Minutes 1975/11/17
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November 17, 1975
Gilroy, California
The Regular Meeting of the Gilroy City Council was called to order
by His Honor Norman B. Goodrich at 8:00 p.m.
Roll Call Present: Council Members: Dennis L. DeBell, George T. Duffin,
Marion T. Link, John E. Pate, David V. Stout and Norman B. Goodrich.
Absent: Council Member: William E. Childers.
Intro.new The Mayor introduced new employee, Richard Brown, Recreation
emp. Supervisor I.
Consent Motion was made by Councilman Duffin seconded by Councilman Pate
Calendar that the following items under the Consent Calendar be approved. Passed and
adopted by the following Roll Call Vote: Ayes: Council Members: DeBell, Duf-
fin, Link, Pate, Stout and Goodrich; Absent: Council Member: Childers.
Minutes Approved the Minutes of the Regular Council Meeting of November
3, 1975;
Gen.Plan
Noise
Element
Set December 1, 1975 as a Public Hearing on the proposal of the
Planning Commission to amend the General Plan by adding the Noise Element;
Ord.#75-21
Cable TV
Adopted Ordinance No. 75-21 Transferring Gilroy Cable TV Franchise
to Falcon Communications, Inc.;
ORDINANCE NO. 75-21
ORDINANCE OF THE CITY OF GILROY CONSENTING TO TRANSFER OF A COMMUNITY
ANTENNA TELEVISION FRANCHISE FROM GILROY CABLE TV, INC. TO FALCON COM-
MUNICATIONS.
PASSED AND ADOPTED this 17th day of November, 1975, by the followinq vote:
AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, LINK, PATE, STOUT and GOODRICH.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBER: CHILDERS;
Ord.#75-22
One-Way
Alleys
Adopted Ordinance No. 75-22 amending the City Code Section 15.49
re: One-Way Alleys;
ORDINANCE NO. 75-22
AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 15.49 OF THE GILROY CITY
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CODE PERTAINING TO ONE-WAY TRAFFIC.
PASSED AND ADOPTED this 17th day of November, 1975, by the following vote:
AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, LINK, PATE, STOUT and GOODRICH.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBER: CHILDERS:
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Pub.Hear.re: Set December 1, 1975 as a Public Hearing on the proposal of the Plan-
Zon.Ord. ning Commission to amend the Zoning Ordinance Sections 32, 33, 64 and 68;
Sec.32,33,
64 & 68
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S.C.Co.
Heart
Assoc.
Waived a solicitation permit to Santa Clara County Heart Association
for a fund drive during February, 1976.
Forest St. It was noted that the one bid received for "Forest Street Park Bocci
Park-Bocci Ball Overhang Project 1975-1" of Gordon Farotte was in the amount of
Ball Crt. $11,180.00; that the estimate for said project was $7,000.00.
Director of Parks and Recreation Ayer explained same. Motion was
made by Councilman Stout seconded by Councilman Link and carried that the
bid be rejected and a change in the specifications be made as per Council
discussion and determine from the Forest Street Bocci Players what type of
a overhang they would be satisfied with at the Forest Street Park location.
Mr. M. J. Filice addressed the Council and noted that a good bocci
ball court requires a twenty (20) foot roof or overhang.
Pub.Hear.re: The Mayor stated that it was the time and place scheduled for a
Housing & Public Hearing on the Housing and Community Development Act of 1974.
Com.Dev. Associate Planner Lefaver explained the proposed plans for the second year
Block allocation of funds under said Development Block Grant.
Grant
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Judy Egbert, representing the Community Development Child Develop-
ment Council at 425 West Hedding Street, San Jose requested that the Council
reconsider child care needs in this community.
The Mayor asked if there was anyone else in the audience wishing to
speak for or against the proposal. There was no further comment from any-
one in the audience.
Motion was made by Councilman Pate seconded by Councilman Link and
carried that the Public Hearing be closed.
Motion was made by Councilman Stout seconded by Councilman Link and
carried that the second Public Hearing required for the second year Housing
and Community Development Act of 1974 be set for December 15, 1975.
Solid Waste
Management
Reports
The Mayor noted the Solid Waste Management Reports.
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Mr. Richard Luchetti, representing Clara Mateo Garbagemen's Associa-
ti on addressed the Counci 1 in re: to the Santa Cla'ra County Soli d \~astes
Management Plan. He requested that the City reject said plan on the basis
of objection to the surcharge tax and the ~ity should have a right to ap-
point the garbage company desired rather than the County having said right.
Extracts from the County Solid Waste Management Study were noted.
Motion was made by Councilman Stout seconded by Councilman Duffin
and carried that the City acknowledges acceptance of the plan but is not
concurring with it in its parts of entirety because it is not yet sufficiently
specific for the City to do so; it recognizes the fact that the City is in
a self contained area not to be used for those outside the area; that the
South County has no problem and should remain as a separate entity from the
rest of the County without the surcharge proposed.
