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Minutes 1978/06/05 Roll Call Intro. new emp. ' Consent Calendar" / Minutes , Res ~ #7-8-31 Unif. Fire Code Res. #78-32 Unif. Swim. Code 4085 June 5, 1978 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by Mayor Protempore John E. Pate at 8:00 p.m. Present: Co~ncil Members: William E. Childers, Brian D. Cunning- ham, Roberta H. Hughan, Marion T. Link, John E. Pate, and David V. Stout. Absent: Council Member: Norman B. Goodrich. Mayor Protempore Pate introduced new employee, Rhonda Pellin, Clerk~Typist II - Planning Department. Motion was made by Councilman Link seconded by Councilman Cunningham that the foll owing items under the Consent Calendar by approved by the following Roll Call Vote: Ayes: Council r,1embers: Childers, Cunningham, Hughan, Link, Stout and Pate. Absent: Council Member: Goodrich. Approved the Minutes of the Regular Council Meeting of May 15, 1978; Adopted Resolution No. 78-31 adopting the 1976 Edition of the Uniform Fire Code; RESOLUTION NO. 78-31 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING UNIFORt1 FIRE CODE, 1976 EDITION, WITH MODIFICATION TO PERMIT "SAFE AND SANE" FIRE- WORKS. PASSED AND ADOPTED this 5th day of June, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, STOUT and PATE NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: GOODRICH; Adopted Resolution No. 78-32 adopting the 1976 Edition of the Uniform Swimming Pool Code;, RESOLUTION NO. 78-32 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING UNIFORM SWIMMING POOL CODE, 1976 EDITION. PASSED AND ADOPTED this 5th day of June, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, STOUT and PATE NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: GOODRICH; GCR Pre-& Re- Set June 19, 1978, as a Public Hearing date on an application zoning-10th of Glickman, Crumpler & Riley, Inc. to prezone approximately 1~ acres St. from A20 (Co. Ag.) Zone to HC (Highway Commercial) District and Rezone approximately 17 acres from IZ (Interim Zone) to HC (Highway Commercial) District located west of the South Valley Freeway, south of East 10th Street and west of Chestnut Street; 78-79 Hudget Set June 19, 1978, as a Public Hearing date on the 1978-79 Proposed Budget; and Mussallem Dev. Set June 19, 1978, as a Public Hearing date on a Tentative Map Tent. flap of t~ussallem Development Corporation for condominium conversion approval. lil;y..."c".,4 Pub. Hear. Hope Rehab. Services Prezoning re: The Mayor Protempore stated that it was the time and place scheduled for a Public Hearing on a prezoning application of Hope Rehabili- tation Services for approximately 9.6 acres located on the west side of Murray Avenue and north of Leavesley Road from Al-2.5 (County Agricultural) Zone to M2 (General Industrial) District. Councilman Stout declared himself absent due to an interest in sai d property. 4086 Pub. Hear. M.Gonzalez rezoning- Mont. St. Pub.Hear. Mussallem rezoning- Ke lton & 1st Sts. Acting Planning Director Dorn presented and explained Staff's Report regarding same. Mayor Protempore Pate asked if there was anyone in the audience wishing to speak for or against the proposed rezoning. Heard from the following residents in the immediate area in opposition to said prezoning request on the basis that the applicant only intends to develop approximately two (2) acres of said property and desire to know what is proposed for the remaining acreage: Mr. Carrosco, Lincoln Court; Mr. George Mena, 405 Kennedy Court. Mr. Paul Andrew, representing the applicant, addressed the Council and described and explained the proposed development of said property. .... ..... Mr. Fred Aguilera, Kennedy Court, addressed the Council noting that the residents were not opposed to the development pro- posed of Hope Rehabilitation Services, but to the remaining property and to the main road of egress from their properties. Mayor Protempore Pate asked if there was anyone further in the audience wishing to speak on the proposal. There was no comment from anyone in the audience. Motion was made by Councilman Cunningham seconded by Council- man Link and carried that the Public Hearing be closed. Discussion . was had by Council on the matter. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that the reading of a proposed ordinance pre- zoning said property be introduced and published by title and summary, noting that surrounding property owners would be notified of any future development of the remaining portion of said property. re: Mayor Protempore Pate stated that it was the time and place scheduled for a Public Hearing on a rezoning application of Manuel Gonzalez for approximately .75 acres located at 8915 Monterey Street from R1 (Single Family Residence) District to HC (Highway Commercial) D i s t ri ct. .. -- Acting Planning Director Dorn presented and explained the Staff's report on same. : Mayor Protempore Pate 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 Link seconded by Councilman Childers and carried that the Public Hearing be closed. Discussion was had in regard to said proposed rezoning by Council. Motion was made by Councilman Link seconded by Councilman Stout and carried that a proposed ordinance be introduced and pub- lished by title and summary rezoning the property of Manuel Gonzalez as recommended. Council Members Cunningham and Hughan voted "no" on the motion. re: Mayor Protempore Pate stated that it was the time and place scheduled for a Public Hearing on a rezoning application of Mussallem Development Corporation for approximately .968 acres located at the northeast corner of Kelton Drive and First Street from R1 (Single Family Residence) District to C1 (Neighborhood Commercial) District. Acting Planning Director Dorn presented and explained the Staff's report on same. Mayor Protempore Pate asked if there was anyone 1:n the audience wishing to speak for or against the proposed rezoning. There was no comment from anyone in the audience. IIIIIIa ... Motion was made by Councilman Link seconded by Councilman Cunningham and carried that the Public Hearing be closed. Discussion was had by Council on the proposal. Pub.Hear. B.Morton Church St. rezoning Pub.Hear. re: rezoning- Leavesley & San Ysidro 4087 Motion was made by Councilman Stout seconded by Councilman Link and carried that a proposed ordinance be introduced and published by title and summary rezoning same. re: Mayor Protempore Pate stated that it was the time and place scheduled for a Public Hearing on a rezoning application of Ben Morton (Church Street Properties) for approximately 1.961 acres located on the east side of Church Street approximately 300 feet south of Welburn Avenue from M2 (General Indu~trial) District to C2 (General Commercial) District. Acting Planning Director Dorn presented and explained Staff's report on same. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Mr. Ben Morton, applicant, addressed the Council noting that he was available to answer any questions regarding the proposed rezoning. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that the Public Hearing be closed. Discussion was had by Council on the matter. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that a proposed ordinance be introduced and pub- lished by title and summary rezoning said property. Mayor Protempore Pate stated that it was the time and place scheduled for a Public Hearing on a proposed rezoning initiated by the Planning Commission on a .5 acre parcel located at the northeast corner of Leavesley Road and San Ysidro Avenue from C1 (Neighborhood Commercial) District to HC (Highwya Commercial) District. Acting Planning Director Dorn presented and explained the Staff's report on same. Mayor Protempore Pate 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 Councilwoman Hughan seconded by Councilman Stout and carried that the Public Hearing be closed. Discussion was had by Council on same. Motion was made by Councilman Stout seconded by Councilman Link and carried that a proposed ordinance be introduced and published by title and summary rezoning same. Gilroy Med. A petition from the residents in the vicinity of Dr. Anagnostonls Center proposed Medical Center regarding parking was submitted as information to be acted upon by the Planning Commission when said property is developed. 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. Mt. Charley's A letter from Jim Farwell, Mountain Charley's, was noted requesting Old City rescinding of the Old City Hall Lease. Ha 11 Prop. Motion was made by Councilman Stout seconded by Councilwoman Hughan and carried that the Old City Hall Lease with Mountain Charley's be rescinded and that the City Administrator be authorized to proceed with other negotiations with any new potential tenants for the Old City Hall Building. ABAG Environ. A letter from AWARE was noted recommending a "no" vote on the Manage.Plan ABAG Environmental Management Plan, June 10, 1978. A letter from the California Council Environment and Economic ,~ Balance urging a "yes" vote on the above plan was also noted. Council expressed their opinion for approval of the amended ABAG Environmental Management Plan. 4088 League Bulletin Assessed Valuation Amateur Wrestling Team The League of California Cities Legislative Bulletin #20-78 was noted. Council concurred with their previous policy to support the League's position on said legislation. A letter from the County of Santa Clara Inter-Governmental