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Minutes 1977/09/19 Roll Call ,- Consent Calendar Minutes 3987 September 19, 1977 Gilroy, California 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, John F. Pate, David V. Stout and Norman B. Goodrich. Absent: Council Member: Marion T. Link. Councilman Stout declared himself absent from voting on the Consent Calendar due to a conflict of interest with one of the items. Motion was made by Councilman Pate seconded by Councilman Childers that the following items under the Consent Calendar be approved by the following Roll Call Vote: Ayes: Council Members: Childers, Hughan, Pate and Goodrich; Noes: Council Member: Cunningham; Absent: Council- members: Link and Stout. Approved the Minutes of the Regular Council Meeting of September 6, 1977; Approved Salary Achievement Level Increases for the following five (5) city employees: Butch Hart, Recreation Supervisor I, Range 28.5 from Step B, $985 to Step C, $1035; Dan Renville, Police Officer, Range 32.a from Step B, $1179 to Step C, $1238; Al Wilson, Sr. Groundskeeper, Range 29.5 from Step D, $1150 to Step E, $1197; Frank Munoz, Grounds- keeper I, Range 25 from Step B, $832 to Step C, $871; effective October 1, 1977, and Leana Vogel, Personnel Clerk, Range 22.5 from Step D, $810 to Step E, $852, effective retroactive from August 1, 1977; Ord. #77-31 Adopted Ordinance No. 77-31 prezoning 68 acres adjoining the Prezoning City on the north side of Thomas Road and west of Monterey Highway as Arcadia Dev. R1 (Single Family) District belonging to Arcadia Development Co.; Sa 1 ary Increases - Pub. Hear. M.Bertolone rezoning Pub. Hear. T. r~angano rezoning ORDINANCE NO. 77-31 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY PREZONING 68 ACRES ADJOINING THE CITY OF GILROY ON THE NORTH SIDE OF THOMAS ROAD AND WEST OF MONTEREY HIGHWAY AS R-1 (SINGLE FAMILY RESIDENCE) . PASSED AND ADOPTED this 19th d~y of September, 1977, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: CHILDERS, HUGHAN, PATE AND GOODRICH COUNCIL MEMBER: CUNNINGHAM COUNCIL MEMBERS: LINK AND STOUT; re: Set October 3, 1977, as a Public Hearing date on a rezoning request of Mike Bertolone for property located on the south side of Tenth Street adjacent and to the west of 7-11 market on Tenth Street from R3 (Low-Density Multiple-Family) District to C2 (General Commercial) District; and re: Set October 3, 1977, as a Public Hearing on a rezoning request of Thomas B. Mangano for property located on the south side of Leavesley Road, west of Swanston Lane, east of Forest Street and extending south approximately 340 feet from M2 (General Industrial) District to C2 (General Commercial) and R3 (Low-Density Multiple ~Family) Districts. Pub.Hear. re: The Mayor stated that it was the time and place scheduled for a Weed Abate. Public Hearing to confirm a report and providing for special assessments regarding weed abatement. The report of the Fire Chief in regard to said Weed Abatement program was noted. The Mayor asked if there was anyone in the audience wishing to speak for or against said weed abatement program. There was no comment from anyone in the audience. Motion was made by Councilman Pate seconded by Councilman Childers and carried that the public hearing be closed. "'-"-~ 3988 Res. #77-61 Motion was made by Councilman Stout seconded by Councilman Childers that the reading of Resolution No. 77-61 be waived and that it be adopted. Mira Loma Dev. National Energy Act Leaque Bull etin RESOLUTION NO. 77-61 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CONFIRMING THE REPORT OF THE CHIEF OF THE FIRE DEPARTMENT SETTING FORTH THE DESCRIPTION OF PROPERTY, THE OWNERS THEREOF, AND THE COST OF ABATING THE NUISANCE CAUSED BY THE GROWING OF WEEDS AND ACCUMULATION OF REFUSE IN THE CITY OF GILROY, AND PROVIDING THAT SUCH COSTS SHALL CONSTITUTE ASSESS- MENTS AGAINST THE RESPECTIVE OWNERS OF LAND. PASSED AND ADOPTED this 19th day of September, 1977, by the following vote: AYES: ... - COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, PATE, STOUT AND GOODRICH NONE LINK NOES: ABSENT: COUNCIL MEMBERS: COUNCIL r~EMBER: Dr. Carl Bozzo addressed the Council requesting presentation of a proposed private street within Mira Loma Development. Director of Public Works-City Engineer Hansen noted that the City has no objections to said street (Buttercup Lane) being a private street if same is constructed to City standards. Discussion was had by Council in regard to said request. Motion was made by Councilman Pate seconded by Councilwoman Hughan and carried that the request for Buttercup Lane in Mira Loma Development as a private street be approved. Councilman stout voted "noll on the motion. A letter from P. G. & E. in regard to proposed National Energy Act was noted and discussed. Council took no action on same. .. The Leaque of California Cities Leqislative Bulletin #30-77 was noted and discussed. Council supported the League's position on same. "',.."iiii:. Transition