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Minutes 1978/11/06 l Roll Call Intro. new Employees 4147 November 6, 1978 Gilroy, California 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: William E. Childers, Brian D. Cunning- ham, Roberta H. Hughan, Marion T. Link, John E. Pate, David V. Stout and Norman B. Goodrich. The Mayor introduced the following new employees: Linnie Jenkins, Clerk Typist I; Barbara Hagins, Personnel Clerk; Linda perruccio, Police Cadet; Rickey Brandini, Park Arborist; William A. Headley, Jr., Park Supervisor; and William Deiber, Auto Equipment Mechanic I. 4148 Employee Service Awards Consent Calendar Minutes Ord. #78-32 McCamish Rezoning Pub.Hear. re: Filice Est. Vineyards Rezoning Agree. re: Housing Authority Pub.Hear. re: L & LEnt. rezoning I....... _." ...... The Mayor presented employee service awards to recipients present. - Motion was made by Councilman Link seconded by Councilman Pate that the following items under the Consent Calendar be anopted by the following Roll Call Vote: Ayes: Council Members: Childers, Cunningham, Hughan, Link, Pate, Stout and Goodrich. - Approved the Minutes of the Regular Council Meeting of October 16, 1978; Approved the Minutes of the Special Council Meeting of October 23, 1978; - -- re: Adopted Ordinance No. 78-32 rezoning property of Daniel McCamish located on the south side of Leavesley Road between Forest Street and Murray Avenue from M2 to C2 District. ORDINANCE NO. 78-32 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING A 0.546 ACRE PARCEL ON THE SOUTH SIDE OF LEAVESLEY ROAD BETNEEN FOREST STREET AND MUR.~Y AVENUE FROM M2 (GENERAL INDUS- TRIAL) DISTRICT TO C2 (GENERAL CO~1ERCIAL) DISTRICT. PASSED AND ADOPTED this 6th day of November, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, STOUT AND NONE NONE CUNNINGHAM, HUGHAN, LINK, PATE, GOODRICH NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: set a Public Hearing date of November 20, 1978, on a rezoning request of Filice Estate Vineyards for property located on the east side of Wren Avenue at Montebello Drive, containing 10.7 acres of land from Rl (single Family Residence) to PO (Professional Office) District; ~ Extended the present agreement with the Housing Authority of the County of Santa Clara from september 1, 1977, through August 31, 1987; -- Set a public hearing date of November 20, 1978, on a rezoning request of L & L Enterprises for property located at the southeast corner of Pierce and Church Streets containing 1.58 acres from M2 (General Industrial) District to CM (Commercial Industrial) District. weed Abatement Fire Chief Brittain presented and explained a report on the Contract Weed Abatement Contract Bid for 1979 noting certain typographical errors, recommending correcting same. Comparative cost bids for 1977, 1978, and 1979 were noted as informational. Motion was made by Councilman Link seconded by Councilman Cun- ningham and carried that the Weed Abatement Contract Bid of C. J. Simms, Co., Inc., be awarded with corrections noted for the 1979 Weed Abatement Program. Bids re: Police A report on bids regarding the police Department roof was Dept. Roof noted. Motion was made by Councilman Pate seconded by Councilman Link and carried that the bid be rejected and that $500 be authorized for repair only of said roof at this time. ~.~. - Bids re: Houses A report on bids regarding sale of houses in regard to the at New City new City Hall Project was presented noting that a bid has been sub- Hall Site mitted for the house and garage at 375 West Seventh Street in the amount of $17.50. Motionwas made by Councilwoman Hughan seconded by Councilman stout and carried that the bid of $17.50 for the garage and house at 375 West Seventh Street be accepted. Councilman Cunningham voted "no" on the motion. """"'" ... "._" ..... -.... ~. I Pub. Hear. re: Davidson rezoning - - ...... .,.,.. -- 2nd Pub. Hear. re: HCD Funds ....... ... p,.,,,'..... - 4149 The Mayor stated that it was the time and place scheduled for a Public Hearing 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 Rl (Single Family Residence) District to Cl (Neighborhood Commercial) District. Planning Director Dorn presented and explained Staff's report on same noting that Staff recommended denial of said rezoning and the Planning Commission recommended approval of same. The Mayor asked if there was anyone in the audience wishing to speak on the matter. Mr. Howard Smith, realtor representing Mr. Davidson, addressed the Council noting that the owner does not envision any lot splits for the commercial plan not completed at this time for said property. Mrs. Marcia Keahey, representing W. R. Howson Properties, addressed the Council noting no objection to the rezoning but concern about access to their property from any street extending southerly from the subject application; they would not want their lands split by such a street extension. Discussion was had by Council on the matter. Motion ~as made by