Minutes 1978/03/20
4058
Roll Call
Consent
Calendar
Minutes
Gilroy, California
March 20, 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. Cun-
ningham, Roberta H. Hughan, Marion T. Link, John E. Pate, David V.
Stout and Norman B. Goodrich.
Motion was made by Councilman Childers seconded by Councilman
Link 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;
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Approved the Minutes of the Regular Council Meeting of March
6, 1978;
Ord. #78-11 re: Adopted Ordinance No. 78-11 amending Section 15.57 of the
Angle Pkg. City Code pertaining to angle parking; specifically, eliminating
the words "40 degrees" from said section.
ORDINANCE NO. 78-11
AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 15.57 OF THE
GILROY CITY CODE PERTAINING TO ANGLE PARKING.
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;
Salary Achieve. Approved the following Salary Achievement Increases for Eight
Increases (8) City Employees, effective April 1, 1978: Steven Baty, Police
Cadet, Range 21.1, from Step C $4.22/hr. to Step D, $4.40/hr.; Wade
Berry, Tree Climber, Range 27 from Step C $961 to Step D $1009;
James Burchfield, Groundskeeper II, Range 17 from Step A $871 to
Step B $916; Len Caredio, Equipment Service Person, Range 25 from ~
Step D $916 to Step E $961; Gregory Giusiana, Police Officer, Range
32.5 from Step C $1258 to Step D $1319; Yvonne Mantey, Clerk Typist
I, Range 22.5 from Step C $774 to Step D $810; Jose Sandoval, Public
Works Maintenance I, Range 25 from Step B $832 to Step C $871 and
Terry Vierra, Police Sergeant, Range 36 from Step B $1420 to Step
C $1490;
Damage Claim
Solicitations
Pub. Hear.
L & L Enter.
Rezoning
Denied a damage claim subrogated to A.A.A.; and
Approved the request of the Multiple Sclerosis Society,Santa
Clara County Chapter for waiver of a solicitation permit May 12-21,
1978.
The Mayor stated that it was the time and place scheduled for
the continued Public Hearing on a rezoning request of L & L Enterprises
for property located on the north side of First Street approximately
150 feet east of Kelton Drive containing approximately one (1) acre
from R1 to C 1.
Acting City Planner Dorn presented and explained the Staff's
report on said proposal.
Discussion was had by Council in regard to reaffirming the
First Street Policy requirement of thirty (30) foot setbacks.
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The Mayor asked if there was anyone in the audience wishing to
speak for or against the proposed rezoning.
Mr. Chuck O'Dell, representing L & L Enterprises, addressed
the Council and explained the proposal for said property.
The Mayor asked if there was anyone else in the audience wishing
to speak on the matter. There was no comment from anyone in the
audience.
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Motion was made by Councilman Link seconded by Councilman Cunning-
ham and carried that the Public Hearing be closed.
Motion was made by Councilman Stout seconded by Councilman Link
and carried that a proposed ordinance rezoning said property be introduced
and published by title and summary.
1st St.
Policy re:
Setbacks
Discussion was had regarding the First Street setback policy.
Motion was made by Councilman Pate seconded by Councilman Cunningham and
carried that Council reaffirm its position regarding thirty (30) foot
setbacks on First Street as previously adopted by Resolution No. 1731.
Councilman Stout voted "no" on the motion.
Motion was made by Councilman Cunningham seconded by Councilwoman
Hughan and carried that the Planning Commission begin proceedings to
amend the Zoning Ordinance establishing thirty (30) foot setbacks on First
Street for all new commercial or any development in that area. Councilman
Stout voted "no" on the motion.
The Mayor instructed Staff to mail each member on the following
bodies a copy of Resolution No. 1731: Planning Commission, Architectural
and Site Control Advisory Committee, Building Department and Director
of Public Works.
Councilwoman Hughan noted that uncovered stairways are not part
of buildings, and can be part of the thirty (30) foot setback requirement.
Monterey N.W. The Mayor noted receipt of a petition from Thomas H. Ruiz and
77-8 Annex. Union Oil Company requesting annexation of property to be known as
"Monterey Northwest Annexati on 77-8 to the City of Gil roy" located on
the west side of Monterey Street, 160 feet south of Ronan Avenue, con-
taining 8.157 acres.
