Minutes 1978/08/07
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4111
Gilroy, California
August 7, 1978
The Regular Meeting of the Gilroy City Council was called to
order by His Honor Mayor Protempore John E. Pate at 8:01 p.m.
Roll Call Present: Council Members: William E. Childers, Brian D. Cunningham,
Roberta H. Hughan, Marion T. Link, John E. Pate, David V. Stout. Absent:
Council Member: Norman B. Goodrich.
Res.#78-51 The City Attorney presented and read Resolution No. 78-51 in
recognition of the retirement of Mr. Jesus P. Ramirez, Public Works Maint.
II, 20 Year City Service.
Motion was made by Councilman Link seconded by Councilman Cunning-
ham that Resolution No. 78-51 be adopted.
RESOLUTION NO. 78-51
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY COMMENDING SERVICES OF MR.
JESUS P. RAMIREZ, PUBLIC WORKS MAINTENANCE II UPON HIS RETIREMENT.
. ~,.~_,,_......~ ",,~__...r..__";, ,~_._"."",..-.....,.,..... ..,..-yr r""'l ~~. ........-..---;..~
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PASSED AND ADOPTED this 7th day of August, 1978, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, STOUT and
PATE.
NOES: COUNCIL MEMBERS: None
ABS ENT: COUNC I L MEMBER: GOODR I CH ;
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Res.#78-52
J.Paul
Crumrine
The City Attorney presented and read Resolution No. 78-52 in
recognition of the retirement of Mr. John Paul Crumrine, Public Works
Maintenance II, 10 Years City Service.
Motion was made by Councilman Stout seconded by Councilman
Link that Resolution No. 78-52 be adopted.
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RESOLUTION NO. 78-52
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY COMMENDING SERVICES OF MR.
JOHN PAUL CRUMRINE, PUBLIC WORKS MAINTENANCE II UPON HIS RETIREMENT.
PASSED AND ADOPTED this 7th day of August, 1978, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, STOUT and
PATE.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBER: GOODRICH.
.....
Mayor Protempore Pate presented the resolutions and gifts to
Mr. Jesus P. Ramirez, and Mr. John Paul Crumrine, respectively.
, Consent
Calendar
Councilman Stout requested that he be absent for voting on
Item "C" under the Consent Calendar re: Development Agreements of Ghir-
landa and Gibson because of an interest in same.
Motion was made by Councilman Cunningham seconded by Council-
man Link that the following items under the Consent Calendar be adopted by
the following Roll Call Vote: Ayes: Council Members: Childers, Cunningham,
Hughan, Link, Stout and Pate; Absent: Council Member: Goodrich. (Noting
Councilman Stout absent for voting on Item lie" as requested.) -
Minutes
Approved the Minutes of the Regular Council Meeting of July
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17, 1978;
Ord.#78-26 Adopted Ordinance No. 78-26 Amending Section 15.43 of the
City Code to Designate Tenth Street from the East City Limits to the West
City Limits a through street, except at its intersections with Chestnut
Street, Monterey Street and Princevalle Street;
ORDINANCE NO. 78-26
AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 15.43 OF THE GILROY
CITY CODE SO AS TO DESIGNATE TENTH STREET FROM THE EAST CITY LIMITS TO
THE WEST CITY LIMITS A THROUGH STREET, EXCEPT AT ITS INTERSECTIONS WITH
CHESTNUT STREET, MONTEREY STREET AND PRINCEVALLE STREET.
PASSED AND ADOPTED this 7th day of August, 1978, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, STOUT and
PATE.
NOES: COUNCI L MEMBERS: None
ABSENT: COUNCIL MEMBER: GOODRICH:
Ghirlanda & Approved Development Agreements, etc. of Ghirlanda and Gibson
Gibson Dev. (Councilman Stout absent).
Agree.
