 Year Capital Improvement Program (77-82) be approved as amended noting that the Council committment for any projects '~isted would be for the 1977-78 fiscal year only. Councilman Stout voted "no" on the motion. Councilwoman Hughan was absent during the discussion and did not vote on same due to a conflict of interest. ~ HCD Funding A report on the Third Revision of H.C.D. Funding was presented and explained. Discussion was had on the matter. Motion was made by Councilman Stout seconded by Councilman Link and carried that the air-conditioning unit project be removed from the proposed funding in the amount of $15,000. and that $5,000. be substituted for Landscaping the Community Center and $10,000. for Las Animas Park AcqLH- sition. ...~ Motion was made by Councilman Stout seconded by Councilman Link and carried that a $15,000. budget amendment be approved for an air-condi- tioning system unit at the Community Center. '- 3917 Golf Course Motion was made by Councilman Stout seconded by Councilman Link and carried that $14,000. be authorized for roadway and parking project at the Gilroy Golf and Country Club. Drought City Administrator Wood presented and explained a report on the Problem drought situation. Discussion was had on the matter. Council requested that Staff present a recommendation to Council for penalties for mis-use of water. ".;j8'l''' st. Hwy. Imp. Director of Public Works-City Engineer Hansen presented and ex- plained a Report on State Highway Improvements. -- Water Levels Director of Public Works-City Engineer Hansen presented and ex- plained a report on the City's well water levels. Deferred Dev. Director of Public Works-City Engineer Hansen recommended ap- Agree.- proval of a deferred Development Agreement for Clay Bentson on Lewis Street. Bentson Councilman Cunningham did not enter into the discussion nor vote on the matter due to a conflict of interest in said property. Motion was made by Councilman Link seconded by Councilman Childers and carried that the deferred Development Agreement for Bentson as presented be approved. Dev.Agree. Rainbow Sub. Director of Public Works-City Engineer Hansen presented and recom- mended approval of a Development Agreement for the Rainbow Subdivision. Motion was made by Councilman Link seconded by Councilman Childers and carried that ,the Development Agreement for the Rainbow Subdivision be ap- proved as presented. ....,..." City Ord. infrac- t i"On s The City Attorney presented a proposed ordinance changing viola- tion of City ordinances to infractions from misdemeanors except in certain instances. Motion was made by Councilman Stout seconded by Councilman Link and carried that the reading of the proposed Ordinance changing violation of City ordinances to infractions from misdemeanors except in certain instances be waived and that it be published by ~itle and summary. \ ~ Vandalism Prevention Committee The Mayor appointed the following as members of the Vandalism Prevention Committee requested by Vance Baldwin, acting Superintendent of Schools: Vance Baldwin, Chairman; Brian Cunningham and Roberta Hughan, City Council Members; Fred O. Wood, City Administrator; Ginger King, Youth Ser- vices Bureau; Ted Landkamer, Probation Department; C. J. Laizure, Police Chief; U. Pat DeLeon, City Youth Officer; Jim Rogers, Brownell School; Mrs. Martha Wirz, Gilroy High School; Mr. Marco Bonne and Mr. Robin Wise, rep- resentatives from industry; Laurel Maloney & Bob Voorhees, Chamber of Com- merce; Gary A. George and Jack Peters, Downtown Business Association; William E. Ayer, Parks and Recreation Director; Edward H. Duerr and Dorothy Gutterman, B.I.G. Committee; Roger Reinsch, Brownell Student; Alex Larson, Teri Obata and Michael Trevino, Gilroy High School Students. Underground Utility Committee The Mayor appointed the following as members of the Council Advi- sory Underground Utility Committee: David W. Hansen, Chairman; Brian Cun- ningham, Roberta Hughan, David Sorenson, Harmon Carter, Midge Chiesa, George 1. Duffin, Frank Caliri, Tom Taricco and Gary A. George. , " iIIf.t.,;."..,;.I The Mayor requested that the above Committee members be noti- fied of their appointment. S.Valley Councilman Link presented a request of the South Valley Water Water Dist. District for support on their proposed Bond Issue. Motion was made by Bond Issue Councilman Link seconded by Councilman Cunningham and carried that the City ,r:,o!""";.t./ endorses and supports the proposed South Valley Water District's Bond Issue. ,Q' '~ ,,,.,\ \V \.' , Petition re: City Administrator Wood presented a petition of approximately non-confor-residents in the vicinity of Sixth Street between Princevalle Street and ming use Miller Avenue protesting the non-conforming use at 771 Sixth Street. The ,. 1 _. . 3918 City Attorney ~oted that Sqme was a police problem and that the zoning ordi- nance approach is not feasible. Corri dor Study City Administrator Wood noted that the City has been requested to make a recommendation in regard to the Corridor Study early this month. Council noted that they would meet with the Planning Commission jointly at their regular April 7, 1977 meeting to discuss and study same. Proposed annexa- tions City Administrator Wood noted that the following annexation ap- pl i cati ons fil ed with LAFCO: "Murray Avenue Annexati on 76-3", "Mantell i Annexation 77-4"; and Hecker Pass Annexation 77-5". Inter-City Council 1977 is Counci 1 1977 . The Mayor noted that the Inter-City Council meeting of April 14, scheduled for the Hyatt House in San Jose and requested that Members make their reservations with the City Clerk by April 11, Adjournment 5, 1977. The Mayor adjourned the meeting at 12:56 a.m. on Tuesday, April Respectfully submitted, I C?jZt4a~ b ~ ./ City Cl erk