Councilman Link seconded by Councilman Childers and carried that the Public Hearing be closed. Council discussion was had on the matter. Council requested that if there were ever any intention to propose lot splits on the property that they be informed of same. Motion was made by Councilman stout seconded by Councilman Pate and carried that a proposed ordinance be introduced, the reading waived, and that it be published by title and summary. Councilman Cunningham voted "no" on the matter. The Mayor stated that it was the time and place scheduled for a second public hearing on HCD Fifth Year Application under the Housing and Community Development Act of 1977. HCD Grant Coordinator McGowan addressed the Council presenting a recommendation to execute the HCD Joint Powers Agreement for 1979-80. The Mayor stated that this matter would be discussed following the Public Hearing on the HCD Fifth Year application under HCD Act of 1977. HCD Grant Coordinator McGowan presented and explained the Staff Report in regard to the HCD 5th Year Application. The Mayor asked if there was anyone in the audience wishing to speak on the matter. Ms. Anne Rosenqweig addressed the Council noting a critical lack of low income housing in Gilroy and urges not just housing related funds but direct funding for land banking for purchase of land and development for low income housing. The Mayor asked if there was anyone further in the audience wishing to speak. Ms. Skip Pridham, representing the Gilroy Access Committee addressed the Council noting that they are in favor of the curb cuts as listed for the physically handicapped, noting that they would make further presentation at the Third Public Hearing in regard to the HCD 5th Year Application. Mr. Jesse Ponce, community worker for the Mental Health, addressed the Council requesting that funds be allocated for purchase of land for the low income housing program. Mr. Paul Andrew, representing Hope Rehabilitation Services in Gilroy, addressed the Council requesting consideration of funds for their multi-purpose facility for the severely handicapped in Gilroy, noting that their present funds are being used toward the purchase of the land. ..1. ~.. ___, -l___...___.__..:_._. ._.L....~G!.~ 4150 City Administrator Wood reported that Council would be setting a precedent in regard to this request; that there are 100 organizations supported by the United Fund, and that the greatest community need at this time is low and moderate income housing. ... - Mr. Jaime Rosso addressed the Coucnil requesting supporting allocations of HCD funds for land banking. Motion was made by Councilman Link seconded by Councilman Childers and carreid that the Public Hearing be closed. -- Jt. Powers Agreement Res. #78-84 HCD Grant Coordinator McGowan recommended executing the HCD Joint Powers Agreement for 1979-80. Motion was made by Councilman Pate seconded by Councilman Link that the reading of Resolution No. 78-84 be waived and that it be adopted authorizing execution of the HCD Joint Powers Agreement for. 1979-80. - RESOLUTION NO. 78-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ACKNOWLEDGING EXECUTION OF JOINT EXERCISE OF POWERS AGREEMENT AND COOPERATION AGREE- MENT PURSUANT TO TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED. PASSED AND ADOPTED this 6th day of November, 1978, by the following vote: AYES: NOES: AB SENT: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT AND GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE It was noted that there would be a Third public Hearing on the HCD 5th Year Application under Housing and Community Development Act of 1977 on November 20, 1978, at the regular Council Meeting. -- Cont'd Hearing The Mayor noted that the closed hearing re: termination of re: Ray Mr. Ray Salgado is scheduled to follow the regular agenda of this Salgado meeting. ......., Measure G The Mayor noted a request of Al and Gloria Youngwerth to submit petitions from County residents in opposition to Measure G, November 7, 1978, Special Municipal Election consolidated with the General Election. Mr. Al Youngwerth addressed the Council and presented petitions containing approximately 160 signatures of residents in the County in opposition to Measure G. Mr. Youngwerth suggested that Mr. Thomas Kruse, County resident, be appointed to coordinate efforts between the county residents and the City. The City Attorney noted that City Commissioners must be registered voters in the City of Gilroy. He further noted that same was a Charter requirement and that in General Law Cities, such as Morgan Hill, other provisions may apply. High School Parking A request of the Gilroy Unified School District was noted for parking restrictions on the north side of Tenth street. Dis- cussion was had on the matter. -- - Motion was made by Councilman Link seconded by Councilman Cunningham and carried that the request be tabled. Rent Stabiliza- A request from the Council on Aging of Santa Clara County, tion Ord. Inc., was noted urging adoption of a rent stabilization ordinance. Council took no action on same. .. - -' .'