Minutes 1979/05/07
-
Roll Call
p;",."t
......
In tro. New
Employee
Consent
Calendar
Minutes
Rev. Sharing
Hearing
Res. #79-35
Abandoning
portion of
9th St.
,..... ",'Ill
~M
Pub.Hear. re:
EIR, Tent. Map
& Rezoning
(Barnett-
Range) Wood-
worth Prop.
pub. Hear. re:
Pre zoning-
T. Larkin
pub. Hear. re:
Rezoning-
....... Kawano
i
--
Pub. Hear. re:
Rezoning -
J. Duran
;l$"""~
4213
May 7, 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, David V. Stout and
Norman B. Goodrich.
The Mayor introduced new City Employee, David Gonzales, Garage
Assistant.
Motion was made by Councilman Cunningham seconded by Councilman
Link that the following items under the Consent Calendar be approved
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 April 16,
1979 ;
Noted the Minutes of the City Administrator's Public Hearing
regarding Staff's recommendation on the 1979-80 Revenue Sharing Funds;
re: Adopted Resolution No. 79-35 of Intention to Vacate a Portion
of Ninth Street, setting a public hearing of same for June 4, 1979;
RESOLUTION NO. 79-35
RESOLUTION OF INTENTION TO VACATE A PORTION OF NINTH STREET BETWEEN
RENZ LAND AND U. S. HIGHWAY 101, RESERVING TO THE CITY EASEMENTS FOR
PUBLIC FACILITIES.
PASSED AND ADOPTED this 7th day of May, 1979, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE,
STOUT and GOODRICH
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE;
NOES:
ABSENT:
Set May 21, 1979, as a public Hearing to review Draft EIR for
Certification, consider a Tentative Map to construct 89 single family
homes on 24.1 acres and rezoning same from Rl (Single Family Residence)
and HC (Highway Commercial) Districts to Rl PUD (single Family Residence
Planned Unit Development) District located on the west side of Monterey
Street approxima.tely 500 feet southeast of Farrell Avenue (Woodworth
Property), Barnett-Range Corp., applicant;
Set May 21, 1979, as a Public Hearing date on a Prezoning request
of Thomas A. Larkin from Al-40 (County Agricultural) Zone to M2 (General
Industrial) District for property located at the southwest corner of
Renz Lane and Ninth street, east of the South Valley Freeway, containing
approximately 1.656 acres;
set May 21, 1979, as a Public Hearing date on a rezoning request
of Tom H. and Grace C. Kat,vano from Rl to Cl PUD (Neighborhood Commercial
Planned Unit Development) and R3 PUD (Low-Density Multiple-Family Planned
Unit Development) Districts, located on the northwest corner of Kelton
Drive and First Street;
Set May 21, 1979, as a Public Hearing on a rezoning request of
James Duran from M2 (General Industrial) to C2 (General Commercial)
District, located on the northwest corner of Welburn Avenue and Church
Street.
Dev. Agree. re: Approved a Development Agreement with AMTEC Corp. (South County
AMTEC Corp. Development Associates) for Parcel A on Engle Way; and
-
Well #6
Authorized advertisement for bids for construction of Well No.6.
4214
Bids re: Uvas Pk. Noted a report and recommendation of bids received for Uvas
Dr. & lOth Park Drive and Tenth street Improvement Project 79-2 further
St. Imp. explained by Director of Public Works-City Engineer Hansen.
Proj. 79-2
...
Mrs. Joan Harrison, addressed the Council recommending that
the landscaping portion of the proposal not be deleted. ,._
Mrs. Elaine Long addressed the Council and further recommended
that the landscaping portion of the proposal not be deleted.
Motion was made by Councilman Stout seconded by Councilwoman
Hughan and carried that the bid be awarded to Granite Construction
for Schedules A and B, totalling $207,385.00, to include paving up ~
to wren Avenue, funds in excess of current budget to be borrowed
from the Capital Outlay Revolving Fund and provide for same in the __
1979-80 Budget. It was noted and agreed that landscaping will not
be eliminated from this project but same is not a portion of this bid.
pub. Hear. re:
.Sewer Farm
Properties
The Mayor stated that it was the time and place scheduled
for a public hearing on a proposal initiated by the Planning Co~
mission to prezone two (2) parcels of city-owned land containing
approximately 54.321 acres from A20 (County Agricultural) Zone to
M2 (General Industrial) District).
Planning Director Dorn presented and explained Staff's report
on same.
The Mayor asked if there was anyone in the audience wishing to
speak for or against 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.
Intro. Ord.
