Minutes 1979/02/20
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4184
February 20, 1979
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. Cunning-
ham, Roberta H. Hughan, Marion T. Link, John E. Pate, David V. Stout and
Norman B. Goodrich.
Consent
Calendar
Councilman Link requested removal of Item "A" from the Consent
Ca 1 endar.
Motion was made by Councilman Pate seconded by Councilman Link
that the following items excluding Item "A" under the Consent Calendar be
adopted by the following Roll Call Vote: Ayes: Council Members: Childers,
Cunningham, Hughan, Link, Pate, Stout and Goodrich.
Salary Achieve- Approved the following Salary Achievement Increases for the fol-
ment In- lowing Seven (7) City Employees:
creases
Bernice Long, Clerk Typist I, Range 22.5 from Step "B" $797. to
Step "C" $836.; Frank Espinoza, Public Works Maintenance I, Philip Rios
and Norman Garcia, Groundskeepers I, Range 25 from Step "B" $899.. to
Step "C" $941.; John Espinoza, Fire Fighter, Range 31.a from Step IIC"
$1,273. to Step "0" $1,337. and Robert Connelly, Recreation Supervisor I,
Range 31 from Step 110" $1,324. to Step "EII $1,391. effective March 1,
1979 and Ralph Duke, Groundskeeper I, Range 25.5 from Step "011 $1,014. to
Step IIE" $1,065. effective retroactive from February 1, 1979;
Prezoning-
Acker &
Berghella
Adopted Ordinance No. 79-6 Prezoning 25 acres of property be-
longing to C. R. Acker & R. Berghella from A20 (County Agriculture) Zone
to HC (Highway Commercial) and M2 (General Industrial) Districts located
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Ord.#79...6
'iliili.
1/1-
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4185
on the south side of Pacheco Pass Highway, 1500 feet east of South Valley
Freeway;
ORDINANCE NO. 79 - 6
ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY
BY PREZONING A 25 ACRE PARCEL ADJOINING THE CITY OF GILROY ON THE SOUTH
SIDE OF PACHECO PASS HIGHWAY APPROXIMATELY 1,500 FEET EAST OF THE SOUTH
VALLEY FREEWAY AS HC (HIGHWAY COMMERCIAL) AND M2 (GENERAL INDUSTRIAL).
PASSED AND ADOPTED this 20th day of February, 1979, by the following
vote:
AYES:
COUNCIL MEMBERS:
CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT
and GOODRICH.
None
None;
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ord.#79-7 re: Adopted Ordinance No. 79-7 Amending the Zoninq Ordinance Elimina-
Arch.& Site ting Alternates from Membership on Architectural and Site Control Advi-
Con.Adv.Com. sory Committee;
ORDINANCE NO. 79 - 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING SECTION
54.2 OF THE ZONING ORDINANCE SO AS TO ELIMINATE ALTERNATES FOR MEMBERS AT
LARGE OF THE ARCHITECTURAL AND SITE APPROVAL COMMITTEE.
PASSED AND ADOPTED this 20th day of February, 1979, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT
and GOODRICH.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Def.Dev.Agree.- Approved a Deferred Development Agreement of Gary Wojahn, Parcel
G.Wojahn 810-28-007.
4 ~;,.
Mi n utes
2-5-79
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Bids re:
Wastewater
Treatment
Pl an & In-
ceptor
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Pub.Hear.re:
Rezoning-
S.E.comer
of Leaves-
1 ey & Mur-
ray Ave.
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Motion was made by Councilman Pate seconded by Councilman Link
and carried that the Minutes of the Regular Council Meeting of February
5, 1979 be approved as corrected by the City Clerk regarding offer of
bids for the Fifth Street Fire Station, specifically to include that the
Council established a minimum bid of $65,000.00 for said property.
Director of Public Works-City Engineer Hansen presented a report
on bids received February 8, 1979 on the new Wastewater Treatment Plant
Facility and Interceptor.
Motion was made by Councilman Link seconded by Councilman Stout
and carried that the low bid of Dan Caputo Company of San Jose be awarded
in the amount of $3,621,000.00 for the Treatment Plant and that the low
bid of Valley Entineers of Fresno be awarded in the amount of $2,831,040.00
for the 33" Interceptor Line, subject to approval of both bids by the
City of Morgan Hill, the State of California and the Federal agencies as
recommended.
The Mayor stated that it was the time and place scheduled for
the Public Hearing on a rezoning initiated by the Planning Commission for
property located at the southeast corner of Leavesley Road and Murray
Avenue on approximately 0.7 acres from M2 (General Industrial) to HC
(Highway Commercial) District.
Planning Director Dorn presented and explained the Staff Report
regaridng said proposed rezoning.
A letter from Mobile Oil Company concurring with said proposed
rezoning was noted.
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
Link and carried that the Public Hearing be closed.
Discussion was had by Council on the proposed rezoning matter.
Motion was made by Councilman Childers seconded by Councilman
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4186
Link that the reading of a proposed ordinance rezoning same be waived,
that it be introduced and published by title and summary. Councilman
Cunningham voted IInoll on the motion.
......
