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Minutes 1978/10/02 ~ ,~. _." .r..\.-___....- .~ ,.~.....~.-."".-.. ,.......,.... 4133 ~.''-';' Gilroy, California October 2, 1978 _... Roll Call 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, Robert H. Hughan, Marion T. Link, John E. Pate, David V. Stout and Norman B. Goodrich. ,..."'" Absent: Council Member: William E. Childers. ..... Promotions The Mayor noted the promotion of Robert Elia, Public Works Sr. Maint. to Water Supervisor; Arthur Rodriguez, Public Works Maint. I - CETA to Public Works Maint. I - Regular; and Lupe Perez, Public Works Maint. I - CETA to Public Works Maint. I - Regular. Consent Motion was made by Councilman Cunningham seconded by Councilman Calendar Pate that the following items under the Consent Calendar be adopted by the following Roll Call Vote: Ayes: Council Members: Cunningham, Hughan, Link, Pate, Stout and Goodrich; Absent: Council Member: Childers. Minutes Approved the Minutes of the Regular Council Meeting of September 18, 1978; Pub. Hear. re:Cas- tlewood Com. Prop. rezoning Pub. Hear. re:D.Mc- Camish rezoning Set a Public Hearing date of October 16, 1978 on a rezoning re- quest of Castlewood Commercial Properties (John M. Filice, Jr.) for property located at the southeast intersection of First Street and Wren Avenue con- taining 13.59 acres from R1 to C1 PUD; Set a Public Hearing date of October 16, 1978 on a rezoning re- quest of Daniel McCamish for property located on the south side of Leaves- ley Road between Forest Street and Murray Avenue, containing approximately one-half (~) acre from M2 (General Industrial) to C2 (General Commercial); .p",,-,,_,,,,,, -,.. Springwood Tr.6054 Res. #78-77 Agree.re: Federal Fed.Aid Projects Accepted Improvement Tract #6054 "Springwood"; Adopted Resolution No. 78-77 adopting a new Master Agreement for Aid Projects; RESOLUTION NO. 78-77 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN AGREE- MENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION FOR FEDERAL-AID PROJECTS. PASSED AND ADOPTED this 2nd AYES: COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBER: day of October, 1978, by the following vote: CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH. None CHILDERS; - Def.& Dev. Approved Deferred and Development Agreements - Frank Della Mag- Agrees.re:giora and Emile & Zena Buyak; and L.D.L. Development/Gibson Subdivision Della Mag- No. 6252. gi ora & Buyak/~ibson Sub.(LDL Dev. ) Eastside Park Approved Notice of Completion for the First Phase of Eastside Park Project; and -- Claim re: Ki ng & Domingues Denied a claim of King & Domingues in re: Weed Control Con- tractor's Damage to Water Line. - Grievance Hearing re:Police Off.Ass'n. Continued the Grievance Hearing of the Police Officers' Associa- tion to October 16, 1978 at the request of said Association. Gi 1 roy Access Com. Mr. Herbert Fenske, representing the Gilroy Access Committee ~"""''''''-''''''''''""''I' ~~- ~ "~'" JI_......- l_' ~.'U L. t ".'. 4134 addressed the Council and requested recognition of said Committee. A letter from the Easter Seal Society was noted explaining said Committee. Mr. Dean Couris, Coordinator addressed the Council and further explained same. Council recognized the Gilroy Access Committee and agreed to cooperate with them. """"'" Park.Dist. Mr. Philip D. Assaf, Attorney, addressed the Council in regard to additional parking in the Downtown Business District and noted restric- tions in forming a new District as a result of Proposition No. 13. ... Director of Public Works-City Engineer Hansen noted that if such a district is formed that he would recommend the City hire an Engine- ering Consultant for said project. ...... Council agreed that they would not be interested in the Grey- hound Bus property adjacent to the proposed new parking district property. The Mayor instructed the City Administrator to confer with the Wells Fargo Bank, Trustee for the property in question, to determine terms of a new lease presently being negotiated. 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 in the audience. The Mayor deviated from the regular agenda in order to accommo- date interested persons in the audience. So.S.C. Va 11 ey Water Conser. Dist. City Administrator Wood presented and explained a letter from the South Valley Water District requesting the City to include benefiting properties into the South Santa Clara Valley Water Conservation District at the time of annexation. .... Mr. Jack Sturla, Secretary-Manager, addressed the Council fur- ... ther explaining same. Motion was made by Councilman Cunningham seconded by Council- woman Hughan and carried that the City notify the South Valley Water District of proposed annexations not presently in the District but drawing from the District's water basin. Trailer House City Administrator Wood presented and explained a Report on Parking Trailer House Parking. Mr. Harold Dunn, 850 Willard Court, addressed the Council representing trailer house owners within the City, noting that his group not opposed to an ordinance but wishes to