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Minutes 1978/11/20 Roll Call Consent Calendar Minutes Salary Increase Res. #78-90 Weed Abate. Pub.Hear. Rezoning- G.Wojahn, et al Ord. #78-33 Rezoning- Davidson " 4155 November 20, 1978 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:00 p.m. Present: Council Members: Brian D. Cunningham, Robert H. Hughan, Marion T. Link, John E. Pate and Norman B. Goodrich. Absent: Council Members: William E. Childers and David V. stout. Motion was made by Councilman Cunningham seconded by Councilman Link that the following items under the Consent Calendar be adopted by the following Roll Call Vote: Ayes: Coucnil Members: Cunningham, Hughan, Link, Pate and Goodrich. Absent: Council Members: C~ilders and stout. Approved the Minutes of the Regular Council Meeting of November 6, 1978; Approved a Salary Achievement Increase for Joe Barrientez, Public Works Maintenance II, Range 27 from step D, $1090/mo. to Step E, $1144/mo.; Adopted Resolution No. 78-90 Declaring Weeds to be a Public Nuisance, describing same, providing for publication thereof and set December 4, 1978, as a public hearing for objection to proposed destruc- tion or removal of said weeds; RESOLUTION NO. 78-90 RESOLUTION OF COUNCIL OF THE CITY OF GILROY DECLARING CERTAIN WEEDS GROWING IN THE CITY OF GILROY TO BE A PUBLIC NUISANCE, DESCRIBING WEEDS WHICH CONSTITUTE SUCH NUISANCE AND PROVIDING FOR GIVING NOTICE OF THE ADOPTION OF THE RESOLUTION BY PUBLICATION THEREOF. PASSED AND ADOPTED this 20th day of N~vember, 1978, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, LINK, PATE, and GOODRICH COUNCIL MEMBERS: None COUNCIL MEMBERS: CHILDERS and STOUT; re: Set December 4, 1978, as a public hearing date on a request of Gary Wojahn, et aI, to rezone property located approximately 875 feet southeast of the intersection of Mesa Road, Thomas Road and Miller Avenue from IZ to Rl District, containing approximately seven (7) acres; re: Adopted Ordinance No. 78-33 rezoning property of Charles W. Davidson located at the southeast corner of First Street and Santa Teresa Boulevard, containing 3.31 acres of land from Rl to Cl District; 1.]1 4156 Sign Appeal K.Chang, Pacheco Pass Motel Dev. & Def. Agreements I. ___L_ JL~ __ - ...,.,....- ORDINANCE NO. 78-33 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING A 3.31 ACRE PARCEL ON THE SOUTHEAST CORNER OF FIRST STREET AND SANTA TERESA BOULEVARD FROM Rl (SINGLE FAMILY RESIDENTIAL) TO Cl (NEIGHBORHOOD COMMERCIAL) DISTRICT. PASSED AND ADOPTED this 20th day of November, 1978, by the following vote: AYES: NOES: ABSENT: - ... COUNCIL l-mMBERS: CUNNINGHAM, HUGHAN, LINK, PATE and GOODRICH COUNCIL MEMBERS: None COUNCIL MEMBERS: CHILDERS and STOUT; - Set December 4, 1978, as a hearing date on an appeal of Mr. K. Chang re: sign variance denied by the Planning Commission. .... Approved a Development Agreement with Manuel Espinosa for~ new warehouse on East Ninth Street; and Deferred Development Agree- ments with Mr. S. Yamanaka, for a new building on property recently annexed to the City; Drewitz, Fortino & Perino for apartments at Seventh and East Streets; and James and Janet Clifford for commercial expansion on East Ninth Street. Demolition Bids A Report on Demolition Bids re: Buildings at the New City re:New City Hall project was noted and recommended by City Administrator Wood Hall Proj. to defer and continue the award of same. Pub.Hear. re: Filice Est. vyds. re- zoning The Mayor stated that it was the time and a public hearing on a rezoning request of Filice property located on the east side of Wren Avenue taining 10.7 acres from Rl to PO District. place scheduled for Estate Vineyards for at Montebello, con- Planning Director Dorn presented and explained the Staff Report regarding same. - The Mayor asked if there was anyone in the audience wishing to speak on the proposed rezoning. .... Mr. Tim Filice, representing the applicant, addressed the Council and further explained the proposed rezoning. Mr. Darrell Shuck, Terra Sol, Ltd., addressed the Council summarizing traffic impacts per the initial studies for said property. He also submitted a petition in favor of said rezoning. The Mayor asked if there was anyone in tbe audience wishing to speak on the proposed rezoning. Mr. Donald R. Redenbaugh, 1000 Ortega Circle, addressed the Council representing the petitioners in opposition to said rezoning requesting that a secondary access street, specifically, Second street, be extended into the proposed subject plans to alleviate the traffic problem expected to occur at said location. The Mayor noted that the petition in opposition to the rezoning contained 49 signatures and the petition in favor of said rezoning contained 32 signatures. Mr. Verne Potter, 1120 Ortega Circle, addressed the Council and noted that if the duplexes were occupied, the petition in opposi- tion to the rezoning would contain twice the amount of signatures obtained. ~ .... 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 proposed rezoning. Councilman Cunningham recommeded that Staff further study the proposal, specifically, advisability of having two (2) story build- ings in the area surrounded on the east and west by single family dwellings; the traffic pattern; and the advisability of whether a median strip from the Castlewood Center to Third Street might be an alternate that should be considered; and also, the previous policies ~ ... 