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Minutes 1978/05/01 4072 Roll Call Consent Calendar Minutes Gilroy, California t1ay 1, 1978 The Regular Meeting of the Gilory City Council was called to order by His Honor Norman B. Goodrich at 8:00 p.m. Present: Council Members: William E. Childers, Brian D. Cun- ningham, Roberta H. Hughan, Marion T. Link, John E. Pate, DaYid V. Stout, and Norman B. Goodrich. Motion was made by Councilman Link seconded by Councilman Cun- ningham 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. Approved the Minutes of the Regular Council Meeting of April 17, 1978; Intro. Ord. re: Introduced and ordered publication by title and summary a pro- Sec. 15.11- posed ordinance amending Section 15.11 of the Gilroy City Code so as t~ Speed Limits establish Speed Limits on Designated Streets by Council resolution; Ord. #78-13 Uniform Fire Code re: Adopted Ordinance No. 78-13 repealing Section 10.10 and amend- ing Section 10.9 of the City Code so as to adopt, subject to modifica- tion, by resolution the Uniform Fire Code to apply in the City of G i 1 roy . Ord. #78-14 re: Adopted Ordinance No. 78-14 amending Section 6.1 of the City Code Swimming so as to adopt subject to modification by resolution, the Uniform Swimming Pool & Solar Pool and Solar Energy Codes to apply in the City of Gilroy; Energy Codes p><----"1't I -... 4073 ORDINANCE NO. 78-13 AN ORDINANCE OF THE CITY OF GILROY REPEALING SECTION 10.10 AND AMENDING SECTION 10.9 OF THE GILROY CITY CODE SO AS TO ADOPT, SUBJECT TO MODIFICATION, BY RESOLUTION THE UNIFORM FIRE CODE TO APPLY IN THE CITY OF GILROY. PASSED AND ADOPTED this 1st day of May, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT, and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE; ORDINANCE NO. 78-14 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 6.1 OF THE GILROY CITY CODE SO AS TO ADOPT, SUBJECT TO MODIFICATION, BY RESOLUTION THE UNIFORM SWIMMING POOL CODE AND UNIFORM SOLAR ENERGY CODE TO APPLY IN THE CITY OF GILROY. PASSED AND ADOPTED this 1st day of May, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRI CH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE; and Diabetes Assoc. Approved the request of the Santa Clara Diabetes Association for Solic.Permit waiver of the solicitation permit for Bike-A-Thon, May 21, 1978. 4-Wheel Dr. Loader ....-~"'" Pub.Hear.re: Appling re- zoning ~ Pub.Hear.re: Delgado re- zoning - Director of Public Works-City Engineer Hansen presented and explained a report on recommendation to purchase a Caterpillar 920 Wheel Loader from Peterson Tractor Company at a total cost of $44,145.31. Discussion was had on the matter. Motion was made by Councilman Cunningham seconded by Councilman Link and carried that the Four-Wheel Loader be purchased from Peterson Tractor Company in the amount of~4,145.31 as recommended. The Mayor stated that it was the time and place scheduled for a Public Hearing on a request of Jim and Vern Appling to rezone approximately one (1) acre from C1 (Neighborhood Commercial) District to HC (Highway Commercial) District located 140 feet north and east of Leavesley Road and San Ysidro Avenue intersection. Action Planning Director Dorn presented and explained the Staff Report on same. The Mayor asked if there was anyone in the audience wishing to speak for or against the matter. 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. Motion was made by Council- man Stout seconded by Councilman Link and carried that a proposed ordinance be introduced and published by title and summary rezoning said property as recommended. The Mayor stated that it was the time and place scheduled for a Public Hearing on a request of Violet Delgado to rezone approximately 2/3 acres from R1 (Single Family Residence) District to HC (Highway Commercial) District located on the west side of Monterey Street approximately 100 feet north of Farrell Avenue. Acting Planning Director Dorn presented and explained the Staff Report on same. 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 Cunningham seconded by Councilman Link and carried that the Public Hearing be closed. 4074 Motion was made by Councilman Pate seconded by Councilman Link and carried that a proposed ordinance be introduced and published by title and summary rezoning said property as recommended. Councilman Cunningham voteQ "no" on the motion. Pub.Hear. re: The Mayor stated that it was the time and place scheduled for A.Powell re- a Public Hearing on a request of Alfred Powell to rezone approximately zoning two (2) acres from R1 (Single Family Residence) District to HC (High- way Commercial) District located on the west side of Monterey Street approximately 150 feet north of Farrell Avenue. Acting Planning Director Dorn presented and explained the Staff Report on same. The ~1ayor asked if there was anyone in the audi ence wi shi ng to speak for or against the proposal. Mr. Jerry Crawford, property owner of the motel business opera- tion at said location addressed the Council noting that the rezoning request was not requested because of the rehabilitation project at said' location. He further noted that the motel business has been operating since annexation of said property to the City and zoned R1 at that time and wishes to bring the property up to date with the proper zoning. