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Minutes 1978/01/03 4032 Gilroy, California Janua ry 3, 1978 Roll Call 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: William E. Childers, Brian D. Cun- ningham, Roberta H. Hughan, Marion T. Link, John E. Pate, David V. Stout and Nroman B. Goodrich. Certificates- The Mayor presented Certificates of Service to the following retire retired Commissioners: Arthur J. Marsh, Library & Culture Commission; Commission- Kenneth W. Cooper, Parks and Recreation Commission; and Midge Chiesa, ers Planning Commission. Consent Motion was made by Councilman Link seconded by Councilman Calendar Stout that the following items under the Consent Calendar be approved by the following Roll Call Vote: At yes: Council Members: Childers, Cunningham, Hughan, Link, Pate, Stout and Goodrich. Minutes Approved the Minutes of the Regular Council Meeting of December 19, 1977; Ord. #78-1 Adopted Ordinance No. 78-1 Amending Section 15.43 of the City Code Designating Welburn Avenue a through Street from Monterey street to Wren Avenue except at its intersection with Church Street; ORDINANCE NO. 78-1 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 15.43 OF THE GILROY CITY CODE SO AS TO DESIGNATE WELBURN AVENUE A THROUGH STREET FROM MONTEREY STREET TO WREN AVENUE, EXCEPT AT ITS INTERSECTION WITH CHURCH STREET. PASSED AND ADOPTED this 3rd day of January, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE 4033 Res. #78-1 Adopted Resolution No. 78-1 Establishing Arterial Stops at Welburn Avenue and Church Street; ~""'.;'" RESOLUTION NO. 78-1 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING AN ARTERIAL STOP AT THE EAST AND WEST ENTRANCES OF WELBURN AVENUE AT ITS INTERSECTION WITH CHURCH STREET IN THE CITY OF GILROY. PASSED AND ADOPTED this 3rd day of January, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE; - Ord. #78-2 Adopted Ordinance No. 78-2 Amending the Zoning Ordinance by rezoning an 11.39 acre parcel belonging to Dan Teresi located on the ~outh side of Leavesley Road and the east side of ~orest Street from M2 to C2 and R1 Districts; ORDINANCE NO. 78-2 ORDINANCE OF THE CITY OF GILROY At1ENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING AN 11.93 ACRE PARCEL ON THE SOUTH SIDE OF LEAVESLEY ROAD AND THE EAST SIDE OF FOREST STREET FROM M2 (GENERAL INDUSTRIAL) DISTRICT TO C2 (GENERAL COMMERCIAL) AND R1 (SINGLE FAMILY RESIDENCE) DISTRICTS. PASSED AND ADOPTED this 3rd day of January, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE; Ord. #78-3 Adopted Ordinance No. 78-3 Amending the Zoning Ordinance by prezoning a 6.6 acre parcel belonging to Tom Ruiz located on the west side of Monterey Street south of its intersection with Ronan Avenue to CM and R3 Districts; ORDINANCE NO. 78-3 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY PREZONING A 6.6 ACRE PARCEL ADJOINING THE CITY OF GILROY ON THE WEST SIDE OF MONTEREY STREET, SOUTH OF ITS INTERSECTION WITH RONAN AVENUE AS CM (COMMERCIAL INDUSTRIAL) AND R3 (LOW-DENSITY MULTIPLE FAMILY). PASSED AND ADOPTED this 3rd day of January, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE; Ord. #78-4 Adopted Ordinance No. 78-4 Amending Section 11.3 of the City Code pertaining to Food Establishment Permits; """"""'$, ORDINANCE NO. 78-4 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 11.3 OF THE GILROY CITY CODE PERTAINING TO FOOD ESTABLISHMENT PERMITS, AND REPEALING SECTION 11.4 ESTABLISHING PERMIT FEES. PASSED AND ADOPTED this 3rd day of January, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE; - Ord. #78-5 Adopted Ordinance No. 78-5 Amending Section 2.45 of the City Code removing Building Inspector as Administrator of the Zoning Ordinance; ORDINANCE NO. 78-5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY REPEAL ING SECTION 2.45(f)(5) OF THE GILROY CITY CODE. PASSED AND ADOPTED this 3rd day of January, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT . and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE 4034 T. Ca rr re- zoning appeal The Mayor stated that it was the time and place scheduled for a Public Hearing on an appeal of Thomas