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Minutes 1978/04/17 1 Roll Call Consent Calendar 4067 Gilroy, California April 17, 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 W. stout and Norman B. Goodrich. Councilman Stout inquired about the Salary Achievement Increases under the Consent Calendar whether any of same are CETA employees. It was noted by Staff that one of the three was a CETA employee. Councilman Stout inquired of the Budgeted Item exceeding $15000 under the Consent Calendar, whether or not the specifications of coated grass seed was presented to all suppliers. It was noted by Staff that the same specifications were given to all of the bidders. Councilman Stout inquired if the City was aware that all of the suppliers did not have coated grass seed. It was noted by Purchasing Agent Reinsch that the City believed that same was available with all of the suppliers. 4068 Minutes Sa 1 a ry Increases Councilman Cunningham requested that Item II.D. regarding the prezoning and rezoning request of Glickman, Crumpler, & Riley, Inc., be removed from the Consent Calendar for discussion. Motion was made by Councilman Pate seconded by Councilman Link that the following items under the Consent Calendar be approved by the following Roll Call Vote excluding Item II.D.: Ayes: Council Members: Childers, Cunningham, Hughan, Link, Pate, Stout and Goodrich. Approved the Minutes of the Regular Council Meeting of April 3, 1978; - Approved the following Salary Achievement Increases for the following three (3) City Employees: Robert Echt, Groundskeeper I, Range 25 from Step C, $871 to Step D, $916; Nicholas Pisca, Public Works Maintenance, Range 25 from Step B, $832 to Step C, $871 and Judy Rogers, Computer Operator, Range 26.5 from Step A, $852 to Step B, $894.; I - on Budgeted Purchases exceeding $1,500 per Budgeted Purch. Noted the Report exceeding Council direction; $1500 Pub.Hear. re: J.Appling rezoning Pub.Hear. V.Delgado rezoning Pub.Hear. A. Powe 11 rezoning GC R , I n c . - Rezoning & Prezoning Set May 1, 1978, as a Public Hearing date on a request of Jim and Vern Appling to rezone approximately one (1) acre from cr to HC District, located 140 feet north and east of Leavesley Road and San Ysidro Avenue intersection; re: Set May 1, 1978, as a Public Hearing date on the request of Violet Delgado to rezone approximately 2/3 acre from R1 to He District located on the west side of Monterey Street approximately 100 feet north of Farrell Avenue; and re: Set May 1, 1978, as a Public Hearing date on the request of Alfred Powell to rezone approximately two (2) acres from R1 to HC District, located on the west side of Monterey Street approximately 150 feet north of Farrell Avenue. ~ Discussion was had on the request of Glickman, Crumpler, & Riley, Inc., to prezone approximately 17 acres from A20 (County Agri- cultural) Zone to HC (Highway Commercial) District and rezone approxi- mately 1~ acre from IZ (Interim Zone) to HC (Highway Commercial) District located west of the South Valley Freeway south of East Tenth Street and west of Chestnut Street. ..... Councilman Cunningham recommended that same be referred to the Planning Commission prior to Council setting a Public Hearing on said proposals due to the concern that a copy of the EIR Report was not presented to the Planning Commission until at their meeting when the mitigation measures of said report were read to them by William K. Henry, Civil Engineer, specifically, that the Planning Commission did not consider two (2) particular facets: one (1) the effect on the , Downtown Rehabilitation and Redevelopment Program and also the Planning Commission did not have a full complete answer on the traffic signali- zation possibly required at Tenth and Chestnut Streets when they made their determination to recommend the prezoning and rezoning approval. Councilman Cunningham noted that he would like to see the Plan- ning Commission consider both of these matters prior to Council setting a Public Hearing on said request. He noted that he is not opposed to K-Mart in particular, but feels that this will be a very significant departure from the City's current zoning. He noted in view of the fact when the City was considering some of the zoning at Leavesley and High- way 101, there was great discussion about commercial going along that area. He feels that before the City