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Minutes 1977/12/19 4026 Gilroy, California December 19, 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, Brian D. Cunningham, Roberta H. Hughan, Marion T. Link, John E. Pate, David V. Stout and Norman B. Goodrich. New Employee The Mayor introduced new employee, Michael Dorn, Associate Planner. 4027 Consent C ale nd a r City Administrator Wood noted, under Item B of the Consent Calendar, that Don Farrill should have been listed as a Sr. Groundskeeper instead of Groundskeeper I, under Salary Achievement Level Increases. Councilman Link requested that Item B, Salary Achievement Level Increases, be removed from the Consent Calendar. Councilman Stout noted a correction in the minutes of the December 5, 1977, meeting on page 3 of said minutes regarding Growth Management Policy, and stated he had voted IInoll on the motion to accept same and was not absent as s ta ted . M.-. -.-,ili Motion was made by Councilman Pate seconded by Councilman Link 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. Minutes Approved the Minutes of the December 5, 1977, Regular Council Meeting, with the correction noted above; Ord. #77-42 Zon. Ord. Amend. Adopted Ordinance No. 77-42 amending Section 83.1 of the Zoning Ordinance making violations thereof infractions rather than misdemeanors. ORDINANCE NO. 77-42 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING SECTION 83.1 OF THE ZONING ORDINANCE SO AS TO MAKE VIOLATIONS THEREOF INFRACTIONS RATHER THAN MISDEMEANORS. PASSED AND ADOPTED this 19th day of December, 1977, by the following vote: AYES: COUNCILMEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE; "MJ_"~ Intro. Ord. re: Introduced an Ordinance amending Section 15.43 of the City Code Through St. designation Welburn Avenue a Through Street from Monterey Street to Wren (Welburn Ave)Avenue, except at its intersection with Church Street; Res. #77-87 re: Adopted Resolution No. 77-87 of Intention to abandon Las Animas Las Animas Avenue where it crosses the S.P.R.R. and setting January 3, 1978, as a RR Crossing public hearing date. RESOLUTION NO. 77-87 RESOLUTION OF INTENTION TO VACATE THE SIXTY (60) FOOT PORTION OF LAS ANIMAS AVENUE IN THE CITY OF GILROY CONTIGUOUS WITH THE SOUTHERN PACIFIC RAILROAD RIGHT OF WAY, RESERVING TO THE CITY EASEMENTS FOR ALL PUBLIC F ACI LITIES. PASSED AND ADOPTED this 19th day of December, 1977, by the following vote: AYES: COUNCILMEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE; Solicitation Approved waiver of solicitation permit for Santa Clara County Girl Permit Scouts Cookie Sale, January 28 to February 5, 197R; Pub. Hear. re: Set Public Hearing date of January 3, 1978, on rezoning request Rainbow Dev. of Rainbow Development Co. for approximately .5 acres of land located on the northwest corner of East Street and Old Gilroy Street from Cl (Neighborhood Commercial) to R3 (Low-Density Multiple Family) District; ;...."........ Salary Achieve. Discussion was had on the recommended Salary Achievement Level Increases Increases for regular and CETA employees. It was noted that some of the CETA employees' salaries were higher than the allotment provided under the CETA Program. Personnel Director Reinsch stated that the City has budgeted for these salaries and further noted that we are required, under the CETA Act, to grant the same benefits to CETA employees as we do regular full-time employees. City Administrator Wood explained the purpose of the program and previous similar programs that the City has been involved in over the past years. 4028 After further discussion, it was moved by Councilman Pate seconded by Councilwoman Hughan that the Salary Achievement Level Increases be granted as recommended. Motion fa~led by the following Roll Call vote: AYes: Councilmembers: Hughan, Pate and Goodrich; Noes: Councilmembers: Childers, Cunningham, Link and Stout. Council- man Stout then moved, seconded by Councilman Cunningham, that the first four names (full-time employees) be approved for salary increases and that the City Administrator be instructed to contact CETA regard- ing employment procedures and present a detailed report to the Council. Discussion was had on the motion and no further action was taken. It was further moved by Councilman Stout seconded by Council- man Cunningham and carried that the following four (4) full-time employees be granted Salary Achievement Level Increases as recommended: Edward Montez, Firefighter, from Range 31 Step D, $1,226/mo. to Step E, $1,288/mo.; Gary Rowen, Police Sergeant, Range 35.5a Step B, $1,398/mo. to Step C, $1,467/mo.; Clifford Thome, Firefighter, Range 31.a step D, $1,238/mo. to Step E, $1,301/mo., all effective January 1, 1978; and Claude Campbell, Sewer Treatment Plant Operator I, Range 28.5 Step B, $985/mo. to Step C, $1,035/mo., retroactive to December 1, 1977. Motion was made by Councilman Stout seconded by Councilman Link and carried that the City Administrator be instructed to contact CETA regarding employment procedures and exceeding