Carr, Vice-President, Royal West Inc., re: Planning Commission's Decision of December 1, 1977, denying a rezoning request for 10.6 acres 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. Planning Director Bedaux presented and explained a Report recommending that said matter be referred back to the Planning Com- mission and said hearing continued for further recommendation by the Commission. ......., Motion was made by Councilman Pate seconded by Councilman Link and carried that the Public Hearing be continued to February 6, 1978, and that said matter be referred back to the Planning Commission for additional study and recommendation. j,oo,-". Pub. Hear. re: The Mayor stated that it was the time and place scheduled for a Rainbow Dev. Public Hearing on a rezoning request of Rainbow Development for approxi- mately .5 acres of land located on the northwest corner of Old Gilroy and East Streets from C1 (Neighborhood Commercial) to R3 (Low-Density Multiple Family) District. Planning Director Bedaux presented and explained Staff's report on said rezoning proposal. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposed rezoning. Mr. Robert Drewitz, owner, addressed the Council and explained the proposal for said rezoning request, requesting that building per- mits be allowed for said property if same is rezoned. The Mayor asked if there was anyone else 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 Link seconded by Councilman Childers and carried that the Public Hearing be closed. - Motion was made by Councilman Link seconded by Councilman Stout and carri ed that a proposed ordinance be introduced rezon i ng sai d property to be published by title and summary, noting that Council concurred that the requested building permits could be issued for said property. Councilmembers Cunningham and Hughan voted "no" on the motion. Pub.Hear. Las Animas RR Xing Abandonment re: The Mayor stated that it was the time and place for the Public Hearing on Intention to Abandon Las Animas Avenue where it crosses the Southern Pacific Railroad. It was requested by Staff that said Public Hearing be continued as said property was not posted in accordance with the Street Vacation Act of 1941. . Motion was made by Councilman Stout seconded by Councilman Link J and carried that said Public Hearing be continued to January 16, 1978. Pub. Hear. re: The Mayor stated that it was the time and place scheduled for A. Benassi the continued Public Hearing on a prezoning request of A. Benassi for Prezoning 37 acres located on the south side of Rrff~t Street approximmtely 300 ... feet east of Santa Teresa Boulevard from A1-2.5 (County Agricultural) Zone to R1, R2, R3 and C1 Di stri cts. _ Staff requested that said public hearing be continued to January 16, 1978, to obtain a revised map for said prezoning request. Motion was made by Counoilman Link seconded by Councilman Childers and carried that the Public Hearing be continued to January 16, 1978, as reques ted. The Mayor asked if there was anyone in the audience wishing to speak on any matter not on the Agenda. 4035 Cert. of Service- The Mayor presented a Certificate of Service to retired Planning M.Braquet Commissioner, Marcel Braquet. City Administrator Wood noted that a resident of the Mobile Home Rark south of Tenth Street had inquired of the City's present Bingo Ordi- nance. There was no one present in the audience that came forward regarding same. Mormon Church A letter from the Church of Jesus Christ of Latter Day Saints in activities regard to activities on Sundays was noted. ....., Housing for A letter from the Santa Clara County Commission ,on the Status of Older Women Women in re: to Housing for Older Women was noted. Councilman Cunningham recommended that the City support the Commission's position on the matter. The Mayor requested that same be responded to by letter. League-Peninsula A letter from the City of San Jose advising of a meeting in re: Division Future of the Peninsula Division, League of California Cities, was noted. Water Dist. consolida- tion prop. A letter from Vice Chairman of the Special District Consolidation