Pub.Hear.re: The Mayor stated that it was the time and place scheduled for a
Abandon- Public Hearing on Intention to Abandon a Public Utility Easement in Mesa Road
ment Pub- Subdivision.
lic Util-
ity Ease- Director of Public Works-City Engineer Hansen presented and ex-
ment-Mesa plained the Staff report regarding same.
Rd.Sub.
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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 Link seconded by Councilman Childers
and carried that the Public Hearing be closed.
Res.#79-6 Motion was made by Councilman Stout seconded by Councilman Link
that the reading of Resolution No. 79-6 vacating said public utility ease-
ment be waived and that it be adopted.
RESOLUTION NO. 79 - 6
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ORDERING VACATION OF A 10
FOOT EASEMENT CROSSING THE REAR YARDS OF LOTS 12, 13, 15, 16,17 AND 18 OF
TRACT 6012, MESA ROAD SUBDIVISION.
PASSED AND ADOPTED this 20th day of February, 1979, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT
and GOODRICH.
NOES: COUNC I L MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor 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.
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Grievance- A letter from Mr. M. Tanaka was noted in regard to the City deny-
Guisiana ing reimbursement to a Police Officer. City Administrator Wood noted that
said claim would be further acted upon in the Small Claims Court.
Emergency Servo City Administrator Wood presented and explained a letter from the
Agree. Office of Emergency Services (Santa Clara County) in regard to a new Service
Contract. Motion was made by Councilman Link seconded by Councilman Stout
and carried that the agreement for an additional one (1) year contract in
the amount of $2,000.00 be approved. Councilman Cunningham voted IInoll on the
motion.
G.P.O.A. re: A request from the Gilroy Police Officer Association was noted re-
Circus questing a Circus permit for May 26, 1979. Motion was made by Councilman
Stout seconded by Councilman Pate and carried that a Circus Permit be granted
to the Gilroy Police Officers' Association subject to approval of same by
the Health Department, Police and Fire Departments as recommended.
Films re:
Gilroy's
Champion-
ship Band
A letter from Ms. I. T. Montgomery donating films of Gilroy's
Championship Band on behalf of her father (Mr. Edward Towner), was noted.
Moti on was made by Council man Stout seconded by Counci 1 man Pate and carri ed
that the City accepts said films for safekeeping in the Gilroy Museum, noting
the City would accept normal responsibility for same and that a letter of
thanks be forwarded to Ms. Montgomery.
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Gilroy Golf A request of the Gilroy Golf & Country Club was noted for permis-
& Country sion to locate a security trailer at the Golf Course. Mr. Murphy, Operator
Club- addressed the Council noting that he would be agreeable to a one (1) year
Temp. period permit and further noted that said trailer would be under contract
trailer with a Septic Tank Service Company. Motion was made by Councilman Stout
seconded by Councilman Cunningham and carried that a one (1) year temporary
trailer permit be granted the Gilroy Golf and Country Club with the condi-
tions explained by Mr. Murphy.
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4187
Sales Tax
Alloca-
tion
Council deferred action on the request of the Inter-City Council
resolution on sales tax allocation for discussion under a forthcoming
agenda item this evening.
_"*1....
consolida- A letter from the Barrister1s Club of Santa
tion of noted in regard to consolidation of Municipal Courts.
Municipal at the request of the Barrister's Club to the March 5,
Courts- meeting.
Barris-
ters'Club
Clara County was
Council tabled same
1979 reqular Council
.....
Motion was made by Councilman Cunningham seconded by Councilman
Stout and carried that the City goes on record opposing this plan. The
City Attorney suggested that the Board of Supervisors and Judges Counsel
be notified of the City's action on same.
AB301 re: The League of California Cities Legislative Bulletin #6-79 was
Sales Tax noted and discussed. Motion was made ~y Councilman Link seconded by
Councilman Childers and carried that the City of Gilroy opposes AB301
regarding the League Sales Tax Proposal in reqard to Sales Tax and ap-
proves the Inter-City Council's Resolution on Sales Tax Allocation re-
questing that the League of California Cities and the City of San Jose
be notified of the City's action on same.
Plan. Com. The Report of the Planning Commission Meeting of February 15,
2-15-79 1979 was noted. Motion was made by Councilman Pate seconded by Council-
man ~ink and carried that a Public Hearing date of March 5, 1979 be set
Pub.Hear. on a rezoning request of Filice Estate Vineyards.
Filice Est.
Vineyards
rezoning
~.
Urban Ser- City Administrator Wood presented a report on City Urban Service
vice Area Area noting that LAFCO will not be taking action on the City's recommenda-
tion until March 7, 1979.
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Lewis St.
Improve-
ment
Director of Public Works-City Engineer Hansen presented a re-
port recommending approval of the plans and requesting permission to ad-
vertise bids for Improvement of Lewis Street east of Chestnut Street.
Discussion was had on the matter.
Motion was made by Councilman Link seconded by Councilman Pate
and carried that the plans for the Lewis Street Improvement Project be
approved and that bids be advertised for same provided that the improve-
ment is divided into two (2) projects in the event that the required
number of property owners do not concur with the proposal in order that
the work around the San Ysidro Park could be completed by the City.
