Minutes 1977/08/01
1 3966
Roll Call
Res. #77-51
Consent
Calendar
Minutes
August 1, 1977
Gilroy, California
The Regular Meeting of the Gilroy City Council was called to
order by His Honor Mayor Protempore John E. Pate at 8:02 p.m.
Present: Council Members: William E. Childers, Brian D.
Cunningham, Roberta H. Hughan, Marion T. Link, David V. Stout and
John E. Pate. Absent: Council Member: Norman B. Goodrich.
Mayor Protempore Pate noted that Mayor Goodrich was on
vacation.
Motion was made by Councilman Stout seconded by Councilman
Childers that the reading of Resolution No. 77-51 be waived and
that it be adopted.
RESOLUTION NO. 77-51
RESOLUTION OF THE GILROY CITY COUNCIL HONORING JACK ROCCA UPON HIS
RETIREMENT FROM PUBLIC SERVICE.
PASSED AND ADOPTED this 1st day of August, 1977, by the following
vote:
AYES:
COUNCIL MEMBERS:
Cunningham, Hughan, Link, Stout
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBER:
Childers,
and Pate
None
Goodri ch
Councilman Cunningham requested that Item IIBII regarding a
proposed School Impact Ordinance be removed from the Consent Calendar
for discussion.
Motion was made by Councilman Link seconded by Councilman
Childers that the following it~ on the Consent Calendar be approved
by the following Roll Call Vote: AYes: Council Members: Ch~lders,
Cunningham, Hughan, Link, Stout and Pate; Absent: Council Member:
Goodrich.
Approved the Minutes of the Regular Council Meeting of July
18, 1977.
Discussion was had on the proposed ordinance relating to
issuance of building permits in attendance areas of impacted schools.
Mr. James O'Brien, representing the Associated Builders of
California, addressed the Council noting that said proposed ordinance
is discriminatory.
Mr. Ed Lazzarini, developer, addressed the Council in regard
to said proposed ordinance.
Ord. #77-25
School Im-
paction
-
i
-
Pub. Hear. re:
Arcadia Dev.
Prezoning
.....,.,...
3967
Motion was made by Councilman Cunningham seconded by Council-
woman Hughan that the reading of the proposed ordinance be waived and
that it be adopted.
ORDINANCE NO. 77-25
AN ORDINANCE OF THE COUNCIL OF THE CITY OF GILROY RELATING TO ISSUANCE
OF BUILDING PERMITS IN ATTENDANCE AREAS OF IMPACTED SCHOOLS.
PASSED AND ADOPTED this 1st day of August~ 1977, by the following vote:
AYES: COUNCIL MEMBERS: Childers, Cunningham, Hughan, Stout and Pate.
NOES: COUNCIL MEMBER: Link
ABSENT: COUNCIL MEMBER: Goodrich
Council unchanged a previous policy that applicants for building
permits would continue to receive written approval from the School
District prior to the City issuing a permit.
Mayor Protempore Pate noted that it was the time and place
scheduled for presentation of the report on the E.I.R. Certification
for Arcadia Development Company prezoning request.
Planning Director Bedaux presented and explained a report on
said E.I.R. Certification.
Mayor Protempore Pate noted that Councilman Stout would be
absent during the discussion and would not vote on the matter due to
a conflict of interest in said property.
Motion was made by Councilman Link seconded by Councilman
Childers and carried that the E.I.R. for Arcadia Development Company
property be acdepted as being certified.
Mayor Protempore Pate noted that it was the time and place
scheduled for the Public Hearing on the prezoning request of Arcadia
Development Company for 68 acres located on the north side of Thomas
Road and adjacent to Monterey Highway, from Al-2.5 (County Agricultural)
Zone to R1 (Single Family Residence) District.
Planning Director Bedaux presented and explained Staff's report
on the proposed prezoning request. Director of Public Works-City
Engineer Hansen further explained the storm drainage requirement for
said proposed development.
Joe Triguiero, representing Ruth, Going & Curtis, further
explained the prezoning request and reported that the build-out sche-
dule of 45 units was not sufficient and requested 45 units on new
property and after completion of the new sewer treatment plant facility,
allow 90 units per year and further, that the year begin either on a
calendar or fiscal year.
Mayor Protempore Pate asked if there was anyone else in the
audience wishing to speak for or against the prezoning 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.
Discussion was had by Council on the proposed prezoning request.
Motion was made by Councilman Link seconded by Councilman
Childers to accept the prezoning request and certify that there is no
long-term adverse affect (no environmental impact) on the property and
that an ordinance be introduced prezoning said property. Motion did
not carry. Counci 1 r~embers Cunningham and Hughan voted IINo" on the
motion. Council Members Stout and Goodrich were absent.