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pub.Hear.re:
V.LoBue re:
zoning
The Mayor Protempore stated that it was the time and place
scheduled for a Public Hearing on a request of Vic LoBue to rezone from
M2 to C2 District, approximately 4.34 acres located west of Church Street
and south of Welburn Avenue.
...
Acting Planning Director Dorn presented and exolained Staff's
Report on same.
The Mayor Protempore asked if there was anyone in the audience
wishing to speak for against the proposed rezoning. There was no comment
from anyone in the audience.
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Motion was made by Councilman Cunningham seconded by Councilman
Link and carried that the Public Hearing be closed.
Intro.Ord. Motion was made by Councilman Link seconded by Councilman Stout
rezoning- that the reading of the proposed ordinance rezoning property from M2 to
V.LoBue C2 District located west of Church Street and south of Welburn Avenue be
Prop. waived and that it be introduced and published by title and summary.
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........
Housing The Mayor Protempore stated that it was the time and place sche-
Authority duled for a Public Hearing on proposed Execution of a Coooerative Agree-
re:ref- ment between the Housing Authority of the County of Santa Clara and the
erendum City as required by U.S. Housing Act of 1937.
i ss ue
,.......
It was noted that the Housing Authority requested to continue
said hearing to August 21, 1978.
The Mayor Protempore 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.
Motion was made by Councilman Link seconded by Councilman Cun-
ningham and carried that the Public Hearing be continued to August 21,
1978 at 8:00 p.m.
Petition
Murray
Ave.78-3
Annex.
re: City Administrator Wood noted receipt of a petition from Vivian
Chiesa et al and Eleanor Poletti requesting annexation of 9.6 acres located
on the west side of Murray Avenue to be known as "Murray Avenue Annexa-
tion 78-3 to the City of Gilroy", approved by LAFCO August 2, 1978.
same.
Councilman Stout declared himself absent due to an interest in
Res. #78-53 Moti on was made by Counci lman Link seconded by Council man Cun-
ningham that the reading of Resolution No. 78-53 be waived and that it be
adopted.
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RESOLUTION NO. 78-53
A RESOLUTION PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE
CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRI-
TORY DESIGNATED AS "MURRAY AVENUE ANNEXATION 78-3 TO THE CITY OF GILROY".
PASSED AND ADOPTED this 7th day of August, 1978, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK and PATE.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: STOUT and GOODRICH.
Res. #78-54 Motion was made by Councilman Link seconded by Councilman Cun-
Rural ningham that the reading of Resolution No. 78-53 be waived and that it
Fire be adopted removing said territory from the Gilroy Rural Fire District.
Dist.
"lii,-,."1\
RESOLUTION NO. 78-54
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 "MURRAY AVENUE ANNEXATION 78-3
TO THE CITY OF GILROY".
PASSED AND ADOPTED this 7th day of August, 1978, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK and PATE.
NOES: COUNCIL MEMBERS: None '
ABSENT: COUNCIL MEMBERS: STOUT and GOODRICH.
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Petition
Thomas
Rd.78-4
Annex.
re: City Administrator Wood noted receipt of a petition from Val
and Ernie S. Filice requesting annexation of 2.932 acres located on the
north side of Thomas Road at the extension of Princevalle Street to be
known as "Thomas Road 78-4 Annexation to the Ci ty of Gil roy" approved
by LAFCO August 2, 1978.
1IIirIioi<,,"4
Res.#78-55 Motion was made by Councilman Link seconded by Councilman
Childers that the reading of Resolution No. 78-55 be waived and that it
be adopted.
RESOLUTION NO'. 78-55
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A RESOLUTION PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF
GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED
AS "THOMAS ROAD ANNEXATION 78-4 TO THE CITY OF GILROY".
PASSED AND ADOPTED this 7th day of August, 1978, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, STOUT and
PATE.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBER: GOODRICH.
