Minutes 1978/02/21
4048
Gilroy, California
February 21, 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.
Cunningham, Roberta H. Hughan, Marion T. Link, John E. Pate, David V.
Stout and Norman B. Goodrich.
Consent
Calendar
Councilman stout requested that Item "F" be removed from the
Consent Calendar for separate discussion on same re: resolution setting
forth street tree requirements.
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I
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Councilman Cunningham requested permission to be absent on
voting on Item "C" re: claim of Patricia C. Olivarez. The Mayor
granted same.
Motion was made by Councilman Link seconded by Councilwoman
Hughan that the following items under the Consent Calendar be approved
excluding Item "F" by the following Roll Call Vote: Ayes: Council
Members: Childers, Cunningham, Hughan, Link, Pate, Stout and Goodrich.
Absent: Council Member: Cunningham on Item lie' only.
Minutes
Approved the Minutes of the Regular Council Meeting of February
6, 1978;
Salary Merit
Step
Increases
Approved the following salary achievement increases for thirteen
(13) City Employees effective March 1, 1978: Bob Connelly, Rec. Super-
visor II, Range 31, from Step C $1169 to Step D, $1226; Gloria Thrasher,
Buyer, Range 31.5 from Step D, $1258 to Step E, $1319; John Espinoza,
Firefighter, Range 31.a from Step B, $1123 to Step C, $1179; Bernic~
Long, Clerk Typist I, Range 22.5 from Step A, $705 to Step B, $738;'
Rob Mendiola, Jr. Planner, Range 29.5 from Step A, $985 to Step B,
$1035; Paul Cadriel, Groundskeeper I and Frank Espinoza and John Flores,
Public Works Maintenance I, Range 25 from Step A, $790 to Step B, $832;
Norman Garcia, Senior Groundskeeper, Range 29 from Step A, $961 to
Step B, $1009; Peter Lopez and Phillip Rios, Groundskeeper I and Arthur
Rodriguez and Gregorio Ruiz, Public Works Maintenance I, Range 25 from
Step A, $790 to Step B, $832;
...
........
Claim - P.
Olivarez
Pub.Hear. re:
L & L Enter- of L &
prises re- Street
zoning mately
Denied a claim of Patricia C. Olivarez; and
Set March 6, 1978, as a public hearing on a rezoning request
L Enterprises for property located on the north side of First
approximately 150 feet east of Kelton Drive containing approxi-
1 acre from Rl to Cl.
Res. 78-14 re: Discussion was had on a proposed resolution amending Resolution
Street Trees No. 76-41, Table I(a)(10) and (b)(10) re: Subdivision Fees, specifically
Street Tree Requirement of $16.00 each to $35.00 each (15 gallon size)
(quantity to be determined by City), and noted that same had previously
been approved by Council motion on May 2, 1977.
Motion was made by Councilwoman Hughan seconded by Councilman
Cunningham that the reading of Resolution No. 78-14 be waived and that
it be adopted.
RESOLUTION NO. 78-14
-
A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY Ar~ENDING SECTION 2,
TABLE I, (a) 10 and (b) 10 OF RESOLUTION NO. 76-41 SO AS TO MODIFY
STREET TREE FEES FOR THE DEVELOPMENT OF PROPERTY.
PASSED AND ADOPTED this 21st day of February, 1978, by the following
vote:
AYES:
NOES:
ABSENT:
....
COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, PATE and GOODRICH
COUNCIL MEMBERS: CHILDERS, LINK and STOUT
COUNCIL MEMBERS: NONE
Cont.Pub.Hear. The Mayor stated that it was the time and place scheduled for
re:Las Ani- the continued public hearing on intention to abandon Las Animas Avenue
mas RR Xing where it crosses the SPRR property.
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Pub.Hear.
rezoni ng-
J. Peterson
'h~.""'''''
Pub.Hear.
Prezoning-
F.Filippi
..."".
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Director of Public Works-City Engineer Hansen presented and ex-
plained the Staffls Report including additional informational letter from
Amtrak urging closing of the Las Animas crossing and improving the Cohansey
crossing.
The Mayor clarified that said public hearing was originally continued
from January 3, 19Z8, to January 16, 1978, and further closed at said
meeting but Council deliberations and action left open at said January 16,
Council Meeting. Motion was made by Councilman Cunningham that the public
hearing be re-opened in order to hear interested persons in the audience.
The Mayor noted that it would not be necessary to re-open said hearing;
that interested persons with new information would be allowed to speak
at this time.
The following persons addressed the Council respectively recommending
that Las Animas Avenue Crossing remain open, objecting to the closing of
same: Jim Castanza, 135 Las Animas Avenue; Jane Beno, Murray Avenue; Jim
Small, 55 Las Animas Avenue.
