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Minutes 1978/02/06 I 4042 I I Gilroy, California February 6, 1978 Roll Call 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. Cun- ningham, Roberta H. Hughan, Marion T. Link, John E. Pate, David V. Stout and Norman B. Goodrich. Res. #78-4 & 78-5 (Bra- bant & Taylor) Motion was made by Councilman Stout seconded by Councilman Childers that the reading of Resolution No. 78-4 honoring Richard E. Brabantls retirement from the California Highway Patrol be waived and that it be adopted. RESOLUTION NO. 78-4 RESOLUTION OF THE CITY OF GILROY HONORING MR. RICHARD E. BRABANT, CALIFORNIA HIGHWAY PATROLMAN FROM 1948-1977. PASSED AND ADOPTED this 6th day of February, 1978, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, STOUT and GOODRICH NONE NONE HUGHAN, LINK, PATE, COUNCIL MEMBERS: Motion was made by Councilman Stout seconded by Councilman Childers that the reading of Resolution No. 78-5 honoring Robert E. Taylor's retirement from the California Highway Patrol be waived and that it be adopted. RESOLUTION NO. 78-5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY HONORING MR. ROBERT E. TAYLOR, CALIFORNIA HIGHWAY PATROLMAN FROM 1948-1977. PASSED AND ADOPTED this 6th day of February, 1978, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, STOUT and GOODRICH NONE NONE HUGHAN, LINK, PATE, COUNCIL MEMBERS: Intro. New The Mayor introduced new employee, T. Mike Terasaki, Police Employee Officer. Res. #78-6 re: City Administrator Wood presented a memo recommending Council G. Ruiz commendation to Mr. Gregorio Ruiz, Public Works Maintenance I, for his outstanding efforts in rescuing a contractor's employee from a cave-in. t1otion was made by Councilman Stout seconded by Councilman Pate that the reading of Resolution No. 78-6 commending Mr. Gregorio Ruiz be waived and that it be adopted. RESOLUTION NO. 78-6 ~ ~i RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY HONORING THE COURAGEOUS AND DEDICATED ACTIONS OF GREGORIO RUIZ (CETA VI EMPLOYEE). PASSED AND ADOPTED this 6th day of February, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, STOUT and GOODRICH NONE NONE HUGHAN, LINK, PATE, NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: 4043 Consent Calendar Councilman Cunningham requested that he be absent on voting on Item liE" under the Consent Calendar regarding the Frank Filippi prezoning request. The Mayor so ordered. 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: Childers, Cunningham, Hughan, Link, Pate, Stout and Goodrich. Noes: Council Members: None. Absent: Council t~ember: Cunningham on Item "[1' only. .''''..''1: Minutes Approved the Minutes of the Regular Council Meeting of January 16, 1978; - Ord. #78-7 Adopted Ordinance No. 78-7 Prezoning Property of A. Benassi con- taining 37.028 acres located on the south side of First Street approxi- mately 300 feet east of Santa Te~es.a Boulevard from Al-2.5 (County Agri- culture) Zone to R1, R2, R3 and (Ci)Districts; 'ov:-. pl.- "5..~' I..' .:ro' '..~ IQ.; Q' 7p, ..:) '. i~ ' ORDINANCE NO. 78-7 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY PREZONING A 37.028 ACRE PARCEL ADJOINING THE CITY OF GILROY ON THE SOUTH SIDE OF FIRST STREET, 300 FEET EAST OF ITS INTERSECTION WITH SANTA TERESA BOULEVARD AS ct (GENERAL COMMERCIAL), R3 (LOW DENSITY MULTIPLE), R2 (TWO FAMILY RESIDENCE) AND R1 (SINGLE FAMILY RESIDENCE) DISTRICTS. PASSED AND ADOPTED this 6th day of February, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE; Pub.Hear. J.Peterson rezoning re: Set February 21, 1978, as a Public Hearing date on a rezoning request of John Peterson for property located on the northeast corner of Tenth and Chestnut Streets containing 1.0 acres from M2 (General Industrial) to HC (Highway Commercial) Di$trict; ~,M61 Amer. Diabetes Approved request of the American Diabetes Association and American & Cancer' Cancer Society for waiver of city solicitation permits for fund-raising Fund Solic. events on October 1, 1978, and April 28, 1978, May 8, 1978, respectively; : and Pub.Hear. re: Set February 21, 1978, as a Public Hearing date on a zoning request Filippi pre- of Frank Filippi on approximately 158 acres located at the southeast inter- zoning section of Leavesley Road and the South Valley Freeway from A20 (Co. Agric.) to HC (Highway Commercial) District. Thomas A. appeal re: prezoning request Carr Council discontinued the continued Public Hearing on an appeal of Thomas A. Carr, Vice-President, Royal West, Inc., re: Planning Com- mission's decision of December 1, 1977, denying prezoning request for 10.6 acres located on the west side of Monterey Street approximately 600 feet south of Tenth Street from C2 (General Commercial) to R3 (Low- Density Multiple-Family) District at the request of Mr. Carr. Pacheco Pass Receipt of a petition from Trevis Berry, et al, for annexation Annex. 