be included in preparing such an ordinance. It was noted that the Council had aopointed a Committee in 1975 but the trailer house owners wanted the ordinance rescinded. The Mayor reappointed the Director of Public Works, Chief of Police and City Attorney to work with interested citizens on said matter. The Mayor noted that he would also advise those citizens in opposition to parking of recreational vehicles in residential areas of the proposed meet- ing for preparation of a new ordinance to invite them to attend same. It was noted that the Director of Public Works would organize said meeting and that no citations for trailer house parking would be issued by the Police Department until said matter is resolved. The Mayor continued with the regular order of the Agenda. .... - Jt. Powers Agree.re: Co. Youth Service Bureau City Administrator Wood presented an Amendment to the Joint Powers Agreement regarding South County Youth Service Bureau requested by the Board of Supervisors. Motion was made by Councilman Cunningham seconded by Councilman ... ..... '-"H_.:~:....c:....:.......'.'_-C-'......;c='-,-~_~..::.c-,-~_,_,.,~._:.,,_..,,__r"""'c-"" ..'._....... '''_' . .! L . ,..,. ~ .. -,.... "-'~- .........,'",....;:;..;.; 4135 Pate and carried that the amendment to the Joint Powers Agreement be ap- proved subject to approval of same by the other agencies involved. - Downtown Moon- A request of the Gilroy Downtown Business Association for per- light Sale mission to hold their annual Moonlight Sale October 19, 1978 and for closure of Monterey Street was noted. City Administrator Wood reported that the basic closure would be between Lewis and Sixth Streets. Motion was made by Councilman Pate seconded by Councilman Cun- ningham and carried that the request be granted and approved. fitl"'~"";"" ...... Cadile-Single A letter from Mrs. June Cadile requesting permission to con- Family struct an additional single family unit at the rear of 7751 Church Street Unit was noted. Additi on Motion was made by Councilman Link seconded by Councilman Pate and carried that the request for an additional single family residence at the rear of 7751 Church Street be approved. Rent Stabili- The letter from the Council of Churches of Santa Clara County zation Urging Adoption of a Rent Stabilization Ordinance was deferred to later in the meeting to be discussed under the Report on the City of San Jose's Rent Stabilization Study. Bldg. Insp. classifi- cation A letter from Local 101, AFSCME, AFL-CIO Requesting considera- tion of the current status of the classification of Building Inspector was noted. Mr. William Callaghan, representing Local 101 addressed the Council requesting that the position of Senior Building Inspector be replaced, that the CETA position in the Building Department be abolished and that the position of Building Inspector be reinstituted. - ..... City Administrator Wood noted that same was a management decision and Council right only. Mr. Callaghan further inquired of the promotion in the Build- ing Department of September 28, 1978 and if said person met the qualifi- cations that were advertised for said position. City Administrator Wood noted that the qualifications were met in accord with the announcement for said position. Inter-City Council A letter from the Inter-City Council was noted requesting the City's reconsideration of membership in said organization. Council took no action on same. Lazzarini- Subdivi- sion proposal A letter from Mr. Edward J. Lazzarini, President of Lazzco, Inc. was noted requesting an exception to the Growth Management Policy. Mr. Lazzarini addressed the Council and further explained that he is only requesting permission to file an application for his proposal with the Planning Commission and that in the event that same is approved he would concur with a three (3) year build-out schedule. ....... Discussion was had by Council on the matter. Motion was made by Councilman Cunningham seconded by Council- man Link and not carried that Mr. Lazzarini be granted an exceotion to the Growth Management Policy and that he be granted permission to apply and file a proposal for development of his proposed project and that he be allowed a three (3) year build-out schedule to begin in 1979. Council Members: Hughan, Pate, Stout and Goodrich voted II no II on the motion. ..... - Motion was made by Councilman Stout seconded by Councilman Link and carried by the following roll call vote that Mr. Lazzarini be granted permission to file an application for his proposal and make a presentation to the Planning Commission: Ayes: Council Members: Cunning- ham, Link, Stout and Goodrich; Noes: Council Members: Hughan and Pate; Absent: Council Member: Childers. ,........>"",-...."...-....._.~.. . ~-..... ~,~,"WO .r-._ ....--~_ ... .,..... . 4136 .~J .t Waste Manage- A letter from the County of Santa Clara in regard to an Amend- ment Plan ment to the Waste Management Plan was noted. Council took no action until such time action of the other cities is determined. Plan. Com. Report 9-21-78 IIM'. ~. Iii The following informational items were noted with no sepa- rate discussion on same: League of California Cities Legislative Bulletin #34-1978. City Administrator Wood noted Item #3 regarding Public Works Grant as information. .... Letter of appreciation to the City Fire Department. .