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Minutes 1979/03/05 4189 March 5, 1979 Gilroy, California 95020 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, John E. Pate, David V. Stout and Norman B. Goodrich; Absent: Council Member: Brian D. Cunningham. Intro.new The Mayor introduced new employee David Tesh, Park Ranger. Emp.-D.Tesh Consent Motion was made by Councilman Pate seconded by Councilman Link Calendar that the following items under the Consent Calendar be adopted by the fOllowing Roll Call Vote: Ayes: Council Members: Childers, Hughan, Link, Pate, Stout and Goodrich; Absent: Council Member: Cunningham. Minutes Approved the Minutes of the Regular Council Meeting of February 20, 1979; Ord.#79-8 re: Adopted Ordinance No. 79-8 Rezoning Property located at the Rezoning- southeast corner of Leavesley Road and Murray Avenue on approximately Leavesley 0.7 acres from M2 (General Industrial) to HC (Highway Commercial) Dist.; & Murray ORDINANCE NO. 79 - 8 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING A 0.7 ACRE PARCEL ON THE SOUTHEAST CORNER OF LEAVESLEY ROAD AND MURRAY AVENUE FROM M2 (GENERAL INDUSTRIAL) DISTRICT TO HC (HIGHWAY COMMERCIAL) DISTRICT. PASSED AND ADOPTED this 5th day of March, 1979, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, HUGHAN, LINK, PATE, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: CUNNINGHAM; Res.#79-10 re: Adopted Resolution No. 79-10 Renaming London Place in Aracdia St. Name Subdivision, Tract 6254, "Devon Place"; Change RESOLUTION NO. 79 - 10 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY RENAMING LONDON PLACE "DEVON PLACE". PASSED AND ADOPTED this 5th AYES: COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBER: COUNCIL MEMBER: day of March, 1979, by the following vote: CHILDERS, HUGHAN, LINK, PATE, STOUT and GOODRICH. None CUNNINGHAM: Res.#79-11 re: Adopted Resolution No. 79-11 Vacating the southerly 170 feet Alley Aban-of the Riblic Alley from First Street to Second and Eigleberry Streets; donment and .-' . 4190 .: RESOLUTION NO. 79 - 11 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ORDERING VACATION OF THE SOUTHERLY 170 FEET OF THE PUBLIC ALLEY FROM FIRST STREET TO SECOND AND EIGLEBERRY STREETS, RESERVING TO THE CITY EASEMENTS FOR ALL PUBLIC FACILITIES. PASSED AND ADOPTED this 5th day of March, 1979, by the following vote: AYES: ....... - COUNCIL MEMBERS: CHILDERS, HUGHAN, LINK, PATE, STOUT and GOODRICH. None CUNNINGHAM; ,.,.......'i NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Def.Dev.Agree.- Approved a Deferred Development Agreement with South Valley So. Valley Plaza Company, (Malcolm R. Riley). Plaza Co. ~ Bids re: 5th St. Fire Sta. The Mayor stated that this was the time and place scheduled for the Bid opening on sale of the fire station building at 55 Fifth Street. City Administrator Wood noted the correction dated February 21, 1979 in the Public Notice advertising the sale of said building. Mr. Edward Lazzarini inquired of the procedure by the City in receiving verbal offers for said property. The City Clerk opened and read the following bids: 1) Gold Seal Properties, Inc., San Jose $50,127.00 cash offer; 2) Lazzco, Inc. Morgan Hill $66,050.00 with terms for installment payments; 3) Verlyn & Fern Fellman and Griswold, San Jose - $67,500.00 with terms for install- ment payments; 4) Lohrey Enterprises, Gilroy $65,500.00 with terms for installment payments; 5) Betty Van Dyke, Gilroy - $66,000.00 cash; 6) De Bell Homes, Gilroy $65,200.00 with terms for installment payments; 7) Jeanne K. Filice, Gilroy - $65,000.00 with terms for installment pay- ments. It was determined that the highest cash bid was from Betty Van Dyke, Gilroy in the amount of $66,000.00. The Mayor called for verbal offers for 5% over the highest cash bid~ Dennis DeBell bid $69,300.00; Mr. Williams of Gold Seal Properties, Inc., San Jose bid $72,500.00 and corrected same to $72,765.00; Betty Van Dyke bid $76,403.00; Gold Seal Properties bid $85,000.00 cash; Verlyn & Fern Fellman and Mr. Oscar Griswold bid $90,000.00 to include terms of 10% interest, $25,000.00 down payment, balance payable in five (5) years with annual installments. - Motion was made by Councilman Pate seconded by Councilman Link that the cash offer bid of Gold Seal Properties in the amount of $85,000.00 be accepted pending satisfactory bid with 