_.c:~,~_,-,,,L',-_L~:!:-.:L....;~; . .'y" .- 4151 Tu Cantina Bar re: A request of Elias L. Rojas was noted for a municipal business ","''''' Card Tables license to operate two (2) card tables at the Tu Cantina Bar, 7355 Monterey Street. - - ..... ~"'-'" - ..... .... - - Plan. Com. Report of 10/19/78 & 11/2/78 Hillside Ord. Urban Service Area P & R Com. Minutes 10/24/78 Discussion was had on the matter. Motion was made by Councilman Cunningham seconded by Councilwoman Hughan by the following Roll Call vote that the request be denied. Ayes: Council Members: Childers, Cunningham, Hughan, Link, Pate, and Goodrich. Noes: Council Member: stout. The following informational items were noted with no separate discussion on same except the letter from the Santa Clara Valley Water District. Discussion was had in regard to the letters from the Santa Clara Valley Water District re: Modification in use of reclaimed water con- cerning school and Christmas Hill Park. Councilman Link requested that the City determine why this ruling has been taken when the Golden Gate Park in San Francisco is allowed to use reclaimed water at said location. Letter from Congressman Mineta re: Effects of Poposition No. 13; Letter from San Jose Mercury-News re: recent editorial; and Ground-breaking Route 101 Freeway, Ford to Cochran Road. Reports of the Planning Commission's Meetings of October 19, 1978, and November 2, 1978, were noted. The Planning Commission requested urging Council to obtain Staff Budget support to facilitate preparing a Hillside Ordinance. Planning Director Dorn reported that the present Staff, including recruitment for an Associate Planner, would be adequate staff to allow facilitating preparation of a Hillside Ordinance, same proposed to begin following the Growth Management Committee and General Plan studies. Urban Service Area requests referred by Council October 23, 1978, to the Planning Commission were noted: 1) Planning Commission re- affirmed their initial recommendation not to include the Assembly of God, application #23 in the Urban Service Area; 2) Planning Commission recommended approval of Ernest S. Filice, application #L4, in the Urban Service Area. Mr. Don McMurray, Pastor of the Assembly of God Church, addressed the Council explaining proposed plans for development of the church property under application #23. He noted that the plans would include a church, school building, parking facilities and, possibly, one residence for the Pastor's residence. The Minutes of the Parks and Recreation Commission Meeting of October 24, 1978, were noted. The Minutes of the Senior Citizens' Advisory Committee Meeting of October 17, 1978, were noted. The Parks and Recreation Director's memo was noted in regard to Uvas Creek Natural Preserve, and further explained by Parks and Recreation Director Ayer. He noted that the County has changed their thinking to provide park areas from rural areas to more urban settings to better serve more of the population. Planning Director Dorn reported that the 1962 General Plan provided for a similar plan to preserve the Uvas Creek. Mrs. Joan Harrison, representing AAUW, addressed the Council and endorsed the Uvas Creek Natural Preserve recommendation and requested that the City should act immediately to obtain available funding for same. Councilwoman Hughan recommended that the City study same and obtain a Task Force to recommend a proposed plan for the Uvas Creek Natural Preserve. ~L . .-L 4152 Motion was made by Councilman Pate seconded by Councilman Cunningham and carried that the Council approves the concept and idea of the plan as proposed and instructs the Parks and Recreation Director to pursue same. - - Personnel Com. Meeting 25, 10/25/78 & 11/1/78 The Reports of the Personnel Commission Meetings of october 1978, and November 1, 1978, were noted. Police Recruit Position Personnel Director Reinsch recommended approval of the classification and salary range for Police Recruit position (Range 26.5, Step A, $920/mo.). Motion was made by Councilman Link seconded by Councilman Cunningham and carried that the classification and salary range of Police Recruit position be approved as reconunended. - .... Monthly Reports Disbursements The Report of Disbursements from october 1, 1978, through October 31, 1978, was noted. The summary of Monthly Reports of September, 1978, was noted. Yr. End Audit City Administrator Wood presented and explained the Audit Report of Arthur Young & Company for the year ended June 30, 1978. Discussion was had on same. Motion was made by Councilman Pate seconded by Councilman Childers and carried that the year End Report of Arthur Young & Company be accepted as presented. Fire Station- Fifth st. A Report on the condition of the fire station at Fifth Street was noted and discussed. Motion was made by Councilman Link seconded by Councilman Pate and carried that the