The following person addressed the Council recommending that the
City close said Las Animas Avenue Crossing: Al DeFrancisco, 100 Las Animas
Avenue.
Discussion was had by Council on the matter. Motion was made by
Councilman stout seconded by Councilman Link and carried that the City
not close Las Animas Avenue Crossing as proposed, to maintain said crossing
and Cohansey crossing to include signalization at both crossings as out-
lined by the Director of Public Works-City Engineer with Amtrak to pay
their costs as noted in recent correspondence presented at this ~ring;
same to include improving the approaches and necessary turn-off lanes
requi red. Counci 1 fu rther noted no objecti on to Staff contacti ng the
County of Santa Clara for financial assistance in said improvements.
re: The Mayor stated that it was the time and place scheduled for a
Public Hearing on a rezoning request of John Peterson for property located
on the northeast corner of Tenth and Chestnut Streets containing 1.0 acre
from M2 (General Industrial) to HC (Highway Commercial) District.
Planning Director Bedaux further explained Staff's report on said
proposal.
The Mayor asked if there was anyone in the audience wishing to
speak for or against the prezoning proposal. There was no comment from
anyone in the audience.
Discussion was had by Council on the proposal. Motion was made
by Councilman stout and carried that a proposed ordinance be introduced
and that it be published by title and summary rezoning same.
re: The Mayor stated that it was the time and place scheduled for a
Public Hearing on a prezoning request of Frank Filippi for property
located at the southeast intersection of Leavesley Road and South Valley
Freeway from A20 (County AgriCUltural) Zone to HC (Highway Commercial)
and IZ (Interim Zone).
Planning Director Bedaux presented and explained the Staff's
Report regarding same.
The Mayor asked if there was anyone in the audience wishing to
speak for or against the proposed prezoning matter.
Mr. Bert Mantelli, representing the owner, addressed the Council
noting that he was present to answer questions regarding the said prezoning
request.
The Mayor asked if there was anyone further in the audience wishing
to speak on the matter. There was no comment from anyone in the audience.
Motion was made by Councilman Link seconded by Councilman Childers
and carried that the public hearing be closed.
Discussion was had by Council on said matter. Motion was made by
Councilman Lin~seconded by Councilman stout and carried that a proposed
ordinance be introduced prezoning said property and that same be published
4050
by title and summary. Council Members Hughan and Pate voted "No"
on the motion.
Sr. Citi zens
Com.Center
Pkg. Lot
The Mayor asked if there was anyone in the audience wishing to
speak on any matter not on the agenda.
Mrs. Mildred Hanna, Senior Citizen, addressed the Council re-
questing additional parking be provided at the Community Center south
of Sixth Street since the landscaping project at said location has
reduced the parking lot area. .....
The Mayor indicated that the City had received approval from
the Senior Citizensl Advisory Committee regarding the landscaping
project at the Community Center and would meet at any time with the
Senior Citizens' Advisory Committee on any problem.
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Mr. Joe Espinosa, Chairman of the Senior Citizens' Nutrition
Program spoke requesting some relief in regard to the traffic speeding
at Sixth and Hanna Streets adjacent to the Community Center. The
Mayor referred same to the City Administrator to advise the Police
Department of this situation.
Further discussion was had in regard to the landscaping project
at the Community Center and further explained by Parks and Recreation
Di rector Aye r.
Discussion was had by Council on the matter. Councilmen Link
and Stout requested that they be forwarded copies of all Senior
Citizens' Advisory Committee Minutes of their meetings. Parks and
Recreation Director Ayer noted that copies would be forwarded to all
Council Members with the Parks and Recreation Commission Minutes.
H.Scagliotti A letter from Mr. Harry Scagliotti was noted requesting a one
Temp. Trail- year extension for a parked trailer at 6200 Monterey Street for a
er permit permit expiring February 7, 1978. Motion was made by Councilman Link
extn. seconded by Councilman Pate and carried that a one year extension be
granted Mr. Scagliotti for a parked trailer at 6200 Monterey Street
expiring February 7, 1979.
.....
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League
Bulletins
Legislative Bulletins No.6 and 7, 1978, from the League of
California Cities was noted. Discussion was had regarding AB 2224
requiring School District elections to be held in even numbered years
and, if approved and if the City continued to consolidate their elec-
tion with the School District that same would require a City Charter
amendment.
Discussion was had regarding the Jarvis Property Tax Limita-
tion Initiative bill. Councilman Cunningham requested a Staff report
in regard to the effect on City's revenues if this initiative bill
passed.