Council was noted in regard to assessed value reduction. ,A request from the Pacific Association of Amateur Athletic Union for funds to send an Amateur Wrestling Team to Australia was noted. ..... Metro. Trans. A letter from Supervisor Rod Diridon in regard to the re- Commission constitution of the Metropolitan Transportation Commission was noted. St. Mary's Gui ld-Car- nival Req. N. Peterson- Pk.Donation .... A request from the St. Mary's Mothers I Guild for a carnival permit was noted. Motion was made by Councilman Stout seconded by Councilwoman Hughan and carried that the carnival permit requested be approved. A letter from Mrs. N. Peterson offering to donate park land subject to certain conditions was noted. Council rejected said offer. San Martin A letter from the County of Santa Clara in re: to possible Sewage Stdy. Sewerage Study for the San Martin area was noted. City Administrator Wood noted that the City would be represented at said meeting. Gilroy Weigh- A request of Gilroy Weighing and Receiving at 350 East Ninth ing & Rec.- Street was presented for placing a temporary portable tomato inspec- Temp. Tr. tion trailer at said location. Said request was further explained by Permit Mr. Dave Ditto. Motion was made by Councilman Cunningham seconded by Council- man Childers and carried that said temporary portable trailer be approved for a one (1) year period expiring June 5, 1979. The following informational items were noted with no separate discussion on same. -- IIIilIIIIIlf Letter from Jerome Berg, attorney, in re: to Thomson vs. City of Albany; Gilroy Chamber of Commerce, Activity Guide for April, 1978; Gilroy Chamber of Commerce's proposed 1978-79 budget; and Letter from Department of Transportation in re: to call for bids for Wren Avenue Signalization. Plan. Com. The Report of the Planning Commission Meeting of May 18, 1978, Meeting was noted. 5/18/78 PUD's- Mira Lorna Director of Parks and Recreation Ayer explained the recommenda- tion of the Joint Street Tree Committee. Council tabled action on same in order to obtain a recommendation from the Department of Public Works on same. Acting Planning Director Dorn explained the proposed amend- ment to the PUD of Mira Lorna for Filice Estate Vineyards and LeDean Garri son. .... - Discussion was had in regard to the proposal of LeDean Garrison for same. Motion was made by Councilman Link seconded by Councilman Childers and carried that the amendment to the PUD of Mira Loma for Le Dean Garrison be approved as presented subject to additional parking spaces provided rather than landscaping shown on the southerly portion of the plot plan. Discussion was had in regard to the PUD amendment proposed by Filice Estate Vineyards. Motion was made by Councilman Stout seconded by Councilman Cunningham and carried that the PUD amendment of Filice Estate Vineyards be referred to the Architectural and Site Control Advi- sory Committee with recommendation to the Planning Commission prior to Council acting ~pon same. .. Plan. Com. 6/1/78 P & R Com. 5/23/78 4089 The Report of the Planning Commission Meeting of June 1, 1978, was noted. The Minutes of the Parks and Recreation Commission Meeting of May 23, 1978, were noted. Personnel Com. The Report of the Personnel Commission Meeting of May 31, 1978 5/31/78 was noted. Garage Trainee Lib.& Cult. Com. 4-4-78 & 5-2-78 Res.#78-33 Vacating Portion of a 11 ey Wastewater Treat.Plant Ambulance Rate Increase Res. #78-34 ""'C_'._,_# Motion was made by Councilman Link seconded by Councilman Cun- ningham and carried that the classification and salary range for Garage Trainee, Range 22.5 as recommended be approved. The Minutes of the Library and Culture Commission Meetings of April 4, 1978 and May 2, 1978 were noted. At 9:58 p.m. Mayor Protempore Pate deviated from the regular agenda in order to accommodate interested persons in the audience. Director of Public Works-City Engineer recommended vacating a portion of an alley between First and Second Streets and Monterey & Eigleberry Streets. Motion was made by Councilman Stout seconded by Councilman Link that the reading of Resolution No. 78-33 be waived; same being of intention to vacate a portion of an alley between First and Second Streets and Monterey & Eigleberry Streets setting a Public Hearing date of Wednesday, July 5, 1978 for said proposal. RESOLUTION NO. 78-33 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY OF INTENTION TO VACATE A PORTION OF AN ALLEY IN THE CITY OF GILROY BOUNDED BY FIRST STREET ON THE NORTH; MONTEREY STREET ON THE EAST; SECOND STREET ON THE SOUTH; AND EIGLEBERRY STREET ON THE WEST. PASSED AND ADOPTED this 5th day of June, 1978, by the followinq vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, STOUT and PATE. