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