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Minutes 1979/12/17 4326 Ro 11 Ca 11 December 17, 1979 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by His Honor Norman B. Goodrich at 8:00 p.m. Present: Council ~1embers: Sharon Albert, Brian D. Cunningham, Roberta H. Hughan, Marion T. Link, John E. Pate, Robert E. Taylor and Norman B. Goodrich. Intro. New Emp. The Mayor deferred introduction of new employee, Jack Robinson, Police Officer to await his presence. Consent Calendar ~1inutes Ord. #79-29 Essary Re- zoning 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: Albert, Cun- ningham, Hughan, Link, Pate, Taylor and Goodrich. Approved the Minutes of the Regular Council Meeting of December 3, 1979; re: Adopted Ordinance No. 79-29 Rezoning property of Larry Essary Construction, Inc., located approximately 65 feet east of Church Street on the north side of Welburn Avenue from M2 (General Industrial) to CM (Commercial Industrial) District; ORDINANCE NO. 79-29 ORDINANCE OF THE CITY OF GILROY Ar~ENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING A 0.555 ACRE PARCEL ON THE NORTH SIDE OF WELBURN AVENUE 65 FEET EAST OF CHURCH STREET FROM M2 (GENERAIL INDUSTRIAL) DISTRICT TO CM (COMMERCIAL INDUSTRIAL) DISTRICT. " ,. ~,_ . '.< ~c. ~..F ......1';. " ',' de '-, ~",.,.. - Pub.Hear. re: Martinez & Cruz Re- zoning ~"" ........ Pub.Hear. re: Zone Ord. Amendments _ , ~~., __'''.~..,"- ,~~_,..,. .......", '" ~ ........"',)<'...,_.....'"'"""~"'I'_r-'\IIO. ......,.....'--.- ...........u..,~.~._--'" ".""" ,;..." 4327 PASSED AND ADOPTED this 17th day of December, 1979, by the following vote: AYES: COUNCIL MEr1BERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE; Set January 7, 1980, as a Public Hearing date on a request of t1artinez & Cruz Associates, Inc., to rezone property located at the rear of 8955 Monterey Street, north of Liman Avenue on approximately two (2) acres from Rl (Single Family Residence) to HC (Highway Commercial) District; Set January 7, 1980, as a Public Hearing date on a proposal to amend the Zoning Ordinance, Sections 52 and 55 re: New Planned Unit Development Zone and Application Procedures; Res. #79-110A re: Adopted Resolution No. 79-110-A approving annual re-claiming for TDA Bikeway TDA Bikeway Funds as required by MTC; Funds RESOLUTION NO. 79-110-A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE METROPOLITAN TRANSPORTATION COMMISSION FOR ALLOCATION OF TRANSPORTATION DEVELOPMENT ACT FUNDS FOR FISCAL YEAR 1979-80. PASSED AND ADOPTED this 17th day of December, 1979, by the following vote: AYES: COUNCIL MEt1BERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE; Def.Dev.Agree. Approved Deferred Development Agreements with Antonio J. & Esther Gonzalez & F. Gonzalez and Joe & Rita Vaca; and Vaca Salary ,...", Increases - Approved the following salary achievement increases for eleven (11) City Employees, effective January 1, 1980: Alan Cluke, Andrew Ojeda and Jose Rodriguez, Public Works Maintenance I, Range 25 from Step C, $1,016 to Step D, $1,068; Bill Lowery, Jr., Civil Engineer, Range 34.5a from Step A, $1,482 to Step B, $1,554; Dan Crumrine, Police Sergeant, Range 35.5 from Step D, $1,779 to Step E, $1,869; Gary Rowen, Police Sergeant, Range 36 from Step D, $1,824 to Step E, $1,915; David Marrazzo, Police Officer, Range 32.5 from Step C, $1,468 to Step D, $1,539; Ray Guerrero and Toby Solorzano, Laborers, Range 20 from step A, $731 to Step B, $769; Gayle t1atsuura, Recreati on Supervisor I, Range 28.5 from Step C, $1,207 to Step D, $1,266; and Raynaldo Mirelez, Recreation Coordinator, Range 20 from Step A, $731 to Step B, $769. Police Vehicle A report on bids received for police vehicles recommended the low Bids bid of Marx-Chevrolet in the amount of $55,613.92 was noted. Cable TV Rate Inc. ...... ...... 1.'--'4, -... Motion was made by Councilman Link seconded by Councilman Taylor and carried that the bid of Marx-Chevrolet for police vehicles in the amount of $55,613.92 be awarded. The Mayor stated that it was the time and place scheduled for a Hearing to consider a request of Falcon Cable TV Rate Increase. Councilman Cunningham, Chairman of the Council Advisory Committee for said matter, reported on the Committee's recommendation in regard to said rate increases, noting that the Committee was not in agreement on their recommendation. Councilman Pate, t1ember of the Council Advisory Committee, also reported on the Committee's recommendation. The Mayor asked if there was anyone in the audience wishing to speak on the matter. Mr. Frank Caliri, partner of Falcon TV addressed the Council accompanied by his Director of Finance of Falcon Cable TV, further ex- plaining the rate increase request. :;-;'~"""1l"---"""""""",,"'-r"'....__."'_"""" -'''1''.,__...-.,..~~._--.."." ....~._. ~ ...,_"_~ '-'>....._........,,""~.._,~...... _ _.' _, 4328 The Mayor asked if there was anyone further in the audience wishing to speak on the matter. There was no comment from anyone in the audience. ,.'