At the approval of Council Members Link and Childers, Mayor
Protempore Pate re-opened the Public Hearing on the prezoning request.
Motion was made by Councilman Cunningham seconded by Council-
woman Hughan and carried that the Public Hearing be continued to the
August 15, 1977, regular Council Meeting.
3968
Inter-Ci ty
Council
(Self In-
surance)
Res. #77-52
So. Co.
Health
Clinic
Council requested that the Council Sewer Advisory Committee
further study the sewer capacity projections and present their
recommendation on same at the Public Hearing of August 15, 1977.
The Sewer Advisory Committee set a study meeting for August 4, 1977
at 3:00 p.m. to study same.
Motion was made by Councilman Link seconded by Councilwoman
Hughan and carried that the Subdivision Map be available at the
continued public hearing.
Mayor Protempore Pate asked if there was anyone in the
audience wishing to speak on any matter not on the agenda.
Former Councilman George T. Duffin addressed the Council
noting that the Golf Course turf need maintenance, specifically,')
rodent control and maintenance of the turf and suggested that the
Director of Parks and Recreation be in charge of same.
-
ilIoc....,;,._~
Mayor Protempore Pate instructed the Council Advisory Golf
Course Committee (Chairman Childers, Hughan and Stout) attend the
Board of Director's Golf Course Meeting August 2, 1977, and advise
them of the condition of the Golf Course and report back to Council
on the matter.
Mr. Duffin further commented that the cart paths are re-
quired to be maintained by the Operator from the fees collected
for use of the golf carts and that the only cart path maintenance
has been done by CETA workers of the City.
The Report of the Parks and Recreation Director on the
condition of said Golf Course under information communications
(VII.B.1.) of the Agenda was noted. Council requested that the
Golf Course Advisory Committee of the Council present same at the
Board of Directors' meeting August 2, 1977.
City Administrator Wood presented a report from the Inter-
City Council in regard to Self Insurance Study.
Motion was made by Councilwoman Hughan seconded by Council-
man Childers that the reading of Resolution No. 77-52 be waived and
that it be adopted relating to participation in the Joint Liability
Insurance Study.
....
-
RESOLUTION NO. 77-52
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY RELATING TO
PARTICIPATION IN JOINT LIABILITY INSURANCE STUDY.
PASSED AND ADOPTED this 1st day of August, 1977, by the following
vote:
AYES:
COUNCIL MEMBERS:
Cunningham, Hughan, Link, Stout
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBER :
Childers,
and Pate
None
Goodrich
City Administrator wcod presented a request of Supervisor
Sanchez for a sewer hook-up for the planned South County Health
Clinic.
Mr. T. Dooley, County Architectural Department, addressed
the Council noting proposed projected employee figures for said ...
clinic.
....
Motion was made by Councilman Link seconded by Councilwoman
Hughan and carried that the request for a sewer hook-up for the
planned South County Health Clinic be approved noting that same is
being granted for a public building and for this building only and
that fees for same would be based upon the same type of fees as would
be required of a hospital with the exception that same is not located
within the City Limits.
Carni va 1-
National
Guard
Water Reclama-
tion Proj.
.....,.._-.."l
~..,...
Kent Enter-
pri ses
Store Front
Rehabi 1 i ta-
tion-HCD
Funds
Water Condi-
t i on s
ABAG Corri dor
Study
Recess
P & R Com.
Meeting
7/26/77
Monthly
Reports
June '77
.39~f
A request from the local National Guard Unit for a permit
for a "Unitll Carnival and Helicopter landing was noted. Motion
was made by Councilman Cunningham seconded by Councilman Childers
and carried that said request for a carnival and helicopter landing
be approved.
A request of the South Santa Clara Valley Water Conservation
District for a Bilateral Agreement with the City on the Water Re-Use
Project was presented.
Mr. Courtland Rush addressed the Council and requested that
said matter be tabled in order that he could review same with his
Board. '
Council agreed and Mayor Protempore Pate tabled said matter.
Mr. William K. Henry, Civil Engineer, addressed the Council
and explained a request of Kent Enterprises for City's support of a
planned county residential development and future City development.
Motion was made by Councilman Cunningham seconded by Councilman Stout
and carried that said request be denied without prejudice and referred
same to the Planning Commission regarding inclusion of said property
in the City's 5 Year Urban Service Area. Councilman Link voted IINolI
on the motion.
A request of the Downtown Renewal Committee was presented for
$2,000.00 of Community Grant Funds for Store Front Rehabilitation Plan-
ning. Council tabled action on same to await presentation of the entire
project.
