Minutes 1979/03/26
I
Roll Call
Court Consoli-
dation
4201
March 26, 1979
Gilroy, California
The Special Meeting of the Gilroy City Council was called to order
by His Honor Mayor Norman B. Goodrich at 4:33 p.m.
Present: Council Members: William E. Childers, Brian D. Cunningham,
Roberta Hr Hughan, Marion T. Link, David V. stout and Norman B. Goodrich.
Absent: Council Member: John E. Pate.
The Mayor stated that he called this Special Meeting of the City
Council for the purpose of discussing the Court Consolidation Issue of
Santa Clara County.
He presented and read a letter from the Gilroy/Morgan Hill Bar
Association requesting that the City join with their association and the
City of Morgan Hill for a maximum expense of $500.00, excluding attorney
fees, as a Party Plaintiff to a suit against the Board of Supervisors on
the Court Consolidation proposal. It was noted that the City of Morgan
Hill and the Bar Association would contribute an equal amount up to $500
each in said suit.
Mr. Steve Millich, attorney and President of the Gilroy/Morgan Hill
Bar Association, addressed the Council and further explained the request.
Councilman Cunningham noted that there was no conflict of interest
involved with him on the matter nor with the firm that he is associated
with.
Discussion was had on the legal grounds and cause of action for
said suit.
Motion was made by Councilman Stout seconded by Councilman Cunningham
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4202
Adjournment
Roll Call
Consent
Calendar
Minutes
Claim-G.C.
Esparza
Res. #79-26 re:
Water Service
Fees
Imp. Tracts
5847 & 6286
DeL Dev. Agree.
and carried that a maximum of $500.00 be authorized for the City of
Gilroy to join as a Party Plaintiff in the suit against the Board
of Supervisors on the Court Consolidation matter.
At 4:41 p.m., the Mayor adjourned the meeting.
Respectfully submitted,
A U414f!JI~?- ~~
/ Ci ty Cle<fK
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April 2, 1979
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.
Cunningham, Roberta H. Hughan, Marion T. Link, John E. Pate, Daivd
V. Stout and Norman B. Goodrich.
Motion was made by Councilman Pate seconded by Councilman Link
that the following items under the Consent Calendar, excluding Item
"C" regarding the Deferred Development Agreement with Thomas Ruis, et
aI, be adopted by the following Roll Call Vote: Ayes: Council Mem-
bers: Childers, Cunningham, Hugh an , Link, Pate, stout and Goodrich.
Approved the Minutes of the Regular Council Meeting of March
19, 1979;
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Approved the Minutes of the Special Council Meeting of March
26, 1979;
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Denied an injury claim of Mr. G. C. Esparza;
Adopted Resolution No. 79-26 amending Water Service Connection
Charge s .
RESOLUTION NO. 79-26
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AMENDING CHARGES FOR
RECONNECTION OF WATER SERVICES UNDER SECTIONS 27.37 AND 27.38 OF THE
GILROY CITY CODE.
PASSED AND ADOPTED this 2nd day of April, 1979, by the following vote:
AYES: COUNCIL MEMBERS: CHIDDERS, CUNNINGHAM, HUGHAN, LINK, PATE,
STOUT AND GOODRICH
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE;
NOES:
ABSENT:
Approved acceptance of Improvement Tracts #5847 (Hidden Glen
No.4) and 6286 (Castlewood No. 11).
Discussed the Deferred Development Agreement with Thomas Ruiz,
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T.Ruiz, et al et al. Motion was made by Councilman stout seconded by Councilman
Childers and carried that the Deferred Development Agreement with
Thomas Ruiz, et aI, be approved subject to the condition that prior
to development of the property, the two (2) present buildings shall
be removed. Councilman Cunningham voted "no" on the motion.
..
The Mayor tabled presentation on Gavilan Special Olympics to
await Gayle Matsuura's presence, noting that she is giving said
presentation to the City of Hollister. __
The Mayor asked if there was anyone present in the audience
wishing to discuss any matter not on the agenda.
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4203
Mr. Hiram Miller, addressed the Council and introduced the new
Secretary-Manager of the Gilroy Chamber of Commerce, Mr. Paul Marshall.
So. Valley Coun- City Administrator Wood noted that the South Valley Counseling
seling Ctr. Center, Inc., has withdrawn their appeal for a use permit denial.
Foremost-Gentry A request from Foremost-Gentry Corp. was noted for an interim
Septic Tank System use for expansion of the plant. Councilwoman Hughan
noted that she would not be entering into the discussion or vote on said
matter due to an interest in said proposal.
