Minutes 1978/01/16
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Gilroy, California
January 16, 1978
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.
Cunningham, Roberta H. Huqhan, Marion T. Link, John E. Pate, David
V. stout and Norman B. Goodrich.
Intro. New
Employee
The Mayor introduced new employees: Gregory M. Braze and
David R. Marrazzo, Police Officers.
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Consent Councilman stout requested that Item "B" be removed from the
Calendar Consent Calendar. Motion was made by Councilman Link seconded by
Councilman Childers that the following items under the Consent Calen~
dar be approved by the following Roll Call Vote, removing Item "B" for
discussion later in the evening under the CETA Program Report: Ayes:
Council Members: Childers, Cunningham, Hughan, Link, Pate, Stout and
Goodrich;
Minutes Approved the Minutes of the Regular Council Meeting of January
3, 1978;
Ord. #78-6 Adopted Ordinance No. 78-6 Amending the Zoning Ordinance by
rezoning approximately .5 acres belonging to Rainbow Development
located on the northwest corner of Old Gilroy and East Streets from
C1 to R3 District;
ORDINANCE NO. 78-6
ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID
CITY BY REZONING A PARCEL AT THE NORTHWEST CORNER OF OLD GILROY AND
EAST STREETS FROM C1 DISTRICT TO R3 DISTRICT.
PASSED AND ADOPTED this 16th day of January, 1978, by the following
vote:
AYES:
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COUNCIL MEMBERS:
CHILDERS, CUNNINGHAM, HUGHAN, LINK,
STOUT and GOODRICH
NONE
NONE;
PATE,
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N OE S :
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Pub.Hear. re: The Mayor stated that it was the time and place scheduled for
Las Animas the continued Public Hearing on intention to abandon Las Animas Avenue
RR Xing where it crosses the Southern Pacific Property.
Director of Public Works-City Engineer Hansen presented and
explained a report recommending closing of said crossing.
The Mayor asked if there was anyone in the audience wishing to
speak for or against the proposal.
The following residents in the area addressed the Council pro-
testing the closing of said railroad crossing: Jim V. Castanza, 135 Las
Animas Avenue; Jean Beno, 9015 Murray Avenue; Jim Small, 55 Las Animas
Avenue; John San Miguel, 9120 Murray Avenue; Antonio Duran, 460 Las
Animas Avenue; and Ed Moe, 315 Las Animas Avenue.
Motion was made by Councilman Childers seconded by Councilman
Link and carried that the public hearing be closed.
...
Motion was made by Councilman Link seconded by Councilman
Childers and carried that Council deliberations on the matter be con-
tinued to February 21, 1978, regular meeting in order for Staff to deter-
mine if funding assistance would be available to erect signals at Las
Animas crossing and at Cohansey Avenue crossing under one project.
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Pub.Hear.
A. Benassi
prezoning
re: The Mayor stated that it was the time and place scheduled for a
continued Public Hearing on a prezoning request of A. Benassi for 37
acres located on the south side of First Street approximately 300 feet
east of Santa Teresa Boulevard from Al-2.5 (County Agricultural) Zone
to R1, R2, R3, and C1 Districts.
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Planning Director Bedaux presented and explained a report noting
three (3) exhibits showing revised zoning proposals containing possible
street patterns within.
The Mayor asked if there was anyone in the audience wishing to speak
for or against the proposal.
Mr. Ed Vogel, 1270 Cypress Court, addressed the Council noting that
the residents in the area would accept approving Exhibit "B" or "C".
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Mr. D. Benassi, representing Mr. A. Benassi, applicant, addressed
the Council and further explained the proposal for said property and
recommended that Council accept Exhibit "A" which is basically the original
plan proposed with possible streets shown within.
Discussion was had regarding Third Street being a through street,
specifically, not ending at Westwood Drive.
f'1r. David W. Hansen, resident in the area, addressed the Council and
opposed Third Street continuing through to Santa Teresa Boulevard.
The Mayor asked if there was any further comment from anyone in the
audience.
Mr. Ed Vogel, addressed the Council noting that he was not in favor
of Third Street continuing west to Santa Teresa Boulevard.
