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Minutes 1977/05/16 3938 Roll Call Consent Calendar Minutes Budgeted Items Pub.Hear. re: Bradley Prezoning Sa 1 a ry Achieve- ments Ord. 77-17 Prezoning- C. Acker Damage Claim- V. Cox Gilroy, California May 16, 1977 The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:00 p.m. Present: Council Members: Brian D. Cunningham, Marion T. Link, John E. Pate, David V. Stout and Norman B. Goodrich. Absent: Council Members: William E. Childers and Roberta H. ~~ Hughan. ....- City Administrator Protempore Reinsch noted that there were seven (7) City Employees under Item "P regarding Salary Achievements and an additional Item "GII regarding a Damage Claim from Virginia Cox, recommending denial of same. Councilwoman Hughan entered the Council Chambers at 8:01 p.m. and took her seat at the Council table. Motion was made by ,Councilman Pate seconded by Councilman Link that the followi'ng items under the Consent Calendar be approved by the following Roll Call Vote: Ayes: Council Members: Cunningham, Hughan, Link, Pate, Stout and Goodrich; Absent: Council Member: Childers. Approved the Minutes of the Regular Council Meeting of May 2, 1977 ; Approved the Minutes of the Adjourned Regular Council Meeting of May 5,1977; Approved the report on budgeted items exceeding $1,500, per Council direction; Set June 6, 1977, as a Public Hearing date for a prezoning request of Clyde Bradley for five (5) acres located on Mantelli Drive adjacent to the Seventh Day Adventist Church from Al-2.5 (County Agriculture) Zone to Rl (Single Family Residence) District; Approved the following Salary Achievement Level Increases for seven (7) City Employees: Anthony Holiday, Firefither, Range 31 from Step A, $996 to Step B, $1046; William Phelps, Police Officer, Range 32, from Step B, $1,099 to Step C, $1,153; Peter Timewell, Police Officer, Range 32.a from Step B, $1,109 to Step C, $1,164; Dennis Trettin, Police Sergeant, Range 36 from Step D, $1,471 to Step E, $1,544; Jorge Gonzalez, Police Officer, Range 32.5 from Step B, $1,126 to Step C, $1,183; Gary DeLorenzo, Public Works Inspector from Range 29.5 from Step D, $1,072 to Step E, $1,126; and Louise Fleming, Clerk Typist II, Range 24.5 from Step A, $728 to Step B, $762; -- Adopted Ordinance No.77-l7 prezoning 8.48 acres from Al-2.5 (County Agriculture) Zone to M2 (General Industrial) Industrict belong- ing to Charles Acker located easterly of South Chestnut Street opposite Banes Lane; ORDINANCE NO. 77-17 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY PREZONING 8.482 ACRES ADJOINING THE CITY OF GILROY ON THE EAST ..~ SIDE OF CHESTNUT STREET AT BANES LANE AS M2 (GENERAL INDUSTRIAL). PASSED AND ADOPTED this 16th day of May, 1977, by the following vote: ... AYES: COUNCIL MEMBERS: Cunningham, Hughan, Link, Pate, Stout and Goodrich NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: Childers Denied Damage Claim of Virginia Cox, as recommended. 3939 Air-Cond. Unit- City Administrator Protempore Reinsch reported on the following Com. Center bids received for the Air-Conditioning System at the Community Center: 1) Morgan Hill Air-Conditioning Co. - $18,561.15; 2) Larkin Sheet Metal - $18,638.00, including an alternate for improving the present system of $12,450.00; 3) Saufnauer Plumbing - $18,796.00; and 4) ASCO Air Condition- ing - $23,930.00. He noted that the bid of Morgan Hill Air Conditioning did not include a bldder's bond and said bid was not qualified. He recom- mended awarding the alternate bid of $12,450.00 from Larkin Sheet Metal for said air-conditioning project. Discussion was had on the matter. Motion was made by Councilwoman Hughan seconded by Councilman ~ Cunningham and carried that the bid from Larkin Sheet Metal in the amount of $18,638.00 be accepted with the provision that Staff determine from ... the Engineer of the project if arrangements could be made to use some of Larkin Sheet Metal's proposals to make the item less expensive. Misc. Equip. City Administrator Protempore Reinsch reported on bids received for a Chisel Plow and Trailer Mounted Chipper. Motion was made by Councilman Stout seconded by Councilman Link and carried that the bid of Clifford Equipment Company in the amount of $2,698.71 for the Chisel Plow be accepted as recomm~nded! City Administrator Protempore Reinsch reported that a representa- tive from Western Traction Company was present and wished to address the Council in regard to the Trailer Mounted Chipper noting that said company was not the low bidder. Mr. Baker, representing Western Tracti on Company, addressed the Council noting that the subject equipment of the low bidder did not have a required safety breaker on same; that his Company's bid included said equipment