Co.Plan.Dept. A letter from the Santa Clara County Planning Department re-
re:Tent.Sub. garding lists of Tentative Subdivision maps for Council review and
Maps-Transi- comment was noted.
tion Zone
Motion was made by Councilwoman Hughan seconded by Council-
man Link and carried that the City request the Board of Supervisors
take no action on those tentative subdivision maps within the City's ...
Transition Zone until the City adopts a new General Plan for the City.
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Councilwoman Hughan inquired of the Cityls progress in revising
the General Plan. Planning Director Bedaux reported that the City is
in the process of sending out proposals to prospective consultants.
Gilroy High A letter from the Gilroy High School Associated Student Body
School Car- was ntoed requesting a Carnival permit from April 6 through April 9,
nival Permit 1978, at the Football Field Parking Lot on I.O.O.F. Avenue. Motion
was made by Councilwoman Hughan seconded by Councilman Link and car-
ried that said request be granted noting that the license fee not be
waived.
4051
Low & Moderate A letter from San Jose Mayor Hayes was noted to consider
Income action to resolve housing problems for low and moderate income house-
Housing holds. Council requested that Mrs. Hayes be notified that the City
will be consolidating said referendum issues on the June Ballot.
"~"46
Bonanza Days I A letter from the Gilroy Bonanza Days; Committee was noted for
Celebration their annual celebration, June 3, through June 11, 1978t and for use of
City facilities. Motion was made by Councilman Pate seconded by Council-
man Stout and carried that the request be granted so long as same is
consistent with last year's request for said event noting that there will
not be exclusive use of the City's facilities and that the license fee
be consistent with last year's fees. r.J "\
,Re';:... f8- r";'R C 1i:>J,~ ~)
The following informational items were noted with no separate
discussion on same:
League Conf. Report on a study performed by the California Builders' Council
for purposes of the League of California Cities Convention;
Invitation to dedication of the Saratoga Community Library;
Corridor Report 3 from the Santa Clara Valley Corridor Evaluation,
ABAG ;
Report No. XIII from the Gilroy Chamber of Commerce re: Industrial
Development Activity for January 1978; and
Letter of thanks from St. Joseph's Center for use of Miller and
Lux Funds at Christmas time for the Poor of Gilroy.
Plan. Com.
2/16/78
The Report of the Planning Commission Meeting of February 16, 1978,
was noted.
Council set March 10, 1978, at 7:30 p.m., for a Study Session on
the 1978-83 Capital Improvement Program.
--- City Hall Site A report and recommendation to purchase properties for the new
City Hall Site belonging to Ruth M. Haro, et al, in the amount of
$20,000.00 and David Esquival, et al, in the amount of $44t900.00,plus
State mandated relocation costs in the amount of $5,100.00. Motion was
made by Councilman Pate seconded by Councilman Cunningham and carried
that Staff proceed to negotiate with the two (2) property owners for
purchase of same for the new City Hall site.
El Roble Park A recommendation to proceed with El Roble Park Architectural
Arch.Serv. Services was presented and discussion was had on the matter. Motion
was made by Councilman Pate seconded by Councilwoman Hughan and carried
that a contract be entered into with the firm of Royston/Hanamoto/Beck
and Abbey for said architectural services not to exceed $18,000.00 as
recommended. Counc}l Members: Link and Stout voted "No" on the moti on.
Unemployment
Insurance
A report on unemployment insurance mandated by the State and
Federal Governments was noted and discussed. Motion was made by Council-
woman Hughan seconded by Councilman Pate and carried that the City select
the Cost Reimbursement Method, "Local Public Entity Employees Fund"
suggested. Council Members: Link and Stout voted IINo" on the motion.
CETA Program
A report on the CETA Program was noted accompanied by a letter
from the Santa Clara Valley Employment and Training Board and Staff's
response to Councilman Link's proposal on the CETA Program regulations.
Motion was made by Councilman Link seconded by Councilman stout
that the suggested regulations in regard to the CETA Program be approved
and be applied to both present and future CETA employees with a 24-month
limitation to be applied and that said rules governing the CETA Program
become effective from this date forward. Regulations are as follows:
(1) Duration of employment will be not more than 24 months. Present
enrollees would calculate 24 months from February 21, 1978; (2) New CETA
positions would receive not more than $10,000.00 per year; (3) The City
will adopt special trainee classifications for future CETA enrollees;
4052
(4) All positions will be reviewed by July 1, 1978, to determine if
they should be full-time City employees; (5) Every effort will be made
to hire residents of Gilroy; and (6) The present Projects Program will
terminate March 30, 1978.