City Administrator Wood explained the location of said propo.sed
annexation.
Res. #78-20
Motion was made by Councilman Link seconded by Councilman Stout
that the reading of Resolution No. 78-20 be adopted annexing said territory
to the City of Gilroy.
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RESOLUTION NO. 78-20
RESOLUTION PROVIDING FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF
GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIG-
NATED AS "MONTEREY NORTHWEST ANNEXATION 77-8 TO THE CITY OF GILROY. II
PASSED AND ADOPTED this 20th day of March, 1978, by the following vote:
AYES: COUNCIL MEt4BERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT
and GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
Res. #78-21 Motion was made by Councilman Link seconded by Councilman Stout
that the reading of Resolution No. 78-21 be adopted removing "Monterey
Northwest Annexation 77-8 to the City of Gilroy" from the Rural Fire
District.
RESOLUTION NO. 78-21
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 "MONTEREY NORTHWEST ANNEXATION
77-8 TO THE CITY OF GILROY."
PASSED AND ADOPTED this 20th 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 in the audience wishing to
speak on any matter not on the agenda.
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Mr. Thomas H. Ruiz, property owner of the "Monterey Northwest
Annexati on 77-8", addressed the Council i nqui ri ng about the bui 1 dout
schedule for his property on Monterey Street. It was noted that a
buildout schedule would not be required for commercial development.
Melody, a Gilroy High School Student, addressed the Council
inquiring about the Council action taken on "Monterey Northwest
Annexation 77-8 to the City of Gilroy."
Regi ona 1
Criminal
Just.Plan.
Brd.
A letter from the Santa Clara County in re: to establishing
a substitute Regional Criminal Justice Planning Board was presented.
r~otion was made by Councilman Pate seconded by Councilman
Cunningham that the reading of Resolution No. 78-22 concurring with
the substitution of the County of Santa Clara for the sponsor of the
Regional Justice Planning Grant be waived and that it be adopted.
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RESOLUTION NO. 78-22
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CONCURRING WITH THE
REQUEST OF THE BOARD OF SUPERVISORS TO AMEND AND CLARIFY THE RESOLU-
TION PASSED BY THE BOARD OF SUPERVISORS ON DECEMBER 19, 1977, REQUEST-
ING THE SUBSTITUTION OF THE COUNTY OF SANTA CLARA FOR THE RCJPB AS
SPONSOR OF THE REGIONAL J PLANNING GRANT.
PASSED AND ADOPTED this 20th day of March, 1978, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE
and GOODRICH
NOES: COUNCIL MEMBER: STOUT
ABSENT: COUNCIL MEMBERS: NONE
Industrial Dev. A letter from Councilman Cunningham in regard to Industrial
Report Development Incentive was noted.
Councilman Cunningham further explained his proposal noting
that Mr. Jim Roberts and Mr. Hiram C. Miller were present in the
audience to answer any questions regarding same.
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Mr. Jim Roberts addressed the Council and further summarized
the three basic recommendations.
IIIiIiJIIl
Mr. Hiram C. Miller, representing Crown Zellerbach, addressed
the Council regarding their experience with the Cityls industrial
development requirements.
City Administrator Wood reported that according to City
records where Crown Zellerbach came in for a building permit,
approximately one (1) month elapsed from the time the permit was
applied for until it was issued, and that a good half of said time
was taken up by the structural engineer reviewing the plans for the
structure. He noted that the City, unlike neighboring cities, allows
the applicant to move dirt while the application is being processed.
He further noted that the Architectural and Site Control Advisory
Committee send their minutes to the Planning Commission for review.
He further noted that many time in anticipation of the sale of pro-
perty in the community, staking industrial and commercial property
takes place in anticipation of making a sale and, at that time, the
City has no knowledge of proposed development on said properties.
