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Minutes 1977/11/07 4003 Gilroy, California November 7, 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. Roll Call Present: Council Members: William E. Childers, Roberta H. Hughan, Marion T. Link, David V. Stout and Norman B. Goodrich. Absent: Council Members: Brian D. Cunningham and John E. Pate. Consent Motion was made by Councilman Link seconded by Councilman Childers Calendar that the following items under the Consent Calendar be approved by the fol- lowing Roll Call Vote: Ayes: Council Members: Childers, Hughan, Link, Stout and Goodrich. Absent: Council Members: Cunningham and Pate. 4004 Minutes Approved the Minutes of the Regular Council Meeting of October 17, 1977 ; Ord.#77-35 Adopted Ordinance No. 77-35 Enacting Chapter SA of the City Code Bingo relating to Bingo; ORDINANCE NO. 77-35 AN ORDINANCE OF THE CITY OF GILROY ENACTING CHAPTER 5A OF THE GI~ROY CITY CODE RELATING TO BINGO. PASSED AND ADOPTED this 7th AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: day of November, 1977, by the following vote: CHILDERS, HUGHAN, LINK, STOUT and GOODRICH. None CUNNINGHAM and PATE; ~ ..., Res.#77-73 Pub. Hear. date Vacate porti on Buttercup Lane Adopted Resolution No. 77-73 setting December 15, 1977 as a Public of intention to vacate a portion of Buttercup Lane; RESOLUTION NO. 77-73 RESOLUTION OF INTENTION TO VACATE THE 17.5 FOOT NORTHERN PORTION OF BUTTERCUP LANE IN THE CITY OF GILROY BETWEEN WESTWOOD DRIVE AND FILLIPPELLI DRIVE, RE- SERVING TO THE CITY EASEMENTS FOR ALL PUBLIC FACILITIES. PASSED AND ADOPTED this 7th day of November, 1977, by the followino vote: AYES: COUNCIL MEMBERS: CHILDERS, HUGHAN, LINK, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: CUNNINGHAM and PATE: Pub.Hear. Set November 21, 1977 as a Public Hearing date on a orezoning re- Prezoning quest of A. Benassi for 37 acres located on the south side of First Street A.Benassi approximat~ly 300 feet east of Santa Teresa Blvd. from Al-2.5 (County Agri- cultural) Zone to Rl, R2, R3 and Cl Districts; Claims: Tillery & Olivarez Religious Proces- sion Pub. Hear. R.Lynch rezoning Denied damage claims of Alice F. Tillery and Patricia C. Olivarez; Approved a request of St. Mary1s Church for a Religious Procession December 11, 1977; and ~~ ... Set November 21, 1977 as a rezoninq request of Robert Lynch for eight (8) acres located on the northeast corner of the intersection of Hecker Pass Highway (First Street) and Morey Avenue from R1 to C1 District. Bids re: Director of Public Works-City Engineer Hansen presented and ex- EDA Proj. plained reports on the following bids received November 3, 1977 for EDA Grant Proj ects . Las Animas Las Animas Park Completion Project. Low bid of Jack Ehrich, Gilroy Park Proj.in the amount of $85,052.00, noting that the EDA Grant available for said project is $83,500.00 and recommending that the bid be awarded and $1,552.0Q balance be transferred from Account 01-110-200-302-001 in the 1977-78 Budget. Motion was made by Councilwoman Hughan seconded by Councilman Stout and car- ried that the low bid of Jack Ehrich in the amount of $85,052.00 be awarded for the Las Animas Park Completion Project subject to final approval of sam~ by EDA and that the recommended transfer of funds in the 1977-78 Budget be authorized. Welburn Ave. Welburn Avenue Improvement Project. Low bid of Granite Construc- Imp.Proj. tion Company, Watsonville in the amount of $86,126.00 recommending that AJt- ernate A also be approved to provide improvements on Kern Avenue for one lot depth northerly and southerly of Welburn Avenue requiring a bUdget amend- ment to Account 02-230-3500-302-000 Welburn/Kern Improvement in the amount of $4,461.00 which the City would be reimbursed upon development of Air-O- Fan Corporation property and that same would be expended from current Capital Outlay Revolving Funds in the 1977-78 Budget. - /'-. ..... Motion was made by Councilman Link seconded by Councilwoman Hughan and carried that the low bid of Granite Construction Company, Inc. in the amount of $86,126.00 be awarded for Welburn Avenue Improvement Project sub- ject to final approval of same by EOA and that the recommended budget amend- ment to the 1977-78 Budget in the amount of $4,461.00 be authorized to pro- vide for Alternate IIA". Sanitary Sewer Sanitary Sewer Main Repair and Replacement Project. Low bid of Main E. P. Construction, Inc., San Jose in the amount of $136,670.00, noting that Repr. & Repl. Proj. ~ storm Drain Project .... Eastside Pk. Proj.1A ~,".,~ Bids re: 4 vehicles 2nd Public Hearing HCD Funds 78-79 Budget 4005 the EDA Grant for same was $156,460.00; that the City request EDA permission to transfer the balance to another project. Motion was made by Councilman Link seconded by Councilman Childers and carried that the low bid of