A letter from the Coun~y of Santa Clara in regard to Transi- Areas tion Areas Study and Action Plan was noted. Mr. Bruce Freeland, County Planninq Staff, addressed the Council and summarized the Board of Supervisors' action of September 14, 1977. Discussion was had by Douncil on said matter. Motion was made by Councilman Pate that the City declare its intent to engage in a joint City-County Planning effort and that County and City Staffs prepare a proposal for Council on recommended procedure including manpower and monetary budget required to accom- plish this effort. Motion died for lack of a second. Motion was made by Councilman Pate seconded by Councilman Stout and carried that the City declare its intent to engage in a joint City-County Planning effort. .. Further discussion was had by Council on said matter. Motion was made by Councilman Pate seconded by Councilman Stout and carried that alternate recommendations from City's Staff on procedures, manpower and budget that might be required to engage in a joint City-County Study be prepared for Council action on same. - Sewer Grant A letter from the Division of Water Quality in re: Land Allo- cation under the Sewer Grant was noted and explained by City Adminis- trator Wood. Discussion was had on the matter. Sewer Treat- ment Plant C of C Ind. Re po rt ,."'",,,. Solid Waste Manage. Chg. .- Pl an. Com. 9/15/77 P & R Com. 8/23/77 Monthly Reports Fund Trans- fer Off-Site Dev. Fees ~ 3989 A letter from the Environmental Protection Agency's Environ- mental Review Report on Gilroy's proposed new sewerage treatment plant was noted and explained by City Administrator Wood. Discussion was had on the matter. The Chamber of Commerce's Industrial Report was noted. Mr. Jim Roberts, Secretary-Manager of the Chamber of Commerce, addressed the Council requesting public in-put regarding finalization of transition area of the City noting a local industrial business proposes expansion in the Las Animas Avenue area. Mr. Roberts further explained the Industrial Report in detail. Mr. Roberts invited Council to attend the Industrial Development Committee meeting on September 21, 1977, guest speaker: Gary Hudson. A letter from the State of California in regard to Solid Waste Management charges was noted and discussed. City Administrator Wood noted that he would review Council's previous action regarding the Solid Waste Management Program with the County. The following informational items were noted with no separate discussion on same: City of Milpitas in re: to Emergency Medical Services Plan; Uvas Creek Citizens' Advisory Committee Meeting, 3:00 p.m., September 22, 1977; City of San Jose in re: to Santa Clara Valley Corridor Study; Stone & Youngberg, Municipal Financing Letter; and ABAG Meeting on Corridor Evaluation Study, September 29, 1977. The Report of the Planning Commission Meeting of September 15, 1977, was noted. The minutes of the Parks and Recreation Commission Meeting of August 23, 1977, were noted. The Summary of Monthly Reports of July, 1977, was noted and discussed. Councilman Stout inquired of the Fire Department Report regarding figures relating to per capita percentages. City Administrator Wood requested authorization to transfer $300,000 from General Fund to the Capital Outlay Revolving Sewer Plant Fund. Motion was made by Councilman Pate seconded by Councilman Stout and carried that $300,000 from the General Fund be transferred to the Capital Outlay Revolvinq Sewer Plant Fund as recommended. City Administrator Wood presented and explained a report on a survey of Off-Site Development Charqes for Santa Clara County cities. Discussion was had on the matter. Council requested Staff to provide a proposal of proposed land acquisition for City parks and cost esti- mates for a ten (10) year period. Council requested that the proposed study for water area and storm drainage off-site charges be delayed until City Staff can pre- pare same. Mr. W. J. Hanna, Civil Enqineer, addressed the Council noting the City's need for a storm drainage off-site charge study to conform with current State law. Director of Public Works-City Engineer Hansen recommended that said study be contracted with an outside engineering firm. 3990 Morey-Kern Ave. Flood Control City Ha 11 Proj ec t Water Rates P & R Report Computer Emergency Med i ca 1 Services Res. #77-62 Surplus Property Counci 1 requested City Admini strator l~ood to present two (2) additional quotes from engineering firms for said storm drainage study to Council. City Administrator Wood presented a report on an Interim Flood Control Works in the Morey Avenue-Kern Avenue area. Discus- sion was had on the matter. Council suggested that Staff study to determine the acres involved and what an interim project prior to the 566 Project would cost and what benefits of same to property owners. .... City Administrator Wood noted that Staff would develop cost estimates for same. ....... City Administrator Wood presented a report on