Motion was made by Councilman Cunningham seconded by Council-
woman Hughan and not carried that Gilroy create a new Industrial
Development Bill of Rights that provides that, in any stated fees for ...
sewage connections, storm drainage, or water connections, every appli-
cant for an industrial use be informed in writing that he has the ...
right to apply to the City Council for a proration or deferral of
those fees for a period of time to be fixed by the Council; that
secondly, the Office of the City Administrator be officially designated
as the Coordination or Ombudsman's Office to coordinate industrial
development applications; thirdly, that the Planning Commission and
City Council t1embers receive in their bi-monthly agenda packets all
industrial filings or site plans that have been made with the Archi-
tectural and Site Control Advisory Committee. 01otion did not pass.)
Si ster Ci ty
Program
s.c. Valley
Water Dist.
re:Drought
IFDES Parade
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Letters in regard to a Sister City Program were presented and
discussed. Council had no objection to the Mayor obtaining more infor-
mation on the subject.
A letter from the Santa Clara Valley Water District in regard to
the recent drought was noted. City Administrator Wood recommended that
Council table action by the City on water restrictions for one (1) month.
Council concurred.
A request from the I.F.D.E.S. organization was noted for their
annual parade permit. Motion was made by Councilman Pate seconded by
Councilman Link and carried that the I.F.D.E.S. parade permit be granted.
The following informational items were noted with no separate
discussion Items 1 and 2.
Chamber of Commerce's Industrial Development Activity Report for
February 1978, IIV;
Letter Commending Police Officer Leonard Waltmeyer, Detective
Division;
Land Div. within and discussed the letter from the Board of Supervisors in regard
Trans. Zone to land division in process within the Transition Zone. Councilwoman
Hughan noted the request for Cityls comment on same by August 1978,
further noting that the City will have to act post-haste on the updating
of the General Plan; that concentration on those areas where there land
divisions will be necessary and that same should be pointed out when the
consultant for updating of said General Plan is selected. Councilwoman
Hughan noted that the Land Use Committee will complete their studies
by the end of April, 1978.
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Plan. Com.
Report
3/16/78
CETA Projects
5 Yr. Cap.
Imp~ Prog.
Sewer Treat.
Plant Facili-
ties
.tit -.;>,1
The Report of the Planning Commission Meeting of March 16, 1978,
was noted.
City Administrator Wood presented a Report on the City's request
for a new CETA Project for Crossing Guards. Council agreed with the
City Administratorls recommendation to use existing CETA personnel to
accomplish the Crossing Guard Project. Personnel Director Reinsch
reported that same would have to be submitted as part of the program
and that CETA Officials are studying the request at the present time.
A Report on Council changes to the Five Year Capital Improvement
Program (1978-83) was noted.
Motion was made by Councilman Stout seconded by Councilman Link
and not carried to defer the $140,000.00. (Motion did not pass.)
Motion was made by Councilman Pate seconded by Councilman.Cunningh-
ham and carried that the 1978-83 Capital Improvement Program be approved
as studied by Council with the changes as recommended by the Staff with
the exception that no action be taken at this time on the transfer of the
$700,000.00 in the Sewer Plant Funds. Councilman Stout voted "no" on
the motion.
A report from Harris & Associates in regard to Water Resources
requirements for cities under 25,000 population was noted. City Adminis-
trator Wood recommended that the Aerial Survey ($14,400 of the total
amount) be removed and awarded separately to Santa Clara Aerial Surveys.
Motion was made by Councilman Pate seconded by Councilman Link
and carried that the awarding of the Aerial Survey in the amount of
$14,400.00 be approved separately to Santa Clara Aerial Surveys as
recommended.
Parking-Downtown City Administrator Wood presented and explained a report on the
Area need for more parking in the Downtown Area. Councilman Pate declared
himself absent in the discussion and action on the matter due to a conflict
of interest in same.
Discussion was had by Council on the matter.
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4062
Traffic
Control
Measures
City Code
Modifica-
tions re:
frontages &
turn arounds
Motion was made by Councilman Link seconded by Councilman
Cunningham and carried that the City Administrator be authorized to
attempt to negotiate with Fordls Department Store to acquire the north-
east corner of Lewis and Monterey Streets to include same with the
present Parking District if Ford's pays one-half of the cost and the
balance be spread over the existing Parking District, same to be by
agreement allowing Ford's to spread their cost over a five (5) year
period.