- The Report of the Planning Commission Meeting of September 21, 1978 was noted. City Administrator Wood noted that eight (8) pro- posed subdivision applications within the City's sphere of influence, before the County has been continued to be acted upon by the County on October 23, 1978 in order to allow the City of Gilroy to comment on same. Council had no comment and no objection to said proposals. Mr. Ernest Bellezza, 797 Gary Street addressed the Council noting that his proposed development on Marcella Avenue is one of the proposed subdivision applications before the County of Santa Clara. P.& R. Com. The Minutes of the Parks and Recreation Commission Meeting 9-26-78 of September 26, 1978 were noted. The Minutes of the Senior Citizens' Advisory Meeting of September 19, 1978 were noted. Personnel Com. The Report of the Personnel Commission Meeting of September 9-27-78 27, 1978 was noted. Monthly Repo rts City Administrator Wood presented the Summary of Monthly Reports of August, 1978. ..... - Disbursements The Report of Disbursements from September 1, 1978 through September 30, 1978 was noted and discussed. Res.#78-78 Litter Control Grant City Administrator Wood presented a request to apply for a Litter Control Grant. Discussion was had on the matter. Motion was made by Councilwoman Hughan seconded by Council- man Pate that the reading of Resolution No. 78-78 be waived and that it be adopted authorizing the City to apply for a Litter Control Grant as recommended. RESOLUTION NO. 78 - 78 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE STATE LITTER CONTROL, RECYCLING AND RESOURCE RECOVERY FUND. PASSED AND ADOPTED this 2nd day of October, 1978, by the following vote: AYES: COUNCIL MEMBERS: CUNNINGHAM, GOODRICH. None CHILDERS HUGHAN, LINK, PATE, STOUT and ..... NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: -- HCD Committee Policy was noted. mendations. A Report on H.C.D. Council Committee Policy recommendations HCD Grant Coordinator McGowan further explained said recom- Discussion was had on the matter. Motion was made by Councilman Link seconded by Councilman .. Cunningham and carried that the City concurs with the recommendations of the HCD Council Committee, stipulating that "rescheduling" refer to re- ... programming with the same City's HCD Program as recommended by Staff. ~ ~ ,"~__V'.' ~ ......,....;.....;. 4137 Swim Pool Operations Wastewater A Report from Consoer, Townsend in regard to redesign of the .. Facilities- Wastewater Facilities - Control Building was presented and further ex- Control plained by City Administrator Wood. He noted that a redesign of said build- Bldg. ing is estimated to be approximately $17,000.00. Said matter was referred to the Council Advisory Sewer Committee in order to meet with Consoer, Town- send on said matter and authorization be given to the Committee to authorize Consoer, Townsend to proceed on the Committee's recommendation in regard to the Control Building of the Wastewater Facilities. The Report on the 1978 Swim Pool Operations was noted and filed. - __ City Hall City Administrator Wood recommended approval of the final two (2) Project relocation payments in regard to the City Hall Project, specifically Mr. Mendujano, at 7350 Hanna Street in the amount of $3,950. and Mr. Macias at 7370 Hanna St. #2 in the amount of $3,700. Council Members: Cunningham and Stout voted "no" on the motion. Clerk-Typist City Administrator Wood presented a report recommending estab- Position lishing a regular Clerk-Typist position in the License Division. He fur- ther recommended transferring the CETA Position to the Police Department for a Meter Person position. Motion was made by Councilman Stout seconded by Councilman Cun- ningham and carried that the City Administrator's recommendation for a regular Clerk-Typist position in the License Division be approved. The Mayor introduced Miss Carmen Medrano, promoted from Clerk- Typist (CETA) to Clerk-Typist (Regular). Rent Stabili- City Administrator Wood presented a report on San Jose's Rent zation Stabilization Study. Council took no action at this time. ~"~ .,'1 -.. Crosswalk- Director of Public Works-City Engineer Hansen presented a re- 9th & port on recommendation that the Citizen's request for a Crosswalk on Prince- Princevalle Street at Ninth Street be denied. valle Mr. Joe Sadlier, 761 Ninth Street, addressed the Council and presented a petition from 86 residents in the area further requesting crosswalks on Princevalle Street on the north side of Ninth Street and across Ninth Street on the west side of Princevalle Street and for a 4-way stop sign at Ninth and Princevalle Streets Intersection. Discussion was had by Council on the matter. Motion was made by Councilman Pate seconded by Councilman Link and carried that appropriate school crossing marks be placed on