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Res.#78-56 Motion was made by Councilman Link seconded by Councilman Childers
that the reading of Resolution No. 78-56 be waived and that it be adopted
removing said territory from the Gilroy Rural Fire District.
IIIIIll
RESOLUTION NO. 78-56
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 "THOMAS ROAD ANNEXATION 78-4 TO THE CITY OF GILROY".
PASSED AND ADOPTED this 7th day of August, 1978, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, STOUT and
PATE.
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: GOODRICH.
......
Petition
Leaves-
1 ey #3
78-1
Annex.
re: City Administrator Wood noted receiot of a Petition from Frank J.
Filippi and State of California requesting annexation of 170.872 acres
located on the south side of Leavesley Road at the South Valley Freeway to
be known as "Leavesley No.3 Annexation 78-1 to the City of Gilroy" approved
by LAFCO August 2, 1978.
Councilman Cunningham declared himself absent due to an interest in
same.
Res.#78-57 Motion was made by Councilman Stout seconded by Councilman Link that
the reading of Resolution No. 78-57 be waived and that it be adopted.
IIIIIIl
RESOLUTION NO. 78-57
A RESOLUTION PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY
OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIG-
NATED AS "LEAVESLEY NO. 3 ANNEXATION 78-1 TO THE CITY OF GILROY".
PASSED AND ADOPTED this 7th day of August, 1978, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, HUGHAN, LINK, STOUT and PATE.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: CUNNINGHAM and GOODRICH.
--
Res.#78-58 Motion was made by Councilman Stout seconded by Councilman Link
Rural that the reading of Resolution No. 78-58 be waived and that it be adopted
Fire Dist. removing same from the Rural Fire District.
RESOLUTION NO. 78-58
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 "LEAVESLEY NO. 3 ANNEXATION 78-1 TO THE CITY OF GILROY".
PASSED AND ADOPTED this 7th day of August, 1978, by the fOllowing vote:
AYES: COUNCIL MEMBERS: CHILDERS, HUGHAN, LINK, STOUT and PATE.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: CUNNINGHAM and GOODRICH.
...
The Mayor Protempore asked if there was anyone in the audience
wishing to speak on any matter not on the agenda.
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Las
Eire
Station
Animas Fire Chief Brittain addressed the Council recommending acceptance
of completion of Las Animas Fire Station subject to correction of certain
minor items. Councilwoman Hughan declared herself absent due to an interest
in same.
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Mr. John Hughan, Architect, addressed the Council and further
explained the request.
Motion was made by Councilman Stout seconded by Councilman Link
and carried that completion of Las Animas Fire Station be accepted subject
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4115
to correction of certain minor items noted by Staff.
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Temp.Trailer City Administrator Wood oresented a request of Copple & Stiggins,
Copple & Inc. for a one (1) year temporary construction office trailer permit.
Stiggins Motion was made by Councilman Link seconded by Councilman Stout and
carried that a one (1) year temporary construction office trailer per-
mit be approved for Copple & Stiggins as requested.
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Intergovern- A letter from the Intergovernmental Council was noted in regard
mental to Membership on a proposed Industry and Management Task Force. Council-
Council- man Stout volunteered to be nominated for said appointment.
Ind.Manage.
Task Force
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P. G. & E.
Audit
A letter from Pacific Gas & Electric Company was noted offering
to provide the City with an Energy Conservation Audit.
Mr. Dave Sorenson, Manager of P.G. & E. addressed the Council
further explaining same. Council accepted said offer and instructed
Staff to cooperate with Pacific Gas and Electric Company for said
audit .
Consoer- A letter from Consoer-Townsend was noted in regard to 100% sub-
Townsend mittal of plans and specifications for the new sewer treatment
facil ity.
P.Gimenez- A letter from Mr. Peter Gimenez was noted appealing for inclu-
Build-Out sion in the current Build-Out Schedule.
Schedule
Acting Planning Director Dorn explained the reason for denial of
said build-out schedule.
.......
