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Minutes 1977/06/20 T 3950 June 20, 1977 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:00 p.m. Roll Call Present: Council Members: William E. Childers, Roberta H. Hughan, Marion T. Link, John E. Pate, David V. Stout and Norman B. Goodrich. Absent: Council Member: Brian D. Cunningham. Res. #77-44 The Mayor presented Resolution No. 77-44 commending Police Officer Horta Horta. Motion was made by Councilman stout seconded by Councilman Link that the reading of Resolution No. 77-44 be waived and that it be adopted. RESOLUTION NO. 77-44 A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY HONORING THE COURAGEOUS AND DEDICATED ACTIONS OF GILROY POLICE OFFICER, GILBERT L. HORTA. PASSED AND ADOPTED this 20th day of June, 1977, by the following vote: Consent Calendar - Minutes 3951 AYES: COUNCIL MEMBERS: Childers, Hughan, Link, Pate, Stout and Goodrich NOES: COUNCIL ME~BERS: None ABSENT: COUNCIL MEMBERS: Cunningham; 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, Hughan, Link, Pate, Stout and Goodrich. Absent: Council Member: Cunningham. Approved the Minutes of the Regular Council Meeting of June 6, 1977; Ord. #77-20 re: Adopted Ordinance No. 77-20 Prezoning property of Clyde Bradley Bradley Pre- for five (5) acres located north of Mantelli Drive and east and adjacent zoning to the Seventh Day Adventist Church from Al-2.5 (County Agricultural) Zone to R1 (Single Family Residence) District. -- Sal ary Increases - Damage Cl aim- J. Nakayama 1977-78 Budget -"',u!!ilil ORDINANCE NO. 77-20 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY PREZONING FIVE ACRES ADJOINING THE CITY OF GILROY ON THE NORTH SIDE OF MANTELLI DRIVE EAST OF AND ADJACENT TO THE SEVENTH DAY ADVENTIST CHURCH AS R-1 (SINGLE FAMILY RESIDENCE). PASSED AND ADOPTED this 20th day of June, 1977, by the following vote: AYES: COUNCIL MEMBERS: Childers, Hughan, Link, Pate, stout and Goodrich NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: Cunningham; Approved the following Salary Achievement Level Increases for Five (5) City Employees: Joseph Amelio, Police Officer, Range 32.5 from Step "D", $1,240 to Step "E", $1,302; Dawn Havens, Clerk Typi st I, Range 23 from Step "A", $679 to Step "B", $710; Ralph Hernandez, Custodian I, Range 25 from Step "C", $819, to Step liD", $861; Craig Martin, Police Officer, Range 32.5 from Step "A", $1,072 to Step liB", $1,126; and Tom Vasquez, Police Officer, Range 32 from Step "C", $1,153 to Step "D", $1,211; and Denied a Damage Claim of Joe Nakayama. The Mayor stated that it was the time and place scheduled for a Public Hearing on the 1977-78 proposed budget and Revenue Sharing Funds. City Administrator Wood presented and explained a report which in- cluded proposed changes in said budget. Councilman Cunningham entered at 8:04 p.m. and took his seat at the Council table. Further discussion was had by Council on the proposed budget. Director of Public Works-City Engineer Hansen presented and explained a report on the EDA Grant Program, Phase II. Parks and Recreation Director Ayer explained the proposed changes in the Eastside Park's Master Plan, noting that said plan is basically unchanged as originally presented and approved excepting additional parking lot spaces proposed and minimum turf proposed due to the present drought situation. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposed 1977-78 Budget. Mr. Jim Tallman, 730 ~exington Place, addressed the Council, repre- senting the Homeowners I Association of his property, urging approval of funds to expedite the proposed Uvas Park Drive Project. Parks and Recreati on Commi ss i oner Cooper addressed the Counci 1 concurring with Parks and Recreation Director Ayer's presentation regarding completion of Las Animas Park and Eastside Park. The Mayor asked if there was anyone else in the audience wishing to speak on the Budget. 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 on the 1977-78 Budget be closed. Council decided that they would continue discussion on the 1977-78 3952 Pub.Hear. re: Bertolone Rezoning ~i~ Budget at an adjourned regular meeting on June 24, 1977, at 8:00 p.m. The Mayor stated that it was the time and place scheduled for a Public Hearing on a rezoning request of Mike Bertolone for property located on the south side of Tenth Street, approximately 2001 east of Church Street, adjacent to the south of the 7-11 Store, from C2 (General Commercial) District to R3 (Low-Density Multiple-Family Residence) District, containing 0.27 acres. Planning Director Bedaux presented and explained Staff's Report on said rezoning proposal. - The Mayor asked if there was anyone in the audience wishing to speak for or against the rezoning proposal. Mr. Ben Morton, 1647 El Dorado Drive, addressed the Council re- questing that a stipulation for fencing and maintenance of same be a requirement of said rezoning. .... ..iil The City Attorney noted that same could not be a stipulation of the rezoni ng matter. Mr. Mike Bertolone, addressed the Council and further explained his request for rezoning said property. Motion was made by Councilman Link seconded by Councilman Childers and carried that the Public Hearing be closed. . Discussion was had on the matter by Council. Motion was made by Councilman Pate seconded by Councilman Childers and carried that a proposed ordinance be introduced rezoning said property and that same be published by title and summary. Pub. Hear. re: The Mayor stated that it was the time and place scheduled for D. Chriso- a Public Hearing for a rezoning request of Donald Christopher for pher