10% of the bid payable this evening. Councilwoman Hughan voted IInoll on the motion. Motion carried. Glu-Lam Beam A report on bids received for Glu-Lam Beam Repair at the Repair- Chestnut Street Fire Station was noted. Motion was made by Councilman Fire Sta. Link seconded by Councilman Pate and carried that the bid of Jack (Chestnut Ehrich in the amount of $5,158.00 be awarded as recommended. St. ) Pub.Hear.re: The Mayor stated that it was the time and place scheduled rezoning- for a Public Hearing on a rezoning request of Filice Estate Vineyards Filice Est.for 10.75 acres located on the east side of Wren Avenue, between First Vineyards and Third Streets. .,,:x;. Planning Director Dorn presented and explained the Staff Report regarding said proposal. - Mr. Randy Hall, Developer representing the doctors further explained the proposed plans for the said rezoning. Mr. Doug Dahlin, A.I.A. for the project addressed the Council and further explained the proposed plans for said rezoning. The Mayor asked if there was anyone in the audience wishing to speak for or against the matter. Mr. Don Redenbaugh, 1000 Ortega Circle, addressed the Council - .. \~. _w,,,,,~ ..... , ~ - 11I"" ... - - 4191 ,.. and presented a Petition containing 190 signatures of local citizens op- posing the 5.7 acres zoning from Montebello Drive southerly to approxi- mately Third Street and noted no opposition to rezoning of the northerly five (5) acres. Mr. Steve Wheeler, 960 Ortega Circle addressed the Council and further explained opposition to said rezoning, specifically opposed to alleged spot zoning. The City Attorney noted that PO Zoning is designed to be com- patible in an R1 Zone. The Mayor asked if there was anyone further in the audience that wished to speak on the matter. Mr. Darrell Shuck, Terra Sol Ltd., addressed the Council and further explained the traffic pattern proposal for said project. The Mayor asked if there was anyone further in the audience that wished 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 on the rezoning matter by Council. Res.#79-12 Motion was made by Councilman Link seconded by Councilwoman Hughan that the reading of Resolution No. 79-12 be waived and that it be ~dopted approving the rezoning request with conditions as recommended by the Planning Commission to include completion of Wren Avenue (curbs, gutter and street improvements) to Third Street and inclusion of a second access to the property until both proposed projects are completed. Councilman Stout voted "no" on the motion. RESOLUTION NO. 79 - 12 RESOLUTION OF THE CITY OF GILROY APPROVING A PO PLANNED UNIT DEVELOPMENT PERMIT, SUBJECT TO COMPLIANCE WITH THE PLANS, SPECIFICATIONS AND DESIGNS FILED WITH THE APPLICATION AND TO BE FILED AND APPROVED, AND THE CONDITIONS IMPOSED HEREIN, FOR DEVELOPMENT OF THAT 10.7 ACRE PARCEL LOCATED ON THE EAST SIDE OF WREN AVENUE OPPOSITE MONTEBELLO DRIVE. PASSED AND ADOPTED this 5th day of March, 1979, by the fOllowing vote: AYES: COUNCIL MEMBERS: CHILDERS, HUGHAN, LINK, PATE and GOODRICH. NOES: COUNCIL MEMBER: STOUT ABSENT: COUNCIL MEMBER: CUNNINGHAM. Recess The Mayor declared a recess at 9:39 p.m. and reconvened the meeting at 9:44 p.m. HCD Budget The Mayor stated that it was the time and olace scheduled for a Hearing Public Hearing on a proposed amendment to the City's Housing and Community Development (HCD) Program. HCD Grant Coordinator McGowan presented and explained the Staff Report on same, noting said proposed amendment to be for the landscaping at San Ysidro Park in the amount of $3,049.00. The Mayor asked if there was anyone in the audience wiShing to speak for or against the proposal. There was no comment from anyone in the audience. Motion was made by Councilman Pate seconded by Councilman Childers and carried that the Public Hearing be closed. Motion was made by Councilman Pate seconded by Councilwoman Hughan and not carried by the following Roll Call Vote to approve said amendment. Ayes; Council Members: Hughan, Pate and Goodrich; Noes: Council Members: Childers, Link and Stout; Absent: Council Member: Cunningham. Motion was made by Councilman Link seconded by Councilman Pate and carried that the Public Hearing be reopened and continued to the next regular Council Meeting of March 19, 1979. "d"_ .","'~'--'\' ~,.... '--'~"_~"_"" ~":::~',::"-::~~\."k~~,;,~~~':~..