Motion was made by Councilman Stout seconded by Councilman Cun-
ningham and carried that the subject build-out schedule as presented
of Mr. Peter Gimenez be approved for after July 1, 1979. Council
Members: Childers and Hughan voted "no" on the motion.
.......
ABAG
A letter from ABAG in regard to Santa Clara Valley Corridor
Evaluation was noted.
The following informational items were noted with no separate
discussion on same:
Tenth Street Annexation 78-2 to the City of Gilroy application
filed with LAFCO July 25, 1978.
Grant-EIR
Education
Program
The David & Lucile Packard Foundation in re: to a Grant to the
City for an Environmental Education Program.
Councilman Cunningham noted that the Parks and Recreation
Director be complimented on obtaining said grant.
Plan. Com. The Report of the Planning Commission Meeting of August 3, 1978
8-3-78 was noted.
......
Council discussed the request for a Joint Council/Planning Com-
mission Study Session re: Urban Service Area Inclusion Requests.
Council did not set same and suggested that the Planning Commis-
sion consider only those applications within the oresent Transition
Area and loqical amount of acreage that can be serviced by the City
by 1983 (5 years).
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Councilman Cunninqham sugqested that the Transition Area be
expanded.
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P.& R. Com.
7-18-78
Personnel
Com.
7-26-78
Cl ass ifi ca-
tions-Aides
& Interns
Lib.& Cult.
Com.
7-11-78
Monthly
Reports
Uvas Creek
Flood Con-
trol Study
The Minutes of the Parks and Recreation Commission Meeting
of July 18, 1978 were noted.
...
The Report of the Personnel Commission Meeting of July 26,
1978 was noted.
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Council set September 5, 1978 as the time for the Grievance
Hearing of the Police Officers' Association.
Motion was made by Councilman Link seconded by Councilman
Cunningham and carried that the classifications presented for Aides
and Interns be approved.
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The Minutes of the Library and Culture Commission ~eeting of
July 11, 1978 were noted.
The Summary of Monthly Reports of June, 1978 was noted and
discussed.
A Report on California Water Commission Committee Meeting of
Uvas Creek Flood Control Study was noted.
Motion was made by Councilman Stout seconded by Councilwoman
Hughan and carried that the City supports the project through acquisi-
tion of right-of-way, funding and/or services as recommended.
l~ater Recl ama-
tion noted.
A Report on Gilroy (Emergency) Water Reclamation Facility was
Council acknowledged receipt of the bill and agreed to pay
the agreed percentage as stipulated for the original loan and disputed
the City's liability for the excess construction costs over the original
loan amount.
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Shop Classifi- Shop classifications for Garaqe Assistant, Auto Equipment
cations Mechanic I and II were presented for approval and further explained by
Personnel Director Reinsch.
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Motion was made by Councilman Link seconded by Councilman
Childers and carried that shop personnel classifications for Garage
Assistant, Auto Equipment Mechanic I and II be approved as recommended
and that shop classifications for Auto Mechanic.and Equipment Mechanic
be abolished as further recommended.
Res.#78-59 Motion was made by Councilman Link seconded by Councilman
Eastside Park Childers that the reading of Resolution No. 78-59 be waived and that it
be adopted authorizing to proceed with Landscape Works at Eastside Park.
RESOLUTION NO. 78-59
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DECLARING THAT CITY
SHALL COMPLETE ALL LANDSCAPING WORKS AT EASTSIDE PARK BY USING CITY
DAY LABOR AND OPEN MARKET PURCHASING WITHOUT BIDDING.
PASSED AND ADOPTED this 7th day of August, 1978, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, STOUT
and PATE.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBER: GOODRICH.
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Councilman Stout recommended that a record of labor and costs
be kept for this work. Council agreed.