77-7 of uninhabited territory to be known as "Pacheco Pass Annexation 77-7 to the City of Gilroy", containing 30.81 acres located on the south side of Pacheco Pass Highway between the 101 Freeway and Llagas Creek was noted. City Administrator Wood explained the location of same on a map displayed on the bulletin board. AA '~ Ord. #78-8 Motion was made by Councilman Link seconded by Councilman Cunningham ... that the reading of Ordinance No. 78-8 be waived and that it be adopted. ORDINANCE NO. 78-8 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "PACHECO PASS ANNEXATION 77-7 TO THE CITY OF GILROY. II PASSED AND ADOPTED this 6th day of February, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE 4044 Res. #78-7 Motion was made ,by Counci lman Link seconded by Counci lman Cunningham that the reading of Resolution No. 78-7 removing said terri- tory from the Gilroy Rural Fire District be waived and that it be adopted. RESOLUTION NO. 78-7 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY WITHDRAWING FROM THE GILROY RURAL FIRE DISTRICT TERRITORY THEREIN RECENTLY ANNEXED TO THE CITY OF GILROY UNDER THE DESIGNATION "PACHECO PASS ANNEXATION 77-7 TO THE CITY OF GILROY." PASSED AND ADOPTED this 6th day of February, 1978, by the following vote: AYES: -- COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, STOUT and GOODRICH NONE NONE LINK, PATE, .... NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: The Mayor tabled action on the Gilroy Unified School District Resolution on Impact Fees to await a representative from the District. League Bulle- The League's LegiSlative Bulletin #5-1978 was noted. Council tin agreed to support the League1s pOSition on said legislation. S.C.Co. Grand The request of the Santa Clara County Grand Jury Transportation Jury Trans. Committee for local input was noted. No action was taken. Committee The following items were noted with no separate discussion on same: COLAB in re: to "Trade-Off" Rules for New Bay Area Industry; Board of Supervisors in re: to Transition Zone Referrals; and Water Statistics. ... Pl an. Com. Meetings 1/19/78 & 2/2/78 Mira Lorna Valley PUD The Reports of the Planning Commission Meetings of January 19, 1978 and February 2, 1978, were noted. .. Planning Director Bedaux presented and reviewed the Mira Lorna Valley Subdivision PUD for 24 Unit Apartments (Mussalem) and Commercial Building (Lazzarini). Motion was made by Councilman Pate seconded by Councilman ~ink and carried that the 24 Unit Apartments (Mussalem) and Commercial Building (Lazzarini) for Mira Lorna Valley Subdivision be approved as presented and varied from the original PUD. Council Members: Cunning- ham and Hughan voted "No" on the motion. Mantelli Prop. Planning Director Bedaux presented and reviewed Mantelli Property outside City on a Development Project in the Transition Zone. Limits Mr. Howard Vierra, Developer, addressed the Council and further explained the proposed development project. Discussion was had by Council on the matter. Motion was made by Councilwoman Hughan seconded by Councilman .. Pate and carried that the City send a comment to the County of Santa Clara Board of Supervisors that the Mantelli property proposed develop- .. ment project is in the City of Gilroy.s Transition Area and that the City considers this an urban development and is not prepared at this time to approve urban developments outside of the City Limits until it has planned that area in the General Plan, revisions now underway; and further, that the City of Gil roy is not prepared to give water hook-ups outside the City Limits. The motion passed by the following Roll Call Vote: Ayes: Council Members: Hughan, Link, Pate, Stout and Goodrich. Noes: Council Members: Childers and Cunningham. Lib & Cult. Com. The Minutes of the Library and Culture Commission Meeting of 1/3/78 January 3, 1978, were noted. 