Minutes 1979/03/05
4189
March 5, 1979
Gilroy, California 95020
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, Roberta H.
Hughan, Marion T. Link, John E. Pate, David V. Stout and Norman B.
Goodrich; Absent: Council Member: Brian D. Cunningham.
Intro.new The Mayor introduced new employee David Tesh, Park Ranger.
Emp.-D.Tesh
Consent Motion was made by Councilman Pate seconded by Councilman Link
Calendar that the following items under the Consent Calendar be adopted by the
fOllowing Roll Call Vote: Ayes: Council Members: Childers, Hughan, Link,
Pate, Stout and Goodrich; Absent: Council Member: Cunningham.
Minutes Approved the Minutes of the Regular Council Meeting of February
20, 1979;
Ord.#79-8 re: Adopted Ordinance No. 79-8 Rezoning Property located at the
Rezoning- southeast corner of Leavesley Road and Murray Avenue on approximately
Leavesley 0.7 acres from M2 (General Industrial) to HC (Highway Commercial) Dist.;
& Murray
ORDINANCE NO. 79 - 8
ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID
CITY BY REZONING A 0.7 ACRE PARCEL ON THE SOUTHEAST CORNER OF LEAVESLEY
ROAD AND MURRAY AVENUE FROM M2 (GENERAL INDUSTRIAL) DISTRICT TO HC
(HIGHWAY COMMERCIAL) DISTRICT.
PASSED AND ADOPTED this 5th day of March, 1979, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, HUGHAN, LINK, PATE, STOUT and
GOODRICH.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBER: CUNNINGHAM;
Res.#79-10 re: Adopted Resolution No. 79-10 Renaming London Place in Aracdia
St. Name Subdivision, Tract 6254, "Devon Place";
Change
RESOLUTION NO. 79 - 10
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY RENAMING LONDON PLACE
"DEVON PLACE".
PASSED AND ADOPTED this 5th
AYES: COUNCIL MEMBERS:
NOES:
ABSENT:
COUNCIL MEMBER:
COUNCIL MEMBER:
day of March, 1979, by the following vote:
CHILDERS, HUGHAN, LINK, PATE, STOUT and
GOODRICH.
None
CUNNINGHAM:
Res.#79-11 re: Adopted Resolution No. 79-11 Vacating the southerly 170 feet
Alley Aban-of the Riblic Alley from First Street to Second and
Eigleberry Streets;
donment and
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RESOLUTION NO. 79 - 11
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ORDERING VACATION
OF THE SOUTHERLY 170 FEET OF THE PUBLIC ALLEY FROM FIRST STREET TO
SECOND AND EIGLEBERRY STREETS, RESERVING TO THE CITY EASEMENTS FOR
ALL PUBLIC FACILITIES.
PASSED AND ADOPTED this 5th day of March, 1979, by the following
vote:
AYES:
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COUNCIL MEMBERS:
CHILDERS, HUGHAN, LINK, PATE, STOUT and
GOODRICH.
None
CUNNINGHAM;
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NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Def.Dev.Agree.- Approved a Deferred Development Agreement with South Valley
So. Valley Plaza Company, (Malcolm R. Riley).
Plaza Co.
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Bids re:
5th St.
Fire Sta.
The Mayor stated that this was the time and place scheduled
for the Bid opening on sale of the fire station building at 55 Fifth
Street. City Administrator Wood noted the correction dated February
21, 1979 in the Public Notice advertising the sale of said building.
Mr. Edward Lazzarini inquired of the procedure by the City
in receiving verbal offers for said property.
The City Clerk opened and read the following bids: 1) Gold
Seal Properties, Inc., San Jose $50,127.00 cash offer; 2) Lazzco, Inc.
Morgan Hill $66,050.00 with terms for installment payments; 3) Verlyn &
Fern Fellman and Griswold, San Jose - $67,500.00 with terms for install-
ment payments; 4) Lohrey Enterprises, Gilroy $65,500.00 with terms for
installment payments; 5) Betty Van Dyke, Gilroy - $66,000.00 cash; 6)
De Bell Homes, Gilroy $65,200.00 with terms for installment payments;
7) Jeanne K. Filice, Gilroy - $65,000.00 with terms for installment pay-
ments.
