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Minutes 1977/10/03 Roll Call 3991 Gilroy, California October 3, 1977 The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:01 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. 3992 Consent Calendar Motion was made by Councilman Cunningham seconded by Councilman Pate that the following items under the Consent Callendar be approved by the following Roll Call Vote: Ayes: Council Members: Cunninqham, Childers, Hughan, Link, Pate, Stout and Goodrich. Minutes Approved the Minutes of the Regular Council Meeting of September . 19, 1977; and Claim Subia Denied a Claim of Mr. B. Subia Sr., et al. Pub.Hear.re: The Mayor stated that it was the time and place scheduled for a Filbros continued Public Hearing on a rezoning request of Filbros Development ( Dev.Co. Company on 20.49 acres located north of Thomas Road, south of Tenth Street, f rezoning and the terminus of Princevalle Street from I-Z (Interim Zone) to gl, R2 and R3 (Single Family), (Two-Family), and (Low-Density Multiple-Family) Districts. w>";''' , -- Planning Director Bedaux presented and explained Staff's Report on said rezoning request. The Mayor asked if there was anyone in the audience wishing to speak for or against the rezoning request. Mr. William K. Henry, Civil Engineer addressed the Council, noting that the owners had requested at least a three (3) year phase-out schedule for the existing garlic operation. Mr. Ernie Filice, owner addressed the Council, further explaining the reasoning for a three (3) year phase-out schedule and noted that they would prefer the three (3) year phase-out schedule but would be agreeable to the recommended two (2) year phase-out schedule. Discussion was had by Council. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that the Public Hearing be closed. ~ Motion was made by Councilman Stout seconded by Councilman Link and carried that the EIR Report be accepted as presented. IIiIIIIIiI Motion was made by Councilman Stout seconded by Councilman Pate and carried that the proposed ordinance rezoning the Filbros Development Company property be introduced, the reading waived and that it be publish- ed by title and summary; same to be in accord with the conditions and recom- mendations of the Planning Co~ission and Planning Director. Motion was made by Councilman Pate seconded by Councilman Stout and carried that the subdivision map for Filbros Development Company as presented be approved with conditions recommended by the Planning Com- mission. Pub. Hear. T.Mangano rezoning The Mayor stated that it was the time and place scheduled for the Public Hearing on a rezoning request of Thomas B. Mangano on approximate11 2.34 acres located on the south side of Leavesley Road, west of Swanston Lane, east of Forest Street and extending south approximately 340 feet from M2 (General Industrial) to C2 (General Commercial) and R3 (Low-Density Multiple-Family) Districts. ' Councilman Stout declared himself absent from discussion and action on~id request due to a conflict of interest. - Planning Director Bedaux presented and explained Staff's report on said rezoning request. .... The Mayor asked if there was anyone in the audience wishing to speak for or against the rezoning proposal. There was no comment from any- one in the audience. Motion was made by Councilman Pate seconded by Councilman Link and carried that the Public Hearing be closed. Discussion was had by Council on the matter. Motion was made by Councilwoman Hughan seconded by Councilman Cun- 3993 ningham and carried that the proposed ordinance rezoning said prooerty be intro- duced, the reading waived and that it be published by title and summary. Pub.Hear.re: The Mayor stated that it was the time and place scheduled for a Pub- Bertolone lic Hearing on a rezoning request of Mike Bertolone on approximately 22,135 rezoning sq. ft. of land located on the south side of Tenth Street adjacent and to the west of the 7-11 Market on Tenth Street from R3 (Low- Density Multiple-Family) District to C2 (General Commercial) District. ~... Planning Director Bedaux presented and explained the Staff's report on said rezoning request. I ....... " The Mayor asked if there was anyone in the audience wishing to speak for or against the proposed rezoning. There was no comment from anyone in the audience. Motion was made by Councilman Childers seconded by Councilman Link and carried that the Public Hearing be closed. Discussion was had by Council on the matter. Motion was made by Councilman Pate seconded by Councilman Stout and carried that the proposed ordinance rezoning said property be introduced, that the reading be waived and that it be published by title and summary. School Impact The Mayor asked for presentations by members of the public or by applica- consultants. tion W...