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Minutes 1977/06/06 ] Roll Call Consent Calendar 3943 June 6, 1977 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:04 p.m. Present: Council Members: William E. Childers, Brian D. Cunningham, Roberta H. Hughan, Marion T. Link, John E. Pate, David V. Stout and Norman B. Goodrich. Motion was made by Councilman Link seconded by Councilman Childers that the following items under the Consent Calendar be approved by the following Roll Call Vote: AYes: Council Members: Childers, Cunningham, Hughan, Link, Pate, stout and Goodrich: Noes: Council Members: None. 3944 Minutes City Administrator Wood reported that copies of the proposed 1977-1978 Budget are available in the office of the City Clerk. Approved the minutes of the Regular Council Meeting of May 16, 19 77 ; Pub. Hear. re: Set June 20, 1977, as a Public Hearing date on the 1977-1978 77-78 Bud- proposed City Budget; get Pub. Hear. re: Chri stopher Rezoning Pub. Hear. Bell Pre-. zoning Ord. #771-8 Blue Pkg. Zones Set June 20, 1977, as a Public Hearing date on a rezoning request of Donald Christopher from IZ to Rl for property located on the west side of Mesa Road at its intersection with Miller Avenue, containing 18.34 acres; --..~ ..".. re: Set June 20, 1977, as a Public Hearing date on a prezoning request of Kenneth W. Bell for 24.6 acres located north of Hecker Pass Highway and west of Morey Avenue, from Al-2.5 (County Agricul- tural) Zone to Rl (Single Family Residence) District; and Adopted Ordinance No. 77-18 Designating Blue Parking Zones for exclusive use for Disabled Persons. ORDINANCE NO. 77-18 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 15.90 OF THE GILROY CITY CODE SO AS TO DESIGNATE BLUE PARKING ZONES FOR THE EXCLUSIVE USE OF DISABLED PERSONS. PASSED AND ADOPTED this 6th day of June, 1977, by the following vote: AYES: COUNCIL MEMBERS: Childers, Cunningham, Hughan, Link, Pate, Stout and Goodrich. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Equip. Bids Purchasing Agent Reinsch presented a report on bids for a truck cab and chassis recommending award of the low bid to Clifford -- Equipment Company in the amount of $14,386.84. Pub. Hear. re: Bradley Property Motion was made by Councilman Pate seconded by Councilman Link and carried that the low bid of Clifford Equipment Company in the amount of $14,386.84 be awarded as recommended. ....... The Mayor stated that it was the time and place scheduled for a Public Hearing on a prezoning request of Clyde Bradley for five (5) acres located north of Mantelli Drive and east and adjacent to the Seventh Day Adventist Church from Al-2.5 (County Agricultural) Zone to Rl (Single Family Residence) District. Planning Director Bedaux presented and explained Staff1s Report on same. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposed prezoning. Mr. Cal LeNeave, 9415 Morey Avenue, Gilroy, addressed the Council noting that he was opposed to said prezoning request because of the drainage problem in the area and Project 566 not being com- pleted as of this date. The Mayor asked if there was anyone else in the audience wish- ing to speak for or against the proposed prezoning. There was no comment from anyone in the audience. - - Motion was made by Councilman Link seconded by Councilman Childers and carried that the Public Hearing be closed. Director of Public Works-City Engineer Hansen noted that the two (2) proposed residences would not create additional drainage problems in the area even though Project 566 is not completed. Discussion was had by Council on the proposal. 3945 Motion was made by Councilman Pate seconded by Councilman Link and carried that a proposed ordinance be introduced, the reading waived, and that it be published by title and summary with the condition that only two (2) parcels be considered for development until such time that Project 566 is completed. Pub. Hear. re: Weed Abate. The Mayor stated that it was the time and place scheduled for the Public Hearing on a Report of the Fire Chief re: Weed Abatement. The Report of the Fire Chief regarding same was noted. The Mayor asked if there was anyone in the audience wishing to speak for or against the Weed Abatement Program. There was no comment from anyone in the audience. - .... Motion was made by Councilman Pate seconded by Councilman Childers and carried that the Public Hearing be