Motion was made by Councilman Pate seconded by Councilman
Cunningham and carried that an ordinance be introduced, the reading
waived, and that it be published by title and summary.
--
pub. Hear.
Lewis St.
Imp. Proj.
re: The Mayor stated that it was the time and place scheduled
for a public hearing on a report of the Director of Public Works of
cost of construction of Sidewalk and/or Curbs and Gutters for
properties located on the north and south sides of Lewis Street
between Chestnut Street and Rogers Lane.
-
Director of Public Works-City Engineer Hansen presented and
explained his report on same, recommending that the bid be awarded
to Piazza Construction Company in the amount of $126,962.55, noting
that an Assessment District would not be required as 100% of the
property owners have signed a letter agreement to pay their indivi-
dual share of the costs for said project.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the matter. There was no comment from
anyone in the audience.
Motion was made by Councilman Cunningham seconded by Council-
man Link and carried that the public hearing be closed.
Motion was made by Councilman Link seconded by Councilman
Childers and carried that the bid of Piazza Construction Company in
the amount of $126,962.55 for the Lewis Street Project be awarded
on the basis that 100% of the property owners have signed an agree-
ment with the City as presented.
--
-
The Mayor deviated from the regular agenda in order to accom-
modate interested persons in the audience.
Howson Prop.
Director of public Works-City Engineer Hansen presented and
explained a report and recommendation to establish conditions on a
division of land on the Howson Property.
.-..-
Councilwoman Hughan did not enter into the discussion nor
action on the matter due to her interest in said property.
.......
't
~'''"'
4215
Mr. George Garcia, Gravel Plant Operator, addressed the Council,
noting that the recommendation that the gravel plant operation not be
continued is unreasonable.
Mr. Ron Howson, property owner, addressed the Council noting
e~at he cannot sell the property if the gravel operation is not allowed
to continue and the request for a division of land for said property
would not be required.
Discussion was had on the matter. Motion was made by Councilman Pate
by C.Cunningham and carried that Staff be authorized to approve the application
for division of land on the Howson Property with the. condition that the
gravel plant operation at said location not be re-established.
-
--
Hydraulic
& Truck
....~...
Filice Est.
Vyds. re:
Tent. Map
No Build-
out
--
G. Wojahn re:
Temp. Trailer
Permit
Noise Ord.
Regulation-
M. Chappell
......
....
,~-..,..,.1>(l
Ground Water
Charges
-
Crane Director of Public Works-City Engineer Hansen presented a recom-
mendation to purchase budgeted hydraulic crane and truck from Hap Crane
in the amount of $25,533.00 and recommendation that the 1978-79 Budget
be amended in the amount of $3,554.00 to allow for said purchase.
Mr. Michael D. Forsythe, representing the second low bid for a
hydraulic crane and truck addressed the Council further explaining the
bid of his company.
Motion was made by Councilman Cunningham seconded by Councilman
Link and carried that the bid of Hap Crane in the amount of $25,533.00
for a hydraulic crane and truck be awarded and that the 1978-79 Budget
be amended in the amount of $3,554.00 to allow for said purchase~
The Mayor continued on with the regular agenda.
A letter from Filice Estate Vineyards previously denied at the
April 16, 1979, Regular Council Meeting was presented for further dis-
cussion.
Mr. John Filice, attorney representing Filice Estate Vineyards,
addressed the Council further explaining the request for an exception
to the Interim Growth Management Plan.
Motion was made by Councilman Link seconded by Councilman
Cunningham and failed by the following Roll Call Vote that Filice Estate
Vineyards be allowed to file a Tentative Map with the Planning Commission
wi th no build-out schedule. Ayes: Council Members: Cunningham, Link,
and Pate. Noes: Council Members: Childers, Hugh an , stout and Goodrich.
A request of Gary L. Wojahn, et ux, was presented for use of a
Temporary Construction Trailer on Mesa Road. Motion was made by
Councilman Childers seconded by Councilman Link and carried that the
request for use of a Temporary Construction Trailer on Mesa Road be
approved for a maximum of one (1) year, expiring May 7, 1980.
A letter from Mr. Martin N. Chappell was noted requesting adoption
of an ordinance regulating use of mechanical sweeping equipment on a
local business parking lot.
Mr. Chappell, addressed the Council and further explained the
request and problem of noise during the early hours of the day.
It was noted by City Administrator Wood that said matter could be
controlled through the City's ERME ELement of the General Plan. Council
requested that said matter be controlled through the ERME Element and
that the Operator of the mechanical equipment be notified of the City's
intent to enforce same.
Council also requested the City Attorney to present the proposed
Noise Ordinance to Council for further study on same.