.. t~otion was made by Councilman Link seconded by Councilman ., Cunningham and carried that the hearing be closed. Discussion was had by Council on the matter. Motion was made by Councilman Cunningham seconded by Council- woman Albert that the $8.00 Monthly Service Charge be approved for the rate increase ($6.50 current rate + $1.50 increase) and that same be ... reviewed again in one (1) year. t1otion failed by the following Roll Call Vote: Ayes: Council Members: Albert, Cunningham and Taylor; Noes: ... Council Members: Hughan, Pate, Link and Goodrich. Res. #79-11 Motion was made by Councilman Link seconded by Councilman Pate that the reading of Resolution No. 79-111 be waived approving the Cable TV increases as outlined in their proposal (which includes the $8.50 request for monthly service charges) and that it be adopted. RESOLUTION NO. 79-111 RESOLUTION AMENDING RATES AND CHARGES OF THE COMMUNITY ANTENNA TELE- VISION SYSTEM. PASSED AND ADOPTED this 17th day of December, 1979, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: HUGHAN, LINK, PATE, and GOODRICH COUNCIL MEMBERS: ALBERT, CUNNINGHAM and TAYLOR COUNCIL MEMBERS: NONE Pub. Hear. re: The Mayor stated that it was the time and place scheduled for a Weed Abate. Public Hearing for objection to the proposed destruction on removal of weeds. 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 Link and carried that the Public Hearing be closed. Res. #79-112 Motion was made by Councilman Pate seconded by Councilman Link that the reading of Resolution No. 79-112 be waived and that it be adopted, ordering the Fire Chief to abate the nuisance and destroy weeds. RESOLUTION NO. 79-112 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY INSTRUCTING THE CHIEF OF THE FIRE DEPARTMENT TO ABATE NUISANCE ARISING OUT OF WEEDS GROWING UPON LOTS OR IN FRONT OF PROPERTY IN THE CITY OF GILROY AS REQUIRED BY SECTION 5 OF ORDINANCE NO. 754. PASSED AND ADOPTED this 17th day of December, 1979, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, TAYLOR and GOODRICH NONE NONE LINK, PATE, .NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Annual Garlic A letter from the Gilroy Garlic Festival in re: to location of Festival the 1980 festival was noted. - ~ Dr. Rudy Melone, addressed the Council in regard to proposed use of Christmas Hill Park for said event. Discussion was had on the matter. Motion was made by Councilman Pate seconded by Councilman Cun- ningham and carried that the request of the Gilroy Garlic Festival be approved in concept for use of Christmas Hill Park for the 1980 Garlic Festival and that same be referred to the Parks and Recreation Commis- sion to determine what conditions might apply to such an event. -- ........ ~...-, _" _'~"""'-'-' v" '""",,"_.""""__ _.:-''''''',+., ~. '_'.f . ";"'I.;l 4329 - Councilwoman Hughan requested and Council concurred that the following conditions be suggested to the Parks and Recreation Commission: Organization be required to provide for clean-up of the facility; Adequate Bonds and Insurance be required; Organization be required to provide parking outside of the park; and that the City consider offer of any permanent installation of improvement or rent payment. ,~"-'" So. Valley Service - Tra il er Per- mit Food A request from South Valley Food Service for a t~mporary trailer permit was noted. Motion was made by Councilman Pate seconded by Council- man Link and carried that a one (1) year temporary trailer permit be approved for South Valley Food Service. .-~'!4 ... Urban Service A letter from Mr. Ted Schaal in regard to Urban Service Plan with- Area drawal was noted. Mr. Ted Schaal, addressed the Council and further explained same. Council informed r1r. Schaal that all properties within the City can be developed wit~out approval from LAFCO. It was further noted that the Urban Service Area would have no effect on a build-out schedule and would be judged upon its own merits. Attendance Review A letter from the Superintendent of Schools, Santa Clara County, Board re: formation of Attendance Review Board was noted. Council referred same to the Police Department for review and recommendation. Jt. Sewer Com. A letter from the City of Morgan Hill in re:to a meeting of the Joint Sewer Committee was noted. Council agreed to said meeting and requested that the City of Morgan Hill suggest a date for same. So. Valley Equip. A request of South Valley Equipment for a temporary trailer permit Temp. Trail- extension was noted. Motion was made by Councilman Link seconded by er Permit Councilman Cunningham and carried that South Valley Equipment be granted a one (1) year extension for a temporary trailer permit. ."..