-"":"":' ,~:":;~-'" - ~_:::,:,,~',,:::_,_,:'~';;:.;..,.~~_",-"';'~-' - ~:"''::~~'''';':r;~,,:;;:'_;_~_~~ ,~',- . 4192 Municipal Crt. A letter from the Barrister's Clu~ of Santa Clara County in re: to Consolida-Consolidation of Municipal Courts was noted, same reagendized from February tion 20, 1979 Council Meeting requested by the Barrister's Club. There was no one present in the audience representing the Barrister's Club. ~... Mr. Steve Mellich, Attorney addressed the Council, representing the Gilroy-Morgan Hill Bar Association noting that said association has request- ed exclusion of the Gilroy-Morgan Hill District from the proposed consolida- tion and urged Council to attend the March 13, 1979 Board of Supervisor's Hearing at 9:30 a.m. Motion was made by Councilman Childers seconded by Councilman Stout and carried that the Mayor be authorized to notify each individual supervisor in Santa Clara County that the City requests exdlusion of the Gilroy-Morgan Hill District from the proposed consolidation. , I .~ f - ~- GPOA-Circus A letter from the Gilroy Police Officers' Association was noted re- questing to change a previously approved Circus Permit date. Motion was made by Councilman Pate seconded by Councilman Link and carried that the change requested be granted. Gen.Plan A request for a 45 day contract extension with Duncan & Jones in regard to the General Plan Revision was noted. Motion was made by Councilman Pate seconded by Councilman Link and carried that the 45 day contract extension be approved as requested. Councilwoman Hughan noted that she is the Council representative on the General Plan Advisory Committee and that there is a confllct of meeting dates since said General Plan Meetings have been scheduled on the same dates as the County Transportation Commission meetings. The Mayor did not appoint an alternate for said Advisory Committee, however Councilman Pate noted that he would fill-in as Alternate for Councilwoman Hughan. Bd.Supervisors A letter from the Board of Supervisors was noted in regard to City Responses by Staff. ..... -..- Downtown Parking A letter from the Wells Fargo Bank, Trust Department was noted in regard to H. S. Hersman property. Council noted their interest in the pro- perty and requested that the City Administrator determine what the downtown merchants intend to contribute toward the parking lot proposal prior to the City submitting a proposal to Wells Fargo Bank for said property. So. Co. Coal ition A letter from Mr. Tom S. Castle was noted in regard to forming a South County Coalition. Council took no action on same at this time. !' , " Plan. Com. 3-1-79 noted. The Report of the Planning Commission Meeting of March 1, 1979 was Filbro Dev. The Mayor presented a letter from Filbro Development Company appeal- Co~Rezon. ing the decision of the Planning Commission denying their rezoning request. Motion was made by Councilman Pate seconded by Councilman Link and carried that a Public Hearing date on said appeal be set for March 19, 1979. P.& R. Com. The Minutes of the Parks and Recreation Commission Meeting of Feb- 2-27-79 ruary 27, 1979 and the Minutes of the Senior Citizens' Advisory Council Meeting of January 16, 1979 were noted. - ...,':"~ personnel Com. The Report of the Personnel Commission Meeting of February 27, 2-27-79 1979 was noted. Lib.& Cult. Com. The Minutes of the Library and Culture Commission Meeting of Feb- 2-6-79 ruary 6, 1979 were noted. ... - Monthly Reports The Summary of Monthly Reports of January 1979 was noted. , , ",.~.~._ ~,.....V'..\J04"""""-""'M!-"!\M."""""'N,...'A.'';~'''''~"",","''.__'''''.''fI,.",.-n_o\--\''''''''"-t>~' ~"'~"""""...................."'''''''''''~fr,..~~jt~~....:':_'':'''..,d'''''~'.''--_-<_'''''''''''''''~'''''-'~~.~..I...".J-.........A......__-1o...._...'",........""__-to-~_..................,._...............~~.JI<<....~ 4193 Disbursements The Report of Disbursements from February 1, 1979 through February 28, 1979 was noted. 'jlllilit'''i,,~'4i A request for Council authorization to pay reclaimed water Reclaimed charges for the Golf Course was noted. Motion was made by Councilman Water Golf Pate seconded by Councilman Link and carried that reclaimed water Course charges for the Golf Course be aooroved for this year and that a Budqet Amendment for same be authorized. .