Minutes 1979/09/04
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4264
Gilroy, California
September 4, 1979
The Regular Meeting of the Gilroy City Council was called to
order by His Honor Norman B. Goodrich at 8:00 p.m.
Roll Call
Present: Council Members: Brian D. Cunningham, Roberta H.
Hughan, Marion T. Link, John E. Pate and Norman B. Goodrich.
Absent: Council Members: William E. Childers and David V.
stout.
Consent
Calendar
Motion was made by Councilman Link seconded by Councilman
Cunningham that the following items under the Consent Calendar be
approved by the following Roll Call Vote: Ayes: Council Members:
Cunningham, Hughan, Link, Pate and Goodrich. Absent: Council
Members: Childers and stout.
Minutes
Approved the Minutes of the Regular Council Meeting of August
20, 1979;
Ord. #79-23 re: Adopted Ordinance No. 79-23 amending Section 25.5-1 of the
R.V. Veh. & City Code pertaining to parking and use of trailers outside mobile
Trailers home parks.
ORDINANCE NO. 79-23
AN ORDINANCE OF THE CITY OF
GILROY CITY CODE PERTAINING
MOBILE HOME PARKS.
PASSED AND ADOPTED this 4th
vote:
AYES:
NOES:
ABSENT:
GILROY AMENDING SECTION 25.5-1 OF THE
'\TO PARKING AND USE OF TRAILERS OUTSIDE
day of september, 1979, by the following
COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, LINK, PATE and GOODRICH
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: CHILDERS and STOUT;
Ord. #79-24 re: Adopted Ordinance No. 79-24 enacting Section 57 of the Zoning
R.V. veh. & Ordinance regulating storage of Recreational Vehicles and Trailers.
Trailers
ORDINANCE NO. 79-24
AN ORDINANCE OF THE CITY OF GILROY ENACTING SECTION 57 OF THE ZONING
ORDINANCE REGULATING STORAGE OF RECREATIONAL VEHICLES AND TRAILERS.
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Res. #79-68A
Assess. #8,
Murray Ave.
Imp. Dist.
1975-5
....
Intro. Ord.
weed Abate.
Posting
Tract #6408
Montebello
Drive
Res. #79-69-
street Re-
naming
Bids re: 5th
storm Drain
Proj. 79-8
Bids re:
cap Ramp
Proj. 79-7
.......
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Bids re: New
Ci ty Hall
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4265
PASSED AND ADOPTED this 4th day of September, 1979, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, LINK, PATE and GOODRICH
COUNCIL MEMBERS: NONE
COUNC IL MEMBERS: CHILDERS and STOUT;
re: Adopted Resolution No. 79-68A setting October 1, 1979, as a Public
Hearing date on proposed amended Assessment No. 8 re: Murray Avenue
Improvement District 1975-5.
RESOLUTION NO. 79-68A
A RESOLUTION DIRECTING MAKING OF AMENDED ASSESSMENT RE: CERTAIN ASSESS-
MENTS UNDER RESOLUTION NO. 75-51 OF PRELIMINARY DETERMINATION AND OF
INTENTION - MURRAY AVENUE IMPROVEMENT DISTRICT 1975-5B - ASSESSMENT
NO.8.
PASSED
AYES:
NOES:
ABSENT:
AND ADOPTED this 4th
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
day of september, 1979, by the
CUNNINGHAM, HUGHAN, LINK, PATE
NONE
CHILDERS and STOUT;
following vote:
and GOODRICH
re: Introduced a proposed ordinance amending City Code Section 12.53
(Weed Abatement) correcting City Hall and Fire Headquarters' addresses
for posting notices re: Weed Abatement Program, same to be published by
title and summary;
Accepted Improvements in Tract No. 6408 (Montebello Drive) as
"recommended; and
Adopted Resolution No. 79-69 renaming Malilly Way to Clark Way
and Lashelle Drive to Crawford Drive as recommended.