Prior to voting on the motion, Mr. William Callaghan, represent-
ing the Gilroy Employees' Association affilliated with Local 101,
addressed the Council and submitted a letter to each member requesting
that no action be taken by the Council that would adversely affect
regular or project CETA employees as same was stated by Mr. Callaghan
to be in violation of the Hilias-t~eyers-Brown Act and the Meet and
Confer process.
....
The City Attorney stated that same was not in violation of the
t1i 1 i as-Meyers-Brown Act and not the ~1eet and Confer Process.
--
Said motion carried. Council Members Hughan and Pate voted
"No" on the motion.
CETA Projects Discussion was had on the request to continue CETA Projects
Program from April 1, 1978, to September 30, 1978.
Mechanics
Res. #78-15
Widening
State Rte.
152
Motion was made by Councilman Stout seconded by Councilman
Cunningham and carried that Council authorize continuing the following
CETA Projects Program to September 30, 1978: "Street Tree r~ajor Reno-
vation Program" and "Gilroy Municipal Service Repair and Replacement."
Motion was made by Councilman Pate seconded by Councilwoman
Hughan and not carried that Council authorize continuing the "Park
Beautifi cati on Pl an" under the CETA Projects Program.
t~otion was made by Councilman Cunningham seconded by Council-
man Stout and carried that Council authorize six (6) Crossing Guard
CETA Project employees subject to Police Department supervision
through September 30, 1978. Councilman Pate voted "No" on the motion.
Motion was made by Councilwoman Hughan seconded by Councilman
Cunningham and carried that Council atilthorize to continue the "Com-
munity Teen Program." Council Members: Childers, Link and Stout voted
"Noll on the motion.
..
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Council did not approve the following Projects: "Golf Course
Improvements II and "Home Improvement Program for Low and t10derate
Income Famil ies'"
Motion was made by Councilman Stout seconded by Councilwoman
Hughan and carried that action on the report on salaries paid to
mechanics in Gilroy be tabled to the Council 1978-79 Budget Study
Sessions.
re: Director of Public Works-City Engineer presented and recom-
mending approval of an Agreement with the State of California regard-
ing widening of State Route 152 near the Gilroy Foods and Gentry Plants.
Motion was made by Councilman Stout seconded by Councilwoman Hughan
that the reading of Resolution No. 78-15 be waived and that it be
adopted.
RESOLUTION NO. 78-15
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN ...
AGREEMENT TO CONSTRUCT A 40 FOOT WIDE ROADWAY ALONG THE EXISTING
STATE HIGHWAY ROUTE 152 AND AUTHORIZING ITS EXECUTION. ...
PASSED AND ADOPTED this 21st 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
Motion was made by Councilman Stout seconded by Councilman
Link and carried that Council table action on the recommendation to
hire an engineer to design the signal changes necessary to correct
the problems at the Fourth-Lewis and Monterey Street Intersections.
Res. #78-16
re: June 178
Election
Gol f Course
Membership
Sale of
Fi reworks
ICC Meeting
4053
Motion was made by Councilman Stout seconded by Councilman Link
that the reading of Resolution No. 78-16 be waived and that it be adopted
requesting that the Board of Supervisors consolidate two referendum measures
on the June 1978 ballot (re: Low & Moderate Cost Housing).
RESOLUTION NO. 78-16
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CALLING A SPECIAL
MUNICIPAL ELECTION TO BE HELD IN THE CITY OF GILROY ON JUNE 6, 1978;
REQUESTING SERVICES OF REGISTRAR OF VOTERS; REQUESTING CONSOLIDATION
OF ELECTIONS AND SPECIFYING CERTAIN PROCEDURES FOR THE CONSOLIDATED
ELECTION.
PASSED AND ADOPTED this 21st day of February, 1978, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT
and GOODRICH
NOES: COUNCIL MEMBERS: KONE
ABSENT: COUNCIL MEMBERS: NONE
Councilman Childers recommended that the Gilroy Golf and Country
Club membership not be limited to residents of the City of Gilroy. It
was noted that same was the Gilroy Golf Clubls jurisdiction.
Councilman Pate inquired of the Cityls policy regarding the sale
of fireworks in 1978 for a report at the next regular Council Meeting.
The Mayor noted that the March 2, 1978, Inter-City Council Meeting
would be hosted by the City of Gilroy at the Elksl Lodge in Gilroy and
requested a majority of the Council and Staff to be present. City Adminis-
trator Wood and the following Council Members indicated that they would
attend: Cunningham, Childers, Hughan, Pate, Stout and Goodrich. Council-
man Link requested permission to be excused as he would not be in the City
on said date.
Adjournment At 12:22 a.m., Wednesday, February 22, 1978, the meeting was
adjourned.
Respectfully submitted,
~~~r~