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Minutes 1978/03/06 l Roll Call 4053 Gilroy, California March 6, 1978 The Regular Meeting of the Gilroy City Council was called to order by His Honor 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. Intro. New Emp. The Mayor introduced new employee, Miguel A. Martin Del Campo, Sewage Treatment Plant Operator I. Res. #78-17 "Chich" Piedmont Motion was made by Councilman Link seconded by Councilman Cunningham that the reading of Resolution No. 78-17 Honorinq the Retirement of Water Foreman, Richard L. "Chich" Piedmont, be waived and that it be adopted. RESOLUTION NO. 78-17 RESOLUTION OF THE GILROY CITY COUNCIL COMMENDING THE SERVICES OF GILROY WATER FOREMAN RICHARD L. "CHICW PIEDI'10NT UPON HIS RETIREMENT. PASSED AND ADOPTED this 6th day of March, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE 4054 Res. #78-18 Sig Sanchez Consent Calendar Minutes Ord. #l8-8A rezoning-J. Peterson Ord. #78-9 prezoning- F .Fi 1 ippi Pub. Hear. re: L & L Enter- pri ses The Mayor presented said resolution and gift to Mr. Richard L. "Chich" Piedmont honoring his retirement. Motion was made by Councilman Cunningham seconded by Councilman Pate that the reading of Resolution No. 78-18 honoring County Super- visor Sig Sanchezls planned retirement, be waived and that it be adopted. RESOLUTION NO. 78-18 RESOLUTION OF THE GILROY CITY COUNCIL HONORING SUPERVISOR SIG SANCHEZ UPON HIS PLANNED RETIREMENT FROM PUBLIC SERVICE. PASSED AND ADOPTED this 6th day of March, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE .- -- Councilman Cunningham requested permission to be absent from voting on Item "C" re: adoption of an ordinance prezoning property of Frank Filippi located at the southeast intersection of Leavesley Road and the South Valley Freeway. Motion was made by Councilman Link seconded by Councilman Chil- ders 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. Absent: Council t1ember Cunningham, on Item "C" only. Approved the Minutes of the Regular Council Meeting of February 21, 1978; Adopted Ordinance No. 78-8A rezoning property of John Peterson located on the northeast corner of Tenth and Chestnut streets contain- ing 1.0 acre from M2 (General Industrial) to HC (Highway Commercial) District. .~ ORDINANCE NO. 78-8A ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BE REZONING A ONE ACRE PARCEL ON THE NORTHEAST CORNER OF TENTH AND CHESTNUT STREETS FROM M2 (GENERAL INDUSTRIAL) DISTRICT TO HC (HIGH- WAY COMMERCIAL) DISTRICT. PASSED AND ADOPTED this 6th day of March, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE; - re: Adopted Ordinance No. 78-9 prezoning property of Frank Filippi located at the southeast intersection of Leavesley Road and the South Valley Freeway from A20 (County Agriculture) Zone to HC (Highway Com- mercial) and IZ (Interim Zone) Districts. ORDINANCE NO. 78-9 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY PREZONING A 153.25 ACRE PARCEL ADJOINING THE CITY OF GILROY ON THE SOUTH SIDE OF LEAVESLEY ROAD EAST OF THE SOUTH VALLEY FREEWAY AS HC (HIGHWAY COMMERCIAL) AND IZ (INTERIM ZONE). PASSED AND ADOPTED this 6th day of March, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, HUGHAN, LINK, PATE, STOUT and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: CUNNINGHAM - .... The Mayor stated that it was the time and place scheduled for a public hearing on a rezoning request of L & L Enterprises from Rl to Cl District for property located on the north side of First Street approximately 150 feet east of Kelton Drive containing approximately one (1) acre. 4055 City Administrator Wood recommended that said Public Hearing be continued to the next regular Council Meeting of March 20, 1978. Motion was made by Councilman Cunningham seconded by Councilman Childers and carried that said Public Hearing be continued to the March 20, 1978, Council Meeting as recommended. Crossing Guards A letter accompanied by a petition from St. Mary's Mothers I Guild re: Crossing Guards recently allocated by Council was noted. Mrs. Patti Littlejohn, President, addressed the Council and requested that a crossing guard be used at the st. Mary's School crossing on First Street. City Administrator Wood noted that an application for six (6) CETA employees has been filed with the Santa Clara Valley Employment Training Board for action at the March 10, 1978, meeting for a decision on whether or not said application will be approved. The Mayor thanked the representatives of the st. Mary's Mothers' Guild present in the audience for attending this meeting. Hecker Pass A Petition from Asperio and Annina Benassi requesting annexation of Annex.77-9 property to be known as "Hecker Pass Annexati on 77-9 to