permits this they should have a full and complete understanding, particularly at the Planning Commission level as to what the effect on the downtown is going to be. 1"-;<-"" - Motion was made by Councilman Cunningham seconded by Councilman Childers and carried that said rezoning and prezoning request of Glickman~ Crumpler, & Riley, Inc., be referred back to the Planning Commission for. further study on same as recommended. Mr. William K. Henry, Civil Engineer, addressed the Council and inquired about the EIR that was presented to the Planning Commission. -... Montebello Buildout Schedule 4069 Acting Planning Director Dorn reported that the Initial Study was in the Planning Commission packets for their review but the mitigating measures were received too late to be included in their packets and was presented to the Planning Commission at their meeting. The Mayor asked if there was anyone in the audience wishing to speak on any matter not on the agenda. Ul ibarri Mr. Jose representing Cinco de Mayo, addressed the Council and inquired of the request of Cinco de Mayo for use of City facilities not on the Agenda. City Administrator Wood informed Mr. Chapa that same would be discussed under the Parks and Recreation Director's report of Bonanza Days I request. Mr. John Filice, attorney, addressed the Council in re: to Montebello R2 Buildout Schedule. He requested clarification on Council action at their November 15, 1975, meeting where they were allowed to apply for 80 units after June 1, 1976, and complete the project in 1977. Subsequently, he received a copy of the buildout schedule allowing Montebello to build 15 units for 1978 and the balance of 15 in 1979. He further noted that it was his understanding that the 30 units would be allowed in 1977 and since the project was not completed in that year, that they should be allowed to complete the 30 units in 1978. Discussion was had by Council on the matter. Motion was made by Councilman Childers seconded by Councilman Cunningham and carried that the 15 duplexes for a 30 unit buildout schedule for Montebello be allowed in 1978. Scout-O-Rama A letter from Supervisor Diridon in regard to Mayor's Award at the 1978 Scout-O-Rama was noted. The Mayor noted that he would attempt to have a city representative at said occasion as he would not be able to attend. ~'~!'''MI ~,..'" Sr. Citizensl A letter from the County Department of Social Services in regard Meals to additional meals for Senior Citizens was noted. Said matter was referred to the 1978-79 Budget Study Sessions. League Bulletin S i s te r C ity Program GPOA-Circus .. '" Pub 1 i c Nuisance Law ~ The League's Legislative Bulletin #13-78 was noted. The City Attorney recommended that the Cityls congressional representatives be contacted to support No.7 regarding deferred compensation (H.R. 11498). Council agreed that Council's previous policy of supporting the League's recommendation on said legislation be followed. A letter from Mrs. M. E. Brucato in re: to Sister City Program was noted. The Mayor noted that he would appoint a Committee composed of representatives from the Chamber of Commerce, School District, City, and Japanese-American citizens to review said matter. A request of the Gilroy Police Officers I Association was noted for permission to conduct a circus and requesting waiver of the license fee for same. Motion was made by Councilman Pate seconded by Councilman Link and carried that the Circus permit be allowed and that the license fee not be waived for same. A letter from Mr. James J. Clancy, attorney, was noted requesting a resolution supportin an Initiative known as the "Abatement of Moral Public Nuisances Law." Council tabled same. Paul's Trading An offer from Mr. J. P. Federico, et al, was presented to purchase Post Bldg. Paul's Trading Post property recently purchased by the City. City Administrator Wood noted that the offer is for the building and land thereunder, and that Mountain Charleyls Restaurant has no interest in the building itself but the land in back of said building. Church of Latter Day Saints Motion was made by Councilman Stout seconded by Councilwoman Hughan and carried that Council appreciates the offer but denies same at this time. A letter from the Church of Jesus Christ of Latter Day Saints urging restriction of Sunday activities was noted and discussed. It was n~ted that said letter would be taken under advisement. 