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Minutes 1978/10/16 ~ 4139 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 4140 NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE - Budgeted Approved a report on budgeted purchases exceeding $1500 per Items Council direction. - 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. -: , - 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 - 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: ..... 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: - ....... 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. - 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- - "..'".. i I I ...... Pub .Hear. Castlewood Commerci al Properties (J.Filice, Jr. ) ....."" ..... 4141 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. ~.... i -- ..-",". ~ 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 -';;;"'.:..._..-..,-~...... ~ ~ _~ ....__..,. y.,._mL __ .' 4142 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. .... - 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. ..... .... 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. ... ... 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. ~ 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. - - -., >-.,. ~ ..^ , ,,- L">-j"._' _" " "',"~ ",,,-, ......~.. - ''''''I1Ii'iffTf''''. ~ , f~ . .." . '..~ J" ~... .__ 1 II .., ... - M.Bertolone re :Growth Management Po 1 i cy 4143 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. I i -- 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. .... Plan. Dir. liI!IIIIiII'r"~ Emp 1 oyee Awards ~ 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. , ,I.. 4144 Community Center Auct ion Twin Oaks Tr. #6184 City Administrator Wood presented a recommendation for pro- posed remodeling plans of the Community Center. ..... 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. ..... 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. - 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 - 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. ..... ....... 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. ... ....... l " 4145 Adjournment At 10:26, the Mayor adjourned the Meeting. Respectfully submitted, ~~~ef :~t , .