Loading...
Minutes 1977/10/17 3996 Gilroy, California October 17, 1977 The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:00 p.m. Roll Call Present: Council Members: William E. Childers, Brian D. Cunning- ham, Roberta H. Hughan, Marion T. Link, John E. Pate, David V. Stout and Consent Calendar Minutes ~~ 3997 Norman B. Goodrich Councilman Stout declared himself absent due to a conflict of interest regarding Item IIDII of the Consent Calendar. Motion was made by Councilman Link seconded by Councilman Pate that the following items under the Consent Calendar be approved by the following Roll Call Vote: Ayes: Council Members: Cunningham, Childers, Hughan, Link, Pate and Goodrich. Absent: Council Member: Stout. Approved the Minutes of the Regular Council Meeting of October 3, 1977; Approved Salary Achievement Level Increases for the following Four (4) City Employees: David Bozzo, Firefighter, Range 31 from Step IID" $1226. to Step II E II $1288.; Robert Cl ark, Po 1 ice Offi cer, Ra'nge 32.5 from Step "CII $1258. to Step "D" $1319.; John Lara, Police Officer, Range 32.5 from Step "BII $1197. to Step "CII $1258.; and Evelyn Peterson, Cl erk Typist I, Range 22.5 from Step "A" $705. to Step IIBII $738.; Ord.#77-32 Adopted Ordinance No. 77-32 Rezoning Filbros Development Com- pany's 20.49 acres from IZ to R1, R2 and R3; - Salary Increases ORDINANCE NO. 77-32 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING AND PREZONING THAT 20.49 ACRE PARCEL LOCATED NORTH OF THOMAS ROAD AT THE EXTENSION OF PRINVECALLE STREET FROM IZ DISTRICT TO R1, R2 AND R3 DISTRICTS. PASSED AND ADOPTED this 17th day of October, 1977 by the following vote: AYES: COUNCIL MEMBERS: CUNNINGHAM, CHILDERS, HUGHAN, LINK, PATE and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: STOUT; Ord.#77-33 Adopted Ordinance No. 77-33 Rezoning Thomas B. Mangano's 2.34 acres from M2 to C2 and R3; ~ -~~ :!i ORDINANCE NO. 77-33 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING A 2.34 ACRE PARCEL ON THE SOUTH SIDE OF LEAVESLEY ROAD BETWEEN FOREST STREET AND SWANSTON LANE FROM M2 DISTRICT TO C2 AND R3 DISTRICTS. PASSED AND ADOPTED this 17th day of October, 1977, by the following vote: AYES: COUNCIL MEMBERS: CUNNINGHAM, CHILDERS, HUGHAN, LINK, PATE and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: STOUT: Ord.#77-34 Adopted Ordinance No. 77-34 Rezoning Mike Bertolone's 22,135 sq. ft. from R3 to C2; ltil\t,...,~ ORDINANCE NO. 77-34 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING A 75' x 1351 PARCEL WEST OF AND ADJACENT TO 162 TENTH STREET FROM R3 DISTRICT TO C2 DISTRICT. PASSED AND ADOPTED this 17th day of October, 1977, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE and GOODRICH. COUNCIL MEMBERS: None COUNCIL MEMBER: STOUT: Camp Fire Approved a request of the Camp Fire, Inc. for waiver of the Solicitation City.s Solicitation Permit for their annual Candy Sale, November 1st - December 12, 1977; and UNICEF Approved a request of the City's Solicitation Permit for a Fund Solicitation Drive October 24th - November 1, 1977. EDA Grant Projects Director of Public Works-City Engineer Hansen presented and explained a report on bids received for EDA Grant Project Miller Avenue 3998 Water Main recommending award of same to low bidder E. P. Construction Inc. of San Jose in the amount of $116,500.00 noting that the budget for said project is $86,000.00 therefore recommending an amendment to the 1977-78 Budget in the amount of $30,500.00 for said project, and that same would be taken out of the Water Fund from Area Water Fees. Motion was made by Councilman Stout seconded by Councilman Link and carried that the bid of E. P. Construction Inc. in the amount of $116,500.00 be awarded and that the 1977-78 Budget be amended in the amount of $30,500.00 to be taken from the Water Fund from Area Water Fees as recom- mended. - Director of Public Works-City Engineer Hansen presented and explain- ed a report on bids received for EDA Grant Project - Street Maintenance .. Resurfacing recommending approval of the low bid of Granite Construction Company of Watsonville in the amount of $175,600.00, noting that the actual bid was $164,993.90, and that said increase of award is to provide for de- sign, inspection and administration costs and increasing the unit quantities subject to EDA approval. Motion was made by Councilman Childers seconded by Councilman