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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. - I - 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. ~- Pub.Hear. rezoni ng- J. Peterson 'h~.""''''' Pub.Hear. Prezoning- F.Filippi ..."". 4049 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. - 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. ..... -, 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. - 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. .. -- 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~