Minutes 1978/10/16
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Gilroy, Caltfornia
October 16, 1978
The Regular Meeting of the Gilroy City Council was called to order
by His Honor Mayor Norman B. Goodrich at 8:00 p.m.
Roll Call Present: Council Members: William E. Childers, Brian D. Cunning-
ham, Roberta H. Hughan, Marion T. Link, John E. Pate, David V. Stout and
Norman B. Goodrich.
AAA Safety The Mayor noted presentation of the Pedestrian Safety Award from
Award the American Automobile Association (AAA).
Consent Motion was made by Councilman Link seconded by Councilman Pate
Calendar that the following items under the Consent Calendar be adopted by the
following Roll Call Vote: Ayes: Council Members: Childers, Cunningham,
Hughan, Link, Pate, Stout and Goodrich;
Minutes Approved the minutes of the Regular Council Meeting of October 2,
1978;
Pub. Hear.
C.Davidson
Rezoning
re: Set a Public Hearing date of November 6, 1978, on a rezoning
request of Charles W. Davidson for property located at the southeast
corner of First Street and Santa Teresa Boulevard containing 3.31 acres
of land from R1 (Single Family Residence) District to C1 (Neighborhood
Commercial) District;
Salary
Increases
Approved a request for Salary Achievement Increases for the
following five (5) City Employees, effective November 1, 1978: John
Lara, Police Officer, Range 32.5 from Step C, $1359/mo. to Step 0, $1429/mo.;
Rhonda Pellin, Clerk Typist II (Planning Dept.), Range 25 from Step A,
$853/mo. to Step B, $899/mo.; Evelyn Petersen, Clerk Typist I (Public
Works), Range 22.5 from Step B, $797/mo. to Step C, $836/mo.; and effective
retroactive to October 1, 1978, John Garcia, Recreation Supervisor I,
Range 28 from Step A, $989/mo. to Step B, $1038/mo.; and Kenneth Merrill,
Police Officer, Range 32.5 from Step B, $1293/mo. to Step C, $1359/mo.;
Through Streets Adopted Ordinance No. 78-31 amending City Code Section 15.43
Ord. #78-31 designating through streets in the City of Gilroy (Kern Avenue and Welburn
Avenue).
ORDINANCE NO. 78-13
AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 15.43 OF THE GILROY
CITY DESIGNATING THROUGH STREETS IN THE CITY OF GILROY.
PASSED AND ADOPTED this 16th day of October, 1978, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE,
STOUT and GOODRICH
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NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
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Budgeted Approved a report on budgeted purchases exceeding $1500 per
Items Council direction.
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Bids: Police A report on bids received for a 1979 Transportation Wagon for
Vehicle the Police Department, recommending awarding the low bid of $8,619.52
to Gilroy Motors was noted. Motion was made by Councilman Stout
seconded by Councilman Link and carried that the low bid of Gilroy
Motors in the amount of $8,619.52 be awarded for the 1979 Transpor-
tation Wagon for the Police Department, and that a budget amendment
be authorized to allow for said purchase, less the Truancy and Van-
dalism Grant of $900 to be received toward said expenditure.
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Eng. Servo re: A recommendation to enter into an agreement with M & H Engineer-
Pkg. Dist. ing Company for engineering services regarding the proposed off-street
#2 Parking District No.2 at Monterey and Lewis Streets was noted. Coun-
cilman Pate declared himself absent in the discussion and vote on same
due to an interest in said matter. Motion was made by Councilman
Cunningham seconded by Councilman Childers and carried that the low
bid of M & H Engineering Company in the amount of $5,500 for engineer-
ing services for the proposed off-street Parking District No.2 be
awarded. Councilman Stout voted "no" on the motion.
Res. #78-80 re: City Administrator Wood presented and read a proposed resolu-
Eng. Serv.- tion appointing Engineer and authorizing execution of the Agreement
Pkg.Dist.#2 for Engineering services in connection with Parking District No.2.
r~otion was made by Councilman Cunningham, seconded by Council-
man Childers that Resolution No. 78-80 be adopted. Councilman Stout
voted "no" on the motion.
RESOLUTION NO. 78-80
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A RESOLUTION APPOINTING ENGINEER AND AUTHORIZING EXECUTION OF AGREE-
MENT FOR ENGINEERING SERVICES IN CONNECTION WITH PARKING DISTRICT
NO.2.
