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Minutes 1978/01/16 4038 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. ...... , ~ 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: - COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, STOUT and GOODRICH NONE NONE; PATE, - 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. ...... 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. 4039 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". - 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. ~ 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. 4040 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. -- 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 ..... 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. - 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. ~ ..... 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 4041 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. , - 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. - 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. -,-~ Las Animas The Mayor inquired of the Las Animas Tennis Courts being lit in the Tennis Ct. evenings during the rainy weather. ~:. 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. 4042 Adjournment p.t 11:40 p.m..., the .Mayor adjourned the meeting. Respectfully submitted, ~-dtY~e'rk~