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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 .-..... >,- ....,~._..'"'._i.....~ ,..~" ..,1>.. ,.k. ~~._.."-.., < ,'. .,c..'......... .~4t"^.....~_.h."... .."'.,.... ....' N" " _", -. -C" '~'.,,, .~._., ~..... ... ......."...,:;.".'",...,;, ...... .. ~,~..,..,. ~.,~...,-",. "..'-.._.' ......_ " ,,;,- dO>' '., 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 ....._-illll 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; ~, Approved the Minutes of the Special Council Meeting of March 26, 1979; -- 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, ~ 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. - ( 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. t;;8~ I."""'" League of Calif. Cities LAZZCO. Inc. Tent. Map - - 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 ..~ - Gavilan Spec. Olympics i:. . 1 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. -- -- 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. .- - 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. ..... Historical Bldgs. An informational report on the advantages and restrictions of the Historical Building designation was noted. .... 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. ... ... j l ~ 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 '.... Animal Control Ord. P & R Comm. Gonzales, Retire. ~"~ 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 t-.:!~ .... - 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-