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League of
Calif.
Cities
LAZZCO. Inc.
Tent. Map
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Local #679 re:
Cannery Pkg.
Personnel Com.
Report
Police Officer
Probationary
Period
Mr. Mario De Solar, Foremost-Gentry Engineer, addressed the Council
and further explained the proposal.
Motion was made by Councilman stout seconded by Councilman Link
and carried that the Request for temporary use of a Septic Tank system
at Foremost-Gentry be approved and use of same be allowed until completion
of the expansion project, noting that they would have to tie into the
sewer line at that time, and further conditioned upon Foremost-Gentry
granting a storm drain easement if needed for any future development.
Council supported the League of California Cities' position on the
Legislative Bulletin dated March 23, 1979.
A letter from Lazzco, Inc., was noted in regard to an eighteen (18)
acre parcel north of Las Animas Park. Discussion was had on the matter.
Motion was made by Councilman Link seconded by Councilman Stout
and carried that Lazzco, Inc. be allowed to file an application with the
Planning Department for a Tentative Map for Rl development to be presented
to the Planning Commission for consideration noting that a build-out
schedule for same could not be considered until 1980. Council Members
Hughan and Pate voted "no" on the motion.
A letter from Local No. 679 in regard to cannery parking was noted.
City Administrator Wood noted that Mr. Avila, President of said organiza-
tion requested that said matter be continued to the April 16, 1979,
regular Council Meeting. Council concurred.
The following informational item was noted with no separate dis-
cussion on same:
Letter from Supervisor McCorquodale in re: to recent meeting with
Speaker McCarthy.
The Report of the Personnel Commission Meeting of March 27, 1979,
was noted.
Motion was made by Councilman Link ~ec~nded by Councilman Childers
and carried that the Police Office1K.~fo~ati8nary period be extended an
additional six (6) months as recommended. Councilman Cunningham voted
"no" on the motion.
P & R Minutes The Parks and Recreation Commission Minutes of the Meeting of
March 27, 1979, and the Minutes of the Senior Citizens; Advisory Council
_.. Meeting of February 20, 1979, were noted.
... Uvas Pk. Preserve Council authorized Staff to pursue the concept plan of Uvas Park
Preserve as displayed on the bulletin board.
Rec. Fees
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Gavilan Spec.
Olympics
i:.
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Discussion was had and further explained by Parks and Recreation
Director Ayer on Council's previous action of recreational activity fees
approving same noting different fees established for non-residents of the
City of Gilroy. Council requested that further study be given same and
report to Council at the next regular Council meeting.
Ms. Gayle Matsuura, Parks and Recreation Department, arrived and
gave a presentation regarding the Gavilan Special Olympics and invited
all Council Members to said event on April 21, 1979.
4204
Lib. & Cult. Com. The Minutes of the Library & Culture Commission Meeting of
Minutes March 6, 1979, were noted.
Monthly
Reports
Disbursements
Meet & Confer
Consultant
Uvas Pk. Rd.
Sister City
Emmissary
..""
The Summary of Monthly Reports of February, 1979, was noted.
The Report of Disbursements from March 1, 1979, through March
31, 1979, was noted and discussed.
City Administrator Wood recommended engaging the services of
Mr. Ed Reith as Meet and Confer Consultant. Motion was made by
Councilman Stout seconded by Councilman Link and carried that Mr.
Ed Reith be hired as Meet and Confer Consultant as recommended.
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A report on the beautification of Uvas Park Road was noted.
Discussion was had in regard to projects scheduled for CETA employees.
The Mayor deviated from the regular agenda in order to intro-
duce Ms. Shigeko Irokawa, Emmissary of the Mayor of the City of
Kodama, Japan, and presented here with informational brochures of the
City to present same to the Mayor of the City of Kodama. The Mayor
noted that he also presented Ms. Irokawa with a Proclamation from
the City at the Kiwanis Meeting this evening.
HCD Grant Budget
Transfer(Sewer and
Interceptor) HCD
Motion was made by Councilman Link seconded by Councilman Pate
carried that a public hearing be set on a proposed transfer of
funds to the sewer interceptor project as recommended.
Res. #79-27 re: City Administrator Wood presented a request for filing an
Trans. Dev. application for Transportation Development Act Grant Monies under
Act Funds Section 4.5 in the amount of $13,500.00.
Motion was made by Councilman stout seconded by Councilman
Link that the reading of Resolution No. 79-27 authorizing the filing
of an application for Transportation Development Act Grant Monies be
waived and that it be adopted.