4157 that were on this parcel regarding the Second Street extension issue and the buildout schedule question. "':"'!lI. .... Motion was made by Councilman Cunningham seconded by Councilman Pate and carried that the public Hearing be re-opened and continued to the December 18, 1978, regular Council Meeting in order for Staff to respond to the questions raised by Council. - Pub.Hear. re: L & L Enterprises The Mayor stated that it was the time and place scheduled for a public hearing on a rezoning request of L & L Enterprises for property located on the southeast corner of Pierce and Church Streets, containing 1.58 acres from M2 to CM District. ..... Planning Director Dorn presented and explained the Staff report reg arding same. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposed rezoning. Mr. Chuck O'Dell, representing L & L Enterprises, addressed the Council and noted that he was present to answer any questions regarding the proposed rezoning. 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. Motion was made by Councilman Link seconded by Councilman Pate 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 Link and carried that the reading of the proposed ordinance rezoning said property be waived and that it be published by title and summary. 3rd HCD The Pub.Hear. Mayor stated that it was the time and place scheduled for the Third Public Hearing on HCD Fifth Year Application under the Housing and Community Development Act of 1977. .... The Staff report submitted with the November 6, 1978, Counc il agenda at the second public hearing was noted. HCD Grant Coordinator McGowan addressed the Council and presented and explained an additional staff report recommending that the public hearing be continued to the December 4, 1978, regular Council Meeting due to the fact that the funding figures have not been received to date. The Mayor asked if there was anyone in the audience wishing to speak on the matter that cannot be present at the continued public hearing. Mr. Rudy Melone addressed the Council in regard to alternative uses of the funds and submitted copies of same to Council. The Mayor asked if there was anyone further in the audience wishing to speak on the matter that cannot be present.at the continued public hearing. Mr. Jose Ulibarri addressed the Council requesting that moderate and low income housing be given priority for HCD funding. ........ The Mayor asked if there was anyone further in the audience wishing to speak on the matter that cannot be present at the continued public hearing. There was no comment from anyone in the audience. .... Motion was made by Councilman Pate seconded by Councilman Link and carried that the Public Hearing be continued to December 4, 1978, as recommended by Staff. - CIQsed Hearing The Mayor noted that it was the time and place for the continued re: Ray Closed Hearing re: termination of Mr. Ray Salgado. He further noted Salgado that Council was not interested in hearing further testimony in regard to same but the continuation was for Council deliberations and action on same. Mr. Callaghan, representing Mr. Salgado, concurred. ...... ,,~,..:.. u.._o _ _ . [ 4158 Motion was made by Councilman Link seconded by Councilman Pate that the decisions of the Personnel Commission and City Administrator to terminate Mr. Ray Salgado be upheld by the follow- .. ing Roll Call vote: Ayes: Council Members: Cunningham, Hughan, Link, Pate and Goodrich. Absent: Council Members: Childers and __ Stout. The Mayor deviated from the regular agenda in order to accommodate interested persons in the audience. Rec. Vehicle OWners A report on a meeting with recreation vehicle owners was noted and further explained by Police Chief Laizure recommending that a Council Committee work directly with the recreational vehicle owners. .... .... A letter from the Gilroy Recreational Vehicle Owners' Associa- tion was noted. Mr. Harold Dunn addressed the Council concurring with the Police Chief's recommendation. The Mayor appointed Council Members Hughan, Cunningham, and Link to meet with the present committee to propose an agreeable ordinance with all parties concerned. City Facilities Requests for use of city facilities were noted: Letters from Mr. R. DeRouen, Gilroy JA Community Coordinator, and Mr. F. Jones, County Department of Rehabilitation. Council noted their concern about allowing organizations to use the Fifth Street Fire Station building when bids have been ad- vertised to be opened for the sale of same on December 18, 1978. Mr. DeRouen addressed the Council and explained the proposal of the Junior Achievements in the community requesting that Council allow use of the Fire Station Building on Fifth Street even if it may be of a temporary nature. ..... -- The Council decided to take no action on same at this time but to consider requests to use said building after action on the sale of same at the Detember 18, 1978, Council Meeting. Mr. Al Youngwerth addressed the Council and urged Council to allow the Junior Achievements to use the Fire Station even if it may be on a temporary basis. Ms. Rita Bilas, Gilroy Foods, addressed the Council noting that this company is one of the sponsors of Junior Achievements noting that one of the proposed products would be Christmas wreaths and that the area needed would be minimal and could be on a temporary basis. City Administrator Wood noted that the Downtown Merchants' Association had previously requested use of this building for a Christmas wrapping station during the holidays. Motion was made by Councilman Pate seconded by Councilman Link and carried that the City Administrator be authorized to make avail- able whatever space can be utilized between now and Christmas time for both the Junior Achievements and Downtown