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: GOODRICH. \ City Administrator Wood presented and explained a report on a Wastewater and Geohydrolic Study for the Wastewater Treatment Plant with Harris & Associates. Motion was made by Councilman Link seconded by Councilman Stout and carried that the Agreement with Harris & Associates as presented and recommended be approved and that authorization be ~iven to execute same on behalf of the City. A request of the Gilroy Ambulance Company was noted for a rate increase. Mr. Eldred Holdaway, owner, addressed the Council and ex- plained the proposed rate increases. Motion was made by Councilman Childers seconded by Councilman Stout that the reading of Resolution No. 78-34 be waived and that it be adopted establishing maximum ambulance rates. RESOLUTION NO. 78-34 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING THE MAXIMUM RATE SCHEDULE TO BE CHARGED BY AMBULANCE OPERATORS WITHIN THE CITY OF GILROY. PASSED AND ADOPTED this 5th day of June, 1978, by the followinq vote: AYES: COUNCIL MEMBERS: CHILDERS, HUGHAN, LINK, STOUT and PATE. NOES: COUNCIL MEMBER: CUNNINGHAM ABSENT: COUNCIL MEMBER: GOODRICH. Mayor Protempore Pate inquired if there was anyone further in the audience waiting to be heard in regard to any agenda item. There was no comment from anyone in the audience. 4090 Recess At 10:14 p.m. Mayor Protempore Pate declared a five (5) minute recess. Mayor Protempore Pate reconvened the meeting at 10:21 p.m. 78-79 Budget Presentation of the Preliminary Budget for the Fiscal Year 1978-1979 was noted. Council set June 12, 1978 at 7:30 p.m. for a Study Session on same. New City Hall City Administrator Wood presented a report and recommendation on the acquisition of four (4) parcels regarding the New City Hall Project. ..... Discussion was had by Council on same. ... Motion was made by Councilman Cunningham seconded by Council- man Childers and carried that authorization be given to purchase Parcel #8 (Kashersky property) in the amount of $53,500.00 as recommended. Council Members: Link and Stout voted "no" on the motion. Motion was made by Councilman Cunningham seconded by Council- woman Hughan and carried that the City Administrator be authorized to obtain a second appraiser in regard to Parcels, 7, 10 and 12. Council- man Stout voted "no" on the motion. So. Flood Control A recommendation to appoint Acting Planning Director, Michael Zone Adv. Dorn as a new Alternate to the South Flood Control Zone Advisory Com- Com. Rep. mittee of the Santa Clara Valley Water District was noted. 4th of ~uly Fi reworks Las Animas Pk.Bldg. Executive Session City Hall Project Motion was made by Councilwoman Hughan seconded by Councilman Link and carried that Michael Dorn, Acting Planning Director be appoint- ed as the new Alternate to the South Flood Control Zone Advisory Commit- tee as recommended. A report on the 4th of July Fireworks Display was noted. Motion was made by Councilman Stout seconded by Councilman Cunningham and car- ried that the City contribute $1,000.00 for said event. ... .... A report recommending filing a notice of completion on the Las Animas Park Building was noted. Motion was made by Councilman Stout seconded by Councilman Cunningham and carried that the Las Animas Park Building be accepted as recommended and that the Notice of Completion be filed. A request for an Executive Session to Meet with the City's Negotiator immediately following the regular agenda was noted. A recommendation for approval of Two (2) Rental Replacement and Moving Claims for the new City Hall Project was presented and ex- plained by the City Administrator. Motion was made by Councilwoman Hughan seconded by Councilman Cunningham and carried that authorization be given for payment of $3,760. to Juan Cavazos and $4,350.00 to Juanita Martinez as recommended. Headquarter's A report on Glulam Roof Beam at the Headquarter1s Fire Sta- ~ Fire Sta- tion on Chestnut Street was noted. Motion was made by Councilwoman tion Hughan seconded by Councilman Cunningham and carried that the Agreement ... with the American Instutute of Timber Construction in regard to the Glulam Roof Beam as reported be approved and executed on behalf of the City. Morgan Hill's A memo from the Acting Planning Director, Michael Dorn was Transition noted recommending support of Morgan Hill IS appeal of County Actions. Zone. Council agreed to support the City of Morgan Hill on said matter. 