rezoning property located on the west side of Mesa Road at its intersection with Miller Avenue, from IZ (Interim Zone) to R1 (Single Family Resi- dence) District, containing 18.34 acres. Planning Director Bedaux presented and explained Staff's report noting that the Planning Commission had recommended that only five (5) acres be rezoned at this time which is proposed for one (1) Single Family Residence, since same is not presently in the Urban Service Area of the Ci ty. Pub. Hear. re: K. Bell prezoning .... -- The ~ayor asked if there was anyone in the audience wishing to speak for or against the proposed rezoning. Mr. Donald Christopher addressed the Council and further explained his rezoning request. Motion was made by Councilman Pate seconded by Councilman Link . and carried that the Public Hearing be closed. Motion was made by Councilman Link seconded by Councilman Childers and carried that a proposed ordinance be introduced rezoning five (5) acres to R1 as recommended by the Planning Commission and that same be published by title and summary. .... The Mayor stated that it was the time and place scheduled for a Public Hearing on a prezoning request of Kenneth Bell for property located north of Hecker Pass Highway and west of Morey Avenue from Al-2.5 (County Agricultural) Zone to Rl (Single Family Residence) Dis- trict containing 24.6 acres. ... Planning Director Bedaux presented and explained Staff's report on same. The Mayor asked if there was anyone present in the audience wishing to speak for or against the prezoning request. - ... 3953 W. J. Hanna, Civil Engineer, addressed the Council noting his presence in the event Council had any questions on the prezoning matter. Motion was made by Councilman Childers seconded by Councilman Link and carried that the Public Hearing be closed. Motion was made by Councilman Childers seconded by Councilman Link and carried that a proposed ordinance prezoning said property be intro- duced and that it be published by title and summary. The Mayor tabled a presentation of a flag from the Gilroy Senior Bowling League to the City to await the donor's presence. Gilroy Nutrition A request of Santa Clara County for a 1977-78 allocation in the Program amount of $585 for the Gil roy Nutri ti on Program was noted. Motion was made by Councilman Stout seconded by Councilman Hughan and carried that said allocation requested be approved. Ind. Dev. Program Zero Lot Line Dev. Water Con- servation School Impact Ord. - M. H. School Site-Sewer Connection .....<.,.,'1iIf Plan. Com. Meet. 6/16/77 The Gilroy Chamber of Commerce Industrial Development Program Report for May 1977 was noted. A letter from Mr. John M. Filice, Jr., attorney at law, was noted in regard to Zero Lot Line Developments. Motion was made by Councilman Stout seconded by Councilman Link and carried that said matter be referred to the Planning Commission for recommendation. A letter from the Gilroy Grange was noted protesting the City's residential water conservation program. The Mayor ordered same to be placed on file for future reference. A request of the Gilroy Unified School District was noted accom- panied by a County of Santa Clara draft of a School Impact Ordinance. City Administrator Wood recommended that same be referred to the City Attorney for proposed changes. The Mayor referred same to the City Attorney for changes in same to be brought back to Council for approval. A letter from the City of Morgan Hill was noted in regard to a recommendation to allow a sewer connection for Morgan HIll Unified School Site. Mrs. Virginia Wilson, representing property owners which are adjacent to or in the vicinity of the proposed school site addressed the Council and opposed said location and sewer connection to the school. It was noted that the City of Gilroy could not be concerned with the location of a school site outside of the City of Gilroy. Motion was made by Councilman Pate seconded by Councilman Link and carried that a sewer connection for the Morgan Hill Unified School District's proposed school be approved at whatever site is selected. Councilman Cunningham and Mayor Goodrich voted "No" on the motion. The following informational items were noted with no separate discussion on same: Letter of appreciation from Wells Fargo Bank; Letter of appreciation from Gilroy Chamber of Commerce; Letter of appreciation from Gilroy Foods, Inc.; Gilroy Unified School District's letter of appreciation on Youth in Government Day; Pacific Legal Foundation in re: to San Felipe Case; and Santa Clara Valley Water District's report on water conditions. The Report of the Planning Commission Meeting of June 16, 1977, was noted. 3954 Transiti on Zone Boundaries Planning Director Bedaux presented and explained a report and recommendation on Transition Zone Boundary Lines. Mr. W. J. Hanna, Civil Engineer, representing Mr. Fenton O'Connell addressed the Council requesting that 400' contour line proposed at the southwest portion of the proposed boundary lines be changed to follow the Williamson Act boundary. Council agreed with same up to Mesa Road not including Gavilan College area. Mr. Gary Gilmore, Mayor of the City of Santa Clara, represent- int property owners of approximately 1700 acres in the vicinity of the Lucky Hereford Ranch to Day Road, addressed the Council requesting that said property be included in the City's proposed Transition Zone. He noted that if the City Limits at some future date that the property owners may form their own city with the San Martin area; however, would rather at some future date become a part of the City of Gilroy. Mr. Ed