~...'''ll Mr. Vance Baldwin, Associate Superintendent of the Gilroy Unified School District addressed the Council regarding the District's application for declaration of impact under Ordinance No. 77-25. Discussion was had and the City Attorney recommended that said matter be set for a public hearing. ...... Motion was made by Councilman Pate seconded by Councilman Stout and carried that a Public Hearing to determine said impact be set for October 17, 1977 at the next regular Council Meeting. The Mayor asked if there was anyone further in the audience wishing to speak on any matter not on the agenda. Mr. Tom Taricco, representing the Continental Telephone Company addressed the Council and noted that the Companyts conversion of their present system to a new system is anticipated to be completed by November 5, 1977; that upon completion of same telephone customers will no longer be required to dial 112 for out-going calls and that during the interim the Telephone Company's service will be affected. The Mayor asked if there was anyone further in the audience wishing to speak on any matter not on the agenda. Mrs. Elaine Balky, representing the Senior Citizens of Gilroy ad- dressed the Council and inquired about the Armand White house for use by Senior Citizens. The Mayor noted that it would not be feasible to remodel same for said use due to code restrictions, etc. ~". ... Police Officer A memo from the Police Chief was noted outlining the educational Guisiana efforts of Police Officer G. Guisiana. The Mayor requested that a letter be written from the Council extending their commendation for Officer Guisiana's outstanding efforts. Surface Run- A letter from the County of Santa Clara Planning Department was off Mange. noted in regard to IISurface Runoff Management Plan". Council deferred action Plan on same at this time. The following informational items were noted with no separate dis- cussion on same: 3994 Letter from Mr. Tom Carr commending the Directors of Planning and Public Works; County; City of Santa Clara in re: to Sales Tax Distribution within the Supervisor Diridon re: to the Paramedic Pro~ram; and Letter from Mrs. D. DeBell commending Mr. John Garcia, Parks and Recreation Department. Lib.& Cult. The Minutes of the Library and Culture Commission Meeting of Com.9-6-77 September 6, 1977 were noted. - IIllIIlIlI Personnel Com. 9-28-77 The Report of the Personnel Commission Meeting of September 28, 1977 was noted and discussed. Motion was made by Councilman Link seconded by Councilman Stout and carried to table action on a proposed ordinance to obtain IIrap-sheet" information on new personnel in order to clarify Section 17.54 regarding misdemeanor convictions disqualifying an applicant. Computer Operator classifi- cation Motion was made by Councilman Pate seconded by Councilman Link and carried that the new classification for Computer Operator at Range 26.5 be approved as recommended. Personnel Clerk classifi- cation Motion was made by Councilman Stout seconded by Councilman Link and carried that a salary range of 24.5 be approved for Personnel Clerk as recommended. Monthly Reports cussed. Aug. The Summary of Monthly Reports of August 1977 was noted and dis- .... Sewer Adv. Council set October 5, 1977 at 4:00 p.m. for a Council Sewer Ad- Com. visory Committee meeting. Meet. ......... Councilman Stout requested a change in the monthly report format to indicate the amount of waterused on City facilities. Disburse- The Report of Disbursements from September 1, 1977 through Septem- ments ber 30, 1977 was noted and discussed. HCD Citizen City Administrator Wood presented and explained a report on HCD Partici- Citizen Participation Plan. pation Motion was made by Councilman Stout seconded by Councilman Childers and carried that the supplementary activities described in the HCD Grant Coordinator's report be approved as submitted and recommended. Pacifi c Founda- tion-San Felipe Proj. Legal A Report regarding the Pacific Legal Foundation's Costs under EDV v. Stamm; San Felipe Pi"oject Case was presented. Motion was made by Council- man Stout seconded by Councilman Childers and carried that the Pacific Legal Foundation's costs under EDV v. Stamm; San Felipe Project Case in the amount of $355.15 be approved. .lIII - City prop. Anagnos- purchase ton seconded offer to that the City Administrator Wood presented an offer from T. Anagnoston to City owned lands for $500.00. Motion was made by Councilman Link by Councilman Pate and carried that the City accept T. Anagnoston's purchase City owned lands as submitted in the amount of $500.00 and Mayor be authorized to execute an agreement with T. Anagnoston. Noise Meter A Report by the Police Chief in regard to the need for a Noise Meter estimated at $300. - $450. was presented. Motion was made by Council- man Stout seconded by Councilwoman Hughan and carried that the City be 3995 authorized to purchase a noise meter estimated at $300.