4045 P & R Com. 1/24178 The Minutes of the Parks and Recreation Commission Meeting of January 24, 1978, were noted. Discussion was had on the matter of lighting at the Las Animas Tennis Courts and it was further agreed that said matter be discussed at the 1978-79 Budget Study sessions. Personnel Meetings 1/25/78 & 2/2/78 Admin. Intern Discussion was had on the classification and salary recommended Position for Administrative Intern position. Motion was made by Councilman Stout seconded by Councilman Pate and carried that this matter of Administrative Intern be referred back to the City Administrator to assign who he desires to work as an Intern under the projects he so desires. Com. The Reports of the Personnel Commission Meetings of January 25, 1978, and February 2, 1918, were noted and discussed. - Park Supt. Discussion was had on the new proposed and recommended classifica- Position tion of Park Superintendent. Motion was made by Councilman Link seconded by Councilman Stout and carried that action be deferred on said matter until the 1978-79 Budget Study sessions. Motion passed by the following Roll Call Vote: Ayes: Council Members: Childers, Cunningham, Link, and Stout. Noes: Council Members: Hughan, Pate and Goodrich. Pub. Wks. Supt. Discussion was had on the new proposed and recommended classification of Public Works Superintendent, at Range 37 ($1,420 to $1,725), abolishing the classification for the present Office Engineer, retroactive to November 1, 1977. Motion was made by Councilman Childers seconded by Councilman Cunningham and carried that a new classification and salary for Public Works Superintendent be approved as recommended; that the classification of Office Engineer be abolished as recommended; and that Richard Cox, Office Engineer, be placed in the new classification and salary range of Public Works Superintendent retroactive to November 1, 1977. Motion passed by the following Roll Call Vote: Ayes: Council Members~ Childers, Cunningham, Pate and Goodrich. Noes: Council Members: Hughan, Link and Stout. - - Garage Asst., Discussion was had in regard to the recommendation to approve a Auto Equp. new classification and range for Garage Assistant, Automotive Equipment Mech. I & Mechanic I and II, and abolishing the classification of Equipment II Mechanic and Automotive Mechanic. At the recommendation of City Adminis- trator Wood, Council tabled action on same to determine the salaries of local journeymen mechanics, prior to action on said recommendation. School Impac- tion Fees Dr. Infelise, Superintendent of Schools, addressed the Council in regard to the School Board's Resolution regarding Impact Fees. Motion was made by Councilman Cunningham seconded by Councilwoman Hughan that the reading of Resolution No. 78-8 be waived and that it be adopted. RESOLUTION NO. 78-8 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DETERMINING SCHOOL IMPACTION AND FIXING FEES. PASSED AND ADOPTED this 6th day of February, 1978, by the following vote: AYES: COUNCI L r~EMBERS: CHILDERS, CUNNINGHAM, STOUT and GOODRICH NONE NONE HUGHAN, LINK, PATE, NOES: ABSENT: COUNCIL MEMBERS: COUNCI L Mn~BERS: Monthly Reports At 10:35 p.m., the Mayor declared a recess and reconvened the meeting at 10:43 p.m. The Summary of Monthly Reports of December 1977 was noted and di scussed. - Disbursements The Report of Disbursements from January 1, 1978, through January 31, 1978, was noted and discussed. Jt. Meet. Bd. of Sup. A Report on a Joint Breakfast Meeting with the Board of Super- visors on February 16, 1978, was noted. Council requested that five (5) reservations be made for same. 4046 ABAG Environ- City Administrator Wood presented and read a critique on mental ABAG's Environmental Management Plan. Council concurred with same Manage. and the Mayor suggested that same be presented at the Joint Break- Plan fast Meeting with the Board of Supervisors. Councilman Pate inquired of the Council's feelings in regard to not considering the section on Land Use Controls at this time. Council concurred. Crime Preven- A memo regarding the Crime Prevention Grant was noted. Motion tion Grant was made by Councilman Link seconded by Councilman Cunningham that the reading of Resolution No. 78-9 be waived and that it be adopted. ..... , Res. #78-9 RESOLUTION NO. 78-9 i .... RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AUTHORIZING FILING FOR A GRANT FOR LAW ENFORCEMENT PURPOSES THROUGH THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968, PL 90-351. PASSED AND ADOPTED this 6th day of February, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, STOUT and GOODRICH NONE NONE HUGHAN, LINK, PATE, NOES: COUNCIL MEMBERS: ABSENT:. COUNCIL MEMBERS: Santa Teresa Blvd. Imp. Project Director of Public Works-City Engineer Hansen presented and explained a report on the status of Santa Teresa Boulevard Improve- ment Project. FAU/Gas Tax Exchange Director of Public Works-City Engineer Hansen recommended the continuance of the FAU/Gas Tax Exchange. Motion was made by Council- man