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Minutes 1977/08/01 1 3966 Roll Call Res. #77-51 Consent Calendar Minutes August 1, 1977 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Protempore John E. Pate at 8:02 p.m. Present: Council Members: William E. Childers, Brian D. Cunningham, Roberta H. Hughan, Marion T. Link, David V. Stout and John E. Pate. Absent: Council Member: Norman B. Goodrich. Mayor Protempore Pate noted that Mayor Goodrich was on vacation. Motion was made by Councilman Stout seconded by Councilman Childers that the reading of Resolution No. 77-51 be waived and that it be adopted. RESOLUTION NO. 77-51 RESOLUTION OF THE GILROY CITY COUNCIL HONORING JACK ROCCA UPON HIS RETIREMENT FROM PUBLIC SERVICE. PASSED AND ADOPTED this 1st day of August, 1977, by the following vote: AYES: COUNCIL MEMBERS: Cunningham, Hughan, Link, Stout NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBER: Childers, and Pate None Goodri ch Councilman Cunningham requested that Item IIBII regarding a proposed School Impact Ordinance be removed from the Consent Calendar for discussion. Motion was made by Councilman Link seconded by Councilman Childers that the following it~ on the Consent Calendar be approved by the following Roll Call Vote: AYes: Council Members: Ch~lders, Cunningham, Hughan, Link, Stout and Pate; Absent: Council Member: Goodrich. Approved the Minutes of the Regular Council Meeting of July 18, 1977. Discussion was had on the proposed ordinance relating to issuance of building permits in attendance areas of impacted schools. Mr. James O'Brien, representing the Associated Builders of California, addressed the Council noting that said proposed ordinance is discriminatory. Mr. Ed Lazzarini, developer, addressed the Council in regard to said proposed ordinance. Ord. #77-25 School Im- paction - i - Pub. Hear. re: Arcadia Dev. Prezoning .....,.,... 3967 Motion was made by Councilman Cunningham seconded by Council- woman Hughan that the reading of the proposed ordinance be waived and that it be adopted. ORDINANCE NO. 77-25 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GILROY RELATING TO ISSUANCE OF BUILDING PERMITS IN ATTENDANCE AREAS OF IMPACTED SCHOOLS. PASSED AND ADOPTED this 1st day of August~ 1977, by the following vote: AYES: COUNCIL MEMBERS: Childers, Cunningham, Hughan, Stout and Pate. NOES: COUNCIL MEMBER: Link ABSENT: COUNCIL MEMBER: Goodrich Council unchanged a previous policy that applicants for building permits would continue to receive written approval from the School District prior to the City issuing a permit. Mayor Protempore Pate noted that it was the time and place scheduled for presentation of the report on the E.I.R. Certification for Arcadia Development Company prezoning request. Planning Director Bedaux presented and explained a report on said E.I.R. Certification. Mayor Protempore Pate noted that Councilman Stout would be absent during the discussion and would not 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 E.I.R. for Arcadia Development Company property be acdepted as being certified. Mayor Protempore Pate noted that it was the time and place scheduled for the Public Hearing on the prezoning request of Arcadia Development Company for 68 acres located on the north side of Thomas Road and adjacent to Monterey Highway, from Al-2.5 (County Agricultural) Zone to R1 (Single Family Residence) District. Planning Director Bedaux presented and explained Staff's report on the proposed prezoning request. Director of Public Works-City Engineer Hansen further explained the storm drainage requirement for said proposed development. Joe Triguiero, representing Ruth, Going & Curtis, further explained the prezoning request and reported that the build-out sche- dule of 45 units was not sufficient and requested 45 units on new property and after completion of the new sewer treatment plant facility, allow 90 units per year and further, that the year begin either on a calendar or fiscal year. Mayor Protempore Pate asked if there was anyone else in the audience wishing to speak for or against the prezoning proposal. 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. Discussion was had by Council on the proposed prezoning request. Motion was made by Councilman Link seconded by Councilman Childers to accept the prezoning request and certify that there is no long-term adverse affect (no environmental impact) on the property and that an ordinance be introduced prezoning said property. Motion did not carry. Counci 1 r~embers Cunningham and Hughan voted IINo" on the motion. Council Members Stout and Goodrich were absent. At the approval of Council Members Link and Childers, Mayor Protempore Pate re-opened the Public Hearing on the prezoning request. Motion was made by Councilman Cunningham seconded by Council- woman Hughan and carried that the Public Hearing be continued to the August 15, 1977, regular Council Meeting. 