Keaveny addressed the Council requesting that the properties adjacent to the proposed Area No. 2 as shown on the proposed Transition Zone Boundary Map be included in the City's proposed transi- tion zone up to the Llagas Creek. - ..,. .,"~iM Mr. John D'Arcy, 7331 Ticonderoga Way, noted that he owns eleven (11) acres on Hecker Pass Highway just outside the City's proposed Transition Zone and inquired if he will be able to build upon said lands in the County or if he would have to purchase additional lands if the County zOQes sallie in twenty (20) acre parcels. Mr. John D'Arcy was informed that this was a eounty of Santa Clara matter. Motion was made by Councilman Pate seconded by Councilman Link and carried that the preliminary tentative concept of the transition zone boundary lines be approved as presented and recommended with the change as proposed by W. J. Hanna to change the westerly 400' contour lines to that of the Williamson Act Boundary line up to Mesa Road qnd that the City requests the Board of Supervisors that communications be opened up between the Board of Supervisors of the County of Santa Clara and the City of Gilroy on said preliminary map. .... - Recess At 11:08 p.m., the Mayor declared a recess and reconvened the meeting at 11:15 p.m. Murray Ave. A Report on proposed "Murray Avenue Annexati on 77-3 to the 77-3 City of Gilroy" was noted recommending that said annexation application be withdrawn from the Local Agency Formation Commission. Councilman Stout noted that due to a conflict of interest he would not enter into the discussion of same nor vote on the matter. Murray Ave. 77-6 Assessed Valuations Truck Routes Council requested a land use map of the area be prepared and presented prior to any action on same. A Report on proposed "Murray Avenue Annexati on 77-6 to the City of Gilroy" was noted recommending that said annexation application be withdrawn from the Local Agency Formation Commission as same is not in the City's Urban Service Area. Council concurred that said annexation proposal be withdrawn and that the City request a refund of the EIR $50.00 County of Santa Clara fee. A Report on assessed valuations and tax rates was noted. - A Report from the Police Chief in regard to Brem's Gravel Truck Routes was noted and discussed. .... Mr. James Tallman, 730 Lexington Place, addressed the Council requesting that Sixth Street be desiqnated as a truck route instead of allowing Brem's Gravel to use Eighth Street as the shortest route to their destination. Counci 1 agreed and the Mayor ordered Staff to remove the "No Truck Route" signs on Eighth Street as same is not a truck route but can be used if necessary by Brem's Gravel operation if same is the shortest route to their destination. Uncollectable Accounts Budget Transfers ...., So. Pacific Transp. Lease Wastewater Treatment Pl ant Grant Traffic Speed Zones Survey Bicycles & Skateboards - Res. #77-45 Solid Waste Management 3955 A Report and recommendation to write-off uncollectable water and sewer accounts was presented and discussed. Motion was made by Council- man Pate seconded by Councilman Link and carried that Staff be authorized to write-off uncollectable water and sewer accounts in the amount of $1,230.61 and that said accounts be pursued for collection; and that Staff be compli- mented on the percentage of uncollectable accounts. A Report on necessary transfers to balance the 1976-77 budget was presented. Motion was made by Councilman Pate seconded by Council- man Link and carried that the necessary transfers in the 1976-77 Budget be allowed and that Staff be complimented on the reduced amount of transfers, etc. Director of Public Works-City Engineer Hansen presented a recom- mendation to approve a lease with the Southern Pacific Transportation Company for use of a portion of their property on Lewis Street for a City Parking Lot. Motion was made by Coucnilman Pate seconded by Councilman Link and carried that said lease be approved and that Staff be authorized to execute same on behalf of the City. Director of Public Works-City Engineer Hansen presented and explained a report on the status of the Wastewater Treatment Plant Grant. Director of Public Works-City Engineer Hansen presented and explained a report and recommendation to approve the Traffic Speed Zones Survey. Council tabled same to further study said survey, noting that Council did not receive their agenda packets until late Sunday and were unable to study the survey in its entirety. The City Attorney presented and explained a recommendation to introduce an ordinance regarding bicycles and skateboards. Discussion was had by Council on said matter. Council instr~cted the City Attorney to prepare an ordinance for introduction of same regarding bicycles and skateboards. Resolution No. 77-45 Designating the Enforcement Agencies for Solid Waste Management was presented. Motion was made by Councilman Pate seconded by Councilman Link that the reading of Resolution No. 77-45 be waived and that it be adopted. RESOLUTION NO. 77-45 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DESIGNATING THE ENFORCEMENT AGENCIES FOR SOLID WASTE MANAGEMENT. PASSED AND ADOPTED this 20th 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 City BBQ Assistant City Administrator Reinsch noted that the City Barbecue has been changed from August 27, 1977, to July 16, 1977. Council had no objection to same. Adjournment At 11:59 p.m., motion was made by Councilman Link seconded by Councilman Childers and carried to adjourn to Friday, June 24, 1977, at 8:00 p.m. Councilman Cunningham voted "noli on the motion. ...'~...