E. P. Construction, Inc. in the amount of $136,670.00 be awarded for the Sanitary Sewer Main Repair and Replacement Project subject to final approval of same by EDA and that permission be re- quested to transfer the remaining grant funds for this project to another project. Storm Drain Improvement Project. (Councilman Cunningham entered at 8:17 p.m. and took his seat at the Council table.) ------------Low bid of E. P. Construction Inc., San Jose in the amount of $225,125.00, noting that the EDA Grant approval for same to be $150,000.00, said bid exceeding the grant $75,125.00 and recommending a budget amendment for same in the 1977-78 Budget new Account 60.3 Northside Drainaqe (302-011) for said amount charging the following funds (02-221-277-- $30,310. Storm Drain IIBII); (02-222-2700--$30,310. Storm Drain "C"); (02-230-2700--$14,505. Capital Outlay Revolving). Motion was made by Councilman Link seconded by Councilwoman Hughan and carried that the low bid of E. P. Construction Inc. in the amount of $225,125.00 be awarded for the Storm Drain Improvement Project subject to final approval "of same by EDA and that the 1977-78 Budget be amended as recommended to allow for same. Eastside Park Project 1A. Low bid of Jack Ehrich, Gilroy $105,372.00 recommending eliminating the arbor in the amount of $21,901.00 and awarding said bid in the amount of $83,470.00 and using $10,000.00 HCD budgeted funds for design for a total project of $93,470.00. Motion was made by Councilman Stout seconded by Councilman Childers and carried that the low bid of Jack Ehrich in the amount of $83,470.00 be awarded for Eastside Park Project 1A subject to final ap- proval of same by EDA and that the required budget amendment be authorized of $10,970.00 Capital Outlay Recreation Funds to Account 01-110-2000-302-004 and transfer of EDA Funds to amend Account 60.3 in the amount of $10,970.00 be authorized, total project of $93,470.00 ($10,000.00 HCD 77-78 Budgeted Funds). City Administrator Wood presented a Report on bids received for four (4) sedans recommending awarding the low bid of Gavilan Chrysler in- the amount of $21,686.40 and that $1,686.40 be transferred from Account 01- 100-2600-301000 in the 77-78 Budget to provide the required funds for said vehicles. Motion was made by Councilman Stout seconded by Councilman Link and carried that the low bid of Gavilan Chrysler in the amount of $21,686.40 be awarded and that the required transfer to the 1977-78 Budget be authori- zed as recommended. The Mayor stated that it was the time and place scheduled for a Second Public Hearing on the proposed Proqram (1978-79) Developed for Housing and Community Development Act of 1974. Charles McGowan, HCD Coordinator addressed the Council and pr~sented and explained the Staff's Report in regard to same. City Administrator Wood noted that letters from CRLA and the San Martin Lions' Club were enclosed in the Council packet. Mr. Charles Hill, representing the San Martin Lions' Club ad- dressed the Council and further explained their requested proposal. Ms. Anne Rosenzweig, Attorney, representing the CRLA, addressed the Council and requested an allocation of HCD Funds for low income housinq specifically acquisition of real property for same and a multi-purpose building at Eastside Park. A letter from Nestor Garcia, President of Todos Amigos Project 4006 Pub. Hear. Fil ice Est.Vine- ya rds re- zoning Pub.Hear. Council was presented requesting allocation of $23,000.00 for remodeling of their kitchen facilities on Monterey Street. The Mayor asked if there was anyone else in the audience wishing to speak on the matter. Mr. Jame Rosa, 7612 Laurel, representing The Owl, addressed the Council requesting allocation for further improvements at Eastside Park, specifically the multi-purpose building facility and two (2) additional Hand Ball Courts at said location. Mr. Bob Castille, Community Worker of the Catholic Services, Walnut Lane, addressed the Council requesting allocation of funds for additional Hand Ball Courts at Eastside Park. - "'i'~ Motion was made by Councilman Link seconded by Councilman Stout and carried that the Public Hearing be closed. Discussion was had by Council on the matter. Motion was made by Councilman Stout seconded by Councilman Link and carried that $60,000.00 be deleted from the oroposed 1978-79 Budget for South Monterey Street Economic Development and Beautification Project and that the $35,000.00 be deleted from said Budget proposed for Las Animas Park Planning and Improvements, totalling $95,000.00; that $15,000.00 of same be ear-marked for the proposed San Martin Lions' Club Building to be located in the San Martin area, with the stipulation that the City of Morgan Hill also allocate an additional $15,000.00 for said building, labor to be contributed by the Lions' member- ship; balance of HCD Funds in the amount of $80,000.00 be allocated for two (2) additional Hand Ball Courts and a Multi-Purpose Facility Building at East- side Park; and that the balance of the 78-79 proposed HCD Budget remain as proposed. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that the entire 1978-79 HCD Budqet as amended be approved. The Mayor stated that it was the time and place scheduled for a Public Hearing on a rezoninq request of Filice Estate Vineyards for 2.8 acres located on the south side of Monte Bello and west of Wren Avenue from R1 to R2 District. - - Planning Director Bedaux presented and explained the Staff's Report in regard to said rezoning request. The Mayor asked if there was anyone in the audience wishing to speak for or against the rezoning proposal. A concerned unidentified citizen addressed the Council requesting in- formation on the height of the proposed buildings within the proposed rezoning. It was noted by Staff that same would be single story buildings. Mr. John Filice, Esq. Attorney, representing the apolicants addressed the Council and noted that he was available for questions. Mr. J. Olson, homeowner in the area addressed the Council, noting that the residents in the area do not want two-story duplexe~. The City Attor- ney noted that same was not the question as if said oroperty remained in an R1 District that a two-story single family residence could be constructed in said district. Motion was made by Councilman Link seconded by Councilman Childers and carried that the Public Hearing be closed. ~ Planninq Director Bedaux further noted that the rezoninq request is for the two (2) lots originally zoned R1 to R2 and removal of Section 49 at said location. .... Discussion was had by Council on the matter. Motion was made by Councilman Link seconded by Councilman Stout and carried that the reading of a proposed ordinance rezoning said property be waived and that it be introduced and published by title and summary. The Mayor stated that it was the time and place scheduled for a Pub- Prezoning T.Berry ~<-"'''' Pub.Hear.re: rezoning Blackstone & City of Gilroy pub.Hear.re: rezoning T.Carr Pet iti on re: Thomas-Mont. 76-8 Annex. 4007 lic Hearing'on a prezoning request of Trevis Berry for thirty (30) acres located on the south side of Pacheco Pass Highway and easterly of the Hirasaki Farms Road from Al-2.5 Zone to M2 District. Planninq Director Bedaux presented and explained the Staff's Report in regard to said prezoning request. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposed prezoning request. There was no com- ment from anyone in the audience. Motion was made by Councilman Cunningham seconded by Councilman Link 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 and carried that the reading of a proposed ordinance prezoning said prop- erty be waived and that it be introduced and published by title and summary. The Mayor stated that it was the time and place scheduled for a Public Hearing on a rezoning request of James Blackstone and the City of Gilroy for 6.07 acres located on the north side of Old Gilroy Street bet- ween East Street and the South Valley Freeway. Planning Director Bedaux presented and explained Staff1s report in regard to said rezoning request. 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 Link seconded by Councilman Childers and carried that the Public Hearing be closed. Discussion was had by Council in regard to the proposed rezoning. Motion was made by Councilman Stout seconded by Councilman Link that the reading of a proposed ordinance rezoninq said property be waived and that it be introduced and published by title and summary. The Mayor stated that it was the time and place scheduled for a Public Hearing on a rezoning request of Thomas A. Carr for .89 acres located easterly of the northerly extension of Delta Drive from R1 to R3 District. Planning Director Bedaux, presented and explained Staff1s report on said rezoning request. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposed rezoning proposal. Mr. Thomas A. Carr, 730 Eschenburg Drive, addressed the Council noting that he was available for any questions on said rezoning request. He further noted that the proposed build-out schedule recommended was acceptable to him. 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 rezoning request. Discussion was had in regard to the remaining sewer capacity available prior to completion of the new Sewer Treatment Plant facility. Motion was made by Councilman Childers seconded by Councilman Link and carried that the reading of a proposed ordinance rezoning said property be introduced and that it be published by title and summary. The Mayor noted receipt of a Petition from Chuck, Yamanaka and Barberi et al (Lawyers' Title Co.) for annexation of uninhabited territory to be known as "Thomas-Monterey Annexation 76-8 to the City of Gil royll, containing 74.012 acres of land. 4008 Councilman Stout noted that he would be absent durina the discussion and action by Council on said matter due to a conflict of interest in said property. It was noted by Staff that the petition did not contain 100% signa- tures of said property, specifically the Santa Clara Valley Water District formal approval. City Administrator Wood presented and read a letter from the District noting that formal action would be taken on said matter at their next regular meeting of November 15, 1977. Res.