the City of Gil roy" was noted, located on the south side of First Street (Hecker Pass Highway) between Westwood Drive and Santa Teresa Boulevard, containing 37.028 acres. The Mayor asked if there was anyone present in the audience wishing to speak for or against the proposed annexation. There was no comment from anyone in the audience. The Mayor asked Mr. Benassi if he was aware of the present Council policy regarding no new development until 1980. Mr. Benassi stated that he was aware of same. Ord. #78-10 Motion was made by Councilman Stout seconded by Councilman Cunningham that the reading of Ordinance No. 78-10 annexing said territory to the City of Gilroy be waived and that it be adopted. ORDINANCE NO. 78-10 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINI1ABITED TERRITORY DESIGNATED AS "HECKER PASS ANNEXATION 77-9 TO THE CITY OF GILROY. II PASSED AND ADOPTED this 6th day of March, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRI CH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE Res. #78-19 Motion was made by Councilman Stout seconded by Councilman Cunningham that the reading of Resolution No. 78-19 removing said territory from the Rural Fire District be waived and that it be adopted. U",:....,;jj RESOLUTION NO. 78-19 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 "HECKER "ASS ANNEXATION 77-9 TO THE CITY OF GILROY." PASSED AND ADOPTED this 6th day of March, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE The Mayor asked if there was anyone present in the audience wishing to speak on any matter not on the Agenda. There was no comment from anyone in the audience. Hobbs-L imou- sine Servo A letter from Mr. R. A. Hobbs was noted and discussed requesting permission to establish a local limousine service. Council indicated that they were not opposed to same if same were not allowed an exclusive permit. Mr. Hobbs was not present in the audience. The matter was referred to the City Administrator and City Attorney for report back to Council regarding said request. 4056 Water Recl ama- ti on Proj. CETA Projects Plan. Com. Re po rt 3/2/78 P & R Com. Minutes 2/28/78 A letter from the Santa Clara Valley Water District in re: to fiscal cost on the Water Reclamation Project was noted. Discussion was had on the matter. Council took no action to await further infor- mation on same. A letter from the Santa Clara Valley Employment and Training Board was noted stating additional funds are available to expend the CETA Projects Program presently funded. Motion was made by Councilman Cunningham seconded by Council- man Childers and carried that the City reconsider the Special Projects not previously approved by Council, subject to further vote of same by Counci 1. Counci 1 Members: Link and Stout voted "No" on the moti on. .... - Dr. James Neilson, President of the Gilroy Golf and Country Club addressed the Council explaining the present condition of the golf cart parths at the Golf Course as a result of the recent storms, noting that the Golf Course intends to provide materials required to correct the golf cart path situation but would not be able to provide the labor required to conduct this project. Council indicated that they may be in favor of continuing this project, however, were not in favor of same on a yearly basis. Dr. Neilson noted that the Gilroy Golf and Country Club and Golf Course Operator is fully aware of same. Councilman Cunningham suggested that the Special Projects under CETA be continued to September 30, 1978, specifically, the Golf Course Cart Paths, Christmas Hill Park Drainage Problem, and Improvement of the median strip on Monterey Street south of Seventh Street. Motion was made by Councilman Pate seconded by Councilwoman Hughan and carried by unanimous Roll Call Vote that the Special Pro- jects under the CETA Program be approved, specifically, the Golf Cart Path Project, Park Beautification Project; and Home Improvement Project to continue until September 30, 198. It was noted that the Park Project would include correcting the drainage situation at Christmas Hill Park and the Median Strip south of Seventh Street on Monterey Street; and Eastside Park construction. It was further noted that in the event the six (6) crossing guards are not approved by CETA under a previous project, same could be used under the Home Improvement Pro- j ec t . - -- The Report of the Planning Commission Meeting of March 2, 1978, was noted. The Minutes of the Parks and Recreation Commission Meeting of February 28, 1978, and the Minutes of the Senior Citizens' Advisory Council Meeting of February 21, 1978, were noted. Councilman Link inquired of the lighting system at Las Animas Park previously not approved by Council. Director