with a safety factor installed. Heard from Mr. William Demichelis, Equipment Maintenance Super- visor, noting that it was illegal to operate this type of apparatus without a safety factor on same; that the City's specifications included same. .,.,.,..,4 Motion was made by Councilman Cunningham seconded by Councilman Stout and carried that the low bid of Asplundh Equipment in the amount of $6,959.96 be accepted as recommended. Old City Hall City Administrator Protempore Reinsch reported on the bid from Mountain Charley's received for the Old City Hall Lease. The Mayor asked if there were any additional bids for the Old City Hall Lease from anyone in the audience. There was no comment from anyone in the audience. City Administrator Protempore Reinsch noted that the proposal of Mountain Charley's indicated that this company desired to name their bus iness operati on at the 01 d City Hall, "01 d City Hall Saloon and Restaurant. " w"'~ Discussion was had on the matter. Motion was made by Councilman Pate seconded by Councilman Link and carried that the award of said bid be tabled to await City Administrator Woodis return from vacation in order to negotiate the lease further and consider a change in the pro- posed business name. A letter from Townscape, Inc. requesting authorization to perform changes in the architectural design of the Old City Hall to meet Mountain Charley's specifications was noted and tabled to determine if the bid of Mountain Charley's is, in fact, awarded, prior to any architectural design change. ' ..... Pub. Hear. re: OPL's Chest- nut St. The Mayor stated that it was the time and place scheduled for the continued public hearing for reconsideration of adopted Official Plan Lines for Chestnut Street between Lewis Street and I.O.O.F. Avenue. Heard Staff's report on same and further explained by Director of Public Works-City Engineer Hansen. The Mayor asked if there was anyone in the audience wishing to speak on said proposal. 3940 Res. #77-36 8th St. & Orchard Dr. Intersec. Res. #77-37 Mr. John Klarich, attorney representing the Ghirlanda property, addressed the Council noting that he was not informed about what the $85,000.00 City's appraisal for the Ghirlanda property en- ta il ed. Fire Chief Brittain reported that his department preferred not to change the adopted official plan lines for Chestnut Street. Motion was made by Councilman Link seconded by Councilman (unningham and carried that the public hearing be closed. Discussion was had by Council in regard to said official plan ~ lines. Councilman Stout reported that he had no conflict of interest in any property within the official plan lines in question. Motion was made by Councilman Link seconded by Councilman Cunningham that the reading of Resolution No. 77-36 be waived and that it be adopted removing official plan lines on that portion of Chestnut Street that affects the Angelo Ghirlanda property. The City Attorney noted that Council may be required to adopt an ordinance re- garding same at a later date since said plans were adopted by ordinance. RESOLUTION NO. 77-36 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AMENDING THE CIRCULA- TION ELEMENT OF THE GENERAL PLAN OF THE CITY OF GILROY AND ELIMINATING PLAN LINES FOR A PROPOSED "Sn CURVE CONNECTION BETWEEN CHESTNUT STREET AND MURRAY AVENUE. ' PASSED AND ADOPTED this 16th day of May, 1977, by the following vote: AYES: COUNCIL MEMBERS: Cunningham, Hughan, Lin~, Pate, Stout and Goodri ch NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Childers , , ". ...... A petition from residents of Eighth Street was noted requesting 4-Way arterial stop signs at the intersection of Eighth Street and Orchard Drive. ~. Mr. Merrill Zimmershead, addressed the Council,representing the petitioners and further explained the problem. The Mayor asked if there were any other persons in the audience wishing to speak on the subject. Mr. Richard Gieseker, Mrs. Genevieve Smith, and Mrs. Betty Gonzales, 770 - 8th Street respectively, addressed the Council in regard to the traffic problem in question. Director of Public Works-City Engineer Hansen recommended con- tinuance of said matter in order to obtain a report from George Nolt~, traffic consultants on same. - It was recommneded by teh r~ayor that "no trucks II signs be posted on Eighth Street; that school crossing signs be painted on the street at Princevalle Street; and that 25 mph signs be posted in the area. Motion was made by Councilman Stout seconded by Councilman Lipk that the reading of Resolution No. 77-37 be waived and that it be adppted requiring 4-way arterial stop signs at EighfuStreet and Orchard Driv~ Intersection. ..... - RESOLUTION NO. 77-37 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING A FOUR- WAY ARTERIAL STOP AT THE INTERSECTION OF ORCHARD DRIVE AND EIGHTH STREET IN THE CITY OF GILROY. PASSED AND ADOPTED this 16th day of May, 1977, by the following vote: AYES: COUNCIL MEMBERS: Cunningham, Hughan, Link, Pate, Stout and Good ri ch NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: Childers So. Co. Bldg. Moratorium - .... ( . "' J ....'" M. H. School District re: AB 72 S. C. Co. Lib. Com. Fed. Unemploy. Compo Amend. 