4070 Plan. Com. 4/6/78 Gen.Plan Consultants Condominium Policy " The following informational items were noted with no separate discussion on same: City Proclamation Declaring Spring Clean-Up Week May 8-14, 1978; Sunset Magazine Article in re: to Gilroy Bicycle Tour~ The Report of the Planning Commission Meeting of April 6, 1978, was noted. -- Councilman Link reported that the Council Advisory Committee recommended the selection of Duncan & Jones as consultant for up-dating the General Plan. Discussion was had on the matter. .... Motion was made by Councilman Link seconded by Councilwoman Hughan and carried that the firm of Duncan & Jones be selected as General Plan consultants for updating the General Plan with Staff to negotiate the fees and time schedule for completing the preliminary revised plan, and bring same back to Council for final approval. Discussion was had on the recommendation of the Planning Commission to approve the tentative subdivision map of Albert Fortino for condominiums on Juniper Drive subject to two (2) conditions. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that said matter be tabled for thirty (30) days in order to allow time for Staff and the Planning Commission to recommend a proposed policy for condominium conversions to include new condominium units and apartments converted to condominiums. ~ Annual Report- The Annual Report of the Gilroy Fire Department was noted. Fire Dept. Farrell Ave. City Administrator Wood presented a recommendation to establish ... a 35 mph limit on Farrell Avenue. City Ha 11 Project Executive Session- Meet & Confer ... The City Attorney recommended reV1Slon of Section 15.11 of the City Code noting that same is out-dated. Motion was made by Councilman Pate seconded by Councilman Link and carried that the City Attorney be instructed to prepare an ordinance revising Section 15.11 as recommended. Jim and Edna Dowell addressed the Council, respectively, and presented a petition signed by the residents on Farrell Avenue re- questing that the speed limit on Farrell Avenue be 25 mph. Mrs. Dowell noted that the narrow bridge on Farrell Avenue is not signep; that said street is a school bus route and that the County be re- quested to set a 25 mph speed limit on Farrell Avenue and that a stop sign be installed at Farrell and Wren Avenues. Director of Public Works-City Engineer Hansen noted that th~ Ci ty cannot just; fy a 25 mph speed 1 imi t on Farrell Avenue ; that the County will be acting upon that portion of Farrell Avenue in the County, and that after said acti on by the County, the City Counci 1 will set the speed limit on that portion of Farrell Avenue within the City. ... City Administrator Wood presented an offer of $120,000.00 from C. R. Acker for the ten (10) rentals on Rosanna Street for th~ City Hall complex. Motion was made by Councilman Pate seconded by Councilman Cunningham and carried that the City accepts said offer of Mr. Acker and that the City Administrator be authorized to proceeq with said purchase. Councilman Stout voted "no" on the motion. .... City Administrator Wood requested a Council Executive Session immediately following this meeting for the City's negotiator prepara- tory to "r~eet and Confer: Sess ions wi th the Fi re Department representa- ti ves . .. 1976 Un if . Fire Code I I I I ~ City Hall location costs Bonanza Days' Park Use Waiver of City facili- ties Crossing Guards ..,,,,"" Rainbow Sub- division #6002 SOS Imp. Program 1"<' ),. 4071 City Administrator Wood presented a recommendation to adopt the 1976 Uniform Fire Code. The City Attorney recommended that the City Code Section be amended to state that the latest edition of the Fire Code be adopted by resolution, rather than amending the City Code every time a new Fire Code is desired. Motion was made by Councilman Pate seconded by Councilman Link and carreid that a proposed ordinance be introduced and published by title and summary amending the City Code Section to state that the latest edition of the Fire Code be adopted by resolution. re- City Administrator Wood requested approval for relocation payment to Cardenas in the amount of $4,290.00 for the new City Hall Project. r~ot i on was made by Counci 1 man Cunni ngham seconded by Counc i 1 man Pate and carried that the relocation payment be approved as recommended. A Report on Bonanza Days