Pate and carried that the bid of Granite Construction Comoany in the amended amount of $175,600.00 be awarded and that the recommended budget transfer be approved in the 1977-78 Budget. Las Animas Director of Public Works-City Engineer Hansen recommended exten- Park Proj.sion of time on bids for Las Animas Park Completion Project, same to be ex- tended to November 3, 1977. Motion was made by Councilman Link seconded by Councilwoman Hughan and carried that the Bid Opening for Las Animas Park Completion Project be extended to November 3, 1977 as recommended. Equipment Purchasing Agent Reinsch presented and explained a report on bids received for two (2) ~ ton and one (1) 3/4 ton trucks in the amount of $16,860.09 from low bidder - Gilroy Motor Company and recommended a budget transfer to provide for said purchase. Motion was made by Councilman Stout seconded by Councilman Link and carried that the bid of Gilroy Motor Company in the amount of $16,860.09 ~e awarded for the vehicles recommended and ~hat the 1~77-78 Bud91l transfer ln the amount of $529.00 be approved to provlde for sald purchase;' ... .. Transition The Mayor deviated from the Agenda in order to hear from Board of Zones Supervisors Steinberg and Sanchez. A letter from Chairperson Geraldine Steinberg was noted in regard to the South County Moratorium. Mrs. Steinberg addressed the Council and noted that the Board of Supervisors and is holding Public Hearings regarding the preliminary Transi- tion Zone submitted by the City of Gilroy; Turther that it was her opinion that the City of Gilroy could amend same on a yearly basis if necessary, the same as the City's Urban Service area is periodically amended. She further urged planning by the City of Gilroy of said Transition Zone with financial and/or personnel assistance to be provided by the County for same. She noted that the Board of Supervisors would act upon the City's request for said assistance when said request is received by the County. Supervisor Sanchez addressed the Council and further explained the Board of Supervisor's position in the matter. He further noted that both he and Supervisor Steinberg see no problem to amend the preliminary Transi- ... tion Zone submitted by the City. He further noted that he understands that the City cannot plan the entire Transition Zone immediately, that same will .. take time but emphasized the need for the City to begin planning same im- mediately. City Administrator Wood noted that he would estimate amending the General Plan to be in accord with the transition zone proposed and complete same would require approximately one year, due to Public Hearings required for General Plan amendments. The Mayor noted that if Council wished to continue discussion of same that a separate meeting can be scheduled. 3999 Pub.Hear. re:Butter- cup Lane Abandonment The Mayor stated that it was the time and place scheduled for a Public Hearing on intention to vacate a 17.5 foot portion of Buttercup Lane between Westwood Drive and Fillippelli Drive. Director of Public Works-City Engineer reported that a portion of said street has been reserved for a Public Use Easement. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposed vacation of said street. 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. Res.#77-67 Motion was made by Councilman Stout seconded by Councilman Link that the reading of Resoltuion No. 77-67 Vacating a portion of Buttercup Lane be waived and that it be adopted. RESOLUTION NO. 77-67 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ORDERING VACATION OF A 17.5 FOOT PORTION OF BUTTERCUP LANE BETWEEN WESTWOOD DRIVE AND FILLIPPELLI DRIVE IN THE CITY OF GILROY. PASSED AND ADOPTED this 17th day of October 1977, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None * *Note: The above proceedings were not conducted in accord with the Street Vacation Act of 1941 and will be re-held in accordance with same. See 11-7-77 Regular Council Meeting for further proceedings. Pub.Hear.re: The Mayor stated that it was the time and place scheduled for 78-79 HCD the first Public Hearing on the proposed program for the 1978-79 Developed Program for Housing and Community Development Act of 1974. Mr. Charles McGowan, HCD Coordinator, addressed the Council pre- sented and explained Staff's Report on same. ..... The Mayor asked if there was anyone in the audience who wished