....
Community A report on Community Housing Development Funding was noted
Housing and further explained by Mr. Ken Cooper in the absence of Dr. Rudy Melone,
Develop- noting that same was reagendized from the February 5, 1979 regular
ment Fund- Council Meeting.
ing Res.
#79-7 Discussion was had by Council on the matter.
Motion was made by Councilman Stout seconded by Councilman Link
that the reading of Resolution No. 79-7 be waived and that it be adopted,
noting specific changes to same in support of the concept only of said
proposal.
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RESOLUTION NO. 79 - 7
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ENDORSING THE CON-
CEPT OF THE NON PROFIT HOUSING DEVELOPMENT CORPORATION.
PASSED AND ADOPTED thi s 20th day of February, 1979, by the foll owi ng
vote:
AYES:
COUNCIL MEMBERS:
-
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT
and GOODRICH.
None
None
4188
Energy Conser- City Administrator Wood presented a report on Energy Conser-
vati on El e- vati on El ement Grantnoti ng that same was reagendi zed from the February ,._
ment Grant 5, 1979 regular Council Meeting. Motion was made by Councilman Cunning-
Res.#79-8 ham seconded by Councilman Pate that the reading of Resolution No. 79-8
be waived and that it be adopted, authorizing filing of an application
for an Energy Conservation Element Grant.
RESOLUTION NO. 79 - 8
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING THE FIL-
ING OF AN APPLICATION FOR A STATE ENERGY CONSERVATION EDUCATION GRANT.
PASSED AND ADOPTED this 20th day of February, 1979, by the following
vote:
AYES:
NOES:
ABSENT:
...
COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, PATE AND GOODRICH.
COUNCIL MEMBERS: CHILDERS, LINK and STOUT.
COUNCIL MEMBERS: None
.un
Growth Manage- Councilwoman Hughan noted that the Growth Management Advisory
ment Adv. Committee will have a proposed ordinance for Council approval. Council
Com. noted that they would like same presented for information to be intro-
duced at a later date to allow time for study of same.
Sr. Citizens
City Administrator Wood presented and read a letter of thanks
from the Gilroy Senior Citizens' Club for use of the Community Center
facilities since they are moving to a new facility and noting that they
wished to be notified of future Senior Citizens' events.
Pub.Hear.re:
HCD Prog.
City Administrator Wood presented a recommendation to hold a
Public Hearing on a proposed amendment to the City of Gilroy's Housing
and Community Development Program. Motion was made by Councilman Pate
seconded by Councilman Link and carried that the Public Hearing recom-
mended be set for March 5, 1979.
....
Fire Dept. City Administrator Wood recommended that a letter of commenda- __
tion be forwarded to the Gilroy Fire Department for rescue of two small
children in a recent fire. Motion was made by Councilwoman Hughan
seconded by Councilman Pate and carried that a letter of commendation be
forwarded to the Gilroy Fire Department as recommended.
Insurance Plan City Administrator Wood requested that he be authorized to
pursue a proposal to establish an insurance plan for the City in lieu of
Workmen's Compensation Insurance. Motion was made by Councilman Stout
seconded by Councilman Pate and carried that the City Administrator be
authorized to pursue same as recommended.
City Hall Site City Administrator Wood presented a bid for time and equipment
from Vic Coelho and Garcia in the amount of $6,322.00 for final demoli-
tion of the lands for the new City Hall site. Discussion was had on the
matter. Motion was made by Councilman Stout seconded by Councilman Link
and carried that the bid of Vic Coe1ho and Garcia in the amount of
$6,322.00 be awarded for time and equipment to complete final demolition
of the lands for the new City Hall site.
Sewer Adv.Com. City Administrator Wood noted that the Council Sewer Advisory
Committee has scheduled a meeting on 3:00 p.m. on February 22, 1979 with
the Consultants and that he would like the Committee to meet at 2:00 p.m.
on said date to review the cost comparisons prior to meeting with the
Consultants. The Sewer Advisory Committee agreed on said time and date.
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Res.#79-9
St. Name
changes
Director of Public Works-City Engineer Hansen recommended t~at
the southerly portion of Filbro Drive be renamed Royal Way and the easter-
ly portion of Filbro Drive be renamed Imperial Drive, both in the Filbro
Subdivision and approved by the Council Advisory Street Naming Committee.
Motion was made by Councilman Link seconded by Councilman Stout that the
reading of Resolution No. 79-9 be waived and that it be adopted.
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4189
RESOLUTION NO. 79 ~ 9
RESOLUTION OF-THE COUNCIL OF THE CITY OF GILROY RENAMING THE SOUTHERLY
PORTION OF FILBRO DRIVE, "ROYAL WAY" AND THE EASTERLY PORTION OF FILBRO
DRIVE "IMPERIAL DRIVE".
PASSED AND ADOPTED this 20th day of February, 1979, by the following
vote:
AYES:
NOES:
ABSENT:
Adjournment
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COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE,
STOUT and GOODRICH.
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
At 10:07 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
~k~ i:.,~~
/ City Cler /-