A letter from the South Santa Clara County Water Conservation
District was noted for information in regard to Ground Water Charges.
Correct
Month
Posture A request from the California Chiropractic Association for a
proclamation proclaiming May 1979 as "Correct Posture Month" was noted.
Council had no objection to the Mayor proclaiming same.
4216
Gilroy Bonanza
Days
Rev. Sharing
Funds
J ohnson- Rose
Corp. Temp.
Trailer
Permit
Gilroy Foods
Temp. Trailer
Permit
Res. #79-36 -
Wm. Starrit
Hist. Bldg.
(Amos Robin-
son House)
IFDES Annual
Parade
A letter from Gilroy Bonanza Days' Committee was noted in
regard to a request for Parade Routes, Park use, etc. City Admini-
strator Wood noted that said request is basically the same as pre-
vious year, with one condition that the Committee be allowed to use
Christmas Hill Park on May 10, 1979, until 1:00 a.m. It was noted
by City Administrator Wood that ordinance requires all parks to be
closed by 11:00 p.m. Council also noted that, in prior years, the
Committee was not given exclusive use of Christmas Hill Park. Staff
noted that same was for exclusive use of the large barbecue area and
the amphitheatre only. Motion was made by Councilman Link seconded
by Councilwoman Hughan and carried that the Gilroy ,Bonanza Days'
Committee request for their Annual Bonanza Days for parade routes,
Christmas Hill Park use be approved with the condition that the Park
be closed at 11:00 p.m., rather than the 1:00 a.m. request and that
they not be given exclusive use of Christmas Hill Park.
...
.....
-
....
A request of the South County Housing Development Corp. for
Revenue Sharing funds was noted and referred to the Council Study
Sessions of the 1979-80 Budget.
A request from Johnson-Rose Corporation for use of a temporary
trailer permit for their sales office was noted. Motion was made by
Councilman Link seconded by Councilwoman Hughan and carried that the
request of Johnson-Rose Corporation for a temporary trailer permit
for their sales office for one (1) year be approved expiring May 7,
1980.
A letter from Gilroy Foods, Inc. was noted requesting a
temporary permit for the use of two (2) existing trailer offices.
Motion was made by Councilman Childers seconded by Councilman Link
and carried that Gilroy Foods, Inc. be granted a temporary permit
for use of two (2) existing trailer offices for one (1) year, ex-
piring May 7, 1980.
--
A request from Mr. William Starritt was noted for an historical
designation of the building at the corner of Fifth and Eigleberry
Street. Motion was made by Councilwoman Hughan seconded by Council-
man stout that the reading of Resolution No. 79-36 be waived and that
it be adopted designating the building at the southwest corner of
Fifth and Eigleberry Streets as an historical building.
~
RESOLUTION NO. 79-36
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DECLARING THE AMOS
ROBINSON HOUSE A HISTORICAL BUILDING.
PASSED AND ADOPTED this 7th day of May, 1979, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE,
STOUT and GOODRICH
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
NOES:
ABSENT:
A letter from I.F.D.E.S. Portuguese Society was noted requesting
their annual parade permit for May 20, 1979. Motion was made by
Councilman Pate seconded by Councilman Link and carried that the
parade permit for the I.F.D.E.S. parade on May 20, 1979, be granted.
Federal Grants A letter from the International Systems, Inc., for their
proposal on Federal Grant Assistance was noted and filed for future
reference.
Underground
Storage-
Gasoline
Tanks
....
.........
A letter from Charles Wear, et ux, was noted requesting
permission to install an underground gasoline storage tank.
Director of Public Works-City Engineer Hansen reported that
the applicant had withdrawn his request.
.....
Director of Public Works-City Engineer Hansen recommended
that the City adopt an emergency ordinance prhibiting use of under-
ground gasoline storage tanks in residential areas.
......
~..,...,....
-"'.;""
Ord. #79-9 re:
Underground
storage Gaso-
line Tanks
-
4217
Fire Chief Brittain addressed the Council and further explained
same.
Motion was made by Councilman Pate seconded by Councilman Stout
that the reading of Emergency Ordinance No. 79-9 be waived and that it
be adopted prohibiting underground storage of inflammable liquids in
all residential areas.
ORDINANCE NO. 79-9
AN ORDINANCE OF THE CITY OF GILROY ENACTING SECTION 16.33 OF THE GILROY
CITY CODE PROHIBITING UNDERGROUND STORAGE OF FLAMMABLE LIQUIDS IN
RESIDENTIAL AREAS.