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Wa ter We 11
Construc-
tion
A request of Santa Clara Valley Water District for endorsement of
Ordinance No. 75-6 in regard to Water Well Construction was noted. Council
referred same to the South County representatives before taking any action
on same.
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G il ray
Little
League-
Eastside
A letter from the South County Alternatives in regard to Eastside
Park was noted. It was noted that the matter of the Little League locating
at Eastside Park will be discussed later this evening.
Pk.
So. Valley
Land Use
Plan
The South Valley Land Use Plan was noted. It was further noted that
there would be another meeting on said Plan on November 20, 1975 in Morgan
Hill. Councilman Pate suggested that the appropriate time for City comments
on said Plan would be at the County Planning Commission level. Council agreed
that City representatives meet with the County Planning Staff on said plan
and make recommendations at that time.
Gilroy Unified A letter from the Gilroy Unified School District commending the City
School Police Department was noted.
District
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Post Office A memo from the Post Office regarding Delivery Service Policy was
Delivery noted.
Plan.Com.
Report
11-6-75
The Planning Commission Report of the November 6, 1975 meeting was
noted. Associate Planner Lefaver noted that the Commission concurred with
their existing requirement of a build-out schedule for Castlewood Park, Unit
No.8 of Filice Estates Vineyards and that build out schedules in general
continue to be used.
Mr. John Filice, Attorney, addressed the Council representing Filice
Estate Vineyards requesting that no build-out schedule be required for
Castlewood Monte Bello. Discussion was had by Council. Motion was made by Councilman
Unit #8 Stout seconded by Councilman Pate and carried that the request of Mr. Filice
be granted on the basis presented specifically that they apply for the per-
mits for 80 units after June 1, 1976 and complete the project in 1977.
Councilman Duffin voted "noll on the motion.
The Mayor deviated from the regular agenda in order to accommodate
interested persons in the audience.
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Gilroy Little A Report of the Council Advisory Committee regarding recommendation
League- on Gilroy Little League facilities at Eastside Park was noted and explained
Eastside by Councilman Link.
Park
Mr. Frank Perino, President of the Gilroy Little League addressed
the Council and requested Council approval of a proposed plan for Gilroy
Little League Facilities at Eastside Park.
Mr. Frank Biafore, Parks and Recreation Commissioner, addressed the
Council concurring with the recommendation of the Council Advisory Committee.
Mr. Jaime Russo, 7581 Hanna Street, representing South County Alterna-
tives addressed the Council in suoport of the Parks and Recreation Director's
recommendation opposing the Gilroy Little League facilities at Eastside Park.
The recommendations of the Parks and Recreation Commission and the
Parks and Recreation Director were noted by Parks and Recreation Director
Ayer. Parks and Recreation Director Ayer further explained the reasoning
for said recommendations.
City Administrator Wood noted that previous grants received for
development of Eastside Park were received on the basis of the .present
Master Plan of Eastside Park; that if the City elected to locate the Gilroy
Little League Facilities at Eastside Park deviating from the Master Plan,
that the City would be required to resubmit said plans back to HUD for
their approval of same. There is a definite concern they would not inter-
pret this proposed Little League plan as a neighborhood park. Under our
deed restrictions the City would have to repay the prior grants.
Ms. Estella Garcia, 1995 Hecker Pass Highway, addressed the Council
requesting that Eastside Park be used as neighborhood park facilities as there
are presently no park facilities in the area in question for the low income
fami 1 i es .
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Recess
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Personnel
Com.Re-
port
11-5-75
Personnel
Rules &
Regula-
tions
3745
Parks and Recreation Commissioner Ken Cooper addressed the Council noting
that the City's Master Plan for Eastside Park specifically requires same to be
a Neighborhood Park in its totality.
Councilman Link agreed that HUD should be contacted to determine if
they would allow Little League facilities proposed at Eastside Park.
Councilman Stout noted that he originally thought that the City and
Commission were not cooperating with the Gilroy Little League but he is now in
the opinion that the City is doing everything possible to cooperate with them.
Councilman Pate stated that he is opposed to changing the Master Plan
of Eastside Park.
Motion was made by Councilman Link that the City accept and approve
the recommendation of the advisory committee to locate Little League facilities
at Eastside Park as presented with final plans to be worked out with one (1)
Council Member appointed by the Mayor and the Parks and Recreation Director.
Motion died for lack of a second.
Councilman Stout suggested that the Gilroy Little League investigate
the possibility of utilizing the School's Property on Kern Avenue for Little
League facilities.