to speak for or against said program. There was no comment from anyone in the audience. Mr. McGowan presented and explained a letter from the California Rural Legal Assistance requesting a provision in said proposed budget for low-cost housing and possible use of the High School buildings if same were not going to be used after completion of the new High School. Motion was made by Councilman Stout seconded by Councilman Link and carried that the Public Hearing be closed. The Mayor noted that there would be a second Public Hearing on the 78-79 HCD proposed program at the next regular Council Meeting of November 7, 1977. Pub.Hear.re: The Mayor stated that it was the time and place scheduled for School the Public Hearing on the application of the Gilroy Unified School District Impact to declare schools in the District impacted. m<'-":" ........ Supervisor Sanchez addressed the Council and noted that the Board of Supervisors continued their hearing on said matter for one (1) week to be held October 24, 1977 to allow its Staff to verify said impact. Mr. Vance Baldwin, Associate Superintendent of Schools addressed the Council explaining the reason for theDistrict being impacted. The Mayor asked if there was anyone in the audience wishing to speak for or against the matter. 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. ". .>c-- ' 4000 Discussion was had by Council on said matter. Motion was made by Councilman Pate seconded by Councilman Cun- ningham that the reading of Resolution No. 77-68 be waived and that it be adopted declaring the Gilroy Unified School District impacted. Res.#77-68 RESOLUTION NO. 77-68 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DECLARING SCHOOLS OF THE GILROY UNIFIED SCHOOL DISTRICT TO BE IMPACTED. PASSED AND ADOPTED this 17th day of October, 1977, 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 IIIIIl i i I i - Eastside Park parking A letter from Mrs. Loretta Ventura in regard to Lewis Street parking at the Planned Eastside Park was noted. Mr. William J. Ventura, addressed the Council and noted that he was representing the property owners on the south side of Lewis Street at the south end of the proposed Park, requesting the Council to change the proposed amendment parking at the south end of the Park from perpendicular parking to parallel parking. Mr. Donald Kludt addressed the Council and offered dedication of that portion of Lewis Street that is owned by himself and Castro for an exchange of the property owners required fees for improvement of said por- tion of Lewis Street; further that parking could be provided for the Park at said location. Discussion was had by Council on the matter. Motion was made by Councilman Stout seconded by Councilman Pate and carried that the proposed perpendicular parking at the south end of th@ proposed Eastside Park be eliminated with same to provide for a straight curb at said location. Councilman Cunningham voted IIno" on the motion. IlIIIlI The Mayor asked if there ~Jas anyone further in the audience wish- ing to speak on any matter not on the agenda. There was no comment from any- one in the audience. ...... J.E.Roberts Co. A letter from James E. Roberts Company requesting a one (1) year Trailer extension for their temporary trailer permit was noted. Motion was made by Councilman Pate seconded by Councilman Link and carried that James E. Roberts Company be granted a one (1) year extension for their temporary trailer permit expiring October 4, 1978. Lease- Sewer Farm A letter from Mr. James F. Aira requesting a change in the Agri- cultural Lease at the Sewer Farm was noted. Mr. Aira addressed the Council and further explained said request. Discussion was had by Council. Motion was made by Councilman Stout seconded by Councilman Link and carried that the City Attorney be instructed to prepare an amendment to the present Lease with Aira Farms for a yearly rent of $25.00 per acre for a three (3) year period requested. The letter from Chairperson Steinberg was noted and that same ha~ already been discussed earlier. III The following informational items were noted with no separate dis- cussion on same: - So. Flood Con- Santa Clara Valley Water District in re: to appointments to the trol South Flood Control Zone Advisory Committee; Adv.Com. Cable TV Falcon Cable T.V. in re: Replacing Cable at Rancho El Dorado Tract; Sewer Treat. Plant