the $10,000 per year allotment per employee and to present a detailed report to Council. Councilman Pate voted IInoll on the motion. Pub. Hear. re: Mayor Goodrich noted the continued Council deliberations D. Teresi regarding the December 5, 1977, Public Hearing on the rezoning request Rezoning of Dan Teresi for 11.3 acres located on the east side of Forest Street and south of Leavesley Road from M2 (General-Industrial) to C2 (General- Commercial) and R1 (Single Family) Districts. Planning Director Bedaux explained Staff's report regarding acceptance of the E.I.R. Discussion was had. Motion was made by Councilman Link seconded by Councilman Stout and carried that certi- fication of the E.I.R. for said project be approved. Motion was made by Councilman Pate seconded by Councilman Link and carried that the Tentative t1ap be approved as recommended by the Planning Commission, that Lots 12 and 13 be deleted from the proposal for acceptance for a Tiny Tot Park in lieu of the development fees, and that a buildout schedule of 35 lots in 1979 and 34 lots in 1980 be approved. Intro. Ord. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that an ordinance rezoning said property from M2 to C2 and R1 be introduced, the reading waived, and that it be published by title and summary. Pub. Hear. re: The Mayor stated it was the time and place for a Public Hearing T. Ruiz on the prezoning request of Tom Ruiz on 1.7 acres fronting on prezoning t10nterey Highway to CM (Commercial-Industrial) and 4.9 acres to R3 (Low-Density Multiple Family) Districts. Planning Director Bedaux reported on the proposal and noteq the Planning Commission's recommendation for approval. Mr. Tom Ruiz, 7601 Miller Avenue and owner of said property, addressed the Council and stated his reasons for requesting the pre- zoning. It was moved by Councilman Link seconded by Councilman Chil- ders and carried that the Public Hearing be closed. Discussion was held by Council on the matter. It was moved by Councilman Cunningham seconded by Councilman Stout and carried that an ordinance prezoning 1.7 acres fronting on Monterey Highway as CM and the remaining 4.9 acres as R3 be introduced, the reading waived, and that it be published by title and summary. Pub. Hear. re: Weed Abate. The Mayor stated it was the time and place for a Public Hearing on the 1977-78 Weed Abatement Program. Motion was made by Councilman Pate seconded by Councilman Cunningham and carried that the Public Hearing be closed. Motion was made by Councilman Pate seconded by Councilman Link that the reading of Resolution No. 77-88 ordering de- struction of weeds, etc., be waived and that it be adopted. - ... ..... ......., - ..... ;t",,~_ -- Appeal of R. Berhorst re: Growth Con- trol 4029 RESOLUTION NO. 77-88 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY INSTRUCTING THE CHIEF OF THE FIRE DEPARTMENT TO ABATE NUISANCE ARISING OUT OF WEEDS GROWING UPON LOTS OR IN FRONT OF PROPERTY IN THE CITY OF GILROY AS REQUIRED BY SECTION 5 OF ORDINANCE NO. 754. PASSED AND ADOPTED this 19th day of December, 1977, by the following vote: AYES: COUNCILMEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE The Mayor noted a petition from Ron Berhorst requesting exemption from the recently adopted Growth Management Policy, on a hardship basis, so that he may construct two (2) six-unit apartments on Swanston Lane. Councilman Stout declared himself absent from discussion on the matter. City Administrator Wood explained that Mr. Berhorst's request for exemption was based on the fact that he had made committments for purchase and development of the property prior to Council's recent building moratorium, but had not been able to take out permits for construction before the Policy was adopted. Council discussion was had on the matter. Motion was made by Councilman Cunningham seconded by Councilman Pate and carried that Mr. Berhorst's request for exemption under the Growth Management Policy be granted on a hardship basis and that he be allowed to build two (2) six-unit apartments on Swanston Lane, as requested. Wastewater Proj. City Administrator Wood noted the presence of Mr. Ken Boyd, of Progress Harris & Associates, consulting engineers for the Wastewater Treatment Report Plant Project. Mr. Boyd addressed the Council and gave a Progress Report on the project. The Mayor asked if there was anyone in the audience wishing to speak on any subject not on the agenda. There was no comment from anyone in the audience. T. Carr Appeal City Administrator Wood reported on a letter from Mr. Tom Carr, -- re: P.C.'s Vice President, Royal West, Inc., appealing the Planning Commission's denial of decision of December 1,1977, denying a rezoning request for 10.6 acres rezoning req. located on the west side of Monterey Street, approximately 600 feet south of Tenth Street from C2 (General-Commercial) to R3 (Low-Density Multiple Family) District. Motion was made by Councilman Link seconded by Council- man Pate and carried that a hearing date on said appeal be set for January 3, 