RESOLUTION NO. 79-69
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY RENAMING MALILLY WAY TO
CLARK WAY AND LASHELLE DRIVE TO CRAWFORD DRIVE.
PASSED AND ADOPTED this 4th day of September, 1979, by the following vote:
AYES: COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, LINK, PATE, and GOODRICH
NOES: COUNC IL MEMBERS: NONE
ABSENT: COUNCIL MEMB~RS: CHILDERS and STOUT
st. Director of Public Works-City Engineer Hansen presented and
explained a continued report on bids received for the Fifth Street Storm
Drain Project 1979-8 recommending rejecting all bids as submitted and
readvertise bids for said project.
Motion was made by Councilman Link seconded by Councilman Cunningh-
ham and carried that all bids be rejected received for the Fifth Street
Storm Drain Project 1979-8 as recommended and that bids be readvertised
for said project.
Handi- Director of public Works-City Engineer Hansen presented and
explained a report on bids received for the Handicap Ramp Project 1979-7
recommending that the bid of Andero Construction Company in the amount
of $13,500.00 be awarded for same.
Motion was made by Councilwoman Hughan seconded by Councilman
Link and carried that Andero Construction Company be awarded the bid for
the Handicap Ramp Project 1979-7 in the amount of $13,500.00 as recommended.
Director of Public Works-City Engineer Hansen presented and
explained a report of bids received for the New City Hall Construction
Project recommending that the bid of Farotte Construction Company in the
amount of $1,423,749.00 plus Add Alternate A in the amount of $8,380.00
for the replacement of old city sidewalk, total contract price $1,432,129
be awarded. Motion was made by Councilwoman Hughan seconded by Councilman
Pate and carried that the bid of Farotte Construction Company for the total
contract price of $1,432,129.00 be awarded as recommended for the New City
Hall Construction Project.
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pub. Hear. re: The Mayor stated that it was the time and place scheduled for
Weed Abate. a public hearing on a report of the Fire Chief re: Weed Abatement.
Res. #79-70
pub. Hear. re:
1980-82 HCD
Grant Applic.
re: Citizen
Participa-
tion Plan
G. Wojahn re:
Sewer &
Water Line
Install. -
Mesa Rd.
....
The Report of the Fire Chief was noted. The Mayor asked if
there was anyone in the audience wishing to speak for or against the --
report. There was no comment from anyone in the audience.
Motion was made by Councilman Link seconded by Councilman
Cunningham and carried that the Public Hearing be closed.
Motion was made by Councilman Pate seconded by Councilman Link
that the reading of Resolution No. 79-70 be waived and that it be
adopted confirming the report of the Fire Chief and providing for
special assessments.
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RESOLUTION NO. 79-10
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CONFIRMING THE REPORT
OF THE CHIEF OF THE FIRE DEPARTMENT SETTING FORTH THE DESCRIPTION OF
PROPERTY, THE OWNERS THEREFORE, AND THE COST OF ABATING THE NUISANCE
CAUSED BY THE GROWING OF WEEDS AND ACCUMULATION OF REFUSE IN THE CITY
OF GILROY, AND PROVIDING THAT SUCH COSTS SHALL CONSTITUTE ASSESSMENTS
AGAINST THE RESPECTIVE OWNERS OF LAND.
PASSED AND ADOPTED this 4th day of September, 1979, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, LINK, PATE and GOODRICH
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: CHILDERS and STOUT
The Mayor stated that it was the time and place scheduled for
a Public Hearing on the 1980-82 Community Development Block Grant
Application on Citizen Participation Plan.
HCD Grant Coordinator McGowan presented and explained the
Staff report on same. 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.
......
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Motion was made by Councilman Link seconded by Councilman
Cunningham and carried that the Public Hearing be closed.
Motion was made by Councilman Link seconded by Councilman
Cunningham and carried that the Citizen Participation Plan as proposed
be approved for the 1980-82 Community Development Block Grant Appli-
cation.
The Mayor asked if there was anyone in the audience wishing
to speak on any matter not on the agenda.