Cunningham seconded by Councilman Link that the reading of Reso- lution No. 78-10 be waived and that it be adopted describing process to be used in the FAU/Gas Tax Exchange program. Res. #78-10 & #78-11 - RESOLUTION NO. 78-10 ..... RESOLUTION DESCRIBING PROCESS TO BE USED IN SANTA CLARA COUNTY TO IMPLEMENT THE FEDERAL AID URBAN PROGRAM IN THE URBAN AREA OF GILROY FOR FISCAL YEARS 1976-77 AND 1977-78. PASSED AND ADOPTED this 6th day of February, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, STOUT and GOODRICH NONE NONE HUGHAN, LINK, PATE, NOES: ABSENT: COUCNIL MEMBERS: COUNCIL MEMBERS: Motion was made by Councilman Cunningham seconded by Councilman Link that the reading of Resolution No. 78-11 be waived and that it be adopted supporting a process and procedure to be used in the FAU/Gas Tax Exchange Program. RESOLUTION NO. 78-11 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY SUPPORTING A PROCESS AND PROCEDURE TO BE USED IN SANTA CLARA COUNTY TO IMPLEMENT THE FEDERAL AID URBAN PROGRAM. PASSED AND ADOPTED this 6th day of February, 1978, by the following vote: AYES: COUNCIL MEMBERS: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, STOUT and GOODRICH NONE NONE HUGHAN, LINK, PATE, - COUNCIL MEMBERS: NOES: ABSENT: .... Res. #78-12 re: Director of Public Works-City Engineer Hansen recommended SOS Funds approving a process to be used for the distribution of Safer Off- Systems (SOS) Funds in Santa Clara County. Motion was made by Council- man Cunningham seconded by Councilman Link that the reading of Resolu- tion No. 78-12 be waived and that it be adopted. 4047 RESOLUTION NO. 78-12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DESCRIBING PROCESS TO BE USED IN SANTA CLARA COUNTY TO IMPLEMENT THE FEDERAL AID SAFE OFF- SYSTEM ROADS PROGRAM. PASSED AND ADOPTED this 6th day of February, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE Res. #78-13 Director of Public Works-City Engineer Hansen recommended approval SPRR of an agreement with the Southern Pacific Transportation Company. Motion was made by Councilman Stout seconded by Councilman Hughan that the read- ing of Resolution No. 78-13 be waived and that it be adopted approving the execution of an agreement with the Southern Pacific Transportation Company. -. Santa Teresa Hills Tr. 5965 lil!P'.""""" ....... 1st & Wren Signals General Plan Update CETA Program .-""- Adjournment RESOLUTION NO. 78-13 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN AGREE- t1ENT TO COVER INSTALLATION OF A 60 INCH STORM DRAIN ON SOUTHERN PACIFIC TRANSPORTATION COMPANY RIGHT-OF-WAY. PASSED AND ADOPTED this 6th day of February, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE Director of Public Works-City Engineer Hansen recommended approval of acceptance of Santa Teresa Hills, Tract 5965, subdivision improvements. Motion was made by Councilman Link seconded by Councilman Childers and carried that the subdivision improvements of Santa Teresa Hills, Tract 5965 be accepted as recommended. Director of Public:Works-City Engineer Hansen reported on the progress and status of the proposed First and Wren Avenue traffic signali- zation noting that construction of same is anticipated to begin in June of 1978. Councilwoman Hughan inquired of the progress of updating the City.s General Plan. City Administrator Wood reported that the City is presently reviewing consultants for same and that a report would be forthcoming. Councilman Link presented and recommended approval of proposed rules governing the City's participation in the CETA Program. Motion was made by Councilman Link seconded by Councilman Stout that the pro- posed rules governing the CETA Program as presented be approved. Follow- ing discussion of same, Councilmembers Link and Stout withdrew said motion to allow time for Council to obtain copies of said proposed rules for action on same at a later date. Councilman Cunningham requested that a legal opinion from CETA officials be obtained as to the matter of termi- nating current CETA employees in 24 months. City Administrator Wood presented a report on activities during the recent storm. Council agreed that the City crews would pick-up properly assembled tree debris at the residences, if placed in the parkway areas, same being a temporary matter for an emergency measure resulting from the recent storm, in cooperation with the property owners. At 11:28 p.m., motion was made by Councilman Link seconded by Councilman Pate that the meeting adjourn to Tuesday, February 21, 1978, as February 20, 1978, is a legal holiday. Respectfully submitted, jJl#~ f,~rM