closed. Res. #77-40 Motion was made by Councilman stout seconded by Councilman Link that the reading of Resolution No. 77-40 be waived and that it be adopted, confirming the Fire Chief's Report and providing for Special Assessments. ~ RESOLUTION NO. 77-40 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CONFIRMING THE REPORT OF THE CHIEF OF THE FIRE DEPARTMENT SETTING FORTH THE DESCRIPTION OF PROPERTY, THE OWNERS THEREOF, AND THE COST OF ABATING THE NUISANCE CAUSED BY THE GROWING OF WEEDS AND ACCULUATION OF REFUSE IN THE CITY OF GILROY, AND PROVIDING THAT SUCH COSTS SHALL CONSTITUTE ASSESSMENTS AGAINST THE RE- SPECTIVE OWNERS OF LAND. PASSED AND ADOPTED this 6th day of June, 1977, by the following vote: AYES: COUNCIL MEMBERS: Childers, Cunningham, Hughan, Link, Pate, Stout and Goodrich. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None - Pub. Hear. re: Underground Uti 1 i ty Di st. Fi rst St. The Mayor stated that it was the time and place scheduled for a Public Hearing for the purpose of establishing an Underground Utility District on the south side of First Street from the service station west of Westwood Drive to the professional building east of Miller Avenue. Director of Public Works-City Engineer Hansen presented and explained Staff's report on said proposal. City Administrator Wood noted that Mr. Frank Caliri, Falcon Cable TV, had intended to be present in the audience to speak on the subject, if necessary. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. There was no comment from anyone in the audience. Res. #77-41 Motion was made by Councilman Link seconded by Councilman Childers and carried that the Public Hearing be closed. Motion was made by Councilman Stout seconded by Councilman Link that the reading of Resolution No. 77-41 be waived and that it be adopted designating said area as an Underground Utility District and ordering removal and underground installation. 1Qi>"+~ -- RESOLUTION NO. 77-41 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DESIGNATING CERTAIN AREA AS AN UNDERGROUND UTILITY DISTRICT AND ORDERING REMOVAL AND UNDER- GROUND INSTALLATION. PASSED AND ADOPTED this 6th day of June, 1977, by the following vote: AYES: COUNCIL MEMBERS: Childers, Cunningham, Hughan, Link, Pate, Stout and Goodrich NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 3946 S. Chestnut St. A petition from Charles R. Acker, et al, was noted requesting Annex. 77-1 annexati on of property to be known as IISouth Chestnut Street Annexa- tion 77-1 to the City of Gilroyll located on the east side of South Chestnut Street at Banes Lane, containing 8.482 acres. Staff reported on said proposed annexation. Ord. #77-19 Motion was made by Councilman Pate seconded by Councilman Link that the reading of Ordinance No. 77-19 be waived and that it be adopted annexing said territory to the City of Gilroy. '""""'" ORDINANCE NO. 77-19 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRI- TORY DESIGNATED AS "SOUTH CHESTNUT STREET 77-1 TO THE CITY OF GILROY.II PASSED AND ADOPTED this 6th day of June, 1977, by the following vote: AYES: COUNCIL MEMBERS: Childers, Cunningham, Hughan, Link, Pate, Stout and Goodrich NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None """.".4 Res. #77-42 Motion was made by Councilman Pate seconded by Councilman Link that the reading of Resolution No. 77-42 be waived and that it be adopted removing said territory from the Gilroy Rural Fire District. RESOLUTION NO. 77-42 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY WITHDRAWING FROM THE GILROY RURAL FIRE DISTRICT TERRITORY THEREIN RECENTLY ANNEXED TO THE CITY OF GILROY UNDER THE DESIGNATION IIS0UTH CHESTNUT STREET ANNEXA- TION 77-1 TO THE CITY OF GILROY.II PASSED AND ADOPTED this 6th day of June, 1977, by the following vote: AYES: COUNCIL MEMBERS: Childers, Cunningham, Hughan, Link, Pate, Stout and Goodrich. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None - - Solid Waste Manage- ment Paln Mr. Warren Terriberry, County Planning Department, addressed the Council regarding the Solid Waste Management Plan. He noted that the City would be required to adopt an Enforcement Agency by July 1, 1977. Motion was made by Councilman Stout seconded by Coun- cilman Cunningham and carried that the City Attorney be instructed to prepare the required resolution for consideration at the next regular Council Meeting. The Mayor asked if there was anyone in the audience wishing to speak in regard to any subject not on the agenda. There was no comment from anyone in the audience. Kids to Camp A request of "Kids to Camp, Inc.1I from the Board of Supervisors and said organization was noted. Ms. Salley Peelers, member of the Board of Directors of Kids to Camp, Inc., addressed the Council requesting City participation in the amount frf $615.00. Discussion was had by Council on the matter. .... Motion was made by Councilman Cunningham seconded by Councilman Pate that the 1976-77 Budget be amended to provide for City participa- .. tion in the amount of $615.00 for Kids to Camp, Inc. Motion failed by the following Roll Call Vote: AYes: Council Members: Cunningham and Pate; Noes: Council Members: Childers, Hughan, Link, Stout and Good- ri ch. The Mayor deviated from the regular Agenda in order to accom- modate interested persons in the audience. ..... ... Madonna Dev. Co. Amend. re :Mesa Rd. Ranch Sub. 3947 Letters dated May 2, 1977, and June 2, 1977, from Mr. Vance D. Baldwin were noted in regard to Dr. Carl Bozzo's dedication of ten (10) acres of land for Public Use in Mesa Road Ranch Subdivision. The Mayor asked Dr. Carl Bozzo who he wished to dedicate the ten (10) acres to. Dr. Carl Bozzo addressed the Council and noted that he wished to dedicate same to the Gilroy Unified School District. Mr. Ed Lazzarini, partner, addressed the Council and noted that they would be willing to dedicate an additional 2+ acres to the City for a combined use of school and City facilities within said subdivision project. Mr. Vance Baldwin noted that said general area has been planned for an additional elementary school site approximately the size of the present El Roble School for some future date. Motion was made by Councilman Cunningham seconded by Councilman Childers and carried that Stipulation No.9 of the Development Agreement with Madonna Development Company, dated April 4, 1977, be amended as follows: "Another Agreement will be prepared for concurrent approval stipulating the owner agrees to dedicate to Gilroy Unified School District free and clear of all encurrbrances a ten (10) acre parcel,1I noting that the remaining portions of said agreement shall remain unmodified. A letter from the Downtown Retail Merchants I Association in re: to a new City Hall location. Council took no action on same. Downtown Mer- chants re: New Ci ty Hall Chamber of Com- A letter from the Gilroy Chamber of Commerce requesting additional merce re: allocation of funds in the 1976-77 Budget was noted and discussed. Ind. Com. Budget All ocations -"...-.'4 L & L Enter- prises Mr. Bill McIntosh, addressed the Council and further explained the request. Motion was made by Councilman Childers seconded by Councilman Pate and carried that an additional $1,750.00 be authorized to the Gilroy Chamber of Commerce in the 1976-77 Budget, as requested. Motion was made by Councilman Pate seconded by Councilman Cunning- ham and carried that payment of the June services be authorized in the 1976-77 fiscal year based on the report of the Industrial Committee that will not include a complete month of June 1977. Noted and discussed a letter from L & L Enterprises (Frisone and Willard) advising Council of their desire to condominiumize their Parkside Project. Motion was made by Councilman Stout seconded by Councilman Link and carried that Council has no objection to said plan as presented. The Mayor deviated from the agenda in order to accommodate inter- ested persons in the audience. Southco Dev., Ltd. A letter from Southco Development, Ltd. was noted and discussed in regard to developing the Hoey Ranch. 4Wl""'~ ... Discussion was had on the matter. Mr. William K. Henry, Civil Engineer for the project, addressed the Council and requested that said property be considered for inclusion in the City's Urban Service Area as a hardship case. Mr. David Sanchez, addressed the Council regarding the proposed plan for said development. He noted that it was his intent to construct a sewer plant to the State's specifications and when accepted, they would give same to the City. Motion was made by Councilman Pate seconded by Councilman Stout and carried that said proposal be referred to the Planning Commission for determination as to whether said property should be in the Urban Service Area of the City and whether the City should