acquisition costs of the planned City Hall. Discussion was had on the matter. Motion was made by Councilman Cunningham seconded by Councilman Pate and carried that Staff proceed to acquire lands at the proposed site of the planned City Hall, same to be within the $200,000 1977-78 Budget in the two (2) stated proposed by the City Administrator. Council Members Childers and 6tout voted "noli on the motion. City Administrator Wood presented a report on a survey of comparative water rates. Discussion was had on the matter. Council- man stout suggested that a graduated water rate scale be imposed charging more for the users of maximum gallonage. A report on training expenses of the Parks and Recreation Department was noted. City Administrator Wood presented a request to amend the 1977-78 Budget in the amount of $26,537 for final payment on the new computer. Motion was made by Councilman Pate seconded by Council- man Childers and carried that the 1977-78 Budget be amended in the amount of $26,537 for final payment on the new computer as requested. - ~ City Administrator Wood presented a report on Emergency Medi- cal Services. Discussion was had on the matter. Motion was made by Councilman Stout seconded by Councilman Cunningham and carried that the City follow what the ma.ioritv of other cities in the Countv are doinq and in no wav participate in a Countv Emerqencv Medical Services. Citv Administrator Wood presented a report on new surplus prooertv requlations and requested approval of same. Motion was made bv Councilman Pate seconded bv Councilwoman Huqhan that the readinq of Resolution No. 77-62 be waived and that it be adopted authorizinq certain personnel to obtain surplus propertv as recom- mended. RESOLUTION NO. 77-62 RESOLUTION OF THE CITY OF GILROY PROVIDING FOR THE ACOUISITION OF FEDERAL SURPLUS PROPERTY. PASSED AND ADOPTED this 19th dav of September. 1977. bv the followinq vote: AYES: COUNCIL MEMBERS: CHILDERS. CUNNINGHAM. HUGHAN. AND GOODRICH NONE LINK PATE. STOUT ... NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBER: .. EDA Projects Director of Public Works-City Engineer Hansen recommended approval of plans and specifications for the following three (3) EDA projects: 1) 1977 Street Maintenance Resurfacing; 2) Miller Avenue Water Main Improvement; 3) Las Animas Park Completion. Motion was made by Councilman Pate seconded by Councilman Stout and carried that the plans and specifications for the three (3) E.D.A. Projects pre- sented be approved and that authorization be given to advertise bids for same, as recommended. 3991 Kern Ave. Drainage : Director of 'Publ it Works-City Engineer Hansen presented a report on parcel map activity on lands which drain towards Kern Avenue's low area. Discussion was had on the matter. Council had no objection to the parcel maps presented since single family residences are proposed for large lots. Council took no action on Staff presenting parcel maps to Council for approval; in their opinion, unless there was doubt in the Director of Public Works' decision regarding parcel maps, same would not have to be presented to Council. Res. #77-63 & 77-64 ResolutionsNo. 77-63 and 77-64 respectively allowing the Police Department to enforce certain traffic laws on private property and on private streets in the City of Gilroy were presented and discussed. Motion was made by Councilman Stout seconded by Councilman Cunning- ham that the reading of Resolution No. 77-63 be waived and that it be adopted. RESOLUTION NO. 77-63 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DECLARING CERTAIN PRIVATE OFF-STREET PARKING FACILITIES SUBJECT TO PUBLIC TRAFFIC REGULATION AND CONTROL PURSUANT TO VEHICLE CODE SECTION 21107.8. PASSED AND ADOPTED this 19th day of September, 1977, by the following vote: AYES: COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBER: CHILDERS, CUNNINGHAM, HUGHAN, and GOODRICH NONE LINK PA TE, STOUT Motion was made by Councilman Stout seconded by Councilman Cunning- ham that the reading of Resolution No. 77-64 be waived and that it be adopted. RESOLUTION NO. 77-64 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DECLARING CERTAIN PRIVATE ROADS OPEN TO PUBLIC USE SUBJECT TO PUBLIC TRAFFIC REGULATION AND CONTROL PURSUANT TO VEHICLE CODE SECTION 21107.5. PASSED AND ADOPTED this 19th day of September, 1977, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, PATE, STOUT AND GOODRICH NONE LINK NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBER: Street Naming Councilwoman Hughan inquired if the Council Street Naming Adv. Com. Advisory Committee was active and suggested that some of the past City officials and important citizens' names be used for recommendations by the Council Street Naming Advisory Committee. Bonanza Days Fire Chief Brittain invited Council to Bonanza Day Parades, September 24 and 25, 1977, and events followinq at Christmas Hill Park. Adjournment At 11:22 p.m., the Mayor adjourned the meetinq. Respectfully submitted, /sz4{;1~ ~. p1~