It was determined that the highest cash bid was from Betty
Van Dyke, Gilroy in the amount of $66,000.00. The Mayor called for
verbal offers for 5% over the highest cash bid~ Dennis DeBell bid
$69,300.00; Mr. Williams of Gold Seal Properties, Inc., San Jose bid
$72,500.00 and corrected same to $72,765.00; Betty Van Dyke bid
$76,403.00; Gold Seal Properties bid $85,000.00 cash; Verlyn & Fern
Fellman and Mr. Oscar Griswold bid $90,000.00 to include terms of 10%
interest, $25,000.00 down payment, balance payable in five (5) years
with annual installments.
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Motion was made by Councilman Pate seconded by Councilman
Link that the cash offer bid of Gold Seal Properties in the amount of
$85,000.00 be accepted pending satisfactory bid with 10% of the bid
payable this evening. Councilwoman Hughan voted IInoll on the motion.
Motion carried.
Glu-Lam Beam A report on bids received for Glu-Lam Beam Repair at the
Repair- Chestnut Street Fire Station was noted. Motion was made by Councilman
Fire Sta. Link seconded by Councilman Pate and carried that the bid of Jack
(Chestnut Ehrich in the amount of $5,158.00 be awarded as recommended.
St. )
Pub.Hear.re: The Mayor stated that it was the time and place scheduled
rezoning- for a Public Hearing on a rezoning request of Filice Estate Vineyards
Filice Est.for 10.75 acres located on the east side of Wren Avenue, between First
Vineyards and Third Streets.
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Planning Director Dorn presented and explained the Staff
Report regarding said proposal.
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Mr. Randy Hall, Developer representing the doctors further
explained the proposed plans for the said rezoning.
Mr. Doug Dahlin, A.I.A. for the project addressed the
Council and further explained the proposed plans for said rezoning.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the matter.
Mr. Don Redenbaugh, 1000 Ortega Circle, addressed the Council
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4191
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and presented a Petition containing 190 signatures of local citizens op-
posing the 5.7 acres zoning from Montebello Drive southerly to approxi-
mately Third Street and noted no opposition to rezoning of the northerly
five (5) acres.
Mr. Steve Wheeler, 960 Ortega Circle addressed the Council and
further explained opposition to said rezoning, specifically opposed to
alleged spot zoning.
The City Attorney noted that PO Zoning is designed to be com-
patible in an R1 Zone.
The Mayor asked if there was anyone further in the audience
that wished to speak on the matter.
Mr. Darrell Shuck, Terra Sol Ltd., addressed the Council and
further explained the traffic pattern proposal for said project.
The Mayor asked if there was anyone further in the audience that
wished to speak on the matter. There was no comment from anyone in the
audience.
Motion was made by Councilman Link seconded by Councilman Pate
and carried that the Public Hearing be closed.
Discussion was had on the rezoning matter by Council.
Res.#79-12 Motion was made by Councilman Link seconded by Councilwoman Hughan
that the reading of Resolution No. 79-12 be waived and that it be ~dopted
approving the rezoning request with conditions as recommended by the
Planning Commission to include completion of Wren Avenue (curbs, gutter and
street improvements) to Third Street and inclusion of a second access to
the property until both proposed projects are completed. Councilman Stout
voted "no" on the motion.
RESOLUTION NO. 79 - 12
RESOLUTION OF THE CITY OF GILROY APPROVING A PO PLANNED UNIT DEVELOPMENT
PERMIT, SUBJECT TO COMPLIANCE WITH THE PLANS, SPECIFICATIONS AND DESIGNS
FILED WITH THE APPLICATION AND TO BE FILED AND APPROVED, AND THE CONDITIONS
IMPOSED HEREIN, FOR DEVELOPMENT OF THAT 10.7 ACRE PARCEL LOCATED ON THE
EAST SIDE OF WREN AVENUE OPPOSITE MONTEBELLO DRIVE.
PASSED AND ADOPTED this 5th day of March, 1979, by the fOllowing vote:
AYES: COUNCIL MEMBERS: CHILDERS, HUGHAN, LINK, PATE and GOODRICH.
NOES: COUNCIL MEMBER: STOUT
ABSENT: COUNCIL MEMBER: CUNNINGHAM.
Recess
The Mayor declared a recess at 9:39 p.m. and reconvened the
meeting at 9:44 p.m.
HCD Budget The Mayor stated that it was the time and olace scheduled for a
Hearing Public Hearing on a proposed amendment to the City's Housing and Community
Development (HCD) Program.