A report of the Santa Clara Valley Water District was presented
on current water conditions.
A report on an ABAG Corridor Study Meeting at Gilroy on July
28, 1977, was discussed and noted.
Mayor Protempore Pate declared a recess at 10:36 p.m. and
reconvened the meeting at 10:46 p.m.
Council continued the discussion on the ABAG Corridor Study.
Discussion was had on up-dating the City's General Plan. Planning
Director Bedaux addressed the Council and noted that presently a land
use study is being conducted by the Planning Department and that pre-
liminary estimates would hopefully be available in approximately one
month. Council requested Staff study said report and determine how
said figures presented will fit in with the City's projections.
The following informational items were noted with no separate
discussion on same.
Parks and Recreation Director's Report on the condition nf the
Golf Course; and
Report on the First Intergovernmental Council Meeting.
The Minutes of the Parks and Recreation Commission Meeting of
July 26, 1977, were noted.
Discussion was had on the matter of the Parks and Recreation
Department's move of their offices to the second story of the Gilroy
Community Center.
The Summary of the monthly reports of June, 1977, were noted
and discussed.
Councilman stout inquired of the per capita figures of the
Fire Department as not being correct.
-()-bfffi
.597C)
Police Offi-
cers Off-
Duty Hour
Rate
Justice Ct.
Bldg.
Salary
Increase
Kern Ave.
Proposed
Dev.
iTIttffi
A letter from the Operating Engineers Local No. 3 was noted
in regard to Police Officer's Hourly Pay for Off-Duty Services for
Private Groups.
City Administrator Wood reported that legal representatives
for the City and for the Police Department's agent have indicated
that action on the matter would not be opening negotiations of the
Memorandum of Understanding. Motion was made by Councilman Link
seconded by Councilman Stout and carried that the hourly pay for
Police Officers for off-duty services for private groups be approved
at $10.00 per hour as requested.
...
City Administrator Wood presented and explained a County
proposal to sell the local justice court building and appurtenant
improvements to the City.
-,
Council took no action on same for the reason that same is
premature.
City Administrator Wood reported that the Bay Area Consumers'
Price Index, March to March, was reported to the City as being a
6.46% cost of living increase and following the July payroll distri-
bution which included this increase, the City was informed that the
correct cost of living increase was 6.34%. Council a9reed that this
overpayment be deducted from the August payroll pending receipt of
said cost of living increase percentage in writing.
Mayor Protempore Pate deviated from the regular agenda in
order to accommodate interested persons in the audience.
Planning Director Bedaux presented and explained Staff's
Report and recommendation on a proposed development east of Kern
Avenue at the end of Ramona Way for c single family residences.
Director of Public Works-City Engineer Hansen addressed ...
the Council noting that said proposal would not create additional
flooding problems in the area. He further inquired of City's ~
building moratorium in the area noting that there was no written
policy of the Council in regard to same.
It was noted that the question before the Council at this
time is approval of the proposed subdivision and Council policy
in regard to future development in the vicinity of Kern Avenue.
Mrs. Arnberg, property owner in the area, addressed the
Council and noted that she would protest the proposed subdivision
if additional drainage improvements are not required, over and
above what has been presented for drainage requirements of the pro-
posed project.
Mr. Trevis Berry, representing Mrs. Gibson, property owner
in the area, opposed stopping development in the area.
Mr. Lloyd Martin, developer of the proposed subdivision,
addressed the Council noting that said project will not create a
flooding problem and explained measures that will be taken and re-
quired to eliminate flooding proposed to be created by said project.
Motion was made by Councilman Stout seconded by Councilman
Childers and carried that the proposed subdivision of Mr. Lloyd
Martin be approved as recommended by the Director of Public Works.
-
~
Council tabled action on Council policy for future develop-
ment of the subject area.
The City Attorney noted that the building moratorium in the
area was for the area west of Kern Avenue. Council requested that
the Director of Public Works present a recommendation on this matter.
Director of Public Works-City Engineer Hansen noted that he would
recommend a moratorium on annexation of property in the area at this
time.
Mira Loma
Unit #3
Tr. 6073
Mira Loma
Unit #4
Tr. 6013
_..,,.,,,
Rancho El
Dorado
Estates Tr.
#5507
Subdi vi s i on
Fees
~",;.",*,
3971
Director of Public Works-City Engineer Hansen recommended
approval of the final map for Mira Loma Valley, Unit No.3, Tract 6073,
and execution of the Development Agreement. Motion was made by Council-
man Childers seconded by Councilman Link that the final map and develop-
ment agreement presented for Mira Loma Vall~y, Unit No.3, Tract 6073,
be approved as recommended.