1978. Sign Variance- City Administrator Wood reported on a request from K. H. Chang, Pacheco Pass owner of the Pacheco Pass Motel, 570 Old Gilroy Street, for extension of Motel a sign variance which expired December 7, 1977. Mr. Chang addressed the Council and stated his reasons for requesting an extension and noted that said sign is extremely important to his business. Discussion was had on the matter in regard to the location of the motel in relation to the 101 Bypass. Motion was made by Councilman Pate seconded by Councilman Link and carried that Mr. Chang be granted a one (1) year extension of the sign variance and that he make an attempt to work out a solution at the Planning Department level regarding his sign. (Said extension to expire December 19, 1978.) ~... C of C Ind. Acti vity Report , ... Co. Sales Tax Agree. The Chamber of Commerce's Industrial Activity Report XI, November 1977, was noted. Mr. Jim Roberts, Secretary-Manager of the Chamber, addressed the Council and explained the report further. Discussion was had regarding the financial statement. City Administrator Wood noted a letter from Chairperson Gerry Steinberg, Santa Clara County Board of Supervisors, and attached resolution relating to sharing of the local sales tax between the cities and the County. He also noted a letter from the Town of Los Gatos stating their position with respect to the City of Santa Clara to withdraw from the City/County Sales Tax Agreement, requesting that this matter be agendized at the Inter-City Council. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that the City of Gilroy adopt the position of the Town of Los Gatos regarding said sales tax agreement and instructed the City Administrator to send letters to all affected agencies in the County. 4030 Water Con- A letter from the Santa Clara Valley Water District regarding servation continued water conservation was noted. Div. of Water City Administrator Wood noted a letter from the Division of Quality re: Water Quality amending the Concept Approval letter of October 7, 1977, Wastewater to include the use of primary oxidation ponds rather than mechanical Proj. primary facilities. Army Corps of Engrs. re: Uvas-Carna- dero EPA re: Air Quality S tanda rds Resign.-K. Cooper, P & R Com. A letter from the Army Corps of Engineers was noted stating that the recommendation for reclassification of the Pajaro River Project (Uvas-Carnadero Creek) to the "active" category has been approved by the Office of the Chief of Engineers. -.. - A letter from the Environmental Protection Agency requesting local participation in developing Air Quality Standards was noted. Council instructed the City Administrator to advise them that the City of Gilroy will participate. City Administrator Wood noted a letter from Kenneth Cooper, resigning from the Parks and Recreation Commisison. Motion was made by Councilman Pate seconded by Councilman Link and carried that Mr. Cooper's resignation be accepted with regrets. Growth Manage. The Agenda for Gilroy Council's Growth Management Policy Com- Policy mittee meeting of December 21, 1977,8:00 p.m., was noted. Plan. Com. Meeting 12/15/77 Lib. & Cult. Com. Meet. 12/2/77 LAFCO Policy re: City Administrator Wood noted a recent news article regarding future notice by LAFCO that cities in Santa Clara County will have to start annexations planning to provide homes for industrial workers or face a freeze on future annexations. Due to a major part of the local work force (Gilroy) commuting outside the Ctiy to work and high local incidence of unemployment, this policy would be unfair to Gilroy. Council con- curred that this was an unfair position to take. The Report of the Planning Commission Meeting of December 15, 1977, was noted. The Minutes of the Library and Culture Commission Meeting of December 2, 1977, were noted. ........ .......,.-';/'-' Interim Sewer City Administrator Wood presented the Interim Sewer Agreeme~t Agree.-M.H. with Morgan Hill, noting the addition of a new clause (#7) requiri~g the two cities to further negotiate for a surplus capacity available in April of 1978. Motion was made by Councilman Link seconded by Councilman Stout and carried that the amended agreement be aprpoved and authori zed the Mayor to execute same. . Morey-Kern St. City Administrator Wood noted the following two proposals sub- Drain Impts. mitted by W. H. Hanna for Interim Drainage Improvements along Miller Slough until the 566 Project is completed: (1) Diversion Channel along Ronan Avenue to Kern Avenue, and (2) improvement and realign- ment of the existing channel from Las Animas Park ending at Morey Avenue. Intro. Ord. re: Food Est. Per- mits Mr. Walter Hanna, civil engineer, addressed the Coucnil and explained the proposal as previously requested by Council. Discussion was had on the matter. Staff was instructed to proceed with the ... design layout with the consultant and to contact the Water District to determine when the 566 Project will be constructedo in this area. ....""" City Administrator Wood noted the Report by the Director of Public Works-City Engineer on a REsolution of Intention to abandon the Las Animas Railroad Crossing. (Said resolution previously adopted under the Consent Calendar.) The City Attorney explained a proposed ordinance amending Sec- tion 11.3 of the City Code pertaining to food establishment permits. Motion was made by Councilman Link seconded by Councilman Stout and carried that said ordinance be introduced, the reading waived, and that it be published by title and summary. 