the pave- ment on Princevalle Street on the west side of Ninth Street and on Ninth Street on the west side of Princevalle Street. Council took no action on the 4-Way Stop Sign request at Ninth and Princevalle Streets. - Through Welburn & Kern Aves. Street- Director of Public Works-City Engineer Hansen presented a recommendation to amend City Code Section 15.43-20 extending the through street status of Welburn Avenue to Morey Avenue (Santa Teresa Blvd.) and Kern Avenue from First Street to North City Limits. Discussion was had on the matter. ... Motion was made by Councilwoman Hughan seconded by Councilman Stout and carried that the reading of a proposed ordinance be waived and that it be introduced and published by title and summary amending City Code Section 15.43-20 as recommended. ~"'" - Water Levels Director of Public Works-City Engineer Hansen presented and etc. explained a report on the City's Water Levels and consumption data. Dis- cussion was had on the matter. Council agreed that in view of said report water should be conserved by residents of the City of Gilroy. ,.,..'i":'>Io,.~..,.,.,...,._..... .... . , , 4138 Councilman Cunningham left the Council Chambers at 11:12 p.m. Res.#78-79 Councilwoman Hughan requested Council to declare the Gilroy 5th St. Fire Station at 55 Fifth Street as a Historical Building. Fire Sta. !'. ...-' Councilwoman Hughan presented and read a proposed resolution declaring same. Motion was made by Councilwoman seconded by Councilman Pate that Resolution No. 78-79 be adopted declaring the Fifth Street Fire Station a Historical Building. RESOLUTION NO. 78-79 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DECLARING THE GILROY FIRE STATION AT 55 FIFTH STREET A HISTORICAL BUILDING. PASSED AND ADOPTED this 2nd day of October, 1978, by the following vote: AYES: COUNCIL MEMBERS: HUGHAN, LINK, PATE, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: CUNNINGHAM and CHILDERS. .... to,. 84 Lumber Councilwoman Hughan inquired of the status of 84 Lumber Com- Company pany. Acting Planning Director Dorn reported that 84 Lumber Company have been contacted and are in agreement with the City's requests. City Councilwoman Hughan inquired of the effect upon the City in Elections regard to elections if Governor Brown establishes November as the School Election date. The City Attorney noted that the City Charter as amended allows for the City elections whenever same is established by the State for Schools. . High Meadows Dev. Proposal Councilwoman Hughan noted that City Staff sent a communication to the County in regard to High Meadows development proposal now before the County for action; that the City would concur with the request of the City of Morgan Hill on said matter. -- Spl.Council The Mayor requested further clarification of the Special Meeting Meeting of the Council called for October 23, 1978 at 8:00 p.m. to 10-23-78 further discuss Urban Service Area requests for 1979. Motion was made by Councilman Stout seconded by Councilman Link and carried that at said meeting Council will accept the recommen- dation of the Planning Commission in regard to said Urban Service Area applications and will further consider filed applications of additional lands presently in the City Limits of the City of Gilroy and further request that applicants be notified of same and that presentation of development maps will not be permitted for presentation at said meeting. - R. Salgado The City Attorney presented and explained a letter from Mr. Appeal Callaghan, representing Local 101 in regard to the Appeal of Mr. Ray Hearing Salgado. He inquired if Council wished the continued hearing of October 16, 1978 to be an Evidentiary or Appellant nature hearing. Council noted that they would not be in accord with rehearing additional information; that same be of an appellant nature only. Sewer Adv. City Administrator Wood recommended setting a Council Sewer Com. Advisory Committee Meeting. Council set October 6, 1978 at 4:00 p.m. for same. -- ..... Growth Manage- ment POlicy City Administrator Wood requested Council discuss the matter of exceptions to the Growth Management Policy for redevelopment within the old quad area. Council referred same to the Growth Management Committee to discuss same at a Committee Meeting scheduled for October 18, 1978 in the afternoon, time to be determined at a later date. - - CETA Program City Administrator Wood requested that Council set a Study Meeting in regard to the new rules and regulations of the CETA Program. 1st St. Policy Adjournment ... 4139 . . Council tentatively set said Study Meeting to follow the Special Meeting of October 23, 1978, time permitting. City Administrator Wood presented a letter from Mr. Howard Smith requesting revision and/or clarification of the First Street Development Policy. He noted that the Planning Commission is currently studying same. Council indicated that it was no longer their intention to require Planned Unit Developments in all developments on First Street. At 11:53 p.m. the Mayor adjourned the meeting. Respectfully submitted, /d ~it~Cld9