PASSED AND ADOPTED this 16th day of October, 1978, by the following
vote:
AYES:
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COUNCIL MEMBERS:
CHILDERS, CUNNINGHAM, HUGHAN,
GOODRI CH
STOUT
PATE
LINK, and
NOES:
ABSENT:
COUNCIL MEMBER:
COUNCIL MEMBER:
Res. #78-81
Apptng.
Attys for
Pkg.Dist.#2
City Administrator Wood presented and read a proposed resolu-
tion appointing attorneys for said proposed Parking District No.2.
Motion was made by Councilman Link and seconded by Councilman Chil-
ders that Resolution No. 78-81 be adopted. Councilman Stout voted
"no" on the motion.
RESOLUTION NO. 78-81
A RESOLUTION APPOINTING ATTORNEYS - PARKING DISTRICT NO.2.
PASSED AND ADOPTED THIS 16th day of October, 1978, by the following
vote:
AYES:
COUNCIL MEMBERS:
CHILDERS, CUNNINGHAM, HUGHAN,
GOODRICH
STOUT
PATE
LINK and
NOES:
ABSENT:
COUNCIL MEMBER:
COUNCIL MEMBER:
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Pub.Hear.re: The Mayor stated that it was the time and place scheduled
Weed Abate. for a Public Hearing confirming the Report of the Fire Chief regard-
ing Weed Abatement.
The Mayor asked if there was anyone in the audience wishing to
speak on the matter. There was no comment from anyone in the audience.
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Motion was made by Councilman Pate seconded by Councilman
Cunningham and carried that the Public Hearing be closed. Resolution --
No. 78-82 confirming the report and providing for special assessments
was presented. Motion was made by Councilman Stout seconded by Coun-
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Pub .Hear.
Castlewood
Commerci al
Properties
(J.Filice,
Jr. )
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cilman Link that the reading of Resolut~on No. 78-82 be waived and that
it be adopted.
RESOLUTION NO. 78-82
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CONFIRMING THE REPORT
OF THE CHIEF OF THE FIRE DEPARTMENT SETTING FORTH THE DESCRIPTION OF
PROPERTY, THE OWNERS THEREOF, AND THE COST OF ABATING THE NUISANCE
CAUSED BY THE GROWING OF WEES AND ACCUMULATION OF REFUSE IN THE CITY OF
GILROY, AND PROVIDING THAT SUCH COSTS SHALL CONSTITUTE ASSESSMENTS
AGAINST THE RESPECTIVE OWNERS OF LAND.
PASSED AND ADOPTED this 16th day of October, 1978, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE,
STOUT and GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
re: The Mayor stated that it was the time and place scheduled for a
Public Hearing on a rezoning request of Castlewood Commercial Properties
(John M. Filice, Jr.) for property located at the southeast intersection
of First Street and Wren Avenue containing 13.59 acres from R1 (Single
Family Residence) to C1 (Neighborhood Commercial) District.
Acting Planning Director Darn presented and explained Staff's
report regarding said rezoning request, recommending that a PUD be
attached to said request.
The Mayor asked if there was anyone in the audience wishing to
speak for or against the proposed rezoning.
Mr. John M. Filice, Jr., representing the applicant, addressed
the Council and further explained the requested rezoning.
City Administrator Wood reported that he has received telephone
calls from several of the property owners at the southwest corner of
the proposed rezoning in regard to not desiring commercial development
adjacent to their property.
Mr. Filice noted that the proposed plans would provide for some
type of barrier between commercial and residential development in the
area, i.e., concrete wall, etc.
The Mayor asked if there was anyone further in the audience
wishing to speak on the matter. There was no comment from anyone in
the audience.
Motion was made by Councilman Cunningham seconded by Councilman
Link and carried that the Public Hearing be closed.
Discussion was had on the matter by Council. The City Attorney
noted that a resolution would be required if a PUD is requested on this
development.
Res. #78-83 Motion was made by Councilman Stout seconded by Councilman Link
that the reading of Resolution Nol 78-83 be waived and that it be adopted
approving C1 zoning under a PUD requirement, noting that same would be
acknowledged for a total of one (1) year.
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RESOLUTION NO. 78-83
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING A C1 PLANNED
UNIT DEVELOPMENT PERMIT, SUBJECT TO COMPLIANCE WITH THE PLANS, SPECIFI-
CATIONS AND DESIGNS FILED WITH THE APPLICATION, AND TO BE FILED AND
APPROVED, AND THE CONDITIONS IMPROVED HEREIN, FOR ALL OF THAT CERTAIN
13.51 ACRE PARCEL LOCATED ON THE SOUTHEAST CORNER OF FIRST STREET
(HECKER PASS) AND WREN AVENUE.