Task Team re: recommendation and report to the Board of Supervisors on January 9, 1978, was noted. Mr. Jack Martin, Chairman of the South Santa Clara Valley Water District addressed the Council and introduced new member, Mr. Mike Kennedy, and further explained the matter of consolidation. Mr. Alfred Angelino addressed the Council and further commented on the proposed consolidation. City Administrator Wood noted that the City would have a representa- tive present at the January 9, 1978, Board of Supervisors Meeting to represent the City if at all possible. Mr. William Glines, San Jose News & Mercury Newspaper reporter inquired if Council would be instructing said representative in regard to the City's position on the matter. He was informed that the City needed additional information on same. 208 Environ- mental Manage.Plan A letter from the Planning Policy Committee of Santa Clara County in re: to prompt review of the "208" Environmental Management Plan was noted. City Administrator Wood recommended that a representative of the Planning Policy Committee Staff meet with the Council to explain said Plan to the City. Council preferred that an evening meeting be scheduled for January 10, 1978, if possible. League Bulletin The League of California Cities Legislative Bulletin No. 1-1978 was noted. Council concurred to support the Leaguels position on said legislation. Growth Manage. The Council IS Growth Management Policy Committee Meeting of January Policy Com. 9, 1978, at 7:30 p.m. was noted. It was further noted that local groups and individuals would be welcom at said meeting. (IO"~. The following informational items were noted with no separate discussion on same. ..... Water Statis- tics Ag Preserve Santa Clara Valley Water District info re: Water Statistics; Resolution of the Board of Supervisors of Santa Clara County in re: to the Agricultural Preserve; ABAG ABAG in re: to Meeting on Equal Opportunities Policies and Negative Declarations; and Letter of appreciation, Defense Attorney R. M. Whyte. 4036 Month ly Reports The Summary of the Monthly Reports of November, 1977, were noted. City Administrator Wood informed Council that the water con- sumption figures were omitted due to an error in same. Disbursements The Report of Disbursements from December 1, 1977, through December 31, 1977, was noted. Museum Budget A request of the Library and Culture Commission was noted for Amend. a Budget Amendment to install an automatic sprinkler system. Motion was made by Councilman Stout seconded by Councilman Pate and carried that the 1977-78 Budget be amended in the amount of $460.00 to allow --- the installation of an automatic sprinkler requested by the Library and Culture Commission. _... Res. #78-2 re: City Administrator Wood recommended recision of the outside Water Re- watering restrictions. strictions Motion was made by Councilman Stout seconded by Councilman Childers that the reading of Resolution No. 78-2 be waived and that it be adopted removing restrictions for outside watering. Council- woman Hughan voted "no" on the motion. RESOLUTION NO. 78-2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY RESCINDING PRIOR RESOLUTIONS REGULATING WATER USE. PASSED AND ADOPTED this 3rd day of January, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, LINK, PATE, STOUT and GOODRICH NOES: COUNCIL MEMBERS: HUGHAN ABSENT: COUNCIL MEMBERS: NONE CETA Program A report on CETA Programs was presented. Discussion was had on the matter. Motion was made by Councilman Stout seconded by Councilman Link and carried that a meeting be scheduled with CETA Staff and Council to review the present CETA Program including classi- fications of employees, etc. Councilman Pate voted "no" on the motion, noting that he did not object to a meeting recommended but was opposed to delaying action on salary achievement increases for those CETA employees qualified for same recommended at the December 19, 1977, Council Meeting. Mr. William Callaghan, representing the Local Union, addressed the Council re: CETA Program. Mr. Robert Echt, CETA employee in the Parks Department, addressed the Council