3941 The Mayor requested a report from Planning Director Bedaux in regard to a South Valley meeting on Transition Zones by the South Valley Advisory Committee. Planning Director Bedaux presented and explained said report which was, i nc 1 uded in the agenda packet but not agendi zed. Councilman Cunningham inquired if the County has answered the City's questions regarding the South County Building Moratorium. . The ~~ayor noted that the City had not recei ved answers to same and requested that City Administrator Protempore Reinsch contact Super- visor Steinberg and request that the City of Gilroy's question in regard to the South County Building Moratorium be answered in writing and that time is of the essence. Mr. Ed Lazzarini addressed the Council and reported that the Board of Supervisors had met on May 16, 1977, at 5:00 p.m. and amended the adopted criteria of the South Valley Advisory Committee. Motion was made by Councilman Pate seconded by Councilwoman Hughan and carried that the matter of transition zones be referred to the Planning Commission for, their study of the establishment of an urban transition area for the City of Gilroy and that they take into account at least for the initial stages of that study, the statements that came out of the South Valley Advisory Committee which include the definition and the two (2) criteria that they have established; further that they take into account in making that study the existing urban service area projected into the future and that they take into account the City of Gil roy I s general planning; and that the Mayor appoint two (2) Council Members to serve with the Planning Commission on said study. Councilman Cunningham voted "no" on the motion. The Mayor appointed Council Members Link and Pate to work with the Planning Commission on their study of the establishment of an urban transition area for the City. City Administrator Protempore Reinsch noted that he would notify the South Valley Advisory Committee that the City of Gilroy would not have any information by their proposed meeting of May 26, 1977. A letter from Morgan Hill Unified School District urging support of AB 72 re: Funds for Schools was noted. Council took no action on same. A letter from the County of Santa Clara Board of Supervisors was. noted requesting a recommendation for appointment to the Santa Clara County Library Commission. Council authorized the Mayor to recommend an appointment to said Committee. A letter from the National Institute of Municipal Law Officers was noted requesting City participation on Constitutional Challenge to the Federal Unemployment Compensation Amendments of 1976. City Administrator Protempore Reinsch recommended that the City enter into an agreement for same and that the cost would be $2,500. Motion was made by Councilman Stout seconded by Councilman Link and carried that the City enter into an agreement to participate in same. New Sewer Treat. A letter from the Division of Water Quality regarding Wastewater Plant-Air Treatment Plant Project was noted and discussed accompanied by a resolution Quality Maint. regarding Air Quality Maintenance Planning. Planning - .... Res. #77-38 Director of Public Works-City Engineer Hansen reported on a recent meeting he attended in regard to same with the State on new STP grant conditions. Motion was made by Councilman Pate seconded by Councilman Link that the reading of Resolution No. 77-38 be waived and that it be adopted. RESOLUTION NO. 77-38 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REGARDING AIR QUALITY f1AINTENANCE PLANNING FOR PROJECT NO. C-06-l019. 3942 01 d City Hall Plan. Com. Report 5/5/77 Sr. Citi zens Res. #77-39 Destruction of Certain Records Underground Util ity District PASSED AND ADOPTED this 16th day of May, 1977, by the following vote: AYES: COUNCIL MEMBERS: Cunningham, Hughan, Link, Pate, Stout and Goodri ch NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: Childers A letter from Townscape Inc. was noted requesting authorization to perform changes in the architectural design of the Old City Hall to meet Mountain Charley's specifications and further that same had been tabled earlier in the meeting to await award of the Lease for said Old City Hall building. ....... Mr. E. Gary Schloh, AlA for Townscape, Inc., addressed the Council in regard to same. ".