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. There was no comment from anyone in the audience. .. .... I ... Motion was made by Councilman Link seconded by Councilman Cun- ningham and carried that the Public Hearing be closed. Discussion was had by Council in regard to said rezoning request. Res. #78-27 Motion was made by Councilwoman Hughan seconded by Councilman Cunningham that the reading of Resolution No. 78-27 be waived and that it be adopted denying the requested rezoning without prejudice in re- gard to the continued business operation of the motel at said location. ... RESOLUTION NO. 78-27 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DENYING THE APPLICA- TION OF ALFRED POWELL TO REZONE 2 ACRES ON THE WEST SIDE OF MONTEREY STREET APPROXIMATELY 150 FEET NORTH OF FARRELL AVENUE FROM R1 DISTRICT TO HC DISTRICT. PASSED AND ADOPTED this 1st day of May, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE Proposed Pharmacy- Anagnoston Letters from Dr. T. Anagnoston were noted, appealing a deci- sion of the Planning Commission to deny a pharmacy proposed for the planned professional office center in the vicinity of Sixth and Princevalle Streets. Dr. Anagnoston addressed the Council and further explained the request for said pharmacy and the alledged need for same at said loca- tion. Mr. Alfred Perez, attorney representing Mr. Lee Pratt, opera- tor of an existing pharmacy presently operating at close proximity with the proposed pharmacy, addressed the Council requesting that the Planning Commission's decision on the matter be upheld, denying Dr. Anagnoston's request for an additional pharmacy at said location. Mr. Kenneth Machado, attorney representing Dr. Anagnoston, addressed the Council noting that if the existing pharmacy is located in a zoning district that allows said operation and the proposed pharmacy has the identical zoning, then it too should be allowed a pharmacy. He further noted that the present lease for the existing pharmacy expires in November 1978,; however, is immaterial to the issue at th i s time. ..... ( lIIII1 ..... 4075 Mr. Perez presented a lease signed by three of the four property owners beginning November 1, 1978, to 1985, with a 5 year option for the existing pharmacy. Discussion was had by Council on the matter. Motion was made by Councilman Childers seconded by Councilman Link and carried that the Plan- ning Commission's decision denying the requested proposed pharmacy be upheld and the appeal be denied. Mussallem Dev.- A letter from Mussallem Development Corporation was noted requesting Mira Lorna ~ twenty-four condominium units, Mira Lorna Subdivision. . Sub. Gold Mile Walk Tempora ry Trailer Permit r- Woodworth Property The City Attorney noted that said request is an amendment to the Planned Unit Development and should be referred back to the Planning Com- mission for recommendation. Councilman Stout suggested that the Planning Commission give consi- deration to fees for condominium units prior to action on said request. Discussion was had on the matter. Motion was made by Councilman Link seconded by Councilman Childers and carried that the request of Mussallem Development Corporation be referred to the Planning Commission for recommendation. It was further requested that Staff review and recom- mend development fees for condominium units. Mr. Joseph Ienuso, Gilroy Senior Citizen, addressed the Council in regard to an invitation to Council to participate in "Golden Mile Walk" May 15, 1978. The Mayor noted that every effort would be made for all Council Members to participate in said event. A letter from Garden Valley Foods was noted in regard to K-Martls Tenth Street proposed location. Council indicated that said letter be discussed at the time the Planning Commissionls recommendation on said development is presented to Council. The Mayor deviated from the regular agenda in order to accommodate interested persons in the audience. City Administrator Wood presented a letter from Mr. George Hay to park a temporary trailer on the Chiesa property on First Street in regard to Proposition #13 on the June 6, 1978, Election Ballot. Motion was made by Councilman Stout seconded by Councilman Cunningham and carried that the request for said temporary trailer be approved. A letter from Mr. Thomas Shephard, attorney representing the Wood- worth property, requesting waiver to proceed with a Tentative Map was noted. Mr. Shephard addressed the Council and further explained the request. He noted that the property owners have not been able to develop said property due to the Project 566 and uncertainty when same would be completed. He furhter noted that if a Tentative Map for a 94 lot subdivision is approved, there is a possibility that the Santa Clara Valley Water District would establish a pre-existing condition for obtaining federal funds for the bridge that will be required to be constructed in connection with the 566 Channel. He stated that if the Tentative Map is approved, no construction for same is anticipated until 1980. Director of Public Works-City Engineer Hansen reported that the City contacted the Woodworth property owners for an easement to proceed with the Storm Drain Project in the area noting that a Tentative Map could be approved with no build-out schedule and no final approval of the map at this time. Mr. Cecci, architect, addressed the Council and further explained the proposed development for