Merchants' Association. Council also noted that the City Administrator be instructed to in- vestigate if there was any city property available for the County Department of Rehabilitation. City Administrator Wood noted that he does not know of anything available for same. ... - The Mayor continued with the regular agenda. Res. #78-91 re: Mr. Dave Sorenson, P. G. & E. Manager, addressed the Council Underg~ound and gave a status report on the Underground Utility Project request- Utility Proj.ing an extension of said project under Resolution No. 77-41 from December 31, 1978, to June 30, 1979. ... .... "';aI - ...... Wastewater Treat. Pl. Facilities 4159 Motion was made by Councilman Pate seconded by Councilman Link and carried that the reading of Resolution No. 78-91 be waived and that it be adopted authorizing the Underground Utility Project (p. G. & E.) to be extended from December 31, 1978, to June 30, 1979, as requested. RESOLUTION NO. 78-91 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DELAYING THE COMPLETION DATE FOR UNDERGROUND UTILITY DISTRICT NO.1. PASSED AND ADOPTED this 20th day of November, 1978, by the following vote: AYES: COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, LINK, PATE and GOODRICH NOES: COUNCIL MEMBERS: None ABSENT: COUNCIl'- MEMBERS: CHILDERS and STOUT Mr. David Freyer, Consoer Townsend & Associates, addressed the Council and reviewed the plans and specifications for the new Wastewater Treatment Plant Facility recommending that Council set a date for adver- tising bids for same. Motion was made by Councilman Pate seconded by Councilman Link and carried that January 24, 1979, at 2:00 p.m., be set for receiving bids for the Wastewater Treatment Plant Facility and that a report on same be on the February 5, 1979, regular Council Meeting. The Mayor asked if there was anyone in the audience wishing to speak on any matter not on the agenda. Ms. Cathie Jorgensen addressed the Council requesting Council decision on the Advisory Measure G. It was noted that Council would do same after the adoption of the official canvass of the votes cast for said measure; same expected to be approved by Council at the December 4, 1978, regular Council Meeting. J. Blackstone A request from Mr. Jim Blackstone for extension of his temporary Temp.Trailer trailer permit, expiring December 1, 1978. Motion was made by Council- Permit man Pate seconded by Councilman Link and carried that a one (1) year extension, expiring December 1, 1979, be granted Mr. Blackstone for said temporary trailer. ~o~ '''ll. - Gen. Mun. Election Plan. Com. Report 11/16/78 Eastside Pk. Mural Proj. ,...... ...... Dev. of prop. San Martin Area ,..,.... - The following infomrational item was noted with no separate discussion on same. A report on the General Municipal Election date change. The report of the Planning Commission meeting of November 16, 1978, was noted. Parks and Recreation Director Ayer reported on a proposed Mural Project at Eastside Park. Mr. Ray Romo further explained said project. Motion was made by Councilman Pate seconded by Councilman Cunning- ham and carried that the proposed mural project be approved as presented noting Council request that earth tone colors be used for same. Mr. Romo agreed. Councilman Pate noted concern about development of property in the san Martin area in regard to the City's input on a particular project. Specific concern was noted in regard to the proposal of Casa de Fruta and the industrial development proposed adjacent to the South County Airport. Planning Director Dorn noted that it was his understanding that the City did not respond to said projects as the County had informed him that one of the projects was continued for five (5) months and one project had already been approved by the County. It was requested by Council to have Staff determine from the County their action on said project and if either project was temporarily continued. 4160 ... CETA Employees Councilman Link recommended that the City Administrator recommend to Council which CETA positions he wishes permanent employees due to the new CETA restrictions whereby a CETA employee will have to be terminated if in a CETA position for a certain period of time; noting that said rules will become effective septem- ber 1979 and Council could allow for permanent employees in the new 1979-80 Budget. ;, Bldg. & Const. City Administrator Wood recommended establishing a Special Fund Building and Construction Fund from General Fund monies. Motion was made by Councilman Pate seconded by Councilman Cunningham and carried that a Building and Construction Fund be established by transferring $900,000 from the General Fund to accomplish said transaction recommended by the City Administrator. Community volvement Corranittee In- City Administrator Wood presented a request of the School District for a Council Member on a Community Involvement Committee. The Mayor appointed Councilman Childers to represent the Council on said Committee. Arch. & Site Control Committee Discussion was had in regard to the Architectural and Site Control Committee ordinance providing for an Alternate Member for a Council representative on said Committee. Motion was made by Councilman Pate seconded by Councilman Link and carried that the City Attorney be instructed to prepare an ordinance to eliminate the provision in the Architectural and Site Control Committee ordi- nance that provides for an Alternate Member for a Council representa- tive on same. Adjournment At 10:34 p.m., the Mayor adjourned the meeting. Respectfully submitted, ~lU~) ?-- '4- ~ City Clerk