~ The Report of the Planning Commission meeting of May 5, 1977, was noted and explained by Planning Director Beduax; further that he would have a detailed report for review of the Uvas Parkway at the next Council Meeting. A report on an estiamte of local residents in the age group of sixty-five (65) ~ears or more was noted. Councilman Cunningham requested a Staff report on an estimate of the revenue received from the Senior Citizens for the Utility Users Taxes and that he would be satisfied with using the 10% figure reported. The City Attorney presented and explained a resolution author- izing destruction of certain records. Motion was made by Councilman Pate seconded by Councilwoman Hughan that the reading of Resolution No. 77-39 be waived and that it be adopted. RESOLUTION NO. 77-39 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AUTHORIZING DESTRUCTION OF RECORDS PURSUANT TO GOVERNMENT CODE SECTIONS 34090 AND 34090.7. PASSED AND ADOPTED this 16th day of May, 1977, by the following vote: AYES: COUNCIL MEMBERS: Cunningham, Hughan, Link, Pate, Stout and Goodrich NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: Childers ....... ~~-. Director of Public Works-City Engineer Hansen presented and explained a report on an Underground Utility Committee Meeting. Motion was made by Councilman Pate seconded by Councilman Link and carried that a public hearing date of June 6, 1977, be set for the purpose of establishing an underground district onthe south side of First Street undergrounded from the service station west of Westwood Drive to the professional building east of Miller Avenue. Blue Parking The City Attorney presented a proposed ordinance amending Section Zones 15.90 of the City Code designating Blue Parking Zones for exclusive use of disabled persons. Prelim. Budget Chamber Ind. Dev. Report Motion was made by Councilman Pate seconded by Councilman Link and carried that the reading of the proposed ordinance be waived and that it be introduced and published by title and summary. ~ A report on the preliminary budger review for the 1977-78 Budget was noted. Counci 1 set ~1ay 31 and June 2 at 7: 30 p.m. for Council study sessions on same. It was noted that June 2, 1977, is a regularly scheduled Planning Commission meeting and that said study session of the Council could be located elsewhere. ...""'" The April 1977 report of the Gilroy Chamber of Commerce Indus- trial Development Committee was noted. P & R Annual Report League Bulletin STP Grant Conditions Lewi s St. Pkg. Lot 3943 The Annual Report of the Parks and Recreation Department was noted. The Mayor instructed the City Administrator Protempore to extend compli- ments of the Council to Parks and Recreation Director Ayer on his fine report. The League of California Cities Legislative Bulletin No. 16 - 1977 was noted. Motion was made by Councilman Stout seconded by Councilman Link and carried that the City accept the League's recommendation on same. It was noted that the Report on a meeting with the State on new STP Grant conditions was discussed at the same time the letter from the Division of Water Quality was discussed, earlier in the meeting. Director of Public Wroks-City Engineer Hansen presented and explained a report on the Lewis Street Parking Lot recommending parking restriction on same. Discussion was had on the matter. Council elected not to restrict parking at said lot. Blossom Heights Director of Public W~ks-City Engineer Hansen presented and recom- Sub. Tr. mended plans and an agreement for Blossom Heights Subdivision, Tract 6045. 6045 Motion was made by Councilman Link seconded by Councilman Stout and car- ried that the plans and agreement for Blossom Heights Subdivision, Tract 6045, be approved as presented. BIG Committee Councilwoman Hughan requested Council to purchase a T-Shirt presently being sold by the B.I.G. Committee. Murray Ave. 77 -6 Annex. Pub. Wks. Di nner Adjournment City Administrator Protempore Reinsch advised Council of a dedication ceremony of the North County Reclamation Wastewater Plant in Palo Alto on May 28,1977, at 11:30 a.m. and of the Council Sewer Advisory Committee Meeting scheduled for May 18, 1977, at 3:00 p.m. City Administrator Protempore Reinsch informed Council that an application for annexation of IIMurray Avenue 77-611 had been filed with LAFCO. The Mayor noted the Public Works' Man of the Year Dinner honoring Lloyd C. Fowler, Chief Engineer of the Santa Clara Valley Water District, on May 26, 1977, at the Bold Knight in Sunnyvale. Planning Director Bedaux informed the Council that the proposed IIMurray Avenue Annexati on 77-6" is not in the current urban servi ce area of the City. At 11:03 p.m., the Mayor adjourned the meeting. Respectfully submitted, ~'c:/