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Minutes 1978/05/15 Roll Call Consent Calendar '-,,&I Mi nutes Ord. #78-15 Speed Limits Ord. #78-16 Rezoning- Appling Ord. #78-17 Rezoning- Delgado Pub.Hear. re: Hope Rehab. Servo Pre- zoning Pub.Hear. re: Gonzales re- zoning 4079 r'1ay 15, 1978 Gilroy, California 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: Brian D. Cunningham, Roberta H. Hughan, Marion T. Link, John E. Pate, David V. Stout and Norman B. Goodrich. Absent: Council Member: William E. Childers. t1otion was made by Counci lman Link seconded by Counci lman Cunning- ham that the following items under the Consent Calendar be approved by the following Roll Call Vote: Ayes: Council Members: Cunnigham, Hughan, Link, Pate, Stout and Goodrich. Absent: Council Member: Childers. Approved the Minutes of the Regular Council Meeting of May 1, 1978; Adopted Ordinance No. 78-15 amending Section 15.11 of the Gilroy City Code so as to establish speed limits on designated streets by resolution. ORDINANCE NO. 78-15 AN ORDINANCE AMENDING SECTION 15.11 OF THE GILROY CITY CODE SO AS TO ESTABLISH SPEED LIMITS ON DESIGNATED STREETS BY COUNCIL RESOLUTION. PASSED AND ADOPTED this 15th day of May, 1978, by the following vote: AYES: COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: CHILDERS; Adopted Ordinance No. 78-16 rezoning one (1) acre of property belonging to Jim and Vern Appling from C1 to HC District located 150 feet north and east of Leavesley Road and San Ysidro Avenue intersection. ORDINANCE NO. 78-16 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING A ONE (1) ACRE PARCEL LOCATED 140 FEET NORTH AND EAST OF LEAVES LEY ROAD AND SAN YSIDRO AVENUE INTERSECTION FROM C1 (NEIGHBOR- HOOD COMMERCIAL) DISTRICT TO HC (HIGHWAY COMMERCIAL) DISTRICT. PASSED AND ADOPTED this 15th day of May, 1978, by the following vote: AYES: COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: CHILDERS; Adopted Ordinance No. 78-17 rezoning 2/3 acres belonging to Violet Delgado from R1 to HC District located 100 feet north of Farrell Avenue. ORDINANCE NO. 78-17 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING 2/3 OF AN ACRE PARCEL ON THE WEST SIDE OF MONTEREY STREET APPROXIMATELY 100 FEET NORTH OF FARRELL AVENUE FROM R1 (SINGLE FAMILY RESIDENCE) DISTRICT TO HC (HIGHWAY COMMERCIAL) DISTRICT. PASSED AND ADOPTED this 15th day of t1ay, 1978, by the following vote: AYES: COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: CHILDERS; Set June 5, 1978, as a Public Hearing date on a prezoning applica- tion of Hope Rehabilitation Services on approximately 53n (10 acres from Al-2.5 (County Agricultural) Zone to M@ (General Industrial) District located on the west side of r1urray Avenue opposite Gavilan Court; Set June 5, 1978, as a Public Hearing date on a rezoning applica- tion of Manuel Gonzalez on approximately .75 of an acre from R1 (Single Family Residence) District to HC (Highway Commercial) District located at the northeast corner of Monterey Street and Liman Avenue; ., 4080 ~HI1'H-Iiili@ICMi " ~ :! I)-g"fii Ii. -'T--'-;U'~',ir~,*f; Pub.Hear. re: Set June 5, 1978, as a Public Hearing date on a rezoning appli- Mussallem Dev.cation of Mussallem Development Corporation on approximately one (1) Corp. re- acre from R1 (Single Family Residence) District to C1 (Neighborhood zoning Commercial) District located on the northeast corner of Kelton Drive and First Street; Pub.Hear. re: Morton re- zoning Pub.Hear. re: rezoning Leavesley ~{ San Ysidro Inter. Sa 1 ary Increases Fork Lift Bids HCD Grant Fund Amend- ment Set June 5, 1978, as a Public Hearing date on a rezoning appli- cation of Ben Morton on aprpoximately two (2) acres from M2 (General Industrial) District to C2 (General Commercial) District located east of Church Street and south of Welburn Avenue; Set June 5, 1978, as a Public Hearing date on a rezoning initiated by the Planning Commission for approximately .46 of an acre from C1 District to HC District located at the northeast corner of Leavesley Road and San Ysidro Avenue Intersection; and .... -- Approved Salary Achievement Increases for the following five (5) City Employees: Raul Caballero, Groundskeeper I, Range 25 from Step C, $871 to Step D, $916; Edward Gomez, Groundskeeper I, Range 25 from Step A, $790 to Step B, $832; Gabriel Guerra and Anthony Holiday, Firefighters, Range 31 from Step B, $1,112 to Step Cs $1,169; and Peter Timewell, Police Office, Range 32.a from Step C, $ls238 to S te p D, $1,301. Di rector of Pub 1 i c Works-Ci ty Engi neer Hansen presented a re~ I) port on bids received for a heavy-duty fork lift, recommending award of same to Peterson Company in the amount of $9,956.00. