Minutes 1978/06/19
] 4092
Roll Call
Gilroy, California
June 19, 1978
The Regular Meeting of the Gilroy City Council was called to
order by His Honor Mayor Norman B. Goodrich at 8:01 p.m.
Present: Council Members: William E. Childers, ,Brian O. Cun-
ningham, Roberta H. Hughan, Marion T. Link, John E. Pate and Norman B.
Goodrich. Absent: Council Member: David V. Stout.
The Mayor tabled presentation of the retirement gift to Mel
Clement, Senior Building Inspector to await his presence.
4093
Consent Motion was made by Councilman Cunningham seconded by Council-
Calendar man Pate that the following items under the Consent Calendar be approved
by the following Roll Call Vote: Ayes: Council Members: William E. Childers,
Brian D. Cunningham, Roberta H. Hughan, Marion T. Link, John E. Pate and
Norman B. Goodrich. Absent: Council Member: David V. Stout.
Minutes Approved the Minutes of the Regular Council Meeting of June 5,
1978;
Salary
Achieve.
Increases
Ord.#78-18
Rezoning-
Mussa 11 em
Dev. Corp.
"";.,oi
Ord. #78-19
Rezoning-
Leavesley
& San
Ysidro
Approved the request for Salary Achievement Increases for the
following Nine (9) City Employees: Ken Berri, Public Works Inspector,
Range 29.5 Step "B" $1035. to Step "C" $1085.; Claude Campbell, Sewage
Treatment Plant Operator II, Range 31.5 Step "A" $1085. to Step "B" $1140.;
Robert Elia, Public Works Senior Maintenance, Range 29 from Step "D" $1112.
to Step "[" $1169.; Ral ph Hernandez, Custodian I, Range 25 from Step "D"
$916. to Step "E" $961.; Craig Martin, Police Officer, Range 32.5 from
Step "B" $1197. to Step lieu $1258.; Michael Riddell, Sewage Treatment
Pl ant Operator I, Range 28 from Step "A" $916. to Step "B" $961.; Manuel
Rodriguez, Jr. Civil Engineer, Range 35 from Step "C" $1420. to Step "D"
$1490.; and Tom Vasquez, Police Officer, Range 32.5 from Step "0" $1319.
to Step "E" $1385.;
Adopted Ordinance No. 78-18 amending the Zoning Ordinance by
rezoning a .968 acre parcel located on the northeast corner of First
Street and Kelton Drive from R1 to C1 District (Mussallem Dev.Corp.);
ORDINANCE NO. 78-18
ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID
CITY BY REZONING A .968 ACRE PARCEL ON THE NORTHEAST CORNER OF FIRST STREET
AND KELTON DRIVE FROM R1 (SINGLE FAMILY RESIDENTIAL) TO C1 (NEIGHBORHOOD
COMMERCIAL) DISTRICT.
PASSED AND ADOPTED this 19th day of June, 1978, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE and
GOODRICH.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBER: STOUT.
Adopted Ordinance No. 78-19 amending the Zoning Ordinance by
rezoning a 0.5 acre parcel initiated by the Planning Commission located
on the northeast corner of Leavesley Road and San Ysidro Avenue from C1
to HC District;
ORDINANCE NO. 78-19
ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID
CITY BY REZONING A 0.5 ACRE PARCEL LOCATED ON THE NORTHEAST CORNER OF
LEAVESLEY ROAD AND SAN YSIDRO AVENUE FROM C1 (NEIGHBORHOOD COMMERCIAL)
DISTRICT TO HC (HIGHWAY COMMERCIAL) DISTRICT.
PASSED AND ADOPTED this 19th day of June, 1978, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN. LINK, PATE and
GOODRICH.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBER: STOUT.
Ord.#78-20 Adopted Ordinance No. 78-20 prezoning 9.6 acres located on
Prezoning- the west side of Murray Avenue opposite its intersection with Gavilan
Hope Rehab.Court to M2 District (Hope Rehabilitation Services);
Servo
ORDINANCE NO. 78-20
ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID
CITY BY PREZONING A 9.6 ACRE PARCEL ADJOINING THE CITY OF GILROY ON THE
WEST SIDE OF MURRAY AVENUE OPPOSITE ITS INTERSECTION WITH GAVILAN COURT
AS M2 (GENERAL INDUSTRIAL).
PASSED AND ADOPTED this 19th day of June, 1978, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE and
GOODRICH.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: STOUT.