PASSED AND ADOPTED this 7th day of May, 1979, by the following vote:
AYES: COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, PATE, STOUT and GOODRICH
NOES: COUNCIL MEHBERS: CHILDERS and LINK
ABSENT: COUNCIL MEMBERS: NONE
Report of the Planning Commission Meeting of April 19, 1979,
Plan. Com. Meet. The
4/19/79 was noted.
Plan. Com. Heet. The
5/3/79 was noted.
P & R Com.
Meet.
4/24/79
Report of the Planning Commission Meeting of May 3, 1979,
The Minutes of the Parks and Recreation Corrmission Meeting of
April 24, 1979, were noted.
The Minutes of the Senior Citizens' Advisory Council Meeting of
March 27, 1979, were noted.
P & R Com. Meet. The Minutes of the Parks and Recreation Commission adjourned
5/3/79 meeting of May 3, 1979, was noted.
~,,"
El Roble Pk.
.......
Personnel Com.
4/24/79
Personnel. Rules
& Regulations
Amendments
Softball Offi-
cials Pay
-
....
CETA Salary
Ranges &
Classifica-
tions
Director of Parks and Recreation Ayer addressed the Council
requesting the call for bids for El Roble Park Project as recommended
with bids to be opened June 13, 1979, further explaining same and
specifications required.
Motion was made by Councilman Pate seconded by Councilman Cunning-
ham and carried that Staff be authorized to call for bids for El Roble
Park Project as recommended with bids to be opened June 13, 1979.
The Report of the Personnel Commission Meeting of April 24, 1979,
was noted.
Motion was made by Councilman Link seqonded by Councilman Childers
and carried that the recommended amendments to the Personnel Rules and
Regulations be approved as presented with the following corrections:
Sec. IV.D.l, "at least three (3) ea3:efiae.r working days prior to any
proposed action and shall be given the opportunity to respond during that
time., either orally or in writing----", "For hardship, an additional
seven (7)----."
Motion was made by Councilwoman Hughan seconded by Councilman
Cunningham and carried that the recommended pay increases for Softball
Officials be approved $5 to $9 per game for slowpitch and $5 to $10 per
game for Fastpitch.
Motion was made by Councilman Cunningham seconded by Councilwoman
Hughan and carried that the salary ranges and classifications for CETA
employees be approved as recommended.
"f.".""''''''''
Lib. & Cult. Com. The Minutes of the Library and Culture Commission Meeting of
4/3/79 April 3, 1979, were noted.
-
Monthly
Reports
City Administrator Wood noted that the City of Morgan Hill had
approved the County's plan for Food Stamp Distribution at their Library.
The Summary of Monthly Reports of March, 1979, was noted.
4218
Disbursements The Report of Disbursements from April 1, 1979, through April
30, 1979, was noted.
Taxi Cab
Transfer
HCD Citizens'
Adv. Com.
5 Yr. Cap. Imp.
Prog. 1979-84
Population
Estimate
Equipment
Agree. Imp.
Santa Teresa
Blvd.
Burglar Alarm
Ordinance
-
A request from the Gilroy Taxi for a Taxi Cab License transfer
of ownership was noted. A spokeswoman, representing the Gilroy Taxi, ...
addressed the Council noting that their employee's parking and repair-
ing vehicles in the adjacent alley and business site will be discon-
tinued. Motion was made by Councilman stout seconded by Councilman
Link and carried that the requested Taxi Cab license transfer be
approved as requested. Councilman Childers voted "no" on the motion.
...
A memo from HCD Grant Coordinator McGowan was noted recom-
mending Council approval of nominees for possible appointment to the
HCD Citizens' Advisory Committee.
--
Motion was made by Councilwoman Hughan seconded by Councilman
Pate and carried that the following be nominated for possible appoint-
ment to the HCD Citizens' Advisory Committee: Messrs. Jose Diaz,
Feliz Ortiz, Mrs. Martha "Skip" Pridham, and Mr. Dionicio Vasquez.
A report on the Five (5) Year Capital Improvement Program as
corrected by Council for 1979-1984 was noted and further explained
by City Administrator Wood. Motion was made by Councilman Pate
seconded by Councilman Cunningham and carried that the 1979-1984
Capital Improvement Program as corrected and presented by approved
by the following Roll Call Vote: Ayes: Council Members: Cunningham,
Hugh an , Pate and Goodrich. Noes: Council Members: Childers, Link,
and Stout.
A report on the state Department of Finance Population Esti-
mate for the City of Gilroy as of January 1, 1979, was noted, same
to be 19,900.