3968 Inter-Ci ty Council (Self In- surance) Res. #77-52 So. Co. Health Clinic Council requested that the Council Sewer Advisory Committee further study the sewer capacity projections and present their recommendation on same at the Public Hearing of August 15, 1977. The Sewer Advisory Committee set a study meeting for August 4, 1977 at 3:00 p.m. to study same. Motion was made by Councilman Link seconded by Councilwoman Hughan and carried that the Subdivision Map be available at the continued public hearing. Mayor Protempore Pate asked if there was anyone in the audience wishing to speak on any matter not on the agenda. Former Councilman George T. Duffin addressed the Council noting that the Golf Course turf need maintenance, specifically,') rodent control and maintenance of the turf and suggested that the Director of Parks and Recreation be in charge of same. - ilIoc....,;,._~ Mayor Protempore Pate instructed the Council Advisory Golf Course Committee (Chairman Childers, Hughan and Stout) attend the Board of Director's Golf Course Meeting August 2, 1977, and advise them of the condition of the Golf Course and report back to Council on the matter. Mr. Duffin further commented that the cart paths are re- quired to be maintained by the Operator from the fees collected for use of the golf carts and that the only cart path maintenance has been done by CETA workers of the City. The Report of the Parks and Recreation Director on the condition of said Golf Course under information communications (VII.B.1.) of the Agenda was noted. Council requested that the Golf Course Advisory Committee of the Council present same at the Board of Directors' meeting August 2, 1977. City Administrator Wood presented a report from the Inter- City Council in regard to Self Insurance Study. Motion was made by Councilwoman Hughan seconded by Council- man Childers that the reading of Resolution No. 77-52 be waived and that it be adopted relating to participation in the Joint Liability Insurance Study. .... - RESOLUTION NO. 77-52 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY RELATING TO PARTICIPATION IN JOINT LIABILITY INSURANCE STUDY. PASSED AND ADOPTED this 1st day of August, 1977, by the following vote: AYES: COUNCIL MEMBERS: Cunningham, Hughan, Link, Stout NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBER : Childers, and Pate None Goodrich City Administrator wcod presented a request of Supervisor Sanchez for a sewer hook-up for the planned South County Health Clinic. Mr. T. Dooley, County Architectural Department, addressed the Council noting proposed projected employee figures for said ... clinic. .... Motion was made by Councilman Link seconded by Councilwoman Hughan and carried that the request for a sewer hook-up for the planned South County Health Clinic be approved noting that same is being granted for a public building and for this building only and that fees for same would be based upon the same type of fees as would be required of a hospital with the exception that same is not located within the City Limits. Carni va 1- National Guard Water Reclama- tion Proj. .....,.._-.."l ~..,... Kent Enter- pri ses Store Front Rehabi 1 i ta- tion-HCD Funds Water Condi- t i on s ABAG Corri dor Study Recess P & R Com. Meeting 7/26/77 Monthly Reports June '77 .39~f A request from the local National Guard Unit for a permit for a "Unitll Carnival and Helicopter landing was noted. Motion was made by Councilman Cunningham seconded by Councilman Childers and carried that said request for a carnival and helicopter landing be approved. A request of the South Santa Clara Valley Water Conservation District for a Bilateral Agreement with the City on the Water Re-Use Project was presented. Mr. Courtland Rush addressed the Council and requested that said matter be tabled in order that he could review same with his Board. ' Council agreed and Mayor Protempore Pate tabled said matter. Mr. William K. Henry, Civil Engineer, addressed the Council and explained a request of Kent Enterprises for City's support of a planned county residential development and future City development. Motion was made by Councilman Cunningham seconded by Councilman Stout and carried that said request be denied without prejudice and referred same to the Planning Commission regarding inclusion of said property in the City's 5 Year Urban Service Area. Councilman Link voted IINolI on the motion. A request of the Downtown Renewal Committee was presented for $2,000.00 of Community Grant Funds for Store Front Rehabilitation Plan- ning. Council tabled action on same to await presentation of the entire project. A report of the Santa Clara Valley Water District was presented on current water conditions. A report on an ABAG Corridor Study Meeting at Gilroy