Ord.#78-21 Adopted Ordinance No. 78-21 amending the Zoning Ordinance
Rezoning by rezoning a .75 acre parcel at 8915 Monterey Street (Manuel Gonzalez)
M.Gonzalez from R1 to HC District;
-
-.#';--"~-
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ORDINANCE NO. 78-21
ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY
BY REZONING A .75 ACRE PARCEL AT 8915 MONTEREY ROAD AT THE NORTHWEST CORNER
OF LIMAN AVENUE FROM R1 (SINGLE FAMILY RESIDENCE) DISTRICT TO HC (HIGHWAY
COMMERCIAL) DISTRICT.
PASSED AND ADOPTED this 19th day of June, 1978, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE and
GOODRICH.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBER: STOUT.
....
Ord.#78-22 Adopted Ordinance No. 78-22 amending the Zoning Ordinance by re-
Rezoning zoning a 1.961 acre parcel located on the east side of Church Street, 300 ...
B.Morton feet south of Welburn Avenue from M2 to C2 District (Ben Morton);
ORDINANCE NO. 78-22
ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY
BY REZONING A 1.961 ACRE PARCEL ON THE EAST SIDE OF CHURCH STREET 300 FEET
SOUTH OF WELBURN AVENUE FROM M2 (GENERAL INDUSTRIAL) DISTRICT TO C2 (GENERAL
COMMERCIAL) DISTRICT.
PASSED AND ADOPTED this 19th day of June, 1978, by the fOllowing vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE and
GOODRICH.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBER: STOUT.
Castlewood
#10 Tract
6001
Accepted Improvement Tract #6001, Castlewood No. 10;
Pub.Hear. Set a Public Hearing date of July 5, 1978 on a prezoning applica-
re:Filippi tion of Frank J. Filippi on 17.26 acres located at the northeast corner of
prezoning the intersection of Gilman Road and South Valley Freeway from Al-2.5 (Co.
Ag.) Zone to IZ (Interim Zone).
...
Eastside
Pk.Stage
,$
City Administrator Wood presented and explained a report on one
(1) bid received June 16, 1978 re: Eastside Park Stage II Development from
Jack Chrich, Contractor, in the amount of $201,064. including deductible
alternates totalling $31,079.00.
City Administrator Wood reported that the balance in the EDA Grant
Funds is $141,563.00.
-
Discussion was had by Council in regard to the Alternates of said
bid and what items could be eliminated. t1otion was made by Councilman Pate
seconded by Councilwoman Hughan and carried that said bid be referred to
Staff to attempt to negotiate with the Contractor to delete specific alter-
names in order to be within the EDA Grant Funds available and report to
Council on same.
Presenta- The Mayor presented Mel Clement, Senior Building Inspector,
tion-M. recently retiring from the City services with a gift.
Clement
Pub.Hear.re: The Mayor stated that it was the time and place scheduled for a
pre & re-Public Hearing on an application of Glickman, Crumpler, Riley Inc. to re-
zoning zone and prezone approximately 18~ acres located south of Tenth Street bet-
GCR Inc. ween Chestnut Street and the South Valley Freeway from IZ (Interim Zone)
District to HC (Highway Commercial) District.
Acting Planning Director Dorn presented Staff's Report on said
...
....
proposal.
The Mayor asked if there was anyone in the audience wishing to
speak for or against the proposal.
Mr. Malcom Riley, Applicant addressed the Council and introduced
the following: Mrs. Elizabeth Steidley and Mr. & Mrs. Roy Uyeno and son,
property owners; William K. Henry, Project Engineer; Brewster Burns, Traffic
Engineer-Aptos; Mr. & Mrs. Dale Atkinson, representing K-Mart Santa Cruz; Mr.
& Mrs. Russell R. Pratt, Associate (K-Mart, Lucky Super Mkt., and Long's Drugs).
4095
Mr. Riley further explained the proposed use of the property.
Mr. William K. Henry, Jr., Project Engineer, addressed the Council and
further explained the Environmental Impact Report of said property.
Mr. Brewster Burns, Traffic Engineer, addressed the Council and ex-
plained the proposed signalization for Tenth Street in regard to said project.
Council indicated that the City of Gilroy did not wish to participate
in the cost of the signalization proposed for Tenth Street.
The Mayor asked if there was anyone further in the audience wishing
to speak for or against the proposal.
Mr. Jim Roberts, Secretary-Manager of the Chamber of Commerce addres-
sed the Council and noted the Chamber's support of the project.
The Mayor asked if there was anyone else in the audience wishing to
speak for or against the proposed zoning matter.
Mr. Roy Uyeno, property owner addressed the Council and requested
that the City grant the zoning and look favorably toward the proposed project.
Mr. John Filice, Attorney representing Garden Valley Foods addressed
the Council noting that his clients were not opposed to the use proposed for
said property but expressed concern that the development in the area remains
within highway-commercial uses.