A request for Staff to negotiate the sale of a motor and
control panel was presented and explained by Director of Public
Works-City Engineer Hansen. Motion was made by Councilman Link
seconded by Councilman Childers and carried that Staff be authorized
to negotiate the sale of a motor and control panel as recommended.
-
.."'~,*
Director of Public Works-City Engineer Hansen presented a
recommendation to execute a Cost Sharing Agreement with the County
of Santa Clara to improve santa Teresa Blvd. from Hecker Pass High-
way to Mantelli Drive.
Motion was made by Councilman Link seconded by Councilman
Pate and carried that the Cost Sharing Agreement with the County of
Santa Clara to improve Santa Teresa Blvd. from Hecker Pass Highway
to Mantelli Drive be executed as recommended.
The City Attorney presented a draft of a proposed Burglar
Alarm Ordinance.
Discussion was had on same. Councilman Pate requested that
the Downtown Merchants Association be given copies of a proposed
Burglar Alarm Ordinance prior to introduction of same by Council.
Mr. Howard Madden, addressed the Council noting that he dis-
agrees with any permit requirements for home burglar alarm systems.
--
Mr. Gary George, Gilroy Appliance, addressed the Council
noting that he agrees with the permit requirement for both commercial
and residential burglar alarm systems.
-
Council instructed the City Attorney to present a revised
burglar alarm ordinance for Council review and the Police Chief to
present that portion of the burglar alarm ordinance requiring permits
for burglar alarm systems, also for Council review.
-
-
4219
Res. #79-37 re: The City Attorney presented proposed Police Department Service
Police Dept. Fees. Motion was made by Councilman Childers seconded by Councilman
Fees stout that the reading of Resolution No. 79-37 be waived and that it be
adopted.
RESOLUTION NO. 79-37
~
RESOLUTION OF THE COUNCIL OF THE CITY OF
SCHEDULE OF CHARGES FOR CERTAIN SERVICES
DEPARTMENT FOR INDIVIDUALS NOT CONCERNED
CRIMINAL JUSTICE.
PASSED AND ADOPTED this 7th day of May, 1979, by
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM,
STOUT and GOODRICH
COUNCIL MEMBERS: NONE
COUNC IL MEMBERS: NONE
GILROY ESTABLISHING A REVISED
PERFORMED BY THE GILROY POLICE
WITH THE ADMINISTRATION OF
.....
the following vote:
HUGHAN, LINK, PATE,
NOES:
ABSENT:
RV Pkg. Ord.
A report on a proposed recreation vehicle parking ordinance was
noted and discussed. Council agreed that a pick-up truck with a shell
or camper shall not be classified as a recreation vehicle. Councilwoman
Hughan requested that a provision be included to prohibit parking a
recreational vehicle within five (5) feet of the front adjacent side yard.
The City Attorney was instructed to rewrite the proposed recreational
vehicle parking ordinance with the additional provision requested.
The City
be an amendment
to the Planning
said amendment.
Attorney noted that Section 57.1
to the Zoning Ordinance and that
Commission for setting a hearing
Council so ordered same.
regarding Storage would
same should be referred
on same to provide for
~'l,.
Downtown Parking City Administrator Wood presented and explained a report on a
meeting with the Downtown Merchants on April 30, 1979, with the Council-
of-the-Whole. He noted that they are attempting to negotiate with the
Wells Fargo Bank for the Lewis Street proposed parking lot as to the cost
of said property. Director of Public Works-City Engineer Hansen reported
that a cost estimate is presently being Obtained for the proposal requested
to add four (4) additional lights to the present lighting standards in the
downtown area to determine if same would be feasible.
--
Public Emp.
Strikes
re: The City Attorney noted that the League of California Cities has
requested the City's support to join in with the San Diego Brief in
regard to striking of public employees.
Motion was made by Councilwoman Hughan seconded by Councilman
stout and carried that the City of Gilroy agrees to joining in the Brief
supporting the League of California Cities position that public employees
not have the right to strike.
Sewer Adv. Com. City Administrator Wood noted that the Council Sewer Advisory
Committee would be meeting at 3:00 p.m. on May 10, 1979, and requested
that the meeting be changed to 2:45 p.m. in regard to another matter.
He also noted that the Council of the Whole will meet on the same day
at 4:00 p.m. with Mr. Ed Reith, City's negotiator re: the Meet and Confer
Sessions.
Certificate of
Appreciation
Councilman Link presented the Mayor and Council with a Certificate
of Appreciation from the Gilroy School District.
-
Adjournment
At 11:43 p.m., the Mayor adjourned the meeting.
....
Respectfully submitted,
__'.c-,,,,,,,
~~~. d'~..j
,/ Ci ty Clerk ~
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