on July 28, 1977, was discussed and noted. Mayor Protempore Pate declared a recess at 10:36 p.m. and reconvened the meeting at 10:46 p.m. Council continued the discussion on the ABAG Corridor Study. Discussion was had on up-dating the City's General Plan. Planning Director Bedaux addressed the Council and noted that presently a land use study is being conducted by the Planning Department and that pre- liminary estimates would hopefully be available in approximately one month. Council requested Staff study said report and determine how said figures presented will fit in with the City's projections. The following informational items were noted with no separate discussion on same. Parks and Recreation Director's Report on the condition nf the Golf Course; and Report on the First Intergovernmental Council Meeting. The Minutes of the Parks and Recreation Commission Meeting of July 26, 1977, were noted. Discussion was had on the matter of the Parks and Recreation Department's move of their offices to the second story of the Gilroy Community Center. The Summary of the monthly reports of June, 1977, were noted and discussed. Councilman stout inquired of the per capita figures of the Fire Department as not being correct. -()-bfffi .597C) Police Offi- cers Off- Duty Hour Rate Justice Ct. Bldg. Salary Increase Kern Ave. Proposed Dev. iTIttffi A letter from the Operating Engineers Local No. 3 was noted in regard to Police Officer's Hourly Pay for Off-Duty Services for Private Groups. City Administrator Wood reported that legal representatives for the City and for the Police Department's agent have indicated that action on the matter would not be opening negotiations of the Memorandum of Understanding. Motion was made by Councilman Link seconded by Councilman Stout and carried that the hourly pay for Police Officers for off-duty services for private groups be approved at $10.00 per hour as requested. ... City Administrator Wood presented and explained a County proposal to sell the local justice court building and appurtenant improvements to the City. -, Council took no action on same for the reason that same is premature. City Administrator Wood reported that the Bay Area Consumers' Price Index, March to March, was reported to the City as being a 6.46% cost of living increase and following the July payroll distri- bution which included this increase, the City was informed that the correct cost of living increase was 6.34%. Council a9reed that this overpayment be deducted from the August payroll pending receipt of said cost of living increase percentage in writing. Mayor Protempore Pate deviated from the regular agenda in order to accommodate interested persons in the audience. Planning Director Bedaux presented and explained Staff's Report and recommendation on a proposed development east of Kern Avenue at the end of Ramona Way for c single family residences. Director of Public Works-City Engineer Hansen addressed ... the Council noting that said proposal would not create additional flooding problems in the area. He further inquired of City's ~ building moratorium in the area noting that there was no written policy of the Council in regard to same. It was noted that the question before the Council at this time is approval of the proposed subdivision and Council policy in regard to future development in the vicinity of Kern Avenue. Mrs. Arnberg, property owner in the area, addressed the Council and noted that she would protest the proposed subdivision if additional drainage improvements are not required, over and above what has been presented for drainage requirements of the pro- posed project. Mr. Trevis Berry, representing Mrs. Gibson, property owner in the area, opposed stopping development in the area. Mr. Lloyd Martin, developer of the proposed subdivision, addressed the Council noting that said project will not create a flooding problem and explained measures that will be taken and re- quired to eliminate flooding proposed to be created by said project. Motion was made by Councilman Stout seconded by Councilman Childers and carried that the proposed subdivision of Mr. Lloyd Martin be approved as recommended by the Director of Public Works. - ~ Council tabled action on Council policy for future develop- ment of the subject area. The City Attorney noted that the building moratorium in the area was for the area west of Kern Avenue. Council requested that the Director of Public Works present a recommendation on this matter. Director of Public Works-City Engineer Hansen noted that he would recommend a moratorium on annexation of property in the area at this time. Mira Loma Unit #3 Tr. 6073 Mira Loma Unit #4 Tr. 6013 _..,,.,,, Rancho El Dorado Estates Tr. #5507 Subdi vi s i on Fees ~",;.",*, 3971 Director of Public Works-City Engineer Hansen recommended approval of the final map