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Minutes 1979/06/04 4226 Roll Call Consent Calendar Minutes Res. #79-45 PUD-Wood- worth Prop. " June 4, 1979 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by His Honor Hayor Protempore John E. Pate at 8:00 p.m. Hayor Protempore Pate noted that Mayor Goodrich will be in Europe this month. Present: Council Members: William E. Childers, Brian D. ,Cun- ningham, Roberta H. Hughan, Marion T. Link, David V. Stout and John E. Pate. Absent: Council Member: Norman B. Goodrich. City Administrator Wood noted that Item "F" regarding setting the Public Hearing on the 1979-1980 proposed Budget, that copies of same are available at the City Clerk's Office and the Gilroy Public Library. City Administrator Wood noted that Item "I" regarding damage and injury claims under the Consent Calendar would be denial of same with a "yes" vote. Mayor Protempore Pate requested removal of Item "H" setting a Public Hearing on the proposed General Plan to be discussed under the City Administrator's reports. Motion was made by Councilman Cunningham seconded by Council- man Link that the following items under the Consent Calendar be approved as recommended by the following Roll Call Vote: Ayes: Council Members: Childers, Cunningham, Hugh an , Link, Stout and Pate. Absent: Council Member: Goodrich. Approved the Hinutes of the Regular Council Meeting of May 21, 1979; re: Adopted Resolution No. 79-45 approving an Rl PUD Permit sub- ject to certain conditions for development of a 24.1 acre parcel located on the west side of Honterey Street approximately 500 feet southeast ."."__.....,.",~...._v.'~..,....._....~ ""'-"...~. '-'~ :. ....~..~-... -.',. ,.' ._", .~~, ._......,....;...., h"'4n'~J 4227 of Farrell Avenue (Woodworth Property) Barnett-Range Corp., applicant. RESOLUTION NO. 79-45 - - RESOLUTION OF THE CITY OF GILROY APPROVING AN Rl PLANNED UNIT DEVELOPMENT PERMIT, SUBJECT TO COMPLIANCE WI~I THE PLANS, SPECIFICATIONS AND DESIGNS FILED WITH THE APPLICATION AND TO BE FILED AND APPROVED, AND THE CONDITIONS IMPOSED HEREIN, FOR DEVELOPMENT OF THAT 24.03 ACRE PARCEL LOCATED ON THE WEST SIDE OF MONTEREY HIGHWAY SOUTH OF FARRELL AVENUE AND 160 FEET NORTH OF LIMAN AVENUE. PASSED AND ADOPTED this 4th day of June, 1979, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, STOUT and PATE C OUNC IL . MEMBERS: None COUNCIL MEMBER: GOODRICH; -.....; NOES: ABSENT: Res. #79-46 re: Adopted Resolution No. 79-46 approving Cl and R3 PUD Permit subject PUD-Kawano to certain conditions for development of a five (5) acre parcel located Property on the northwest corner of Kelton Drive and First Street, Tom H. and Grace C. Kawano, applicant. RESOLUTION NO. 79-46 RESOLUTION OF THE CITY OF GILROY APPROVING A Cl AND R3 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 5 ACRE PARCEL LOCATION ON THE NORTHWEST CORNER OF KELTON DRIVE AND FIRST STREET. PASSED AND ADOPTED this 4th day of June, 1979, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, STOUT and PATE COUNC IL MEMBERS: None COUNCIL MEMBER: GOODRICH; NOES: ABSENT: ~'''1ll: Ord. #79-11 Pre zoning Larkin Prop. Adopted Ordinance No. 79-11 prezoning a 1.7 acre parcel adjoining the City on the southwest corner of Renz Lane and Ninth Street, east of the South Valley Freeway as M2 (General Industrial) District, Thomas A. Larkin, applicant. ........ ORDINANCE NO. 79-11 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF CITY BY PREZONING A 1.7 ACRE PARCEL ADJOINING THE CITY OF GILROY SOUTHWEST CORNER OF RENZ LAND AND NINTH STREET EAST OF THE SOUTH FREEWAY AS M2 (GENERAL INDUSTRIAL) . PASSED AND ADOPTED this 4th day of June, 1979, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, STOUT and PATE COUNCIL MEMBERS: None COUNCIL MEMBER: GOODRICH; SAID ON THE VALLEY NOES: ABSENT: Ord. #79-12 Rezoning-J. Duran Adopted Ordinance No. 79-12 rezoning a 1.3 acre parcel at 201 Welburn Avenue located at the northwest corner of Welburn Avenue and Church Street from M2 (General Industrial) to C2 (General Commercial) District, James Duran, applicant; ORDINANCE NO. 79-12 ...... ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING A 1. 