Motion was made by Councilman Stout seconded by Councilman Pate and
carried that Eastside Park not be used as a baseball complex proposed by the
Gilroy Little League and recommended by the majority of the Council Advisory
Committee; but that same be used as a Neighborhood Park as recommended by
the Parks and Recreati on Commi ss i on and Di rector. Counci 1 man Li nk voted "no II
on the motion.
The Mayor declared a recess at 11:10 p.m. and reconvened the meeting
at 11:16 p.m.
The Report of the Personnel Commission Meeting of November 5, 1975 was
noted and discussed.
The proposed Personnel Rules and Regulations recommended were discussed.
Council referred said Personnel Rules and Regulations to the City Attorney to
discuss same with Councilman Stout for comment on same to be in writing and
submitted to Council.
Director of Discussion was had on the recommendation to abolish the classification
Planning of Associate Planner and approval of the classification for Director of Plan-
ning. Motion was made by Councilman Pate seconded by Councilman Duffin and
carried that the classification for Director of Planning be approved as recom-
mended by the Commission. Councilman Stout voted "noll on the motion.
Monthly The Summary of Monthly Reports of September 1975 was noted and dis-
,Reports cussed.
Sept. '75
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Deferred
Improve.
Agree.-
Connell &
Hirasaki
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Director of Public Works-City Engineer Hansen presented deferred Im-
provement Agreements of D. Connell and M. Hirasaki. Motion was made by
Councilman Duffin seconded by Councilman Pate and carried that the Deferred
Improvement Agreements for D. Connell and M. Hirasaki be approved as presented.
Murray Ave. A request to proceed with formation of the Murray Avenue Improvement
Imp.Proj.-District Project 1975-5 was noted. Councilman Stout noted that he would be
75-5 absent from discussion and action in regard to said project due to a conflict
of interest on same.
Res.#75-49
thru #75-
56
City Administrator Wood explained the proposed project.
Resolution No. 75-49, A Resolution Appointing Engineer and Authoriz-
ing Execution of Agreement for Engineering Services in Connection with Murray
Avenue Improvement District, was read. On motion of Councilman Duffin seconded
by Councilman Pate and unanimously carried, said Resolution was adopted.
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RESOLUTION NO. 75-49
A RESOLUTION APPOINTING ENGINEER AND AUTHORIZING EXECUTION OF AGREEMENT
FOR ENGINEERING SERVICES IN CONNECTION WITH MURRAY AVENUE IMPROVEMENT
DISTRICT - PROJECT 1975-5.
PASSED AND ADOPTED this 17th day of November, 1975 by the following vote:
AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, LINK, PATE and GOODRICH.
NOES: COUNC I L MEMB ERS: None
ABSENT: COUNCIL MEMBERS: CHILDERS and STOUT.
Resolution No. 75-50, a Resolution Appointing Attorneys, was read.
On motion of Councilman Duffin seconded by Councilman Pate and unanimously
carried, said Resolution was adopted.
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RESOLUTION NO. 75-50
A RESOLUTION APPOINTING ATTORNEYS - MURRAY AVENUE IMPROVEMENT DISTRICT-
PROJECT 1975-5.
PASSED AND ADOPTED this 17th day of November, 1975 by the following vote:
AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, LINK, PATE and GOODRICH.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: CHILDERS and STOUT.
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Resolution No. 75-51, A Resolution of Preliminary Determination and
of Intention, was read. On motion of Councilman Duffin seconded by Council-
man Pate and unanimously carried, said Resolution was adopted.
RESOLUTION NO. 75-51
A RESOLUTION OF PRELIMINARY DETERMINATION AND OF INTENTION - MURRAY AVENUE
IMPROVEMENT DISTRICT - PROJECT 1975-5.
PASSED AND ADOPTED this 17th day of November, 1975 by the following vote:
AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, LINK, PATE and GOODRICH.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: CHILDERS and STOUT.
The Engineer presented his Report consisting of plans, specifica-
tions, maps and descriptions, estimate of costs, diagram and assessment.
After full discussion and consideration by the Council, the Report was
ordered filed.
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Resolution No. 75-52, A Resolution of Preliminary Approval of
Engineer's Report was read. On motion of Councilman Duffin, seconded by
Councilman Pate and unanimously carried, said Resolution was adopted.
l.
RESOLUTION NO. 75-52
A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT - MURRAY AVENUE
IMPROVEMENT DISTRICT - PROJECT 1975-5.
PASSED AND ADOPTED this 17th day of November, 1975 by the following vote:
AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, LINK, PATE and GOODRICH.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: CHILDERS and STOUT.
Resolution No. 75-53, A Resolution Establishing Prevailing Wage
Scale, was read. On motion of Councilman Duffin, seconced by Councilman
Pate and unanimously carried, said Resolution was adopted.
RESOLUTION NO. 75-53
A RESOLUTION ESTABLISHING PREVAILING WAGE SCALE - MURRAY AVENUE IMPROVE-
MENT DISTRICT PROJECT 1975-5.