Concept approval on Planned Sewerage Treatment Plant; and 4001 Water Levels Report on Water Levels in the City of Gilroy. Pl an. Com. Meet. 10-6-77 The Report of the Planning Commission Meeting of October 6, 1977 was noted. Motion was made by Councilman Pate seconded by Councilman Link and carried that the fOllowing Public Hearings be set for November 7, 1977 as recommended by the Planning Commission: Filice Est. Rezoning request of Filice Estate Vineyards for 2.8 acres located Vineyards on the south side of Monte Bello and west of Wren Avenue from R1 to R2 District; ti;.,."","" Trevis Berry Prezoning request of Trevis Berry for 30 acres located at the south side of Pacheco Pass Highway and easterly of the Hirasaki Farms Road from Al-2.5 to M2 District; J.Blackstone Rezoning request of James Blackstone and the City of Gilroy for 6.07 acres located on the north side of Old Gilroy Street between East Street and the South Valley Freeway from C1 to M2 District; Tom Carr Rezoning request of Tom Carr for .89 acres located easterly of the northerly extension of Delta Drive from R1 to R3 District. Audit re: 76-77 yr. City Administrator Wood noted receipt of the independent Auditor's Reports covering the City's Financial Statements and Revenue Sharing Funds for the year ending June 30, 1977. He noted that he intends to investigate the Industrial Director's Fees in the amount of $11,459. shown in the Revenue Sharing Report as Public Safety Operating/Maintenance Expenditures and that same should be under Financial Administration Operating/Maintenance Expenditures. Motion was made by Councilwoman Hughan seconded by Councilman Link and carried that the 1976-77 independent Auditor's Reports covering the City's Financial Statements and Revenue Sharing Funds be accepted and approved as recommended. ........ Stop Sign City Administrator \~ood noted a recommendation to install stop Delta Dr. signs on Delta Drive at El Dorado Drive. Motion was made by Councilman Res.#77-69 Stout seconded by Councilman Pate that the reading of Resolution No. 77-69 be waived and that it be adopted authorizing installation of an arterial Stop Sign on Delta Drive as recommended. RESOLUTION NO. 77-69 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING AN ARTERIAL STOP AT THE SOUTH ENTRANCE OF DELTA DRIVE AT ITS INTERSECTION WITH EL DORADO DRIVE IN THE CITY OF GILROY. PASSED AND ADOPTED this 17th day of October, 1977. by the fOllowing vote: AYES: COUNCIUMEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Deferred Compo City Administrator Wood presented and explained a report on a Plan proposed Deferred Compensation Plan for City Employees with Hartford Varia- ble Annuity Life Insurance Company. , I i 1;..,"", Mr. Mark Stacey, Representing the Hartford Company addressed the Council and explained an employee's ability to contribute to the olan pre- sented and remain in IRA contributions. Mr. Jim Adcticott, Contultant further explained same. Res.#77-69A Motion was made by Councilman Link seconded by Councilwoman Hughan that the reading of Resolution No. 77-69A be waived and that it be adopted authorizing execution of the proposed Agreement as presented with Hartford Variable Annuity Life Insurance Company recommended. Plan. Dept. City Administrator Wood presented a report on estimated budget Office for conversion of the Planning Department Office. Motion was made by Councilman Stout seconded by Councilman Pate and carried that the 1977-78 .ell 4002 Budget be amended .in the amount of $4910. for said improvement of the Plan- ning Department Office. Def.Dev.Agree. Director of Public Works-City Engineer Hansen recol11t11ended approval Mantelli of a Deferred Development Agreement for Mantel1i Drive with Pappani, et al. i Drive Motion was made by Councilman Stout seconded by Councilman Link and carried that the Deferred Development Agreement with Pappani, et al for Mantelli Drive be approved as presented and that same be recorded. Wren Ave. Director of Public Works-City Engineer Hansen recommended approval & 1st ST. of a Cooperative Agreement with the State of California for First Street (Route 152) and Wren, Avenue Traffic Signalization. Res.