City advertise bids for the sale of said building. Council Members: Childers and Hughan voted "no" on the motion. Arch. & Site A request for an alternate member of the Architectural and Com. Appoint-Site Approval Committee was noted and also noted appointments for ments Elaine Long and Bob Voorhees terms expired October 6, 1978. The Mayor recommended that he re-appoint Elaine Long and Bob Voorhees for an additional year (expiring October 6, 1979) and requested that he take under advisement the appointment of an Alternate Member to said Committee. Motion was made by Councilman Link seconded by Councilman Childers and carried that same be ordered. .... ....... Eng. Office A request for additional help in the Engineering Office was noted, specifically, hiring two (2) Junior Civil Engineers, rather than aides, since CETA employees in said positions would be temporary and the Engineering Department cannot operate efficiently under these conditions. Motion was made by Councilman stout seconded by Councilman Link and carried that two (2) Junior Civil Engineers be authorized for the Engineering Office of the Department of Public Works as requested. Quit Claim Deeds-re: 50' R/W Exchanges City Administrator Wood recommended that the City join in to rescind a fifty foot right of way extending from Wren Avenue to Church Street and transverses the middle of Las Animas Park, by authorizing quit claim deeds to the adjacent owners in exchange for similar deeds to the City. Motion was made by Councilman Link seconded by Councilman Pate that the reading of Resolution No. 78-85 be waived and that it be adopted authorizing execution of two (2) quit claim deeds, as recommended. - ""'- RESOLUTION NO. 78-85 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AUTHORIZING THE EXECUTION OF TWO (2) QUIT CLAIM DEEDS. PASSED AND ADOPTED this 6th day of November, 1978, by the following vote: AYES: IJIIIIIII COUNCIL MEMBERS: CHILDERS, STOUT AND NONE NONE CUNNINGHAM, HUGHAN, PATE, LINK, GOODRICH - NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: 4153 So. Valley Food A request from South Valley Food Service for a Special Parking Service re: Permit was noted and further explained by Assistant City Administrator Pkg.Permit Reinsch noting that the School District is opposed to same and that Staff has no recommendation. - Council took no action on same but indicated that said service could not be prohibited from parking on a public street. - Res. #78-86 re: Director of public Works-City Engineer Hansen recommended FAU Funds/ establishing a procedure for the exchange of FAU FUhds with the City of City of S.J. san Jose. Motion was made by Councilman Pate seconded by Councilman Link that the reading of Resolution No. 78-86 be waived and that it be adopted establishing a procedure for the exchange of FAU Funds with the City of San Jose as recommended. ..... RESOLUTION NO. 78-86 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DESCRIBING PROCESS TO BE USED IN SANTA CLARA COUNTY TO IMPLEMENT THE FEDERAL AID URBAN PROGRAM AND REPEALING RESOLUTION NO. 78-11 WHICH IS INCONSISTENT HEREWITH. PASSED AND ADOPTED this 6th day of November, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT AND GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE NOES: ABSENT: County FAU Program Director of public Works-City Engineer Hansen presented a report on the proposed County FAU Program. Co. Tnans. Plan A request by the County for comments on their transportation improvement plan was presented and explained by Director of Public Works- City Engineer Hansen. ,~.. New City Project Hall Director of public Works-City Engineer Hansen presented and explained a report on projected costs of architectural services for the new City Hall. Motion was made by Councilman Childers seconded by Councilman Pate and carried that Council approves proceeding with the additional Architectural Services in the amount of $20,750 to suffi- ciently complete to finish said plans with a 45 day period as recommended. Council Members: Cunningham and stout voted "no" on the motion. ....... It was also acknowledged by Council that the total architectural services for the new City Hall Project would be $97,250.00 if and when same is advertised for bidding purposes, per letter of october 10, 1978. Res. #78-87 Street Name Changes re: Director of Public Works-City Engineer Hansen presented a report and recommendation to change the following street names: Milias Drive to Ayer Drive (Council requested eliminating Ayer Court for that portion of the street which is in the cul-de-sac); Hersman Court to Stewart Drive (Council requested eliminating Stewart Court for that portion of the street which is in the cul-de-sa); the unnamed road south of Lots 407 and 408 named Hersman Drive; and establishing the name of Murray Avenue to continue south along the Gilroy Apartments (now I.O.O.F. Avenue addressed) to the bend at Eastside P~rk; and the short east/west section to remain Chestnut Street. ".,.... I