PASSED AND ADOPTED this 16th day of October, 1978, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE,
STOUT and GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
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Pub.Hear. re:
McCamish
Rezoning
The Mayor stated that it was the time and place scheduled for
a Public Hearing on a rezoning request of Daniel McCamish for property
located on the south side of Leavesley Road between Forest Street and
Murray Avenue containing approximately one-half (~) acre from M2
(General Industrial) to C2 (General Commercial) District.
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Acting Planning Director Dorn presented and explained Staff's
report regarding said rezoning request.
Discussion was had in regard to the over-all architect and
site control policy for Leavesley Road.
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.
Motion was made by Councilman Cunningham seconded by Councilman
Link and carried that the Public Hearing be closed. Discussion was
had by Council on the matter.
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Motion was made by Councilman Link seconded by Councilman
Childers that the reading of the proposed ordinance rezoning said
property be waived, that it be introduced and published by title and
summary.
Grievance Hear- The Mayor stated that it was the time and place scheduled for
ing re: Pol. the continued Grievance Hearing of the Gilroy Police Officers'
Off. Assoc. Association.
Hearing re:
R.Salgado
City Administrator Wood reported in regard to no written
policies on reimbursement to personal vehicles of police officers
while on duty in the Cities of Campbell and Sunnyvale, as previously
reported.
Police Officer Timewell, President of the Police Officers'
Association noted that this information had been received from a
survey received from said cities and further checking, noted that
the person completing the survey had erred. Discussion was had on
the matter.
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Chief of Police Laizure addressed the Council noting that
damage to police officers' personal vehicles is by reason of employ-
ment and police action which would not be the case of other employees
in the City.
Council requested Staff to determine what the City's Insur-
ance Company recommends in regard to claims of this nature below
the City's deductible.
Assistant City Administrator Reinsch reported that he was
verbally informed by the Insurance Company that they would not in-
vestigate any claims under the City's $2,500 deductible.
City Administrator Wood recommended that this matter be re-
solved as the original insurance bid provided for this assistance.
Council ordered the Police Officers' Association claim to be
filed with the City's Insurance Company. The Mayor adivsed Officer
Timewell that the City would be notifying the Police Officers' Asso-
ciation of the Insurance Company's action in regard to said claim. ...
Police Officer Timewell concurred.
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City Administrator Wood reported that the continued Closed
Hearing regarding termination of Mr. Ray Salgado scheduled for this
meeting has been requested by Mr. Saldado's representative to be
continued to the November 6, 1978, Council Meeting. The Mayor ordered
same.
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M.Bertolone
re :Growth
Management
Po 1 i cy
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A letter from Mr. Mike Bertolone was noted in regard to a request
for an exception to the Growth Management Policy. Councilwoman Hughan
noted that the Growth Management Policy Advisory Committee of the Council
has scheduled a meeting for October 18, 1978, at 3:00 p.m. in the Council
Chambers and inquired if said matter could be discussed at said meeting.
Mr. Bertolone addressed the Council and noted that he is in accord
with same and that he can be present at said meeting.
USA-G.L. Wojahn, A letter from Mr. G. L. Wojahn, et al, was presented requesting
et al City Services. Discussion was had in regard to whether or not this request
could be discussed at the October 23, 1978, Special Council Meeting. It
was noted that filed urban service area applications only would be the
topic of discussion at said meeting.
Motion was made by Councilman Link seconded by Councilman Cunning-
ham and carried that the urban service area request of Mr. G. L. Wojahn,
et al, would be considered at the October 23, 1978, Special Council Meeting.
[
Prop. #1
A request of the Citizens' for Cal-Vet Housing was noted urging
support of Proposition No.1 at the November 7, 1978, General Election.
Council noted that previous policy was to not endorse propositions of an
election.
Rent Stabili- A letter from the Golden State Mobilerome Owners' League was noted
zation in regard to Rent Stabilization. Council noted that they would consider
future requests for mobile home facilities.
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Flood Control
Adv. Com.
The following informational items were noted with no separate
discussion on same:
Santa Clara Valley Water District in regard to appointments to
the Flood Control Advisory Board;
Urban Service Local Agency Formation Commission's Annual Review of Urban Service
Areas Area;
State Water
Resou rces
Plan. Com.
Repo rt of
10/5/78
Lib. & Cu It.
Com. Meet.