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that the heavy duty fork lift bid be awarded to Peterson Company in the amount of $9,956.00 as recommended. The Mayor stated that it was the time and place for a Public Hearing on a proposal to amend the Housing and Community Development Program. .. Housing and Community Development Grant Coordinator McGowan presented and explained the Staff report and recommendation regarding ~ said amendment. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Mr. Jaime Rosso, Youth Counselor for the Owl, addressed the Council recommending approval of the transfer of HCD Funds for com- pletion of Eastside Park Project and expressed concern for the $4,000 net loss of previously approved funds for Eastside Park Project. Staff noted that the project could be completed with the $76,000 trans- fer of funds. The Mayor asked if there was anyone else in the audience wish- ing to speak for or against the proposal. There was no comment from anyone in the audience. HCD Grant Coordinator McGowan noted that a recent telephone call from the California Rural Legal Assistance had been received ex- pressing their concern for the $4,000 net loss of funds for the East- side Park Project. Motion was made by Councilman Link seconded by Councilman Cun- ningham and carried that the Public Hearing be closed. Res. #78-28 Motion was made by Councilman stout seconded by Councilman Link that the reading of Resolution No. 78-28 be waived and that it be adopted. Councilman Cunningham noted that not enough effort has been placed upon the downtown renewal program and, therefore, he would have to oppose said transfer. - lIIiIIIIII __,J Emsee Trans. Co. Temp. Tr. Permit Co. Library System Census U.S.A. \ Ci ty of San Jose League Bulletin Emp. & Train. Brd. Requi re- ment Price Index Employee Commendation 4081 RESOLUTION NO. 78-28 RESOLUT~ON OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING AMENDMENTS TO THE CITY'S FIRST, SECOND, THIRD, AND FOURTH YEAR HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS AND BUDGETS. PASSED AND ADOPTED this 15th day of May, 1978, by the following vote: AYES: COUNCIL t1E~'1BERS: HUGHAN, LINK, STOUT and GOODRICH NOES: COUNCIL MEMBER: CUNNINGHAM ABSENT: COUNCIL MEMBER: CHILDERS Motion was made by Councilman Link seconded by Councilwoman Hughan and carried that authorization be given for the Call for Bids for the Final Phase of the Eastside Park Project. Councilman Cunningham voted "no" on the motion. The Mayor asked if there was anyone in the audience wishing to speak on any matter not on the agenda. There was no comment from anyone. A letter from Emsee Transportation Company requesting extension for a temporary trailer permit expiring June 4, 1978. Motion was made by Councilman Pate seconded by Councilman Link and carried that a one (1) year temporary trailer permit be granted Emsee Transportation Company expiring June 4, 1979. A letter from the County Library System was noted in regard to service reduction in anticipation of Proposition No. 13. Discussion was had by Council. Motion was made by Councilman Cunningham that the Board of Supervisors be severely criticized for their recent actions taken on the matter of Proposition 13 if same is passed at the June 6, 1978, General Election. The motion died for lack of a second. A letter from the State Department of Finance in re: to the City's January 1, 1978, population estimate was noted, same being 17,899. City Administrator Wood noted that Staff had protested same. A letter from Ted Schaal was noted requesting inclusion of property in the Urban Service Area. Discussion was had on the matter. Motion was made by Councilman Pate seconded by Councilman Cunningham and carried that no applications will be accepted by the City for inclusion in the Urban Service Area after July 15, 1978, and that said applications be made by letter and parcel map only. Council referred the letter from Mr. Ted Schaal to the Planning Commi ss i on. A letter from the City of San Jose was noted and filed regarding immunization of school