HCD Grant Coordinator McGowan presented and explained the Staff
Report on same, noting said proposed amendment to be for the landscaping
at San Ysidro Park in the amount of $3,049.00.
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 Pate seconded by Councilman Childers
and carried that the Public Hearing be closed.
Motion was made by Councilman Pate seconded by Councilwoman Hughan
and not carried by the following Roll Call Vote to approve said amendment.
Ayes; Council Members: Hughan, Pate and Goodrich; Noes: Council Members:
Childers, Link and Stout; Absent: Council Member: Cunningham.
Motion was made by Councilman Link seconded by Councilman Pate
and carried that the Public Hearing be reopened and continued to the next
regular Council Meeting of March 19, 1979.
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4192
Municipal Crt. A letter from the Barrister's Clu~ of Santa Clara County in re: to
Consolida-Consolidation of Municipal Courts was noted, same reagendized from February
tion 20, 1979 Council Meeting requested by the Barrister's Club. There was no
one present in the audience representing the Barrister's Club.
~...
Mr. Steve Mellich, Attorney addressed the Council, representing the
Gilroy-Morgan Hill Bar Association noting that said association has request-
ed exclusion of the Gilroy-Morgan Hill District from the proposed consolida-
tion and urged Council to attend the March 13, 1979 Board of Supervisor's
Hearing at 9:30 a.m.
Motion was made by Councilman Childers seconded by Councilman Stout
and carried that the Mayor be authorized to notify each individual supervisor
in Santa Clara County that the City requests exdlusion of the Gilroy-Morgan
Hill District from the proposed consolidation.
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GPOA-Circus A letter from the Gilroy Police Officers' Association was noted re-
questing to change a previously approved Circus Permit date. Motion was
made by Councilman Pate seconded by Councilman Link and carried that the
change requested be granted.
Gen.Plan A request for a 45 day contract extension with Duncan & Jones in
regard to the General Plan Revision was noted. Motion was made by Councilman
Pate seconded by Councilman Link and carried that the 45 day contract extension
be approved as requested.
Councilwoman Hughan noted that she is the Council representative on
the General Plan Advisory Committee and that there is a confllct of meeting
dates since said General Plan Meetings have been scheduled on the same dates
as the County Transportation Commission meetings. The Mayor did not appoint
an alternate for said Advisory Committee, however Councilman Pate noted that
he would fill-in as Alternate for Councilwoman Hughan.
Bd.Supervisors A letter from the Board of Supervisors was noted in regard to City
Responses by Staff.
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Downtown
Parking
A letter from the Wells Fargo Bank, Trust Department was noted in
regard to H. S. Hersman property. Council noted their interest in the pro-
perty and requested that the City Administrator determine what the downtown
merchants intend to contribute toward the parking lot proposal prior to the
City submitting a proposal to Wells Fargo Bank for said property.
So. Co. Coal ition A letter from Mr. Tom S. Castle was noted in regard to forming a
South County Coalition. Council took no action on same at this time.
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Plan. Com.
3-1-79 noted.
The Report of the Planning Commission Meeting of March 1, 1979 was
Filbro Dev. The Mayor presented a letter from Filbro Development Company appeal-
Co~Rezon. ing the decision of the Planning Commission denying their rezoning request.
Motion was made by Councilman Pate seconded by Councilman Link and
carried that a Public Hearing date on said appeal be set for March 19, 1979.
P.& R. Com. The Minutes of the Parks and Recreation Commission Meeting of Feb-
2-27-79 ruary 27, 1979 and the Minutes of the Senior Citizens' Advisory Council
Meeting of January 16, 1979 were noted.
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personnel Com. The Report of the Personnel Commission Meeting of February 27,
2-27-79 1979 was noted.
Lib.& Cult. Com. The Minutes of the Library and Culture Commission Meeting of Feb-
2-6-79 ruary 6, 1979 were noted.
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Monthly Reports
The Summary of Monthly Reports of January 1979 was noted.
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4193
Disbursements The Report of Disbursements from February 1, 1979 through
February 28, 1979 was noted.
'jlllilit'''i,,~'4i
A request for Council authorization to pay reclaimed water
Reclaimed charges for the Golf Course was noted. Motion was made by Councilman
Water Golf Pate seconded by Councilman Link and carried that reclaimed water
Course charges for the Golf Course be aooroved for this year and that a Budqet
Amendment for same be authorized.