#77-74 Motion was made by Councilman Link seconded by Councilman Childers that the reading of Resolution No. 77-74 setting a Public Hearing date of December 19, 1977 for said annexation be adopted in the event that 100% con- send is received by the Council's next regular meeting of November 21, 1977 and that said territory could be annexed without hearing on said date. lIIIIIlI ... RESOLUTION NO. 77-74 RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO CITY OF GILROY OF UNINHABI- TED TERRITORY DESCRIBED HEREIN AND DESIGNATED "THOMAS-MONTEREY ANNEXJ.\TION 76-8 TO THE CITY OF GILROYII AND GIVING NOTICE OF TIME AND PLACE FOR HEARING. OF PROTESTS THERETO. PASSED AND ADOPTED this 7th day of November, 1977, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: PATE and STOUT. Housing A letter from the Housing Authority of Santa Clara County in regard Authority to additional Low Income Elderly and Family Housing, was noted. Mr. John C. Burns, Executive Director of the Housing Authority ad- dressed the Council and further explained said request for 75 units for the elderly and 50 units for low income families; and that same be areferendum measure on the next available municipal election ballot. Motion was made by Councilman Stout seconded by Councilman Link and carried that said request for two (2) referendum measures on the next available election ballot be approved. (Next consolidation ballot June 6, 1978). .. ..... Collishaw A letter from Collishaw Corp. in regard to a Golf Course and ad- Corp.re: jacent land development was noted. Golf Crse. Mr. Gary Gilmore and Mr. Collishaw addressed the Council respect- ively and further explained same requesting Council opinion on the matter. It was noted that the area in question was the formerly owner Hockenbeamer property containing 750+ acres. Council noted that they would like to meet with the Golf Course Board of Directors in the near future to determine their proposal for the present golf course expansion project. Council took no action on the Collishaw Corp. request noting that it would first be necessary for said oroperty owners to request inclusion in the City's Urban Service Area and determination if they would be included in the City's transition area that would not be determined until the entire General Plan is formally up-dated. Monray Roof A request from Monray Roof Tile was noted requesting use of a Tile-Temp. temporary trailer permit at the construction site for six-eight weeks. trailer Motion was made by Councilman Link seconded by Councilman Stout and carried that Monray Roof Tile be granted permission to use a temporary trailer at the construction site for six-eight weeks requested expiring December 31, 1977. .. ... Great Ameri- A letter from Supervisor Diridon was noted requesting support in can Smoke- regard to "Great American Smoke Out" November 17, 1977 sponsored by the out American Cancer Society. Council took no action on the matter. Chamber of The Gilroy Chamber of Commerce Activity Report 9/16-10/15/77 and Commerce financial statement was noted. 4009 The fOllowing informational items were noted with no separate discus- sion on same: RRX's Letter from Southern Pacific Transportation Company in re: to local Railroad Crossing Improvements; Criminal Justice Planning Board Quarterly Board; Water Level Statistics; and Continental Telephone in re: to Automated Telephone Service. ~.;".,.; Plan. Com. The Report of the Planning Commission meeting of October 20, 1977 Report was noted. 10-20-77 Council set November 10, 1977 at 7:30 p.m. as a Joint Planning Com- mission/Council Study Session in regard to the proposed up-dating of the current Urban Service Area to be submitted to the County by November 30, 1977. Plan.Com. The Report of the Planning Commission Meeting of November 3, 1977 Report was noted. 11-3-77 Transition The Report of the Joint Planning Commission/Council Study Meeting of Zones October 24, 1977 regarding Transition Zones was noted. Motion was made by Councilman Stout seconded by Councilman Link and carried that the report of the Joint Planning Commission/Council Study Meeting be approved as submitted for transmittal of same to the County of Santa Clara Board of Supervisors. P.