children, since this is presently a requirement of the local school district. The League of California Cities Legislative Bulletin #17-1978 was noted and agreed that Council pol icy of supporti ng the League IS recommendation on said legislation be accepted. A letter from the Santa Clara Valley Employment and Training Board regarding a new requirement to refer eighteen (18) month employees to the Employment Development Department was noted. City Administrator Wood recommended support of same. A letter from the County of Santa Clara in regard to March 1977- March 1978 Consumers I Price Index Increase to be 8.4% was noted. Council requested that a letter of commendation be forwarded to Deputy Police Chief, Jan R. Duke for obtaining his Masters of Science Degree in Criminal Justice Administration. Stone & Youngberg The Financing Letter of Stone and Youngberg was noted. ,'~l~;^'j>:f'n ... 1 4082 Plan. Com. Report 5/4178 L & LEnt. Co. Land Dev. Referra 1 s Tent. Map A.Fortino State Coop. Servi ces Res. 78-29 The Report of the Planning Commission Meeting of May 4, 1978, was noted. Discussion was had in regard to approval of the Tentative Map of L & L Engerprises for condominiums at 8587 Church Street. Motion was made by Councilwoman Hughan seconded by Councilman Stout and carried that the Tentative Map of L & L Enterprises for condominiums at 8587 Church Street be approved as recommended. Councilman Cunning- ham voted "no" on the motion. Discussion was had in regard to the County Land Development Referrals and Council expressed feelings that only County Land Develop- ment Referrals for properties within the Transition Area be forwarded to Council for review and only those referrals outside of the Transi- tion Area in the Urban Service Area that are of significant importance be referred to Council. ....... -- The request of the approval of the Tentative Subdivision Map of A. Fortino for condominiums on Juniper Drive was noted by Acting Planning Director Dorn to be continued since the Planning Commission has continued their study of a policy for condominiums to their May 18, 1978, meeting. Council concurred but recommended that an agree- ment from Albert Fortino on same be obtained. noted. Priorities for future major Planning Department projects were City Administrator Wood recommended renewal of the agreement with the State Cooperative Personnel Services for a three (3) year period. Motion was made by Councilman Pate seconded by Councilman Link that the reading of Resolution No. 78-29 be waived and that it be adopted extending the contract with the State for Cooperative Personnel Services for a three (3) year period, for the purpose of performing examining services for the City, designating Cecil A. i Reinsch, Personnel Director, to enter into and sign same on behalf of the City. .-' - RESOLUTION NO. 78-29 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A CONTRACT WITH THE STATE OF CALIFORNA FOR COOPERATIVE PERSONNEL SERVICES. PASSED AND ADOPTED this 15th day of May, 1978, by the following vote: AYES: COUNCIL MEMBERS: CUNN INGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: CHILDERS 78-79 Budget A request for Budget Study Sessions for the 1978-79 Budget was noted. Council requested that said Preliminary Budget be intro- duced at the June 5, 1978, Council Meeting and study sessions same be set at that time. Blossom Heights Director of Public Works-City Engineer Hansen recommended Tr. 6045 approval to accept improvements on Tract 6045, Blossom Heights. Motion was made by Councilman Link seconded by Councilman Stout and carried that improvements on Tract 6045 Blossom Heights be accepted as recommended. Fence Ord. .. - Council continued their review on the development of a fence ordinance change, amending Sections 6.6 and 6.7 of the City Code. Motion was made by Councilman Cunningham seconded by Council- man Pate and not carried that an ordinance be introduced approving the Staffls recommendations for amendment to the Fence Ordinance, excluding Section 6.6-1. Council t1embers: Hughan, Link and Stout voted "no" on the motion. lii;.".,.,,, Water Supply Condominium Sewer Fees 4083 Motion was made by Councilman Link seconded by Councilwoman Hughan and carried that Section 6.6 and 6.6-1 be approved as recommended by Staff with the following corrections to Subsection (d): "Swimming Pools and in yards not