Director of Public Works-City Engineer Hansen recommended
approval of the final map for Mira Loma Valley, Unit No.4, Tract 6013
and execution of the Development Agreement. Motion was made by Council-
man Childers seconded by Councilman Link that the final map and develop-
ment agreement presented for Mira Loma Valley, Unit No.4, Tract 6013
be approved as recommended. Hotion failed by the following Roll Call
Vote: AYes: Council Members: Childers, Link and Pate; Noes: Council
Members: Cunningham, Hughan and Stout; Absent: Council Member: Goodrich.
Director of Public Works-City Engineer Hansen recommended that
the Storm Drain System for Rancho El Dorado Estates, Tract #5507 not
be accepted at this time. Councilman Cunningham did not enter into
the discussion nor vote on the matter due to a conflict of interest.
Motion was made by Councilman Link seconded by Councilman Stout
and carried that the Storm Drain System for Rancho El Dorado Estates,
Tract #5507 not be accepted at this time as recommended by the Director
of Public Works-City Engineer.
Director of Public Works-City Engineer Hansen recommended an
amendment to Resolution No. 76-41 regulating the subdivision or develop-
ment of property. Discussion was had on the matter.
Motion was made by Councilman Link seconded by Councilman Stout
and carried that said matter be tabled for future study. Council Member
Pate voted "NolI on the motion.
Council was requested to retain the Director of Public Works-
City Engineer's report on recommendation to amend Resolution No. 76-41
for future study and action on same.
D nt n Alle Director of Public Works-City Engineer Hansen recommended
ow ow y acceptance of the Downtown Alley Improvement Project, Phase~ Motion
Imp.-Phase II was made by Councilman Stout seconded by Councilman Link and carried
that the Downtown Alley Improvement Project, Phase.IJ:, be accepted as
recommended by the Director of Public Works-City Engineer.
3 Yr. Program
Budget-HCD
Grant
The Three-Year Program Budget for Housing and Community Develop-
ment was presented.
Motion was made by Councilman Link seconded by Councilman
Cunningham and carried that a Public Hearing date of August 15, 1977,
be set for said Three-Year Program Budget for HCD.
Council had no objection for Staff including $2,000 within said
budget for Store Front Rehabilitation Planning requested by the Downtown
Renewal Committee for consideration of same at said hearing.
Ord. #77-26 re: An ordinance previously introduced and published by title and
Council summary providing for salaries for Council Members was presented for
Salaries adoption.
Motion was made by Councilman Stout seconded by Councilman
Cunningham that the reading of Ordinance No. 77-26 be waived and that
it be adopted.
ORDINANCE NO. 77-26
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY REPEALING
ORDINANCE NO. 978 AND PROVIDING FOR SALARIES FOR MEMBERS OF THE CITY
COUNCIL.
PASSED AND ADOPTED this 1st day of August, 1977, by the following vote:
AYES: COUNCIL MEMBERS: Childers, Cunningham, Hughan, Stout and Pate
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBER: Goodrich
1 3972
Old City Hall
Lease
Weather pre-
dictions
~~ater Conser-
vation
Inter-C ity
Counci 1
Adjournment
City Administrator Wood presented a proposed lease with Moun-
tain Charley's for the Old City Hall building with changes requested
by Council. He noted that the City Attorney had not reviewed same
with the changes. Motion was made by Councilman Link seconded by
Councilman Stout and carreid that action on said lease be continued
to the next regular Council Meeting of August 15, 1977, in order
to allow the City Attorney to review same.
Motion was made by Councilman Cunningham seconded by Council-
man Childers and carried that the hot weather stop by August 15,
1977, and that the rains begin September 15, 1977. Council Members
Link and Stout voted IINo" on the motion noting that same was an act
beyond their control.
r,1otion was made by Councilman Stout seconded by Councilman
Link that a proposed resolution be adopted prohibiting outside
watering between the hours of 8:00 a.m. and 6:00 p.m. Said resolu-
tion was not adopted by the following Roll Call Vote: Ayes: Coun-
cil Members Link and Stout; Noes: Council Members Childers, Cunning-
ham, Hughan and Pate. Absent: Council Member: Goodrich.
It was noted that no reservations would be required for the
Inter-City Council Meeting OT August 4, 1977, at Rickey'~ Hy~tt
House in Palo Alto.
At 12:41 a.m., Tuesday, August 2, 1977, Mayor Protempore
Pate adjourned the meeting.
Respectfully submitted,
..."r'/
City Clerk