HCD Funds - Las City Administrator Wood presented and explained a request for
Animas Park a redesignation of Third Year (1977-78) HCD Funds orginally allocated
for Land Acquisition at Las Animas Park. It was recommended that the
City use City Funds to cover the cost of the creek rerouting and use the
$10,000.00 of HCD Funds for improvements at Las Animas Park.
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Discussion was had on the matter.
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Motion was made by Councilman Stout seconded by Councilman Link and
not carried that the required City funds be obtained from the El Roble Park
budgeted funds. Motion failed due to a tie.
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Motion was made by Councilwoman Hughan seconded by Councilman Cun-
ningham and carried that the request for an exchange of HCD funds for land
acquiSition at Las Animas Park be approved as recommended by Staff. Council
Members: Link and Stout voted "no" on the motion.
p^""""M
New City City Administrator Wood requested authorization to conduct a Public
Hall Sale of structures to be removed from the new City Hall site, same to be
advertised for September 18, 1978. Motion was made by Councilman Link
seconded by Councilman Childers and carried that a Public Sale of structures
to be removed from the new City Hall site as recommended be set for
September 18, 1978. Councilman Cunningham voted "noll on the motion.
......,
Land Acq.
New City
Hall
City Administrator Wood presented a request for Durchase of one (1)
parcel for the new City Hall in the amount of $28,500.00, said parcel
located at 285 West Seventh Street. Motion was made by Councilwoman Hughan
seconded by Councilman Link and carried that authorization be given to
purchase the property at 285 West Seventh Street in the amount of $28,500.00
as recommended. Council Members: Cunningham and Stout voted "no" on the
motion.
Wren Ave.
Signali-
zation
A request to amend the 1978-79 Budget to cover additional expenses
for the Wren Avenue Signalization Project was noted and further explained
by City Administrator Wood.
Motion was made by Councilman Stout seconded by Councilman Link
and carried that the 1978-79 Budget be amended to cover the additional
expenses for the Wren Avenue Signalization Project as recommended.
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Res.#78-60 A resolution was presented requesting to change Santa Theresa Court
St. Name to Blake Court. Motion was made by Councilwoman Hughan seconded by
Change Councilman Childers that the reading of Resolution No. 78-60 be waived and
that it be adopted.
I.....,.
RESOLUTION NO. 78-60
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY RENAMING SANTA THERESA
COURT II BLAKE COURT".
PASSED AND ADOPTED this 7th day of August, 1978, by the followinq vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, LINK, STOUT and PATE.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: GOODRICH.
St. Imp.
Proj ects
A report on Street Improvement Projects was presented and ex-
plained by City Administrator Wood.
Sewer Agree. Councilman Stout reported on the proposed Sewer Agreement with
the City of Morgan Hill as recommended by the Council Sewer Advisory Com-
mittee, same enclosed with Council agenda packets.
Discussion was had and minor changes made.
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Motion was made by Councilman Childers seconded by Councilman
Link and carried that the proposed Sewer Agreement as presented wHh
changes be accepted and that same be forwarded to the City of Morgan Hill
for their approval.
Sa 1 a ry
Increases
Motion was made by Councilman Stout seconded by Councilwoman
Hughan that an 8% salary increase be approved retroactive to July 1, 1978
for management positions, rather than a 4% as previously recommended to
include a $500.00 annual increase for the City Attorney and to also include
an 8% increase for the City Administrator rather than the 7.7% previously
approved. Councilman Cunningham voted "no" on the motion.
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Build-Out
Schedules
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City Administrator Wood requested clarification of Council inter-
pretation of their previous policy for carry~overs of build-out schedules.
Council agreed that in the event that an approved buid-out schedule was not
completed at the last year, any carry-over previously approved could be
completed in the following year or years if so needed.
78-79 Budget Assistant City Administrator Reinsch noted that the final 1978-
1979 copies of the Budget were included in the Council agenda packet.
Adjournment
At 10:30 p.m. Mayor Protempore Pate adjourned the meeting.
Respectfully submitted,