& R. Com. The Minutes of the Parks and Recreation Commission Meeting of October 10-25-77 25, 1977 were noted. Personnel The Report of the Personnel Commission Meeting of October 26, 1977 Com.Re- was noted. port 10-26-77 i;lb<-", Monthly Reports The Summary of Monthly Reports of September 1977 was noted. Council- man Stout suggested and Council concurred that the Summary of Monthly Reports be revised and reduced specifically to eliminate the Auditor's Report, Cash receipts, and Collections not specifically used by Council on a monthly basis; further noting that said information is more beneficial on a fiscal year end basis. Disburse- The Report of Disbursements from October 1, 1977 through October ments 31, 1977 was noted and discussed. HCD Funds City Administrator Wood presented a report on HCD Funds for Store Front Designs between Fifth and Sixth Streets, noting that same was not ap- proved by HCD but would be reallocated by HCD for construction work along Monterey Street between Seventh and Tenth Streets; noting that the $2,000.00 contract authorized with Townscape may not be reimbursed with HCD Funds. Res.#77-75 Motion was made by Councilman Stout seconded by Councilman Link Water that the reading of Resolution No. 77-75 restricting outside watering between the hours of 8:00 a.m. and 4:00 p.m. be waived and that it be adopted. RESOLUTION NO. 77-75 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REPEALING RESOLUTION NO. 77-60 AND AMENDING RESOLUTION NO. 77-16 REGULATING WATER USE. PASSED AND ADOPTED this 7th day of November, 1977, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: PATE Traffic Con- Director of Public Works-City Engineer Hansen presented and ex- trol plained the Traffic Control Inventory and Safe Route to Schools Program by Inventory Traffic Engineering Consultant. It was noted that same would be acted upon at the next regular Council Meeting of November 21, 1977. if'.' 4010 Uvas Creek Director of Public Works-City Engineer Hansen requested continu- Area ance of the report on recommendation to convey to Santa Clara Valley Water ease- District the City's rights and interests in Uvas Creek Area immediately west ment of Miller Avenue. Council continued said matter. Sr.Citizen Councilman Cunningham presented and explained a report in regard tax re- to Senior Citizen Tax Relief for $1.80 credit to qualified senior citizens lief 62 years and over with $6,000.00 annual income or less. Discussion was had on the matter. Motion was made by Councilman Childers seconded by Councilman Cunningham and carried that said recommendation for Senior Citizen Tax Relief be approved as recommended excluding the last paragraDh of said recommendation in reference to possible expansion of said program, further that said tax relief become effective January 1, 1978. - - Water Recla- A Report of the Council Sewer Committee Meeting of November 3, mation 1977 was presented noting that it is recommended by the Committee that Project Gilroy and Morgan Hill remain the lead agencies in the Water Reclamation Project. Motion was made by Councilman Stout seconded by Councilman Link and carried that the recommendation by the Committee that Gilroy and Morgan Hill remain the lead agencies in the Water Reclamation Project be approved. Agricultural Councilman Link reported on the Board of Supevisor's Meeting Preserve of November 7, 1977 in regard to the Board's Resolution notinq that the so-called Agricultural Preserve of the County areas zoned agriculture 40 acres would not be established as an actual Agricultural Preserve under the Williamson Act. Supervisor Sanchez addressed the Council, concurred with Coun- cilman Link's report and further explained the Board of Supervisor's action on same. Mayor's Prayer Break- fast Councilman Cunningham presented a request of Deputy Police Chief Duke for a resolution supporting the Mayor's Prayer Breakfast on November 16, 1977 at 6:30 a.m. at the Longhouse Restaurant. Motion was made by Councilman Cunningham seconded by Councilwoman Hughan and not carried that a resolution supporting the Mayor's Prayer Breakfast as submitted be adopted. The resolution failed by the following Roll Call Vote: Ayes: Council Members: Cunningham, Hughan, and Goodrich; Noes: Council Members: Childers, Link and Stout; Absent: Council Member Pate. .. ... Conflict of The City Attorney reported that under Section 1090 of the Govern- Interest ment Code Councilwoman Hughan, Architect for the new Fire House Building would info. not make the Architect Contract for said project invalid as said contract was signed prior to Councilwoman Hughan being elected as Councilwoman of the City of Gilroy; further that any additional action required by Council in regard to said fire house building could not be voted upon by Councilwoman Hughan. Adjournment At 11:45 p.m. the Mayor adjourned the meeting. Respectfully submitted, 11IIII -