- Burglar Alarm A report on a proposed Burglar Alarm Ordinance was noted and Ord. further explained by Police Chief Laizure. Discussion was had. Motion was made by Councilman Pate seconded by Councilman Link and carried that Staff prepare a condensed ordinance for introduction at the April 2, 1979 regular Council Meeting, since the City Attorney requested to be excused from the March 19, 1979 Council Meeting. Court Consoli- The Police Chief's critique on court consolidation was noted dation as informational. Res.#79-13 Motion was made by Councilman Stout seconded by Councilman Pate that the reading of Resolution No. 79-13 be waived authorizing the filing of an application for a certificate of consent to self insure for Workers' Compensation Insurance and that it be adopted. ~~-;,. RESOLUTION NO. 79-13 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING THE FILING OF AN APPLICATION FOR A CERTIFICATE OF CONSENT TO SELF-INSURE THE PAYMENT OF WORKERS' COMPENSATION AS PROVIDED BY SECTION 3700, LABOR CODE OF CALIFORNIA. PASSED AND ADOPTED this 5th day of March, 1979, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, HUGHAN, LINK, PATE, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: CUNNINGHAM. ..... \ , Res.#79-14 Motion was made by Councilman Pate seconded by Councilman Childers that the reading of Resolution No. 79-14 be waived setting a hearing date of March 19, 1979 at 8:00 p.m. and subsequent authoriza- tion to file actions in Eminent Domain for the New Sewer Interceptor Project. RESOLUTION NO. 79 - 14 RESOLUTION OF INTENTION TO ADOPT A RESOLUTION DETERMINING THAT PUBLIC INTEREST AND NECESSITY REQUIRE ACQUISITION OF PROPERTIES FOR PUBLIC PURPOSES AND AUTHORIZING EMINENT DOMAIN PROCEEDINGS. PASSED AND ADOPTED this 5th day of March, 1979, by the fOllowing vote: AYES: COUNCIL MEMBERS: CHILDERS, HUGHAN, LINK, PATE, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: CUNNINGHAM. ,..... Res.#79-15 Director of Public Works-City Engineer Hansen presented a request for authorization to file an application for Grant Funds for the new City Hall construction project. Motion was made by Councilman Childers seconded by Councilman Pate that the reading of Resolution No. 79-15 be waived and that it be adopted authorizing filing of said ap- plication. .... - RESOLUTION NO. 79 - 15 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING THE FILING OF AN APPLICATION FOR GRANT ASSISTANCE FOR THE CITY HALL CONSTRUCTION PROJECT. PASSED AND ADOPTED this 5th day of March, 1979, by the followinq vote: AYES: COUNCIL MEMBERS: CHILDERS, HUGHAN, LINK, PATE, STOUT and GOODRICH. ..... r- 4194 I I " NOES: ABSENT: COUNCIL MEMBERS: None COUNCJL MEMBERS: CUNNINGHAM. We 11 #6 Project Director of Public Works-City Engineer Hansen requested authori- zation to Chappell Pump to proceed with the purchase of certain items of equipment for Well #6 Project, noting a 10% increase in the cost for materials for said project. Motion was made by Councilman Link seconded by Councilman Pate and carried that Chappell Pump be authorized to proceed to purchase certain items of equipment for Well #6 Project as recommended. Sewer Agree- Councilman Stout reported that the Sewer Advisory Committee ment recommends authorization for approval of the Revenue Funding portion of the Revenue Study Services contract provided 87~% is grant fundable by the State and Federal Governments and noting that the Committee is still negotiating for the balance of the service contract. Motion was made by Councilman Link seconded by Councilman Childers and carried that the Revenue Funding portion of the Agreement be approved provided same is grant fundable as recommended. Growth Manage. Councilwoman Hughan noted that the proposed Growth Management Plan Plan should be completed for Council review at the next regular Council Meeting. Sewer Adv.Com. City Administrator Wood noted the need for a Sewer Advisory Com- mittee Meeting on March 8, 1979 with Harris & Associates tentatively sch- eduled for 9:00 a.m. General Plan noted. The General Plan Study Meeting of March 14, 1979 at 2:00 p.m.was Adjournment At 10:45 p.m. the Mayor adjourned the meeting. Respectfully submitted, ~~~ . City Cl e k Rc Ini v.( Cor Cal Mim "'.1~~,~'~'."C....,~_~f.:-~_,_~.~,j~'~''''''':1'-'''-'~'''~-~'~~~-''-..-o:~~~:~:'~:~~~_-!_~",":~~\'i..'~_',~'-l._.'4'~~~~__""'4-~~"",,_~-_,,,..4...>,_...~~~~:"""'~:::"""'---..__~~