of Parks and Recreation AYer addressed the Council and noted that said project would be accomplished with the $2,500 approved in the 1977-78 Budget for this purpose and the aid of the School District. Personnel Com. The Report of the Personnel Commission Meeting of February 22, 2/22/78 1978, was noted. t10nthly Reports Di sbursements Jarvis-Gann Initi ati ve Executive Meeting The Summary of Monthly Reports of January, 1978, was noted. ..... - The Report of Disbursements from February 1, 1978, through February 28, 1978, was noted. A Report on the effect of the proposed Jarvis-Gann Initiative Measure upon city revenues was noted and discussed. A request for a closed Executive Meeting of the Council was noted. The Mayor indicated that same would be immediately following this regular Council Meeting. Com. Center Parking Intro. Ord. re:Angle Parking #'"'~:,,'" Code Modifica- ti ons re: St. frontage & const. of un- usual roads ....... 4057 A report on parking at the Community Center on Sixth Street was noted and further explained by the Director of Public Works-City Engineer. Motion was made by Councilman Pate seconded by Councilman Link that the reading of a proposed ordinance amending Section 15.57 of the City Code to eliminate the wording "40 degree" from said section of the Code be waived and that it be published by title and summary. Council Members: Childers, Cunningham and Stout voted "no" on the motion. Director of Public Works-City Engineer Hansen presented and explained a report and recommendation to modify the City Code Sections re: street frontage and construction of unusual road turn-around area discussed at the Planning Commission Meeting of March 2, 1978, requiring Council action on same. Council tabled action on said recommendation to the March 20, 1978, Council Meeting in order to allow time for study of same. Res. #77-16 re: A copy of Resolution No. 77-26 regulating the sale of "Safe and Sane" Fireworks Fireworks was noted and indicated that same is permitted in the City until further order of the Council. Council took no action to change same. Storm Debris New Sewer Treat.Plant Councilman Childers reported that several citizens requested that he convey their gratitude to the City for picking up debris accumulated from their yards during the last severe storm. City Administrator Wood recommended that the City enter into agree- ments with W. J. Hanna for engineering for the new Sewer Treatment Plant, specifically, aerial survey, control survey, right-of-way acquisition and site acquisition plans, boundar monuments, etc. in the amount of $25,980.00 and with Terra-Tech for Soil Testing Engineering in the amount of $8,500- $9,700. Discussion was had on the matter. Motion was made by Councilman Link seconded by Councilman stout and carried that agreements with W. J. Hanna and with Terra-Tech be approved and executed as recommended. Councilman Childers inquired if the farmers in the Sewer Treatment Plant location have been advised of the City proceeding with said project and advising them of same to eliminate crop damage. City Administrator Wood noted that they have been advised that actual construction would not begin until next year. Off-Sal e Liquor City Admini strator Wood reported that the present owners of Ranch Lic.-Ranch Milk have applied for an off-sale liquor license at said location on First Milk Street and that he has received several complaints from the residents in the area. Discussion was had on the matter. Motion was made by Councilman Stout seconded by Councilman Cunningham and carried that the City Adminis- trator be instructed to file an objection to the issuance of said off-sale liquor license at said location. Old City Hall Councilman Cunningham inquired of the progress of Mountain Charleyls Restaurant proposed to be located at the Old City Hall. City Administrator Wood reported that the owner has received financing for same and has been proceeding in accord with the Lease Agreement with the City; and that he instructed the Lessee to contact the architect for the project to sign off the plans and bids will subsequently be advertised for same. Recess At 9:36 p.m., the Mayor declared a recess noting that the meeting would be reconvened under a closed Executive Session. ,,""...<1 Plan. Dir. Motion was made by Councilman stout seconded by Councilman Link and carried that the City Administrator be instructed to mail a letter to Mr. Michel Bedaux, recently suspended from the City as Planning Director, informing him that the charges of the City are under consideration and that a hearing on same has been set for March 21, 1978, at 8:00 p.m. Adjournment At 10:57 p.m., the Mayor adjourned the meeting. Respectfully submitted,