Motion was made by Councilman Cunningham seconded by Councilman Link
and carried that the Public Hearing be closed.
Discussion was had by Council on the matter.
Motion was made by Councilman Cunningham and died for lack of a
second to approve the zoning as indicated on Exhibit "A".
j~t,!itIi
Motion was made by Councilman Stout seconded by Councilman Cunningham
and carried that a proposed ordinance be introduced and published by title
and summary approving the proposed prezoning as outlined on the original
map proposed that indicates the zoning of the area with no street patterns
contained within.
CETA Program Mr. Dino Pecarraro, Acting Executive Director, Santa Clara Valley
Employment and Training Board, addressed the Council and reported on CETA
Programs.
Discussion was had by Council. The Staff's Report on CETA salaries
was noted and discussed. Councilman Lmnk suggested that the City revise
the present procedure in hiring of future CETA employees.
Motion was made by Councilman stout seconded by Councilman Cunningham
and carried that the following Salary Achievement increases for ten (10)
employees be approved effective February 1, 1978~ Tim Pyzer, Firefighter,
Range 31.5 from Step "D", $1258 to Step "E" $1319; Harold Ritter, Firefighter,
Range 31 from Step "D" $1226 to Step "E" $1288; John Holson Building Inspector,
Range 34 from Step "B", $1288 to step "C", $1352; Nancy Hoenck, Building
Inspection Clerk. Range 24.5a from Step lIC" $861 to Step "D", $903; Lupe
Perez and Art Duenas, Public Works Maintenance I, Range 25 from Step "C" $871
to Step "D" $916; Mi ke Duke, Groundskeeper I, Range 25.5 from Step "el $894
to Step D, $939; Jesus Gamino, Groundskeeper II, Range 27 from Step "C" $961
to Step "D" $1009 and Ted Garcia and Refugio Campos, Groundskeeper I, Range
25 from Step "C" $871 to Step D $916.
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School
Impacti on
A request of the Gilroy Unified School District was noted for en-
dorsement of Resolution of Impaction.
Mr. Vance Baldwin, Assistant Superintendent of Schools, addressed
the Council and further explained same.
Discussion was had by Council on the matter. At the advise of the City
Attorney, Council requested a revised Resolution of Impaction from the School
District prior to action on same, noting that said resolution presented was the
original resolution adopted by the School District in September of 1977, and
does not appear to comply with the present State law on the matter.
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Water Condi- Mr. Alfred Angelino addressed the Council and reported on the
tions water conditions of local reservoirs, etc., resulting from the recent
storm.
League
Bulletin
The Mayor asked if there was anyone else in the audience wish-
ing to speak on any matter not on the agenda. There was no comment
from anyone.
The League of California Cities Legislative Bulletin #2-1978
was noted and Council concurred with prior policy to support the
Leaguels position on said legislation.
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Williamson Act A Notice of Hearing on Land Conservation Contracts within one
Contracts (1) mile of the City was noted.
Chri stopher
Sewer Var-
iance
C of C Ind.
Acti vity
Report
LAFCO
01 d City
Hall
Youth Servo
Bureau
San Martin
Lionls Club
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A letter from Mr. D. Christopher, et ux, for a variance to use
a septic system in lieu of connecting to the City's sewer line at this
time was noted.
Motion was made by Councilman Cunningham seconded by Councilman
Childers and carried that the request for said sewer variance be approved.
The Chamber of Commerce's Monthly Industrial Activity Report XII
December 1977 was noted. Councilman Stout noted that the Chamber bro-
chure giving statistical information of the City be revised to omit
the sewage and drainage fees, as he believes that same are misleading.
A Draft of LAFCO Guidelines and Policies from the County of
Santa Clara was noted.
The following informational items were noted with discussion on
the letter from Mt. Charley's Restaurant, specifically requesting that
the Lease Agreement with Mt. Charley's proposed restaurante be reviewed
to determine if there is a time limit clause for owners to begin con-'
struction on same.
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IIiIOIIIli
The following items were noted with no separate discussion on
same:
Report on South County Youth Service Bureau Evaluation;
Letter from the City of Morgan Hill in regard to San Martin
Lion's Club Community Center Project;
So.Flood Con- Santa Clara Valley Water District's South Flood Control Zone
trol Zone Advisory Committee Minutes of May 26, 1977; and
Adv. Com.