Mr. Gary wojahn addressed the Council requesting reconsidera-
tion of Council decision denying variance of size of sewer and water
line installation on Mesa Road. Discussion was had on the matter.
Motion was made by Councilman Cunningham seconded by Councilman Link
and carried that the matter be reconsidered. Discussion was had on
the motion. Motion was made by Councilman Pate seconded by Council-
man Link and carried that said request be discussed at the september
17, 1979, regulat Council Meeting in order to notify adjacent property
owners, including Mr. Kishimura, since any change in Council's pre-
vious action could affect development of their properties.
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The Mayor asked if there was anyone further in the audience
wishing to speak on any matter not on the agenda. --
Mr. Martin Hathoway, Palm Springs, addressed the Council
requesting liaison between City Councils and School Districts. It
was explained by Staff that the City of Gilroy has been cooperative
with the School District in many areas.
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LAFCO Municipal A letter from LAFCO re: Municipal Organization Act of 1977 was
Org. Act noted. City Administrator Wood noted that same is not believed to
1977 have any effect on the City of Gilroy.
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Gilroy Medical A request of Concordia Development Corporation for a temporary
Center Com- trailer permit at the Gilroy Medical Center construction complex on
plex-Temp. Wren Avenue between Montebello and Ortega was noted. Motion was made
Trailer by Councilman Link seconded by Councilman Cunningham and carried that
a one year temporary trailer permit be approved for the Medical Center
construction complex on Wren Avenue expiring September 4, 1980.
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USA Request-
V. Marquez
.,.,.
......
A request of Victor Marquez for inclusion in the Urban Service
Area was noted. Motion was made by Councilman Pate seconded by Councilman
Link and carried that said request be referred to the Planning Department
to be discussed with other U.S.A. requests.
Res. #79-71 re: A letter from representatives of the Peninsula Division of the
Passenger League of California Cities was noted requesting adoption of a resolution
Service-S.P. regarding passenger service of the Southern Pacific Railroad. Motion
Railroad was made by Councilman Cunningham seconded by Councilman Link that the
reading of Resolution No. 79-71 be waived and that it be adopted supporting
the League's position regarding the passenger service of the Southern
Pacific Transportation Company. The City Attorney noted that he would
prepare same.
City of M.H.
Sewer Con-
nection
~.._;tll
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Truck Scale &
Inspect. Stn.
(County)
League
Bulletin
RESOLUTION NO. 79-71
RESOLUTION REGARDING PASSENGER SERVICE OF THE SOUTHERN PACIFIC RAILROAD.
PASSED AND ADOPTED this 4th day of September, 1979, by the following vote:
AYES: COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, LINK, PATE and GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: CHILDERS and STOUT
A letter from the City of Morgan Hill was noted requesting an
Outside Sewer Connection for a hardship case. Motion was made by
Councilman Link seconded by Councilman Cunningham and carried that the
outside sewer connection for the hardship case in Morgan Hill be allowed
recommending that said property be annexed to the City of Morgan Hill.
A letter from the Department of Transportation in regard to a
Negative Declaration for a Truck Scale & Inspection Station was noted.
Discussion was had on the matter. Council made no comment on same.
The League of California Cities Legislative Bulletin #33-1979
was noted. Council concurred with previous policy to follow the League's
recommendations on said legislation.
Amer. Dev. Corp.- A letter from American Development Corp. was noted requesting an
Growth Man- exception to the Growth Management Policy. Motion was made by Councilman
agement Cunningham seconded by Councilman Pate to allow the American Development
Policy Corporation to apply for an exception to the Growth Management Policy.
Motion was withdrawn.
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HCD Jt. Powers
Agreement
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Hope Rehab.
Dev. Fees
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Motion was made by Councilman Cunningham seconded by Councilman
Pate and carried that the City allow the American Development Corp. to
apply for an exception to the Growth Management Policy and that said
matter be re-agendized to the September 17, 1979, regular Council Meeting
in order to have them present more information to Council in regard to
said project.