PASSED AND ADOPTED this 17th day of November, 1975 by the following vote:
AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, LINK, PATE and GOODRICH.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: CHILDERS and STOUT.
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Resolution No. 75-54, A Resolution Appointing Time and Place of
Hearing Protests in Relation to Proposed Acquisitions and Improvements,
and Directing Notice, was read. On motion of Councilman Duffin seconded
by Councilman Pate and unanimously carried, said Resolution was adopted.
RESOLUTION NO. 75-54
A RESOLUTION APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO
3747
PROPOSED ACQUISITIONS AND IMPROVEMENTS, AND DIRECTING NOTICE - MURRAY AVENUE
IMPROVEMENT DISTRICT - PROJECT 1975-5.
PASSED AND ADOPTED this 17th day of November, 1975, by the following vote:
AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, LINK, PATE and GOODRICH.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: CHILDERS and STOUT.
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Resolution No. 75-55, A Resolution Calling for Sealed Proposals and
Fixing Liquidated Damages for Failure to Complete the Work within time
specified, was read. On motion of Councilman Duffin, seconded by Councilman
Pate and unanimously carried, said Resolution was adopted.
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RESOLUTION NO. 75-55
A RESOLUTION CALLING FOR SEALED PROPOSALS AND FIXING LIQUIDATED DAMAGES FOR
FAILURE TO COMPLETE THE WORK WITHIN TIME SPECIFIED - MURRAY AVENUE IMPROVE-
MENT DISTRICT - PROJECT 1975-5.
PASSED AND ADOPTED this 17th day of November, 1975, by the following vote:
AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, LINK, PATE and GOODRICH.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: CHILDERS and STOUT.
Resolution No. 75-56, A Resolution Describing Proposed Boundaries
of Assessment District, Directing Filing of Boundary Map and Assessment Dia-
gram and the Recordation of Notice of Assessment, was read. On motion of
Councilman Duffin, seconded by Councilman Pate and unanimously carried, said
Resolution was adopted.
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. RESOLUTION NO. 75-56
A RESOLUTION DESCRIBING PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT, DIRECTING
FiLING OF BOUNDARY MAP AND ASSESSMENT DIAGRAM AND THE RECORDATION OF NOTICE
OF ASSESSMENT - MURRAY AVENUE IMPROVEMENT DISTRICT - PROJECT 1975-5.
PASSED AND ADOPTED this 17th day of November, 1975, by the following vote:
AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, LINK, PATE and GOODRICH.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: CHILDERS and STOUT.
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1974-75 Council reviewed the 1974-1975 External Audit including Revenue
Audit Sharing Report of Arthur Young & Company.
Councilman Stout recommended that the City maintain a register of
an itemization of fixed assets indicating all of the City's equipment, costs
and maintenance of said equipment.
Motion was made by Councilman Stout seconded by Councilman Link
and carried that $400,000.00 be transferred from the General Fund to the
Capital Outlay Revolving Sewer Plant Fund.
Motion was made by Councilman Pate seconded by Councilman Link and
carried that the 1974-1975 External Audit of Arthur Young & Company be accepted.
Parking Regu- A recommendation to adopt regulatory parking resolutions was noted
lations and discussed.
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Res.#75-57 Motion was made by Councilman Duffin seconded by Councilman Pate
that the reading of Resolution No. 75-57 amending the City Code by designa-
ting parking time limits within the City, be waived and that it be adopted,
to become effective December 3, 1975.
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RESOLUTION NO. 75-57
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DESIGNATING PARKING TIME
LIMITS WITHIN THE CITY.
PASSED AND ADOPTED this 17th day of November, 1975, by the following vote:
AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, LINK, PATE, STOUT and GOODRICH.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBER: CHILDERS.
Res. #75-58 Motion was made by Councilman Pate seconded by Councilman Link
that the reading of Resolution No. 75-58 re: Angle Parking be waived and
that it be adopted, to become effective December 3, 1975.
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RESOLUTION NO. 75~58
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING ANGLE PARKING
WITHIN THE CITY.
PASSED AND ADOPTED this 17th day of November, 1975, by the following vote:
AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, LINK, PATE, STOUT and GOODRICH.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBER: CHILDERS.
Inter-City City Administrator Wood noted the Inter-City Council IS Annual
Council Christmas Dinner Meeting at Moffett Field on December 11, 1975.
Sewer Adv. Council set November 25, 1975 at 10:00 a.m. as a Council Sewer
Com. Advisory Committee Meeting on the Industrial Wastewater Preliminary Report.
Water Quality City Administrator Wood reported on the recent meeting with the
Control Water Quality Control Board.
Board
Adjournment At 12:19 a.m., Tuesday, November 18, 1975 the Mayor adjourned the
meeting.
Respec~fully submitted,
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