Motion was made by Councilman Cunningham seconded by Councilman Pate
and carried that the Public Hearing be closed.
Discussion was had by Council on the matter.
Motion was made by Councilman Link seconded by Councilman Childers
and carried that a proposed ordinance prezoning and rezoning said property
be introduced, the reading waived and that it be published by title and sum-
mary.
pub.Hear.re: The Mayor stated that it was the time and place scheduled for a
78-79 Public Hearing on the 1978-1979 Budget.
Budget
City Administrator Wood noted that Council has not completed their
Budget Study Sessions. He reported to date that the Council has reduced the
expenditure Budget from $11,996,157. to $11,502,291.
The Mayor asked if there was anyone in the audience wishing to speak
for or against the proposed budget.
The following addressed the Council requesting Council to maintain
the present Museum Staff and operating house of the museum budget: Mr. Ed
Seledon, Library & Culture Commissioner; Mr. Howard Smith, City Historian;
and Mr. James Williams, Professor of History (Gavilan College).
Council set June 20, 1978 at 3:00 p.m. for their next Council
Study Session on the 1978-79 Budget.
r -,
Motion was made by Councilman Link seconded by Councilman Cunningham
and carried that the Public Hearing be continued to Monday, June 26, 1978 at
8:00 o'clock p.m. in the Council Chambers.
Pub.Hear.re: The Mayor stated that it was the time and place scheduled for a
Tenta- Public Hearing on an amendment to a Tentative Subdivision Map of Mussallem
tive Sub. Development Corporation for construction of a twenty-four (24) Unit Condo-
Map- minium Development located west of Westwood Drive containing approximately
Mussal- 1.32 acres (North of First Street and West of Westwood Drive.).
lem
Acting Planning Director Dorn presented and explained Staff's
report on said amendment.
The Mayor asked if there was anyone in the audience wishing to
speak for or against the proposal.
There was no comment from anyone in the audience.
4096
Motion was made by Councilman Link seconded by Councilman Pate
and carried that the Public Hearing be closed.
Motion was made by Councilman Childers seconded by Councilman
Link and carried that the amendment to the Tentative Subdivision Map of
Mussallem Development Corporation be approved subject to the condition
that said map will comply with the new Condominium Policy to be adopted
and including the conditions already recommended by the Planning Commission
and Staff.
M.Bertolone A letter from Mr. Mike Bertolone, requesting approval of con-
7th St. struction of sixteen (16) Units (R3) at 7th Street was noted and discussed.
.....
Motion was made by Councilman Link seconded by Councilwoman
Hughan and carried that the request of Mr. Bertolone be denied.
...
Gen.Plan Acting Planning Director Dorn introduced General Plan Consul-
tant Mr. Douglas Duncan and proposed General Plan Citizens' Advisory Com-
mittee.
Motion was made by Councilman Pate seconded by Councilamn Link
and carried that the document presented be accepted and that the City
Staff proceed to canvass the community for selection of the proposed Citi-
zensl Advisory Committee.
Trans.Com.
Rep.
A letter from the County of Santa Clara Board of Supervisors
on behalf of the Transportation Commission was noted requesting appointment
to said Commission for Roberta H. Hughan's term expiring June 30, 1978.
t'1otion was made by Councilman Cunningham seconded by Councilman Pate and
carried that Councilwoman Hughan be reappointed as Council Representative
on the County Transportation Commission for a term expiring June 30, 1980.
The following items were noted with no separate discussion on ...
same:
Letter commending Fireman Covington; and
........
Chamber of Commerce Activity Report. XVII, May '78.
Plan.Com.
6-15-78 was noted.
The Report of the Planning Commission Meeting of June 15, 1978
Res.#78-39 Discussion was had in regard to the recommended policy for New
re:Condos Residential Concominiums. Motion was made by Councilman Link seconded by
Councilman Childers that the reading of Resolution No. 78-39 be waived and
that it be adopted approving the policy for New Residential Condominiums
as recommended noting to change the word "creed" under No.2. a. to "condi-
tion I'.
RESOLUTION NO. 78-39
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING POLICY
FOR NEW RESIDENTIAL CONDOMINIUMS.
PASSED AND ADOPTED this 19th day of June, 1978, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, and
GOODRICH.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBER: STOUT.
....
-
Res. #78-40 Motion was made by Councilman Link seconded by Councilman
Condos Childers that the reading of Resolution No. 78-40 be waived and that it
be adopted approving the policy for Residential Condominium Conversion
as recommended noting to change the word "creed" under No.3. a. to "con-
dition" and No.6. c. "that each unit be separateZy metered .for water ser-
vices" .
RESOLUTION NO. 78-40
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING POLICY
FOR RESIDENTIAL CONDOMINIUM CONVERSIONS.