4031 Intro. Ord. re: Motion was made by Councilman Pate seconded by Councilman Link Zon. Ord. and carried that an ordinance amending Section 2.45 of the City Code Amend. removing the Building Inspector as administrator of the Zoning Ordinance be introduced, the reading waived, and that it be published by title and summary. Ord. #77-43 re: Motion was made by Councilman Stout seconded by Councilman Childers Rec. Taxes that the reading of Ordinance No. 77-43 amending Section 22.17 of the City Code allowing Capital Outlay Recreation Taxes to be set by resolution be waived and that it be adopted. '1'-"'""-.';;,1 ORDINANCE NO. 77-43 AN ORDINANCE AMENDING SECTION 22.17 OF THE CITY CODE OF THE CITY OF GILROY SO AS TO ESTABLISH CAPITAL OUTLAY RECREATION FUND TAX RATES BY COUNCIL RESOLUTION. PASSED AND ADOPTED this 19th day of December, 1977, by the following vote: AYES: COUNCILMEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Res. #77-89 re: Motion was made by Councilman Pate seconded by Councilman Stout Bingo Fees and carried that the reading of Resolution No. 77-89 setting Bingo fees at $5.00 per night or $50.00 per year be waived and that it be adopted. RESOLUTION NO. 77-89 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY FIXING THE ANNUAL APPLICATION FEE FOR A BINGO PERMIT. PASSED AND ADOPTED this 19th day of December, 1977, by the following vote: AYES: COUNCILMEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE - Commission Appoi nt- ments Plan. Com. The Mayor presented recommendations for appointment to various Commissions for terms expiring January 1, 1978. Motion was made by Councilman Cunningham seconded by Councilman Stout and carried that the following appointments to the Planning Commission be accepted: Edith Edde, reappointed to a full term expiring January 1, 1982; Tom Taricco, to fill the unexpired term of Marcel Braquet, ending January 1, 1979; Dan Palmerlee, to fill the unexpired term of Lupe Aceves, ending January 1,1980; and Charles Quartiroli, to a full term ending January 1, 1982. P & R Com. Motion was made by Councilman Dunningham seconded by Councilman Pate and carried that the following appointments to the Parks and Recreation Commission be accepted: Mike Filice and Frank Gonzles to full terms ex- piring January 1, 1982, and Sam Bozzo, to fill the unexpired term of Frank Biafore, ending January 1, 1981. Lib. & Cult. Motion was made by Councilman Childers seconded by Councilman Link Com. and carried that Nancy Hanna be reappointed to a second full term expiring January 1, 1982, and that Ed Seledon be appointed to a full term ending January 1, 1982. Arch. & Site Approval Com. Pers. Com. Motion was made by Councilman Link seconded by Councilman Pate and carried that Larry Connell be reappointed to a second full term expiring January 1, 1982, and that Ron Mingus be appointed to a full term expiring January 1, 1982. The Mayor reappointed Elaine Long to the Architectural and Site Approval Committee and appointed Bob Voorhees to fill the vacancy created by the appointment of Tom Taricco to the Planning Commission. - Councilwoman Hughan inquired why no wheelchair ramps were installed on the curbs along Third Street. City Administrator Wood stated he would check into the situation. Councilwoman Hughan expressed concern about the City being advised of applications to the County occurring in Gilroy's Transition Area prior 4032 to final action by the Board of Supervisors. City Administrator Wood noted he would contact the Board requesting to be notified of said proposals prior to final action by the County. Councilwoman Hughan commented on the recent turnover in the Police Department. City Administrator Wood noted that the officers who recently resigned from the Police Department were going into private business and not transferring to other departments. Councilman Stout noted, with interest, the recent Economic Profile for Gilroy published by the Chamber of Commerce and recommended Council read said report. The Mayor noted that there has been more interest from the public in serving on Commissions than ever before. Councilman Childers asked about getting the clock at the Old City Hall wound and chiming. It was noted that the chimes would be disturbing to the tenants of the Milias Apartments across the street. Adjournment At 10:45 p.m., the Chair entertained a motion, seconded by Councilman Link and carried, to adjourn to Tuesday, January 3,1978, because of the legal holiday on January 2, 1978. Respectfully submitted, i~/~-.~e & ~ ~ , ~y City Cl~~