I... Motion was made by Councilman Pate seconded by Councilman Link that the reading of Resolution No. 78-87 be waived and that it be adopted changing the street names' recommended. RESOLUTION NO. 78-87 ~ RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY RENAMING MILIAS DRIVE AND AYER COURT "AYER DRIVE", RENAMING HERSMAN COURT AND STEWART COURT "STEWART DRIVE", NAMING A NEW STREET "HERSMAN DRIVE" AND DEFINING THE TERMINI OF MURRAY AVENUE AND CHESTNUT STREET. PASSED AND ADOPTED this 6th day of November, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE STOUT AND GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE NOES: ABSENT: - 4154 Underground Director of Public Works-City Engineer Hansen reported on Utility Dist.the street Lighting within the Underground Utility District. Motion was made by Councilman Pate seconded by Councilman stout and carried that the conversion recommended be authorized in the amount of $1200 provided for in Account 02-210-3100-302001 (Wren and First street Signals). It was noted that this will replace the overhead lighting system along the south street between Miller Avenue and westwood Drive (except adjacent to the future commercial development on the Filice Estate Vineyards Property). .... - street Lighting Director of Public Works-City Engineer Hansen presented and explained a report on Pacific Gas & Electric's Progra~ to convert utility-owned street lights to high pressure sodium vapor. ... -- Urban Service A report of Planning Director Dorn was noted requesting a Area resolution regarding Urban service Area inclusions. Res. 78-88 & 78-89 Motion was made by Councilman Pate seconded by Councilman Link that the reading of Resolution No. 78-88 be waived and that it be adopted including certain territories of the City in the Urban Service Area previously approved by Council motion October 23, 1978, with the addition of application #L4 property of Ernest S. Filice. RESOLUTION NO. 78-88 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY MODIFYING THE URBAN SERVICE AREA WITHIN THE CITY OF GILROY. PASSED AND ADOPTED this 6th day of November, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, AND GOODRICH HUGHAN NONE LINK, PATE, STOUT NOES: AB SENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Motion was made by Councilman Pate seconded by Councilman Link that the reading of Resolution No. 78-89 be waived and that it be adopted requesting LAFCO to include certain territories outside the City in the Urban Service Area also previously approved by Council motion October 23, 1978. ..... ....... RESOLUTION NO. 78-89 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY RECOMMENDING MODIFICATION OF THE URBAN SERVICE AREA OF THE CITY OF GILROY WITHIN THE COUNTY OF SANTA CLARA. PASSED AND ADOPTED this 6th day of November, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, AND GOODRICH HUGHAN NONE LINK, PATE, STOUT NOES: ABSENT: COUNC IL MEMBERS: COUNCIL MEMBERS: Interim Growth Councilwoman Hughan presented and explained a recommendation Management for an amendment to the Interim Growth Management Policy. Motion Policy was made by Councilman Pate seconded by Councilman Link and carried that the amendment to the Interim Growth Management Policy, speci- fically, adding Item 6. c to said policy as follows: "All residentially zoned parcels of less than 1.25 acres within the central area of Gilroy may be developed up to the maximum density allowable in ac- cord with the residential zoning in effect on December 5, 1977. (For this policy, the central area of Gilroy shall be defined as that area bounded: 1) on the north by Leavesley Road and Welburn Avenue; 2. on the west by Wayland Lane and Princevalle Street; 3. on the south by Thomas Road and Luchessa Avenue; and 4. on the east by the South Valley Freeway) be adopted as recommended. - - Utility Billing The Mayor recommended that qualified Senior Citizens pre- sently receiving a discount on their water billing be given water and sewer services without charge. It was noted that the garbage billing would remain. Motion was made by Councilman Cunningham seconded by Councilman Link and carried that qualified Senior Citizens be given water and sewer services without charge as recommended. ... ... " 4155 Auction Purchasing Agent Reinsch reported that the City collected $5,604.00 at the recent auction of su~plus property November 4, 1978. Sewer Adv. Connnittee City Administrator Wood reminded the Sewer Advisory Connnittee of its meeting November 8, 1978, at 8:00 p.m. Adjournment At 10:54 p.m., the Mayor adjourned the meeting to a closed Executive Session regarding the hearing on the termination of Mr. Ray Salgado, following a ten (10) minute recess. Closed Hearing- At 11:00 p.m., the Mayor called the Closed Hearing to order. R. Salgado At 11:29 p.m., the Mayor reconvened the meeting, continued the Closed Hearing to the next regular Council Meeting of November 20, 1978, and further adjourned. Respectfully submitted, fl~~er~ .d~