Water Water Statistics Report.
Plan. Com.
1/5/78
Monthly
Reports
Urban Servo
Area
The Report of the January 5, 1978, Planning Commission Meeting
was noted.
An addendum to the November Monthly Report on Water Consumption
was noted.
A request to include two (2) Industrial Parcels in the Urban
Service Area Plan belonging to Rodney Haun and Robert Chappell was
noted, and discussed.
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Motion was made by Councilman Cunningham seconded by Councilman
Link and defeated by the following Roll Call Vote to include both par-
cels in the current urban service area. Ayes: Council Members: Childers,
Cunningham and Link; Noes: Councilmembers: Hughan, Pate, Stout and
Goodrich.
The Mayor noted that he would have no objection to said proper-
ties developing in the County. There was no additional comment made on
same.
F. Blake-
Sec. 49
Filice Prop.
Subdivision
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A request of Francis Blake was noted requesting extension under
Section 49. Council had no objection to same. The request was referred
to the Planning Commission for action on same.
Planning Director Bedaux reported on a proposed subdivision for
Filice Property located south of Welburn Avenue and north of Calabrese
Way containing 25 lots. Motion was made by Councilman Stout seconded by
Councilman Cunningham and carried that the Tentative Subdivision Map as
presented be approved with a thirteen (13) and twelve (12) buildout schedule
as proposed.
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Hillside Dev. Councilman Pate inquired of the progress on preparation of a Hillside
Ord. Development Ordinance. Planning Director Bedaux reported that the Planning
Commission is progressing on same.
ABAG Envrion. A Council Committee of the Whole Report was noted on review of the
Manage. Planmost recent draft (December 1977) of the ABAG Environmental Management
Plan, San Francisco Bay Region.
City Administrator Wood presented and explained same. Council re-
quested that the City Administratorls oral report be compiled in written
form for presentation to Council and further discussion of same at the
next regular Council Meeting and use of same be representative of ABAG,
Councilman Cunningham.
Tree Ord.
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Crossing
Guards
Emerg. Med.
Serv.Plan
Street
Lamps
Councilman Childers reported on complaints he received from new
home owners in regard to the city planting trees in the parkways.
Director of Parks and Recreation Ayer addressed the Council and
reported that most of the complaints have come from residents who have
monolithic sidewalks in front of their homes, specifically convincing these
homeowners that said street trees are being planted in the Cityls right-of-
way and that four (4) specific property owners have been given the oppor-
tunity to voice their objections before the Parks and Recreation Commission
prior to planting of required trees.
Councilman Cunningham inquired of the status of the request of four
(4) elementary schools and St. Mary's School for crossing guards one hour
in the morning and afternoon. City Administrator Wood reported that the
Police Chief submitted his report to the School District and is waiting
for a report back from the School Staff.
Councilman Pate inquired of Council instructions in regard to the
Emergency Medical Service Plan proposal presented to the Inter-Governmental
Council noting that he will take the position that the County handle said
service unless Council had other instructions. City Administrator Wood
suggested that Councilman Pate discuss same with the Police Chief as he has
been a member of this board for four (4) years and may have additional in-
formation on the matter.
Councilman Pate also inquired of the Council's instruction in regard
to a Sunnyvale proposed study for use of sodium vapor lamps in street lighting.
Council indicated that they did not wish to financially participate
in any such study.
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Las Animas The Mayor inquired of the Las Animas Tennis Courts being lit in the
Tennis Ct. evenings during the rainy weather.
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Miller Ave.
Crossing
Director of Parks and Recreation Ayer addressed the Council and
reported that said lights were being turned on by people other than tennis
players and that a new switching system is presently being investigated.
Discussion was had in regard to the condition of the Miller Avenue
Crossing during this recent storm.
Mont. N.W.77-8 City Administrator Wood noted that an application has been filed with
Annex. LAFCO for Monterey Northwest Annexation 77-8. Council had no oQjection to
same.
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Adjournment
p.t 11:40 p.m..., the .Mayor adjourned the meeting.
Respectfully submitted,
~-dtY~e'rk~