4091 Disbursements The Report of Disbursements from May 1, 1978 through May 31, 1978 were noted and discussed. Res. #78-35 RRX,ingS Lewis & Martin Director of Public Works-City Engineer Hansen presented an agreement including Supplement #1 with the State of California, Department of Transportation providing for installation of Railroad Crossing Gates at Lewis & Martin Streets. Motion was made by Councilman Link seconded by Councilman Stout that the reading of Resolution No. 78-35 be waived and that it be adopted authorizing execution of the Agreement and Supplement #1 for installa- tion of Railroad Crossing Gates at Lewis and Martin Streets as recommended. RESOLUTION NO. 78-35 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN AGREE- MENT AND SUPPLEMENT NO. 1 PROVIDING FOR THE INSTALLATION OF RAILROAD CROSSING GATES AT LEWIS AND MARTIN STREETS AND AUTHORIZING ITS EXECUTION. PASSED AND ADOPTED this 5th day of June, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, STOUT and PATE. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: GOODRICH. Res.#78-36 St. Name changes Director of Public Works-City Engineer Hansen recommended chang- ing the names of Kineo Court to "Carr Place" and Kendall Drive to "Wentz Drive". Motion was made by Councilman Link seconded by Councilman Childers that the reading of Resolution No. 78-36 be waived and that it be adopted changing the names of Kineo Court to "Carr Place" and Kendall Dri ve to "Wentz Dri ve II as I recommended. . RESOLUTION NO. 78-36 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY RENAMING KINEO COURT "CARR PLACE" AND RENAMING KENDALL DRIVE "WENTZ DRIVE". PASSED AND ADOPTED this 5th day of June, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, STOUT and PATE. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: GOODRICH. EDA Projects Director of Public Works-City Engineer Hansen recommended acceptance of EDA Improvement Project #07-51-21832, Westwood and First Street Signals; #07-51-21822, Sanitary Sewer Repair and Replacement; #07-51-21824, Street Maintenance; #07-51-21823, Storm Drain; and #07- 51-21829, Miller Avenue Water Main. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that the EDA Improvement Projects be accepted, as recommended. Dev.Agree. Green & Bradley- Mantelli Dr. Director of Public Works-City Engineer Hansen presented Development Agreements for C. V. Green and for C. R. Bradley on Mantelli Drive. Motion was made by Councilman Stout seconded by Councilman Link and carried that the Development Agreements with C.V. Green and C.R. Bradley on Mantelli Drive be approved as recommended. So.Co.Dev.Co. Director of Public Works-City Engineer Hansen presented a Montebello Development Agreement with South County Development Company for property Drive on Montebello Drive recommending approval of same. Motion was made by Councilman Stout seconded by Councilman Link and carried that the Development Agreement with South County Development Company for property on Montebello Drive be approved as recommended. 4092 Street Vacation ~irector of Public Works-City Engineer Hansen presented a Forest St. recommendation to vacate a portion of Forest Street at Leavesley Road. Councilman Stout declared himself absent in said matter due to an interest in same. Res.#78-37 Motion was made by Councilman Cunningham seconded by Council- man Link that the reading of Resolution No. 78-37 be waived and that it be adopted; same of intention to vacate a portion of Forest Street at Leavesley Road setting a Public Hearing date for same on Wednesday, July 5, 1978. RESOLUTION NO. 78-37 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY OF INTENTION TO VACATE A PORTION OF FOREST STREET AT LEAVESLEY ROAD IN THE CITY OF GILROY, RESERVING TO THE CITY EASEMENTS FOR ALL PUBLIC FACILITIES. PASSED AND ADOPTED this 5th day of June, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, and PATE. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: STOUT and GOODRICH. Transp.Com. Councilwoman Hughan reported on a recent meeting of the Transportation Commission of the County of Santa Clara. Discussion was had in regard to availability of handicap busing and City presently providing handicap ramps in the curbs of newly constructed streets. Res.#78-38 Titl e V Funds City Administrator Wood presented a resolution authorizing filing of an application for Titl~ V Funds through the Older Americans' Act. Motion was made by Councilman Link seconded by Councilman Cunningh~ that the reading of Resolution No. 78-38 be waived and that it be adopted. RESOLUTION NO. 78-38 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING FILING AN APPLICATION FOR TITLE V FUNDS THROUGH THE OLDER AMERICANS' ACT. PASSED AND ADOPTED this 5th day of June, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, STOUT and PATE. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: GOODRICH. Adjournment At 11:10 p.m. the meeting was adjourned. Respectfully submitted, pk~&.~ - City Cl erk t