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Burglar Alarm A report on a proposed Burglar Alarm Ordinance was noted and
Ord. further explained by Police Chief Laizure. Discussion was had. Motion
was made by Councilman Pate seconded by Councilman Link and carried
that Staff prepare a condensed ordinance for introduction at the
April 2, 1979 regular Council Meeting, since the City Attorney requested
to be excused from the March 19, 1979 Council Meeting.
Court Consoli- The Police Chief's critique on court consolidation was noted
dation as informational.
Res.#79-13 Motion was made by Councilman Stout seconded by Councilman
Pate that the reading of Resolution No. 79-13 be waived authorizing
the filing of an application for a certificate of consent to self insure
for Workers' Compensation Insurance and that it be adopted.
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RESOLUTION NO. 79-13
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING THE
FILING OF AN APPLICATION FOR A CERTIFICATE OF CONSENT TO SELF-INSURE
THE PAYMENT OF WORKERS' COMPENSATION AS PROVIDED BY SECTION 3700,
LABOR CODE OF CALIFORNIA.
PASSED AND ADOPTED this 5th day of March, 1979, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, HUGHAN, LINK, PATE, STOUT and
GOODRICH.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: CUNNINGHAM.
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Res.#79-14 Motion was made by Councilman Pate seconded by Councilman
Childers that the reading of Resolution No. 79-14 be waived setting a
hearing date of March 19, 1979 at 8:00 p.m. and subsequent authoriza-
tion to file actions in Eminent Domain for the New Sewer Interceptor
Project.
RESOLUTION NO. 79 - 14
RESOLUTION OF INTENTION TO ADOPT A RESOLUTION DETERMINING THAT PUBLIC
INTEREST AND NECESSITY REQUIRE ACQUISITION OF PROPERTIES FOR PUBLIC
PURPOSES AND AUTHORIZING EMINENT DOMAIN PROCEEDINGS.
PASSED AND ADOPTED this 5th day of March, 1979, by the fOllowing vote:
AYES: COUNCIL MEMBERS: CHILDERS, HUGHAN, LINK, PATE, STOUT and
GOODRICH.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: CUNNINGHAM.
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Res.#79-15 Director of Public Works-City Engineer Hansen presented a
request for authorization to file an application for Grant Funds for
the new City Hall construction project. Motion was made by Councilman
Childers seconded by Councilman Pate that the reading of Resolution No.
79-15 be waived and that it be adopted authorizing filing of said ap-
plication.
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RESOLUTION NO. 79 - 15
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING THE
FILING OF AN APPLICATION FOR GRANT ASSISTANCE FOR THE CITY HALL
CONSTRUCTION PROJECT.
PASSED AND ADOPTED this 5th day of March, 1979, by the followinq vote:
AYES: COUNCIL MEMBERS: CHILDERS, HUGHAN, LINK, PATE, STOUT and
GOODRICH.
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4194
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NOES:
ABSENT:
COUNCIL MEMBERS: None
COUNCJL MEMBERS: CUNNINGHAM.
We 11 #6
Project
Director of Public Works-City Engineer Hansen requested authori-
zation to Chappell Pump to proceed with the purchase of certain items of
equipment for Well #6 Project, noting a 10% increase in the cost for
materials for said project.
Motion was made by Councilman Link seconded by Councilman Pate
and carried that Chappell Pump be authorized to proceed to purchase certain
items of equipment for Well #6 Project as recommended.
Sewer Agree- Councilman Stout reported that the Sewer Advisory Committee
ment recommends authorization for approval of the Revenue Funding portion of
the Revenue Study Services contract provided 87~% is grant fundable by
the State and Federal Governments and noting that the Committee is still
negotiating for the balance of the service contract.
Motion was made by Councilman Link seconded by Councilman Childers
and carried that the Revenue Funding portion of the Agreement be approved
provided same is grant fundable as recommended.
Growth Manage. Councilwoman Hughan noted that the proposed Growth Management
Plan Plan should be completed for Council review at the next regular Council
Meeting.
Sewer Adv.Com. City Administrator Wood noted the need for a Sewer Advisory Com-
mittee Meeting on March 8, 1979 with Harris & Associates tentatively sch-
eduled for 9:00 a.m.
General Plan
noted.
The General Plan Study Meeting of March 14, 1979 at 2:00 p.m.was
Adjournment
At 10:45 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
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