I Park Use of City facilities was presented and discussed. Motion was made by Councilman Link seconded by Councilman Pate and carried that Cinco de Mayo and Bonanza Days be authorized use of City facilities, including Christmas Hill Park and Wheeler Auditorium, for Cinco de Mayo with permit fees to be waived noting that the blan~et license fee of $25.99 would be required; that waiver of said fees would apply to 1978 (May 5th) Cinco de Mayo Celebration and June Bonanza Days' celebration i n 19 78 on 1 y . Motion was made by Councilman Pate seconded by Councilman Stout and carried that after July 1, 1978, no permit fees for City facilities would be waived. Council r~embers: Cunningham and Hughan voted "no" on the motion. A report on alternative funding for Crossing Guards was noted recommending that one full-time CETA employee be hired to work the down- town area to include the crossing at st. Maryls School and that five (5) part-time corssing guards, possibly Senior Citizens, be hired to work at the school crossings throughout the City. Motion was made by Councilman Stout seconded by Councilman Link and not carried that said matter be referred to the 1978-79 Budget Study Sessions. Council Members: Childers, Cunningham, Hughan and Pate voted "no" on the motion. Motion failed. Motion was made by Councilman ~unningham seconded by Councilman Childers and not carried that the 1977-78 Budget be amended to authorize six (6) part-time crossing guards at $2.50 per hour to work 22~ hours per week to the close of school in :June of 1978. Council Members: Link, Pate, stout and Goodrich voted "no" on the motion. Motion failed. Director of Public Works-City Engineer Hansen recommended acceptance of Improvement Tract #6002, Rainbow Subdivision. Motion was made by Councilman Pate seconded by Councilman Link and carried that the Rainbow Subdivision Improvement Tract #6002 be accepted as recommended. Director of Public Works-City Engineer Hansen presented and explained a report on the Safer Off System (SOS) Highway Improvement Program. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that same be submitted on behalf of the City as recommended. - 1976 Bldg. Director of Public Works-City Engineer Hansen presented a recommenda- Codes tion to adopt the 1976 Uniform ~uilding, Plumbing, Mechanical, Housing, Abatement of Dangerous Buildings Codes excluding the Swimming Pool Code at this time, since same would require an ordinance for same. Res. #78-26 Motion was made by Councilman Link seconded by Councilman Cunning- ham that the reading of Resolution No. 78-26 be waived and that it be adopted approving the five (5) specific 1976 Uniform Codes. RESOLUTION NO. 78-26 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING THE UNIFORM BUILDING, PLUMBING, MECHANICAL, HOUSING, AND ABATEMENT OF DANGEROUS BUILDING CODES, 1976 EDITIONS. 4072 PASSED:AND ADOPTED this 17th day of April, 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 Pate seconded by Councilman Link and carried that a proposed ordinance be introduced, the reading waived and that it be published by title and summary amending Section 6.1 of the City Code as recommended by the City Attorney lisint pre- sent codes and other codes relating to the building industries to pro- vide for the swimming pool code. City Hall Complex Councilman Link recommended on behalf of the Council Advisory Committee that Mr. William Headley, Architect, be selected for the proposed new City Hall Building. Discussion was had on the matter. Motion was made by Councilman Link seconded by Councilman Childers and carried that Mr. William Headley be selected as Architect for the proposed new City Hall Building as recommended and that the contract and fees be negotiated by Staff and returned to Council for final approval. Counci 1 Members: Cunningham and Hughan voted "no" on the motion. Harris & City Administrator Wood noted that the Council Advisory Com- Assoc. mittee Meeting scheduled at 4:00 p.m. on April 20, 1978, on Harris & Associates proposal would be re-scheduled pOSSibly to April 21, 1978, since Council Members Link and Stout would be at other meetings on that date. Executive At 10:10 p.m., the Mayor adjourned the Meeting to an Executive Session Session of the Council. Adjournment At 10:35 p.m., the Mayor reconvened the Meeting and further adjourned at 10:35 p.m. Respectfully submitted, ;dUo~frk#Y