-$450. and that the 1977-78 Budget be amended to allow for said expenditure. New City Hall City Administrator Wood presented a Report on proposals for reloca- ti on servi ces for the new City Ha 11 site and recommended hiri ng the fi rm of Castellanos & Associates in the amount of $9,250. for said services. ......,...,. Discussion was had on the matter. Motion was made by Councilwoman Hughan seconded by Councilman Pate and carried by the following Roll Call Vote that the proposal of Castellanos & Associates in the amount of $9,250.00 be accepted as recommended, to begin redevelopment procedures, for acquisition of the new City Hall site. Ayes: Council Members: Cunningham, Hughan, Pate and Goodrich; Noes: Council Members: Childers, Link and Stout. Solid Waste City Adminiistrator Wood reported on forms to designate an enforce- Manage- ment agency for Solid Waste Management. Motion was made by Councilman Pate ment seconded by Councilman Link that the reading of Resolution No. 77-65 be waived and that it be adopted naming the City as the Permit Enforcement Agency and the County Health Department as the Health Enforcement Agency and that Staff be authorized to complete the required forms for Solid Waste Management as recommended. Res. #77 -65 RESOLUTION NO. 77-65 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DESIGNATING THE ENFORCE- MENT AGENCIES FOR SOLID WASTE MANAGEMENT. PASSED AND ADOPTED this 3rd day of October, 1977, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None -' I Eastside Park City Administrator Wood presented and explained a report for a Force Account Re-grading Eastside Park. Motion was made by Councilman Stout seconded by Councilman Pate and carried that the City be authorized to hire the Equip- ment Operator and his equipment to reshape the affected areas at Eastside Park in the amount of $3,000.00 as recommended. EDA Projects City Administrator Wood explained a Report requesting approval of the plans for the following EDA Projects: 1) Sanitary Sewer Main Repair project; 2) Storm Drain Improvement Project; 3) Welburn Avenue Improvements; and 4) Eastside Park Improvements (Project IA). Motion was made by Councilman Link seconded by Councilman Childers and carried that the Plans for the EDA Projects presented be approved and that bids be advertised for same as recommended. Surface off Manage. Plan Run- City Administrator Wood presented a report on a recommendation to support draft surface runoff management plan recommended by the County of Santa Clara Public Works I Directors. Motion was made by Councilman Link seconded by Councilwoman Hughan and carried that the City concurs with supporting draft surface runoff manage- ment plan as recommended by the County of Santa Clara Public Works I Directors and accepts same. Abandonment Resolution No. 77-66 on intention to abandon a portion of Buttercup portion Lane was presented. Motion was made by Councilman Stout seconded by Council- Buttercup man Link that the reading of Resolution No. 77-66 be waived and that it be Lane adopted setting October 17, 1977 as a Public Hearing on intention to abandon a portion of Buttercup Lane as recommended by the Director of Public Works- City Engi neer. \ *To be readopted, not in accord RESOLUTION NO. 77-66* with St. Vacation Act of 1941. 11-7-7/ The Plum Tree Plans and Agreements for liThe Plum Tree" and for liThe Orchards" were & The presented for approval. Motion was made by Councilman Link seconded by Coun- Orchards cilman Stout and carried that the Plans and Agreements for liThe Plum Treell and for liThe Orchardsll be approved as presented. .' \ l 3996 Murray Manor Tr.5839 A report of the Director of Public Works-City Engineer recommend- ing acceptance ~f the improvements in Murray Manor, Tract #5839 was presented. Councilman Stout declared himself absent in the discussion and action on said matter due to a conflict of interest. Motion was made bv Councilman Pate seconrled by Councilman Link and carried that the improvements in Murray Manor, Tract #5839 be accepted as recommended. South Gate- A Report of the Director of Public Works-City Engineer recommend- Tr.4439 ing acceptance of the improvements in South Gate, Tract #4439 was presented. Motion was made by Councilman Link seconded by Councilman Childers and carried that the improvements in South Gate, Tract #4419 be accepted as recommended. Subdivision Planning Director Bedaux presented and explained the Tentative Sub- Map-T.Carr division Map of Tom Car for three (3) single family and eleven (11) multiple family residential lots on approximately 4.3 acres. Discussion was had by Council on the matter. Council had no objection to same. Mira Loma Valley PUD Planning Director Bedaux reviewed the Planned Unit Development proposed by Mira Loma Valley for commercial and apartment project located on the north side of First Street and west side of Westwood Drive. Motion was made by Councilman Childers seconded by Councilman Stout and carried that the proposal for Mira Loma Valley be accepted as recommended by the Planning Com- mission. Corp. of Army Eng. Discussion was had in reqard to a recent meeting with the Citizens' Advisory Committee regarding the Corp. of Army Engineers' Levee Project. Water Reclama- Discussion was had on the progress on usinq the reclaimed water tion in the Re-Use Water Project on City Parks. Plan. Dept. Councilman Stout noted the need for more adequate facilities for the Planning Department and suggested that Council allow additional funds to accomplish same. Planning Director Bedaux noted that they would prepare a cost estimate for same for presentation at the next Council Meeting. Traffic Signals Discussion was had on the delay advised by the State of Calif- 1st & Wren ornia in regard to installation of the Traffic Signals at First Street and Avenue Wren Avenue. Adjournment At 10:15 p.m. the Mayor adjourned the meeting. Respectfully submitted,