otherwise enclosed by a fence shall be enclosed by a fence or wall not less than four (4) feet in height." Second sentence was retained and the last sentence to include self-closing, self-latching "and lockable." Councilman Cunningham voted "no" on the motion. Motion was made by Councilman Pate seconded by Councilman Cunning- ham and carried to approve Section 6.6-2 as recommended by Staff eliminating the first sentence of Subsection (d) regarding alleys, noted by Staff that same would be brought back to Council at their next regular meeting. Motion was made by Councilwoman Hughan seconded by Councilman Cunningham and carried to approve Section 6.6-3 with the addition that "chain link fences not be allowed in the front yards of residential areas." Motion was made by Councilman Pate seconded by Councilman Cunningham and carried that Section 6.7 be approved as recommended by Staff. It was noted that an ordiance including the above recommendations for amendment to the fence ordinance would be presented to Council for introduction at the next regular meeting. Director of Public Works-City Engineer Hansen presented and explained a report on the water supply of the City. Director of Public Works-City Engineer Hansen presentdd and explained a report on Sewer Connection Fees for Condominiums. FAU Boundaries Director of Public Works-City Engineer Hansen presented a recom- mendation to amend the FAU-FAS Boundaries. Motion was made by Councilman Pate seconded by Councilman Link that the reading of Resolution No. 78-30 be waived and that it be adopted amending the FAU Boundareis as recommended. Hidden Glen Unit #5 City Ha 11 Proj ect Catholic Church Annex. Si ster Ci ty City Hall Proj. RESOLUTION NO. 78-30 RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF GILROY TO CHANGE FAU LIMITS OF SANTA TERESA BOULEVARD. PASSED AND ADOPTED this 15th day of May, 1978, by the following vote: AYES: COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER : CHILDERS Director of Public Works-City Engineer Hansen recommended approval of the Plans and Development Agreement for Hidden Glen, Unit #5, Tract 6254. Motion was made by Councilman Link seconded by Councilman Pate and carried that the Plans and Development Agreement for Hidden Glen, Unit #5, Tract 6254, be approved as recommended. Director of Public Works-City Engineer Hansen recommended awarding the soils foundation service bid for the City Hall Project to Terra-Tech. otion was made by Councilman Pate seconded by Councilman Link and carried that the soils foundation service bid for the City Hall Project be awarded to Terra-Tech as recommended. Councilman Stout voted "no" on the motion. Councilman Stout presented a request from Rather RYan, Roman Catholic Church for approval to move a proposed building on the Church property. He noted that the building is to be used for additional youth and senior type activities and that said building will be moved from Second and Monterey Streets. Motion was made by Councilman Stout seconded by Council- man Cunningham and carried that said building can be moved prior to obtain- ing all required permits subject to the building meeting all City require- ments and standards. The Mayor reported that he would no longer pursue the matter of a Sister City Program as he has been unable to find anyone interested in same. City Administrator Wood requested authorization to pay Mr. Greg Lucio relocation payment in the amount of $3,809.50 and moving costs in the amount of $350.00 in regard to the City Hall Project site. 4084 Chamber of Commerce City Hall Proj ect Adjournment Motion was made by Councilman Pate seconded by Councilman Cunningham and carried that authorization be given to pay relocation and moving costs to Mr. Greg Lucio as recommended. City Administrator Wood inquired if Council wished to review the Chamber of Commerce Agreement due for review at this time or during the 78-79 Budget Study Sessions. Council agreed that due to the time factor that same be reviewed during the Budget Study Sessions. Councilwoman Hughan inquired of the removal procedure of houses at the City Hall Project site. City Administrator Wood noted that some of the houses can be removed and would be advertised at an auction sale and others that cannot be removed will be demolished. ~ At 10:25 p.m., the Mayor adjourned the meeting. Respectfully submitted, ;414~'~JClef~