proceed on applying 3948 League Bulletin Hidden Glen So. Co. Moratorium to LAFCO for immediate inclusion in the Urban Service area or defer same until October 1977. Council Members Childers and Link voted "No" on the motion. At 10:00 p.m., the Mayor declared a recess and reconvened the meeting at 10:05 p.m. The League of California Cities Legislative Bulletin #19 - 1977 (5/27/77) was noted and discussed. Motion was made by Council- man Pate seconded by Councilman Childers and carried that the City support the League's position on same. Councilman Cunningham voted "No" on the motion. ....... The following informational items were noted with no separate discussion on same. i ~"'. Letter of Appreciation from petitioners of Hidden Glen; and Letter from Chairperson Steinberg regarding her response to Mayor and Council's questions in regard to South County Moratorium and Transition areas. Plan. Com. Reports 5/19/77 & 6/2/77 Personnel Com. The Report of the Personnel Commission Meeting of May 25, 1977, 5/25/77 was noted. P & R Com. 5/24/77 The Report of the Planning Commission Meetings of May 19, 1977 and June 2, 1977, were noted. Personnel Director Reinsch noted that the Commission has re- quested a Joint Study Session with the Council to determine how it can better serve the Council. Council suggested June 22, 1977, at 4:00 p.m. (one hour prior to their regular meeting) noting that said date could be confirmed at the June 20, 1977, regular Council Meeting. - The Minutes of the Parks and Recreation Commission Meeting were noted. - Discussion was had in regard to Armand White's house offered to the City of Gilroy to be used as a Senior Citizens' Center. Motion was made by Councilman Link seconded by Councilman Childers and car- ried that the offer from the Estate of Armand White for donation of his home to be used as a Senior Citizens' Center be rejected as recom- mended by the Commission. Councilwoman Hughan did not enter into the discussion nor vote on the matter due to a conflict of interest in same. Lib. & Cult. Com. The Minutes of the Library and Culture Commission Meeting of 5/3/77 May 3, 1977, were noted. Month ly Report Apri 1 177 Disbursements The Summary of Monthly Reports of April 1977 were noted and discussed. The Report of Disbursements from May 1, 1977, through May 31, 1977, was noted and discussed. Police Officer A report from Police Chief Laizure was noted recommending Horta Council to commend Police Officer Horta. Motion was made by Council- man Stout seconded by Councilman Pate and carried that the City Administrator be instructed to prepare a resolution for Council con- sideration at the next regular meeting. Seagrave Pumper Loan Agree. Res. #77-43 Abandoned Veh. Ab ate. IIIIIIIII iO>_ A report on a Loan Agreement covering the Gilroy Historical Society's 1923 Seagrave Pumper was noted. Motion was made by Council- man Link seconded by Councilman Childers and carried that the Mayor be authorized to execute said Loan Agreement on behalf of the City. Motion was made by Councilman Pate seconded by Councilman Link that the reading of Resolution No. 77-43 for participation in the Abandoned Vehicle Abatement Program be waived and that it be adopted. 3949 RESOLUTION NO. 77-43 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY OF INTENTION TO PARTICIPATE IN THE ABANDONED VEHICLE ABATEMENT PROGRAM. PASSED AND ADOPTED this 6th day of June, 1977, by the following vote: AYES: COUNCIL MEMBERS: Childers, Cunningham, Hughan, Link, Pate, Stout and Goodri ch NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None -... Water Re-Use A Report on Water Re-Use Meeting of June 1, 1977, was noted and discussed. - Equipment Downtown All ey Proj. 77-1 FAU Funds Pub. Wks. EDA Program .,,,...,,,,, A report on the trailer mounted chipper was noted and discussed. Motion was made by Councilman stout seconded by Councilman Link and carried that the bid of Western Traction Company in the amount of $7,015.08 be approved as the bid previously approved from Asplundh did not include the safety brake feature which the City assumed was an OSHA requirement. Director of Public Works-City Engineer presented a recommendation to grant an extension of time to Renz Construction Company regarding the Downtown Alley Project 1977-1. Motion was made by Councilman Stout seconded by Councilman ~ink and carried that a five (5) day extension be granted to Renz Consttuction Company as recommended. Director of Public Works-City Engineer presented a report on FAU Funds, County Gas Tax Exchange. Director of Public Works-City Engineer Hansen presented a report on local Public Works EDA Program, Phase II. He noted that a list of pririties would be presented to Council at the next regular Council Meeting for approval. Ground Water Director of Public Works-City Engineer Hansen presented a report Basin on the status of Ground Water Basin. - Wastewater Treatment Grant Uvas Park Dr. Design Standards "'" ~ Eastside Pk. ........ Director of Public Works-City Engineer Hansen presented and explained a Report on ABAG's A95 Review of Gilroy-Morgan Hill Wastewater Treatment Grant. City Administrator Wood distributed Staff's recommendation in accord with prior approval of the plan and requested that Council contact him if there is any objection to same. Planning Director Bedaux presented and explained a Report on Uvas Park Drive Design Standards. He noted that the location of same is be- tween Santa Teresa Boulevard and Tenth Street, 100' right of way with only two lanes to be constructed; said right of way between Tenth Street and Thomas Lane, the road will not be constructed. Mr. Larry Preston, representing the Flood Control District, ad- dressed the Council and noted that the District supports the concept pre- sented for Uvas Park Drive standards. Motion was made by Councilman Stout seconded by Councilwoman Hughan and carried that the concept for Uvas Park Drive Design Standards as presented be accepted. Councilmen Childers and Link voted "No" on the motion. City Administrator Wood presented a Report on Eastside Park funding. Parks and Recreation Director AYer presented and explained changes in the proposed plans for Eastside Park Project. Discussion was had by Council on the matter. Motion was made by Councilman Link seconded by Councilman Stout and carried that Staff be instructed to bring back a complete Master Plan for Eastside Park to include any proposed changes and at that time, Council will approve a priority for the work to be completed at said Park; further, that the 1977-78 proposed budget include a maximum of $150,000.00 in funds for said project, and if additional funding is approved, the budget can then be amended for same. 3950 Sewer Adv. Com. ~ letter to ~organ "Hill as discussed at the May 18, 1977, Sewer Advisory Committee Meeting was noted. The City Attorney recom- mended rewording a portion of said letter. Motion was made by Council- man Stout seconded by Councilman Link and carried that said letter be approved subject to changes requested by the City Attorney and that when corrected, same be forwarded to the City of Morgan Hill. Trans i ti on Zones Councilman Link reported on progress of the Planning Commis- sion Study Committee for Transition Zones of the City. Project 566 Councilman Link reported that funding for Project 566 in the amount of $283,000.00 had been approved and bid opening proposed for as early as the latter part of 1978. Truck Routes Councilman Childers noted that he is opposed to Eighth Street not being a truck route and the signs noting same erected at said location. Council requested a report from the Chief of Police on same to be presented back for review. Councilwoman Hughan noted that she has not been receiving Planning Commission Agendas. City Barbecue Assistant City Administrator Reinsch inquired on a date for the City Barbecue, suggesting July 16,1977, or August 27,1977. Council indicated that they preferred August 27, 1977. Mr. Roberts from the Gilroy Chamber of Commerce noted that he believed the Chamber Barbecue was scheduled for August 27, 1977. Council requested that same be checked to avoid a conflict. Emsee Transp. Trailer Permit City Administrator Wood presented a request from Emsee Trans- portation Company for an extension on their temporary trailer permit for an office located at 6490 Chestnut Street. Motion was made by Councilman Pate seconded by Councilman Childers and carried that a one (1) year extension be granted Emsee Transportation Company for said temporary trailer permit expiring June 4, 1978. City Administrator Wood presented a letter of commendation from the Children's Home Society for Robert Connelly's actions. Adj ournment At 12:00 midnight, the Mayor adjourned the meeting. Respec~fully submitted, I. I /GJ?/J~~er~J-