#77-71 Motion was made by Councilman Link seconded by Councilman Childers that the reading of Resolution No. 77-71 be waived and that it be adopted approving the Cooperative Agreement for the traffic signalization proposed for Wren Avenue and First Street as recommended. - -- RESOLUTION NO. 77-71 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN AGREEMENT FOR THE INSTALLATION OF TRAFFIC SIGNALS AT THE INTERSECTION OF FIRST STREET (STATE HIGHWAY ROUTE 152) AND WREN AVENUE AND AUTHORIZING ITS EXECUTION. PASSED AND ADOPTED this 17th day of October, 1977, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None It was noted that Item No.3 was removed from the Agenda. Twin Oaks Director of Public Works-City Engineer Hansen presented a report Sub. recommending approval of the plans and development agreement for Twin Oaks Subdivision. Motion was made by Councilman Stout seconded by Councilman Link and carried that the plans and Development Agreement for Twin Oaks Subdivision be approved as recommended. ...... .. Las Animas Director of Public Works-City Engineer Hansen requested approval Fire Sta.to advertise bids for the Las Animas Fire Station Project. Councilwoman Hughan declared herself absent in the discussion anq action on same due to a conflict of interest in the matter. Motion was made by Councilman Link seconded by Councilman Childers and carried that approval be given to advertise bids for Las Animas Fire Station Project as requested. 1st & West- Director of Public Works-City Engineer Hansen recommended approval wood of the plans and specifications and authorization to~vertise bids for First Street (Route 152) and Westwood Drive Traffic Signalization. Motion was made by Councilman Pate seconded by Councilman Link and carried that the plans and specifications be approved for First Street and Westwood Dr. Traffic Signalization and that bids be advertised for same as recommended. SPRR Director of Public Works-City Engineer Hansen reported that a crossings Cooperative Agreement with the Southern Pacific Transportation Company is forthcoming for repair of Lewis Street, Martin Street and Old Gilroy Street Railroad Crossings. ...... ... Ord.re: Bingo The City Attorney presented a proposed ordinance enacting Chapter 5A of the City Code relating to Bingo. Motion was made by Councilman Pate seconded by Councilman Link that the proposed ordinance enacting Chapter 5A of the City Code relating to Bingo be introduced and that it be published by title and summary, noting a wording change in Section 5A.2 to allow specific organizations approved by the State and any amendments thereto. 1 Res. #77-72 Sewer Adv. Com. Auditor's Reports Drug Abuse Coordina- ting Com. 4003 ~esolution N~. 77-72 was presented and explained by the City Attorney. Motion was made by Councilman p'ate seconded by Councilman Link that the reading of Resolution No. 77-72 be waived and that it be adopted authorizing the use of Criminal History information in certain instances relating to employ- ment. RESOLUTION NO. 77-72 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AUTHORIZING THE USE OF CRIMINAL HISTORY INFORMATION IN RELATION TO EMPLOYMENT AND LICENSING. PASSED AND ADOPTED this 17th day of October, 1977, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Councilman Stout reported on the Sewer Advisory Committee Meeting of October 5, 1977 and recommended execution of the Second Supplement to the Joint Exercise of Powers Agreement between the City and the City of Morgan Hill. Motion was made by Councilman Stout seconded by Councilman Link and carried that the Second Supplement to the Joint Exercise of Powers Agreement between the Cities of Gilroy and Morgan Hill be approved as presented and that same be executed and forwarded to the City of Morgan Hill for their approval of same. Assistant City Administrator Reinsch requested Council to return the independent Auditor's report if same were not needed by Council. The Mayor presented a letter from the City of Morgan Hi'll requesting a representative to the Drug Abuse Coordinating Committee. It was noted that said representative had to be an elected official. Council noted that there was no interest from the City of Gilroy sub- mitting a representative on said Committee. Transition Council set October 24, 1977 at 7:30 p.m. as a Council Stuty Session Zones in regard to Transition Zones. United Way City Administrator Wood requested Council contributions on behalf of United Way in order for the City to reach its desired goal. Adjournment At 11:24 p.m. the Mayor adjourned the meeting. Respectfully submitted,