An amended Urban County Cooperative Agreement - H.C.D. Grant was
noted and discussion continued regarding the proposed agreement. Council-
man Link recommended tabling action on same until the proposed changes
from the other cities are received for action by the City at the September
17, 1979, regular Council meeting.
A letter from Hope Rehabilitation Services was noted requesting
payment of development fees on an installment basis for a three (3) year
period.
Motion was made by Councilman Cunningham seconded by Councilman
Link and carried that Hope Rehabilitation Services be allowed to pay the
development fees as requested on a three (3) year installment basis with
no interest to be charged.
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Lib. & Cult.
Com. Meet.
8/7/79
Library Com.
Monthly
Reports
Local Dev.
HCD BUDget
Sewer Inter-
ceptor Line
The following information items were noted with no separate
discussion on same: LAFCO Annual Report and ABAG Election information.
....
The Minutes of the Library and Culture Commission Meeting of
August 7, 1979, were noted.
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City Administrator Wood presented and read a letter from Mrs.
Nancy Hann, Library & Culture Commissioner, resigning from said Com-
mission. Motion was made by Councilman Link seconded by Councilman
Cunningham and carried that Mrs. Hanna's resignation be accepted with
regrets. The Mayor requested Council Members to present nominations
for said replacement for the unexpired term ending January 1, 1982.
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The Summary of Monthly Reports of July 1979 was noted and
discussed.
A Report from the City Administrator was noted on coordination
of local development applications.
Motion was made by Councilman Pate seconded by Councilman Link
and carried that a public hearing be set for September 17, 1979, on
HCD Budget re: Eastside Neighborhood Improvement Funds.
City Administrator Wood presented the final acquisition on the
Sewer Interceptor Project for Frank J. Filippi lands in the amount of
$16,500.00, recommending approval of same.
Motion was made by Councilman Link seconded by Councilman Pate
and carried that the acquisition of Frank J. Filippi lands in the
amount of $16,500.00 be approved as recommended and that the Mayor be
authorized to execute same on behalf of the City.
Disbursements The Report of Disbursements from July 1, 1979, through July ...
31, 1979, was noted and discussed.
Burglar Alarm
Registration
........
A request for a resolution regarding burglar alarm registration
as provided for in Ordinance No. 79-18 was noted. The City Attorney
explained same. Discussion was had on the matter. The Mayor requested
that same be re-agendized and referred same to Staff and the City
Attorney for final preparation of same.
I.O.O.F. Restric- Director of Public Works-City Engineer Hansen recommended
ted Parking removing the time restriction from the south side and to permit
parking on the north side of I.O.O.F. Avenue in the vicinity of the
South Valley Junior High School. Discussion was had on the matter.
Motion was made by Councilman Pate seconded by Councilman Cun-
ningham and carried that the recommendation be approved and same be
referred to the City Attorney to prepare the required documents to
accomplish same.
City Code Amend. Director of Public Works-City Engineer Hansen recommended
re: Traffic amending the City Code re: 1977-78 Traffic Study of TJKM. Discussion
Study was had on the matter. The matter was referred to the City Attorney
to prepare an ordinance to remove through streets, etc., allowing
same to be established by resolution. ...
Project 566
The review of the proposed HCD Joint Powers Agreement was ~
noted to have been discussed earlier in the meeting.
City Administrator Wood reported on a hearing on the E.I.S
Report of Project 566 on september 26, 1977, at the R. Gwinn School
in San Martin and recommended Council send a letter in support of the
project. Motion was made by Councilman Pate seconded by Councilman
Link and carried that the City support said project as recommended.
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Adjournment
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City Administrator Wood further noted
of the project and questions on same will be
on september 18, 1979, between 5:00 p.m. and
4269
that a public map display
answered at the Gwinn School
9:30 p.m.
At 9:46 p.m., the Mayor adjourned the meeting.
Respectfully submitted,
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City Cler