said property noting that the Tentative Map contains 94 single-family residential 5,000 sq. ft. lots and that they would request a build-out schedule of 50 units per year. 4076 Recess City Hall Project City Hall Tour League Bulletin SB 1874 City Administrator Wood recommended approval of the Tentative Map with no build-out schedule until 1980 in order to show the need for a bridge at said location with the intent to attempt to obtain federal funds for the construction ~f same. Discussion was had by Council in regard to the Growth Manage- ment Policy not yet established for the City. Councilwoman Hughan noted that said policy will be completed prior to revision of the General Plan completion date. Motion was made by Councilman Pate seconded by Councilman Link and carried that the Woodworth Properties be authorized to proceed with the processing of the Tentative Map for the proposed subdivision submitted with the condition that no build-out schedule be fixed until such time as the City's Growth Management Policy has been established, recognizing the fact that there is no assurance that a build-out schedule for said project will be given if same is not in conformance with the Growth Management Policy. Roll Call vote on said Motion: AYes: Council Members: Childers, Link, Pate and Good- rich; Noes: Council ~1embers: Cunningham, Hughan and Stout. - .... At 10:33 p.m., the Mayor declared a 5-minute recess and recon- vened the meeting at 10:42 p.m. The Mayor deviated from the regular agenda in order to accom- modate Mr. William Hedley, AlA for the new City Hall. City Adminis- trator Wood presented a report on the new City Hall Architect Agree- ment noting that a modification to Page 8, Section VII.A.2, is as follows: "However, it is hereby mutually agreed that all combined Architectls fees under this agreement and project shall not exceed the range of $70,000.00 to $75,000.00, provided the scope of the project remains substantially the same as Architect now understands it, and the total construction cost does not exceed $1,000,000.00." - Motion was made by Councilwoman Hughan seconded by Councilman Cunningham and carried that the City Hall Architect Agreement as pre- sented with modifications be accepted and approved. Council Members: Childers and Stout voted "no" on the motion. - A report on a recommendation to schedule a Council Tour of several City Halls was noted. City' Administrator Wood noted that same is recommended for May 5, 1978, at 9:00 a.m., beginning with a slide presentation and tour of Watsonville, Los Gatos, Campbell and Cupertino City Halls. Council Members Childers, Pate and Goodrich noted that they will attempt to participate. City Administrator Wood presented a League of California Cities Legislative Bulletin #15-1978. Council concurred with previous pQlicy to support the Leaguels recommendation on same. A letter from the City of Los Gatos urging Gilroy's opposition to SB 1874, Annexation of Islands, was noted and no action taken on same. Spring Art A letter from the Gilroy Historical Museum requesting clos~re Show of Fifth Street (Church to Eigleberry Streets) for the Spring Art Show was noted. Motion was made by Councilwoman Hughan seconded by Councilman Cunningham and carried that the closure of Fifth Street be allowed as requested for the Spring Art Show. Intergovern- mental Council - .... Letters regarding the Intergovernmental Council of Santa Clara County were noted. Representative Pate explained the Council Task Force Restructure proposal, noting that, in his opinion, same is a compromise and believes that it is the best possible solution. Th~ t1ayor recommended that representative Pate proceed with representing the City on this basis. City'Administrator Wood reported on the Justice System Advisory Board proposed revision noting objection to same, recommending that Representative Pate represent the City on their views that same Com- mittee is too large and should be reduced; that one committee is be- lieved to be better than two. Council concurred. Co. Li brary Commission League Forum Pl an. Com. Report 4/20/78 P & R Com. 4/25/78 Monthly Reports Concealed Weapon Pol i cy ~ 4077 A letter requesting City's nominations for appointment to the County Library Commission was noted. Council supported the reappoint- ment of Mrs. Masel Sheehan for same. A ltter from the League in regard to a ItSmall City Forum" was noted scheduled at Fairfield on May 24, 1978. Council noted that the City should participate in same at the Monterey iocation rather than Fairfield. It was noted that the invitation to Council in regard to the "Golden Mile Walk" was previously discussed. The following informational items were noted with no separate discussion on same: Hope Rehabilitation Services inviting Council to the First Annual Hope Chalk-In, June 11, 1978; Invitation to South County Water District Annual Dinner Meeting May 9, 1978, at the Harvest Time Restaurant in Gilroy; Chamber of Commerce, Industrial Development Activity Report XV March; Santa Clara Valley Water District in re: to Water Reclamation Loan Payment; Inter-City Council re: cancellation of May meeting; and Notice of County Planning Commission Hearing on Jackson High- land Subdivision - 94 lots. The Report of the Planning Commission Meeting of April 20, 1978, was noted. Councilman Link recommended approving the Planning Commission's