PASSED AND ADOPTED this 19th day of June, 1978, by the following vote:
PUD re:
Filice
Estate
Vi neya rds
Mira Loma
,'It\,c~~
4097
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: CHILDERS, LINK, PATE and GOODRICH.
COUNCIL MEMBERS: CUNNINGHAM and HUGHAN.
COUNCIL MEMBER: STOUT.
Discussion was had in regard to the recommended PUD amendment for
Filice Estate Vineyards.
Motion was made by Councilman Cunningham seconded by Councilwoman
Hughan and carried that the PUD amendment for Filice Estate Vineyards (Mira
Loma) be denied.
Loomix Inc. County referral for Loomix, Inc. in regard to a zone change and
Co. re- a conditional use permit was noted and discussed. Motion was made by
ferral Councilman Link seconded by Councilman Cunningham and carried that the City
notify the County that it has no objection to this application.
Uncollectable City Administrator Wood presented a report of uncollectable sewer
Sewer & and water accounts for 1977-78. Motion was made by Councilwoman Hughan
Water seconded by Councilman Pate and carried that uncollectable water accounts
Accounts in the amount of $1,152.75 and sewer accounts in the amount of $243.26 be
written off as requested.
Transfers
Ca rry-
overs
Budget
Monthly
Reports
Study re:
Waste-
water
Treat.
Plant
New City
Hall
F--''',
''''''h''''''''''''
Res.#78-41
Sales
Tax
& A recommendation for budget transfers, amendment and carry-overs
to balance the 1977-78 Budget in the amount of $373,801. was presented.
Motion was made by Councilman Link seconded by Councilwoman Hughan and car-
ried that the budget amendments and carry-overs in the amount of $373,801.
be authorized noting that the carry-overs will amend the 1978-79 Budget.
Motion was made by Councilman Pate seconded by Councilman Link
and carried that the Budget transfers in the amount of $68,380. to balance
the 1977-78 Budget be authorized.
The Summary of Monthly Reports of April, 1978 were noted.
City Administrator Wood presented a revised agreement for Manage-
ment Study and Services for Planned Wastewater Treatment Plant. Motion
was made by Councilman Link seconded by Councilman Cunningham and carried
that the revised Agreement as presented be approved and that the Mayor be
authorized to execute same on behalf of the City.
City Administrator Wood presented a report on re-appraisals of
three (3) parcels regarding the City Hall site. Motion was made by
Councilwoman Hughan seconded by Councilman Pate and not carried by the fol-
lowing Roll Call vote to approve the three (3) purchases as reappraised.
Ayes: Council Members: Hughan, Pate and Goodrich; Noes: Council Members:
Childers, Cunningham and Link; Absent: Council Member: Stout.
Council suggested that this matter be deferred until after ap-
proval of the 1978-79 Budget.
City Administrator Wood requested reconsideration of Mrs. Tapia's
property in the amount of $42,000.00 plus $15,000.00 relocation costs and
including $500.00 moving costs because action by Council on said matter
after approval of the 1978-79 budget would be after Mrs. Tapia's verbal
option on the relocated property has expired.
Motion was made by Councilwoman Hughan seconded by Councilman
Pate and carried that the fOllowing Roll Call vote that the City Administra-
tor be authorized to purchase Mrs. Tapia's property as recommended for a
total of $57,000.00: Ayes: Council Members: Hughan, Link, Pate and Goodrich;
Noes: Council Members: Childers and Cunningham; Absent: Council Member:
Stout.
City Administrator Wood presented a continued County Sales Tax
Collection Maintenance Agreement noting cost of 91% of 1% recommending ap-
proval of same subject to approval of same by all of the cities in the
1 4098
County of Santa Clara.
Motion was made by Councilman Pate seconded by Councilman Link
that the reading of Resolution No. 78-41 be waived and that it be adopted
approving the continued County Sales Tax Collection Maintenance Agreement
subject to approval of same by all the cities in the County.
RESOLUTION NO. 78-41
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING MEMORANDUM OF
UNDERSTANDING TO ENSURE CONTINUATION OF EXISTING LOCAL SALES TAX DISTRI-
BUTION BY THE COUNTY OF SANTA CLARA.
PASSED AND ADOPTED this 19th day of June, 1978, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, HUGHAN, LINK, PATE and GOODRICH.
NOES: COUNCIL MEMBER: CUNNINGHAM
ABSENT: COUNCIL MEMBER: STOUT.
Adjournment At 10:55 p.m. motion was made by Councilman Link seconded by
Councilman Childers and carried to adjourn to Monday, June 26, 1978 at
8:00 o'clock p.m.
Respectfully submitted,