re: CETA Program. ..... .... Salary Achieve- Motion was made by Councilwoman Hughan seconded by Councilman ment Inc- Childers and carried that salary achievement increases for the follow- reases re: ing employees be approved effective January 1, 1978: Alan Cluke, CETA emp. Public Works Maint. I, Range 25 from Step A, $790/mo. to Step B, $832/mo.; William Lowery, Engineering Aide, Range 26.5a from Step A, $861/mo. to Step B, $903/mo.; Gayle Matsuura, Recreation Supervisor I, Range 28.5 from Step A, $939/mo. to Step B, $985/mo.; Andrew Ojeda and Jose Rodri- guez, Public Works Maint. I, Range 25 from Step A, $790/mo. to StepB, $832/mo.; Raul Suarez, Tree Climber, Range 27 Step A, $871/mo. to Step B, $916/mo.; Don Farrill, Groundskeeper I, Range 29 from Step A, $961/mo. to':Step B, $1009/mo.; John Garcia, Recreation Leader III, Range 25 from Step A, $790/mo. to Step B, $832/mo.; Tom Gutierrez, Jr., Tree Climber, Range 27 from Step A, $871/mo. to Step B, $916/mo.; Rudy Reyes and Herman Sandoval, Public Works Maint. I, Range 25, Step A, $790/mo. to Step B, $832/mo.; and Candelario Sustaita, Groundskeeper I, Range 25 from Step A, $790jmo. to Step B, $832/mo. Said salary achievement increases were approved by the following Roll Call Vote: Ayes: Council Members: Childers, Hughan, Pate and Goodrich; Noes: Council Members: Cunningham, Link and Stout. Agree. Director of Public Works-City Engineer Hansen presented and recom- mended approval of a Deferred Improvement Agreement for E. J. Tomey property. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that the Deferred Development for E. J. Tomey property be approved as recommended. .... liiIollIlI Def. Dev. E. J. Tomey 4037 Def.Dev. Agree. Director of Public Works-City Engineer Hansen presented and recom- re:Ruiz & mended approval of a Deferred Improvement Agreement for Tom Ruiz and Ray Malech Malech. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that the Deferred Development Agreement for Tom Ruiz and Ray Malech be approved as recommended. Angle Pkg.- 2nd St. Res. #78-3 Director of Public Works-City Engineer Hansen recommended approving angle parking on Second Street between Monterey and Eigleberry Streets. Motion was made by Councilman Link seconded by Councilman Pate that the reading of Resolution No. 78-3 be waived and that it be adopted approving angle parking on Second Street as recommended. ~ RESOLUTION NO. 78-3 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING ANGLE PARKING ON SECOND STREET BETWEEN MONTEREY AND EIGLEBERRY STREETS. PASSED AND ADOPTED this 3rd day of January, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE Handicap Ramps Director of Public Works-City Engineer Hansen presented and explained a report re: Handicap Ramps. Dev. Agree. D.Martinez re: Director of Public Works-City Engineer Hansen discussed a proposed Development Agreement with Daniel Martinez for remodeling construction on property on North Monterey Street presently operating on an existing septic tank. He inquired if Council had objection to advancing $10,000.00 on a repayment four (4) year agreement at $2,500.00 per year. Council did not concur with same. Mr. Daniel Martinez addressed the Council noting that he would agree to using the existing septic tank and connect to the City's sewer line after four (4) years. Council concurred that this could be acceptable under a Deferred Development Agreement, using the existing septic tank with connection to the City sewer line after four (4) years and payment of the entire fees at that time. Sewer Imp. Councilman Stout inquired of the City's sewer line and manhole construction project on Westwood Drive. Director of Public Works-City Engineer Hansen reported that the weather and holidays has caused a delay in completion of said project. Councilman Cunningham recommended that the City name Notre Dame the No.1 Football Team in the country. Council took no action on same. Inter-City The Mayor noted the Inter-City Council Meeting of January 5, 1978, Council at Fung Lum Restaurant in Campbell. Adjournment At 10:35 p.m., the Mayor adjourned the meeting. Respectfully submitted, -