recommendation regarding property of Frank A. LaMacchia requesting that the City request the County to approve said proposal. Motion was made by Councilman Link seconded by Councilman Childers and carried that the City request that the County approve the proposal of Frank A. LaMacchia. Discussion was had on the proposed Interim Policy on referrals from the County. Council wished to be advised of all proposals. Acting Planning Director Dorn noted that in some instances, the County wishes to be advised on said referrals prior to a scheduled Planning Commission or Council Meeting. Council indicated that said referrals be referred simultaneously to Planning Commission or Council and, if time does not permit same, that said referrals be rejected and noted to County that additional time is required to act upon same. The Minutes of the Parks and Recreation Commission Meeting of April 25, 1978, and the Senior Citizens' Advisory Council Meeting of April 18, 1978, were noted. The Summary of the Monthly Reports of March, 1978, was noted and di scussed. Council man Stout i nqui red of the unmetered water for March, 1978. Director of Public Works-City Engineer Hansen requested that same be tabled to the next regular Council meeting for an explanation of same. Councilman Stout recommended that the Recreation Activity Report be omitted from the Monthly Reports. City Administrator Wood presented a report on the Police Chief's request for a City policy on concealed weapon licenses. Motion was made by Councilman Stout seconded by Councilman Link and carried that the concealed weapon license policy be approved as submitted. 4078 HCD Grant Funds Relocation costs-Ci ty Ha 11 Proj. City Administrator Wood presented a report on re-allocating H.C.D. Grant Funds, specifically, from the Sewer Trunk Line Project to Eastside Park Projects, noting the proposal to amend the First, Second, and Third Year Housing and Community Development Program in the amount of $76,000.00 and $86,000.00 in the Fourth Year. Motion was made by Councilman stout seconded by Councilman Link and carried that the proposal to amend the Housing & Community Development Program as recommended be allowed and that a Public Hear- ing date of May 15, 1978, be set for same. Motion was made by Councilman Childers seconded by Councilman Link and carried that authorization be given to advertise the call for bids for the Eastside Park Project. J1IIIiI -- City Administrator Wood presented a recommendation to approve relocation costs in the amount of $4,350.00 to Arturo and Irma Almaguer in regard to the City Hall Project. Motion was made by Councilman Pate seconded by Councilman Link and carried that the relocation costs of Almaguer be approved as recommended. Workers I Compo A report on the Workerls Compensation Program and request to Program self-insure was noted. Council had no objection to same. Life Ins. Program A Report on the City Life Insurance Program was noted request- ing increase in the maximum employee coverage if desired by the em- ployee. Motion was made by Councilman Link seconded by Councilman Stout and carried that the City has no objection to increasing the maximum employee life insurance coverage if desired by employees. General Plan A Report on the General Plan Consultant's Agreement with Duncan & Jones was presented. Motion was made by Councilman Link seconded by Councilman Pate and carried that the agreement with Duncan & Jones be approved as submitted and that the Mayor be authorized to execute same on behalf of the City. ... It was noted that theaqreement with the new City Hall Archi- tect had been previously approved. Water Servo Deposits - A Report in regard to interest on water service deposits was noted. Discussion was had on the matter. Motion was made by Council- man Stout seconded by Councilman Childers and carried that interest on water service deposits not be paid to customers. Councilman Cunningham voted "no" on the motion. r " Fence Ord. Director of Public Works-City Engineer Hansen presented a re- port on the development of a fence ordinance change amending Sections 6.6 and 6.7 of the City Code noting the Planning Commissionls recom- mendations on same. Discussion was had on the matter. Council requested that said matter be tabled in order for Council and Staff to further study same. New City Hall Director of Public Works-City Engineer Hansen presented a recom- mendation to retain an Engineer to provide a Topographic Service of the new City Hall site. Motion was made by Councilman Pate seconded by Councilman Cunningham and carried that Garcia & Henry be retained to provide the City with topographic service for the City Hall Project ... as recommended. Councilman Stout voted "no" on the motion. ... Ind.Sewer Com. Councilman stout reported on the Industrial Sewer Committee's recommendation to authorize a maximum of $8,250.00 for engineering services of Harris & Associates for an Odor Control Study. Motion was made by Councilman Cunningham seconded by Councilman Link and carried that a maximum of $8,250 be allowed for engineering ser- vices of Harris & Associates for said Odor Control Study as recommended by the Industrial Sewer Advisory Committee of the Council. The Mayor reminded Council of the 9:00 a.m. Tour of City Halls on May 5, 1978. At 12:05 a.m., meeting. Tuesday, May 2, 1978, the Mayor adjourned the ~~~~C'h'ClO"