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RESOLUTION NO. 79-27
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING THE
FILING OF AN APPLICATION WITH THE METROPOLITAN TRANSPORTATION COMMIS-
SION FOR ALLOCATION OF TRANSPORTATION DEVELOPMENT ACT FUNDS FOR FISCAL
YEAR 1979-80.
PASSED AND ADOPTED this 2nd day of April, 1979, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE,
STOUT and GOODRICH
COUNC IL MEMBERS: NONE
COUNCIL MEMBERS: NONE
NOES:
ABSENT:
Truancy Grant City Administrator Wood presented and recommended authorization
to execute a contract for an evaluator for a Truancy Grant. Motion
was made by Councilman stout seconded by Councilman Link and carried
that the contract for an Evaluator for a Truancy Grant as presented be
executed and that the City Administrator be authorized to determine
if mutual participation can be obtained.
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Historical Bldgs. An informational report on the advantages and restrictions of
the Historical Building designation was noted.
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Muni. Fire Alarm Motion was made by Councilman Childers seconded by Councilman
Boxes Link and carried that use of the municipal fire alarm boxes be dis-
continued as recommended.
Growth Manage.
Ordinance
Discussion was had on the proposed Residential Development
Ordinance submitted by the Growth Management Advisory Committee at
the March 19, 1979, Council Meeting and further explained by Council-
woman Hughan and Planning Director Dorn. Council set April 12, 1979,
at 2:00 p.m. for a Study Session of the Council to further study same.
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Burglar Alarm
Ord.
4205
City Administrator Wood recommended that introduction of the
proposed Burglar Alarm Ordinance be tabled for thirty (30) days.
Jt. Powers Agree. Councilman Stout reported on the Joint Powers Agreement agreed
M.H. upon by the City of Morgan Hill. Motion was made by Councilman Childers
seconded by Councilwoman Hughan that the Gilroy-Morgan Hill Joint Powers
Agreement be approved as recommended.
ifiP.'i~
Change Order
Process-Sewer
Treat. Plant
Project
Sidewalk/Street
Tree Maint.
Policy
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Animal Control
Ord.
P & R Comm.
Gonzales,
Retire.
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Motion was made by Councilman Childers seconded by Councilwoman
Hughan and carried that the recommended change order process for the
Sewer Treatment Plant Project be approved as submitted.
Councilwoman Hughan, Chairman of the Council Advisory Committee
for Sidewalk/Street Tree Maintenance Policy, recommended that the Mayor
appoint a Commissioner from the Parks and Recreation artd Planning Commis-
sions and the Architectural and Site Control Advisory Committee to said
Maintenance Policy Advisory Committee. The Mayor appointed Parks and
Recreation Commissioner Sanchez, Planning Commissioner Edde and Elaine
Long, Architectural and site Control Committee as members to same as
recommended.
Councilman Childers inquired of
ment of the Animal Control Ordinance.
City Attorney are investigating same.
the County of Santa Clara enforce-
The Mayor noted that he and the
The Mayor presented and read a letter from Parks and Recreation
Commissioner Frank Gonzales resigning from said Commission. Motion was
made by Councilman stout seconded by Councilman Link and carried that
Commissioner Gonzalps' resignation be accepted with regrets. The Mayor
ntoed that the appointment for Commissioner Gonzales' replacement would
be at the next regular Council Meeting.
Agree. re: Sewer City Administrator Wood presented a Right-of-Entry and Agreement
Interceptor in regard to property of Lawyers' Title Company needed to begin construc-
-- Line tion of the Sewer Interceptor Line Project. Motion was made by Councilman
stout seconded by Councilman Childers and carried that the agreement with
Larry Benassi in the amount of $5,504.00 and the Right-of-Entry, subject
to continued negotiations, be approved as recommended.
Sewer Treat.
Plant Proj.
Bid
Prop. 13 Tax
Relief
Adjournment
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City Administrator Wood presented a request of Valley Crest
Landscape, Inc. for a hearing on the matter of the Contractor, Dan
Caputo Company, to change the landscape subcontractor for the Sewer
Treatment Plant Project to Hollroch Development, Inc., of Fresno.
Motion was made by Councilman Pate seconded by Councilman Link
and carried that said hearing be set for April 16, 1979, to hear said
protest.
City Administrator Wood reported receipt of $42,884.26 from the
State of California in regard to Proposition 13 Tax Relief.
At 10:16 p.m., the Mayor adjourned the meeting.
Respectfully submitted,
dZu-J~. J~
~ City Clerk ---------vi-