for Mira Loma Valley, Unit No.3, Tract 6073, and execution of the Development Agreement. Motion was made by Council- man Childers seconded by Councilman Link that the final map and develop- ment agreement presented for Mira Loma Vall~y, Unit No.3, Tract 6073, be approved as recommended. Director of Public Works-City Engineer Hansen recommended approval of the final map for Mira Loma Valley, Unit No.4, Tract 6013 and execution of the Development Agreement. Motion was made by Council- man Childers seconded by Councilman Link that the final map and develop- ment agreement presented for Mira Loma Valley, Unit No.4, Tract 6013 be approved as recommended. Hotion failed by the following Roll Call Vote: AYes: Council Members: Childers, Link and Pate; Noes: Council Members: Cunningham, Hughan and Stout; Absent: Council Member: Goodrich. Director of Public Works-City Engineer Hansen recommended that the Storm Drain System for Rancho El Dorado Estates, Tract #5507 not be accepted at this time. Councilman Cunningham did not enter into the discussion nor vote on the matter due to a conflict of interest. Motion was made by Councilman Link seconded by Councilman Stout and carried that the Storm Drain System for Rancho El Dorado Estates, Tract #5507 not be accepted at this time as recommended by the Director of Public Works-City Engineer. Director of Public Works-City Engineer Hansen recommended an amendment to Resolution No. 76-41 regulating the subdivision or develop- ment of property. Discussion was had on the matter. Motion was made by Councilman Link seconded by Councilman Stout and carried that said matter be tabled for future study. Council Member Pate voted "NolI on the motion. Council was requested to retain the Director of Public Works- City Engineer's report on recommendation to amend Resolution No. 76-41 for future study and action on same. D nt n Alle Director of Public Works-City Engineer Hansen recommended ow ow y acceptance of the Downtown Alley Improvement Project, Phase~ Motion Imp.-Phase II was made by Councilman Stout seconded by Councilman Link and carried that the Downtown Alley Improvement Project, Phase.IJ:, be accepted as recommended by the Director of Public Works-City Engineer. 3 Yr. Program Budget-HCD Grant The Three-Year Program Budget for Housing and Community Develop- ment was presented. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that a Public Hearing date of August 15, 1977, be set for said Three-Year Program Budget for HCD. Council had no objection for Staff including $2,000 within said budget for Store Front Rehabilitation Planning requested by the Downtown Renewal Committee for consideration of same at said hearing. Ord. #77-26 re: An ordinance previously introduced and published by title and Council summary providing for salaries for Council Members was presented for Salaries adoption. Motion was made by Councilman Stout seconded by Councilman Cunningham that the reading of Ordinance No. 77-26 be waived and that it be adopted. ORDINANCE NO. 77-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY REPEALING ORDINANCE NO. 978 AND PROVIDING FOR SALARIES FOR MEMBERS OF THE CITY COUNCIL. PASSED AND ADOPTED this 1st day of August, 1977, by the following vote: AYES: COUNCIL MEMBERS: Childers, Cunningham, Hughan, Stout and Pate NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: Goodrich 1 3972 Old City Hall Lease Weather pre- dictions ~~ater Conser- vation Inter-C ity Counci 1 Adjournment City Administrator Wood presented a proposed lease with Moun- tain Charley's for the Old City Hall building with changes requested by Council. He noted that the City Attorney had not reviewed same with the changes. Motion was made by Councilman Link seconded by Councilman Stout and carreid that action on said lease be continued to the next regular Council Meeting of August 15, 1977, in order to allow the City Attorney to review same. Motion was made by Councilman Cunningham seconded by Council- man Childers and carried that the hot weather stop by August 15, 1977, and that the rains begin September 15, 1977. Council Members Link and Stout voted IINo" on the motion noting that same was an act beyond their control. r,1otion was made by Councilman Stout seconded by Councilman Link that a proposed resolution be adopted prohibiting outside watering between the hours of 8:00 a.m. and 6:00 p.m. Said resolu- tion was not adopted by the following Roll Call Vote: Ayes: Coun- cil Members Link and Stout; Noes: Council Members Childers, Cunning- ham, Hughan and Pate. Absent: Council Member: Goodrich. It was noted that no reservations would be required for the Inter-City Council Meeting OT August 4, 1977, at Rickey'~ Hy~tt House in Palo Alto. At 12:41 a.m., Tuesday, August 2, 1977, Mayor Protempore Pate adjourned the meeting. Respectfully submitted, ..."r'/ City Clerk