3 ACRE PARCEL AT 201 t.vELBURN AVENUE AT THE NORTH- WEST CORNER OF WELBURN AVENUE AND CHURCH STREET FROM H2 (GENERAL INDUSTRIAL) DISTRICT TO C2 (GENERAL COMMERCIAL) DISTRICT. PASSED AND ADOPTED this 4th day of June, 1979, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, STOUT and PATE COUNCIL MEMBERS: None COUNCIL MEMBER: GOODRICH; ..... NOES: ABSENT: .,."- Set Pub. Hear. Set June 18; 1979, as a public hearing date on the 1979-1980 re: 1979-80 proposed budget; Budget - 4228 Intro. Ord. Amend. Sec. 15.43(21) City Code re: Welburn thru St. except. Claims Introduced a proposed ordinance to be published by title and summary amending Section 15.43(21) of the City Code removing Welburn Avenue intersection at Wayland Lane from through street designation per Resolution No. 79-41 adopted May 21, 1979, providing a 4-way stop sign at Welburn Avenue and Wayland Lane; ... .. Denied the following damage and injury claims: (1) Mrs. Mary Kathryn Rodgers & Daughter - it was noted that the location of this alleged accident is outside of Gilroy's jurisdiction; (2) Mr. Joe Gracia; (3) Mr. Eric Dickens Evanchak; (4) Ms. G. H. Loesch, et al; Old City Hall Heard a proposal from Roger and Jeffery Hoffman to purchase the old City Hall property. .... ... Mr. Roger Hoffman, representing Hoffman & Associates addressed the Council and further explained the proposal and gave a slide pre- sentation in regard to same. Discussion was had by Council. ~10tion was made by Councilman stout seconded by Councilman Link and carried that Hoffman and Associ- ates be thanked for said proposal and recommended that the Mayor Pro- tempore appoint a Council Advisory Committee to determine what the future of the old City Hall Building should be and in which way they wanted to proceed with said property. Pub. Hear. re: Mayor Protempore Pate stated that it was the time and place Abandonment scheduled for a public hearing on intention to abandon a portion of of portion Ninth Street between Renz Lane and U. S. Highway 101. of 9th St. Res. #79-47 Petition re: Limited Pkg. Eigleberry St. Director of Public Works-City Engineer Hansen presented Staff's report on same. Mayor Protempore Pate 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 Link seconded by Councilman Cunningham and carried that the public hearing be closed. ...... .... Motion was made by Councilman Link seconded by Councilman Stout that the reading of Resolution No. 79-47 be waived and that it be adopted abandoning said portion of Ninth Street as recommended. RESOLUTION NO. 79-47 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ORDERING VACATION OF A PORTION OF NINTH STREET BE~r.EEN RENZ LAND AND U. S. HIGHWAY 101, RESER- VING TO THE CITY EASEMENTS FOR ALL PUBLIC FACILITIES. PASSED AND ADOPTED this 4th day of Juen, 1979, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, STOUT and PATE. COUNCIL MEMBERS: None COUNCIL MEMBER: GOODRICH NOES: ABSENT: A petition from residents in the vicinity of Eigleberry Street between First and Second Streets was noted, requesting limited parking. City AQministrator Wood noted that Mr. George Lawton, Bank of America, was unable to attend this meeting to represent the Bank's side of the issue and had requested a continuance late this afternoon. ... Mayor Protempore Pate noted that Council would hear those present in the audience wishing to speak on the matter. ...... Mr. Ernest Harrison, representing the petitioners, addressed the Council and further explained the request, specifically, to estab- lish limited two (2) hour parking on Eigleberry Street between First and Second Streets between 8:00 a.m. and 6:00 p.m., excluding Satur- days, Sundays and holidays, and further requested that the Police Department enforce said limits. - - Mayor Protempore Pate asked if there was anyone further in the audience wishing to speak on the matter. ~,'- II!"'