9/5/78
State Water Resources Change in User Charges Studies. City
Administrator Wood noted that the City would be required to pay in excess
of the grant for the engineering work for an interim and final rate
studies as a result of this new State Water Resources policy change. He
further noted that Staff will attempt to get the State to accept the
completed preliminary study as the interim report.
The Report of the Planning Commission Meeting of October 5, 1978,
was noted.
The Minutes of the Library and Culture Commission Meeting of
September 5, 1978, were noted.
Park Supervisor City Administrator Wood presented a report and recommendation to
hire Mr. William A. Headley, Jr., as Park Supervisor at Range 32.5a Step
C, $1372/mo. as recommended. Motion was made by Councilwoman Hughan
seconded by Councilman Pate and carried that Mr. William A. Headley, Jr.
... be hired as Park Supervisor as recommended.
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Plan. Dir.
liI!IIIIiII'r"~
Emp 1 oyee
Awards
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City Administrator Wood recommended hiring Michael Dorn, Acting
Planning Director as Planning Director on a six (6) months probationary
basis. Motion was made by Councilman Link seconded by Councilman Stout
and carried that Michael Dorn be hired as Planning Director as recommended.
Service City Administrator Wood presented a request for an appropriate
meeting to present employee service awards previously given at the Annual
City Barbecue which was cancelled this year due to the Jarvic/Gann
proposition.
Council concurred to present said awards at the beginning of the
November 6, 1978, regular Council Meeting.
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Community
Center
Auct ion
Twin Oaks
Tr. #6184
City Administrator Wood presented a recommendation for pro-
posed remodeling plans of the Community Center.
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Director of Parks and Recreation AYer further explained said
recommendation. Mr. E. H. Duerr, Architect, addressed the Council ....
and further explained the remodeling plans. Discussion was had on
the matter.
Motion was made by Councilman Link seconded by Councilman
Cunningham and carried that the proposed remodeling plans for the
Community Center be approved as presented.
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City Administrator Wood presented a request for the City to
conduct an auction on November 4, 1978, for surplus items. Motion
was made by Councilman Pate seconded by Councilman Link and carried
that the request be granted.
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Director of Public Works-City Engineer Hansen presented a
recommendation for acceptance of improvements in Twin Oaks Subdi-
vision, Tract #6184. Motion was made by Councilman Pate seconded
by Councilwoman Hughan and carried that the improvements in Twin Oaks
Subdivision, Tract #6184, be accepted as recommended.
Jt. Sewer Adv. Councilman stout noted that the Sewer Advisory Committee of
Com.Meet. the Council met with the City of Morgan Hill's Committee and that
said meeting has been continued.
Co. Trans it
Agency
Councilwoman Hughan noted that the Transit Agency of the
County will have a new transit bus for Council to view on October
23, 1978, at 7:30 p.m., in front of the City Hall; same being prior
to the scheduled Special Council Meeting of 8:00 p.m.
9th St. Imp. Councilman Stout inquired of the City requirements for future
widening of Ninth Street. ...
City Administrator Wood reported that property owners at
said location who intend to do any remodeling have been requested to
enter into a deferred development agrement with the City for an
assessment district in the event at some future date property owners
agree to widen said street.
Leavesley Rd.
Po 1 icy
San Martin
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Councilman Cunningham requested that the City recommend that
the Architectural and Site Control Committee be instructed to recom-
mend some policy for future development on Leavesley Road. Council
referred same to the Planning Commission.
Councilman Cunningham inquired of any proposed plans for the
incorporation of San Martin, if any. City Administrator Wood noted
that he does not believe that the City of Gilroy will be required to
provide sewage to the residents of San Martin without further expand-
ing the City's Sewer Plant facilities.
The Mayor requested Council and City Staff to save any used
paper for the school students claiming to be having a paper shortage.
Personnel Director Reinsch inquired if Council wished to
present the City Attorney with a ten (10) year service award~since
awards of this nature were not previously given to employees con-
sidered to be on a part-time basis. Council took no action on same.
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Sewer Adv. Com. The Council Sewer Advisory Committee agreed to have a study
Meeting meeting at 4:30 p.m. on October 17, 1978.
Wren Ave.-1st Director of Public Works-C~ty Engineer Hansen reported that
St. Signals the traffic signals at Wren Avenue and First Street are scheduled to
be activated and in operation either October 19, 1978, or October 23,
1978.
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Adjournment
At 10:26, the Mayor adjourned the Meeting.
Respectfully submitted,
~~~ef :~t
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