Director of Public Works-City Engineer Hansen presented and
explained a request for comments on proposed traffic control measures
accompanied by aerial photographs on same. Discussion was had.
Council had no objections to same.
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Director of Public Works-City Engineer Hansen presented and
explained a recommendation to modify the City Code Section 21.96 and
21.10 re: Street Frontage and construction of unusual road turn-
around areas.
Discussion was had by Council on the matter. Motion was made
by Councilman Link seconded by Councilman Stout and carried that the
three (3) lot division concept plan for Mr. Ortiz' property as pre-
sented by the Director of Public Works be approved subject to approval
of the Architectural and Site Control Advisory Committee.
Motion was made by Councilman Link seconded by Councilman
Cunningham and carried that one residential home on any of the three
(3) lots belonging to Mr. Ortiz be approved noting that the third
lot could not be built upon until after 1980 and further noting that
if same were appealed as a hardship case, it could be duscussed at
that time. Councilmen Pate and Stout voted "no" on the motion.
Parking- Director of Public Works-City Engineer Hansen explained a
Com. Center report on parking at the Community Center continued from March 6,
1978, Council Meeting. Discussion was had by Council. Council agreed
to table same at this time and review this matter after the landscaping ...
is complete at said site.
Res. #78-23 &
78-24 re:
Hecker Pass
Annex.77-9
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The City Attorney presented documents for approval annexing
"Hecker Pass Annexati on 77-9 to the City of Gil royll noti ng that the
previous documents approved March 6, 1978, for said annexation were
not in accord with the Municipal Organization Act of 1977.
Motion was made by Councilman Link seconded by Councilman
Childers that the reading of Resolution No. 78-23 be waived and that
it be adopted annexing "Hecker Pass Annexation 77-9 to the City of
G i 1 roy . II
RESOLUTION NO. 78-23
RESOLUTION PROVIDING FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY
OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY
DESIGNATED AS "HECKER PASS ANNEXATION 77-9 TO THE CITY OF GILROY. II
PASSED AND ADOPTED this 20th day of March, 1978, by the followin9 vote.
AYES: COUNCIL t1EMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE,
STOUT and GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
Motion was made by Councilman Link seconded by Councilman ...
Childers that the reading of Resolution No. 78-24 be waived removing
IIHecker Pass Annexati on 77-9 to the City of Gil roy" from the Rural _
Fire District and that it be adopted.
RESOLUTION NO. 78-24
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY WITHDRAWING FROH THE
GILROY RURAL FIRE DISTRICT TERRITORY THEREIN RECENTLY ANNEXED TO THE
CITY OF GILROY UNDER THE DESIGNATION "HECKER PASS ANNEXATION 77-9 TO
THE CITY OF GILROY. II
PASSED AND ADOPTED this 20th 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
General Plan
Updating
4063
Acting Planning Director Dorn requested that a Council Member be
se 1 ect~d as Counci 1 .repre?entati ve to the Pl ann i ng Commi ss i on Sub-Commi ttee
for review of proposals submitted by consultants of the General Plan, noting
that said Sub-Committee would be also represented by two (2) Planning Com-
missioners. Councilman Link volunteered for same and the Mayor appointed
him to represent the Council on said Sub-Committee consisting of two (2)
Planning Commissioners.
City Administrator Wood recommended that a Planning Director from
another area in Santa Clara County jurisdiction participate in an advisory
capacity.
Ind.Sewer Com. City Administrator Wood noted that the Industrial Sewer Committee
has been scheduled to meet March 23, 1978, at 4:00 p.m.
City Administrator Wood noted that the Attorney representing
t1ichel Bedaux, recently suspended from the City as Planning Director,
has requested that the scheduled hearing on March 21, 1978, be continued
to March 27, 1978.
Motion was made by Councilman Link seconded by Councilman Stout
at 11:17 p.m., that this meeting adjourn to a regular adjourned meeting
of the City Council at 2:00 p.m. on Monday, March 27, 1978. Council
further requested the City Administrator to reschedule the Golf Course
Committee Meeting of March 27, 1978, at 4:00 p.m. to another time.
Respectfully submitted,
;d~~cf.;/~