- Petition re: Mesa Rd. Property- Assess. Dist. ..... ~ D.Christopher Property- Mesa Rd. ...... - - - 4229 Dr. Daniel Palmerlee, III Second Street, addressed the Council concurring with Mr. Harrison's request and supported the petition, noting that he had signed same. Motion was made by Councilman Childers seconded by Councilman Cunningham and carried that the matter be continued to the Juen 18, 1979, regular Council Meeting to allow a representative from the Bank of America to speak on the issue and that they and residents in the area be notified of said meeting. Mayor Protempore Pate noted that he was in receipt of a petition from Gary Wojahn, et aI, requesting the City to form an Assessment District for properties on Mesa Road for a street improvement. Director of Public Works-City Engineer Hansen explained that prior to adoption of a Resolution of Determination and of Intention, if the City desired to form an assessment district, a resolution to the County of Santa Clara requesting granting extra-territorial jurisdiction would be in order. Discussion was had in regard to lot splits on the one acre parcels to one-half acre parcels. Council noted that they would concur with the formation of an assessment district requested if the one acre parcels re- mained, noting that it was the City's intention to allow Single Family residences on the nine lots in question as long as they remained one acre sites. Mayor Protempore Pate asked if there was anyone in the audience wishing to speak on the matter. Mr. Bill Hunter, owner of Parcel #9 fronting on Mesa Road addressed the Council, noting that he objected to the formation of an assessment district. Mr. Gary Wojahn addressed the Council noting that he did not agree with the Council that they had previously ordered the one acre parcels to remain, with lot splits not to be allowed. Mayor Protempore requested that the next Agenda item of Mr. Martin Chappell regarding property adjacent to the proposed assessment district be heard prior to action regarding the assessment district. A letter from Mr. Martin Chappell requesting inclusion of adjacent property to the proposed assessment district was noted. further noted that the property is owned by Mr. Don Christopher. the It was Mr. Martin Chappell, representing the owner, addressed the Council further explaining the request and proposed development of said property. Discussion was had by Council on the matter. Motion was made by Councilman Link seconded by Councilman stout and carried that the request for subdivision of the lands of D. Christopher property be denied. Discussion was had in regard to formation of the proposed assessment district on Mesa Road. Motion was made by Councilman Link seconded by Councilman Stout that the minutes of the City Council be checked to determine action taken in regard to the one acre parcels being allowed single family construction on same at the time they requested inclusion in the Urban Service Area and that action on the formation of an assessment district be continued to the June 18, 1979, Council meeting. Mayor Protempore Pate asked if there was anyone in the audience wishing to speak on any matter not on the agenda. There was no comment from anyone in the audience. Mayor Protempore Pate continued on with the regular agenda. 4230 Underground storage of Fuel Tanks Ord. #79-13 Medevac Pro~ posed Lease) Requests of Cullen Electric Service and George W. White were noted for use of existing underground fuel storage tanks. Discussion was had by Council on the matter. .... Fire Chief Brittain further explained the matter noting that he had no objection to use of existing underground storage tanks con- taining flammable liquids if same had inspection and permit to operate same. ... Motion was made by Councilman Stout seconded by Councilman Link that the reading of Emergency Ordinance No. 79-13 be waived and that it be adopted amending section 16.33 of the City Code prohibiting installation of underground storage fuel tanks in residential areas adopted May 7, 1979, by permitting storage of flammable liquids in underground tanks that were installed prior to May 7, 1979, with the condition that said tanks be inspected and a no-fee permit be issued by the Fire Department. ..... - ORDINANCE NO. 79-13 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION GILROY CITY CODE PROHIBITING UNDERGROUND STORAGE OF IN RESIDENTIAL AREAS. PASSED AND ADOPTED on this AYES: COUNCIL MEMBERS: 16.33 OF THE FLAMMABLE LIQUIDS NOES: ABSENT: 4th day of June, 1979, by the CHILDERS, CUNNINGHAM, HUGHAN, and BATE None GOODRICH following vote: LINK, STOUT COUNCIL MEMBERS: COUNCIL MEMBER: Mr. Sam Yamanaka addressed the Council noting that he is presently using an underground storage tank with a permit issued twenty-three (23) years ago and noted that same is necessary for his farming operation. Mayor Protempore Pate deviated from the regular agenda in order to accommodate interested persons in the audience. City Administrator Wood presented a report on Medevac (Para- medics) proposal to lease space at the City Fire Station. -- - Mr. Gary Orr, County Health Department Emergency Medical Services, addressed the Council and further explained said proposal. Mayor Protempore Pate asked if there was anyone in the audience wishing to speak for or against the matter. Mr. Raymond Bell, AAA Ambulance Company, Santa Clara, addressed the Council and explained available ambulance service to the residents of the City of Gilroy. Mr. E. Holdaway, local ambulance owner, addressed the Council ano noted that he was intending to discontinue said ambulance service. He inquired of service to local residents if both the Gilroy and Morgan. Hill units were in North County. Mr. Larry Flansburg, representing Medevac, addressed the Council further explaining the proposal. Fire Chief Brittain, addressed the Council noting that he has no objection to the proposal to house the requested Medevac units at the Chestnut Street Fire Station. lIIIlIIlIII Motion was made by Councilman Link seconded by Councilman Cunningham and carried that the agreement with Medevac for rental of the Chestnut Street Fire Station at $250.00 per month be approved as presented. .... City Administrator Wood noted that Council would be required to adopt a resolution at the June 18, 1979, regular meeting declaring the public convenience and necessity for the Medevac Unit and one additional ambulance company as required by ordinance. - ..... Mayor Protempore Pate continued on with the regular agenda. 4231 .....,..,.,,~~ Nominations re: Mayor Protempore Pate noted that he would take under adivsement Historic and appoint nominations for excellence in Historic Resources Preservation Resources requested by the County Historical Heritage Commission. -.. H.S. Hersman Property ~...'''''!I City Administrator Wood presented a letter from Wells Fargo Bank, Trust Department, in re: to the H. S. Hersman Property, informing the City that the .$86,000.00 offer is in the "ball-park" for said property. City Administrator Wood requested that the City meet with the Downtown Merchant's Association this week in regard to said matter. Meet & Confer City Administrator Wood also noted the necessity of meeting with Mr. Ed Reith, Meet and Confer Negotiator, some time this week, preferably June 7, 1979, at 4:00 p.m. ..... So. Valley Refuse Disposal Gasoline Price Posting P & R Com. 5/22/79 ....",'.. - Personnel Com. 5/23/79 Recreation Classifica- tion Council concurred with a Council Advisory Committee Meeting the Downtown Merchants' Association on June 7, 1979, at 3:00 p.m. Protempore Pate appointed the following as said Advisory Committee meeting with the Downtown Merchants' Association: Council Members Chairman, Cunningham and Link. with Mayor for Stout, A letter from the South Valley Refuse Disposal, Inc., was noted in regard to their contract notification for renewal as nequired by the present agreement. A letter from the Board of Supervisors was noted requesting a similar ordinance for posting gasoline prices. Council deferred action on same at this time to determine the City's requirements for gasoline price signs in service stations. The Minutes of the Parks and Recreation Commission Meeting of May 22, 1979, were noted. The Minutes of the Senior Citizens' Advisory Council Meeting of April 17, 1979, were noted. The Report of the Personnel Commission Meeting of May 23, 1979, was noted. Inst. Discussion was had on the recommendation for classification of Recreation Instructor. Personnel Commissioner McIntosh addressed the Council noting that the recommendation for classification of Recreation Instructor would not have been made by the Commission is there would be any additional costs including insurance, etc., to the City. Council referred the matter to the City Administrator to report back to Council in regard to additional costs, if any, regarding the classification recom-. mended for Recreation Instructor. Monthly Reports The Summary of Monthly Reports of April, 1979, was noted and dis- cussed. Council inquired about the sewer capacity increase vs. sewer connections. Disbursements The Report of Disbursements from May 1, 1979, through May 31, 1979, was noted and discussed. Dir. of Planning- City Administrator Wood presented and explained a recommendation Salary Adj. to approve a salary adjustment for the Director of Planning. Motion was made by Councilman Link seconded by Councilman Stout and carried that the Director of Planning's salary be increased from $1,955.64 to $2,044.25 as recommended. - .... Part-Time P & R Empl. 1fIli"I"'"0Wf - A Parks and Recreation Department survey of part-time positions was noted and discussed. Parks and Recreation Director Ayer further explained the recommenda- tion on same. Motion was made by Councilwoman Hughan seconded by Councilman Cun- ningham and carried that the pay scale for part-time Parks and Recreation 4232 employees as recommended be approved by the following Roll Call Vote: Ayes; Council Members: Childers, Cunningham, Hughan, Stout and Pate. Noes: Council Member Link. IIIIlII It was noted that the proposed 1979-80 Budget be adjusted regarding the approval of this pay scale for part time Parks and Recrea- .. tion employees. Insurance Reserve Funds City Administrator Wood presented a recommendation to establish Insurance Reserve Funds. Motion was made by Councilman Stout seconded by Councilman Link and carried that the City establish Insurance Reserve Funds as recommended. IlIIIIll Jt. Plan./ Council re: Gen. Plan City Administrator Wood presented a recommendation for Countil to set a Joint Planning Commission/Council Study Session in regard to the proposed revised General Plan and the first public hearing on same. -- Discussion was had on the matter. Council concurred with the Joint Planning Commission/Council Study Session for June 14, 1979, at 2:00 p.m. It was noted that the Council is not prepared at this time to set a public hearing for the General Plan. Police Services Directives on Police Services and the Police Chief's interim proposal was noted S. P. Park Lease City Administrator Wood presented a report on the Southern Pacific Park Lease. Discussion was had on:the matter. Mr. George Robinson addressed the Council requesting the City's intention to purchase the subject property. Discussion was had on the matter. Motion was made by Councilman Link seconded by Councilman Stout and carried that the City Administrator be instructed to notify the Southern Pacific Transportation Company that the City is not interested in purchasing the subject property but intends to cooperate with Mr. Robinson in regard to his plans for the property. -- - Budget Study Sessions Council set June 5, 1979, at 3:00 p.m. as a Council Budget Study Session on the proposed 1979-1980 Budget. Old City Hall Adv. Com. Mayor Protempore Pate appointed the following as an Old City Hall Council Advisory Committee: Council Members: Pate, Chairman, Hughan and stout. This Committee scheduled June 6, 1979, at 3:00 p.m. for a meeting. Lighting Assess. City Administrator Wood reported that P. G. & E. has discon- Dist.-lst St. tinued completion of the lighting assessment district on First Street due to a conflict in the costs regarding properties owned by Mr. Fran Basch and Mr. Joe Perucca. It was noted that Mr. Basch had allegedly been quoted a total hook-up cost of $250.00 by the Mayor for each of said properties. Discussion was had on the matter. Motion was made by Councilman Childers seconded by Councilman Cunningham and carried that the City pay the increase costs of $125.00 for the Basch property and $300.00 for the perucca Property, totalling $425.00 in order to complete said Lighting District. Councilman stout voted "no" on the matter. - Adjournment At 11:39 p.m., the Mayor Protempore adjourned the meeting. -- Respectfully submitted, ~u..~&.~ ~ City Clerk ... -