~ - JPA-Street Re- A letter from the City of Milpitas in re: to JPA for Street Re- surfacing Surfacing was noted and further explained by Director of Public Works- City Engineer Hansen. S.B.4 & S. B. 92 A letter from the California Grocers' Association was noted urging opposition to S.B. 4 and S.B. 92. Council took no action on same and filed the letter. Trans it ion Area A report from the County on Transition Area Policies was noted. Councilman Link reported that the County upheld the City's proposed Transition Area and noted that they would provide liaison from their Planning Department to the City in planning said area. The following informational Items Nos. 1, 3 & 4 were noted with no separate discussion on same: Donation (Item No.2 was discussed.) Motion was made by Councilman Pate seconded by Councilman Link and carried that Mr. Al Gagliardi's donation of his $200.00 services as auctioneer at the City's recent auction be accepted and further thanking him for same and that the request that the money be allocated to restoration of the Seagrave Pumper be approved if additional funds are needed for same. IJIIIi"IIl -- So. Flood Con- Minutes of South Flood Control Zone Advisory Committee meeting trol Adv. of May 24, 1979; Com. S . C . Vall ey Water Dist. -" New City Hall Santa Clara Valley Water District in re: to Landscaping Policy; and Keith Lodge No. 187, Masonic Hall, re: Cornerstone Laying Ceremony. ~ Plan. Com. Report The Report of the Planning Commission Meeting of December 6, 1979, 12/6/79 was noted. f'IJ-.....'''~~~.-.......~-~_f'''''~.....>.__ <~, '->.......-_..--._~~,... 4330 Gen. Plan-S.J. A Staff Report and recommendations on the City of San Jose's General Plan Amendments was noted and further explained by Planning Director Dorn. Motion was made by Councilwoman Hughan seconded by Councilman Cunningham and carried that the Staff Report on recommenda- tions regarding the City of San Jose's General Plan amendments be accepted. fllfil"'\ Lib. & Cult. Com. The Minutes of the Library and Culture Commission Meeting of Meeting December 4, 1979, were noted. 12/4/79 1978-79 External The 1978-79 External Audit of the City of Gilroy was noted and Audit reviewed by City Administrator Wood. ..., Motion was made by Councilman Pate seconded by Councilman Cunningham and carried that the 1918-79 External Audit and Supplemental Report on Revenue Rharing for the City of Gilroy be approved as pre- sented. "".In Leave of Absence- A request of Police Officer Peter Timewell for a Leave of P.Timewell Absence was presented and explained by City Administrator Wood. Motion was made by Councilman Pate seconded by Councilman Link and carried that the one (1) year leave of absence reque's~ed by Pol ice Officer Timewell be granted as requested with the condition that he attend law school during said year and that said leave shall not exceed one (1) year and subject to the City Administrator's recommendations presented. Maint. Parks & Public Ways City Administrator Wood requested appointment of a Committee to study staffing future maintenance of Parks and Public Ways. The Mayor appointed Council Members: Hughan, Cunningham and Link to said Com- mittee. Brisbane Avenue Director of Public Works-City Engineer Hansen presented and explained a report on Brisbane Avenue, south of Ronan Avenue. Motion was made by Councilman Link seconded by Councilwoman Hughan and car- ried that Council approves the recommendation that Brisbane Avenue, south of Ronan Avenue, be removed as a designated street. Councilman Cunningham voted "no" on the motion. -- - New Standards, Director of Public Works-City Engineer Hansen presented and Cul-de-sacs; explained a report and recommendation to establish new standards re- Water Main lated to: (1) Length of Cul-de-Sacs, (2) Water Main Sizing, and (3) Sizes; & The number of dwelling units which may be served by a six-inch (6") Units re: sewer main. 6" Sewer Main Motion was made by Councilman Pate seconded by Councilman Cun- ningham and carried that the recommendations to establish new stand- ards be approved in concept with a change from 20 dwelling units to 18 dwelling units which may be served by a six-inch (6") sewer main. Council noted that it was not their intention to interfere with any development already in progress and that required documents to estab- lish new standards be brought to Council for approval. Tract 6254, Director of Public Works-City Engineer Hansen recommended Hidden Glen approval and acceptance of Improvements in Tract #6254, Hidden Glen No.5. Motion was made by Councilman Link seconded by Councilman Pate and carried that the improvements in Tract #6254 Hidden Glen No. 5 be approved as recommended. Confl i ct of Int. Code The City Attorney presented and explained a report re: Conflict of Interest Code for Council consideration. Discussion was had on the matter. It was noted that said Code would be brought back to Council at a later date, deleting some of the City employees listed, not requiring them to file under this proposed Conflice of Interest Code. ..... - Commissioner The Mayor recommended appointments of the following Planning Appointments Commissioners for a Four (4) Year Term, expiring January 1, 1984: Dale Springer and Daniel Palmerlee (reappointed). .... - I ij,...i1 ji~'~ l~_. Golf Course Agreement ~' "' ~.".,W'..,'>'"""~".'. ...'....-..-..';,.....,_~..... .__~: 4331 Motion was made by Councilwoman Hughan seconded by Councilman Pate and carried that Dale Springer be appointed and Daniel Palmerlee be reappointed for 4 year terms on the Planning Commission expiring January 1, 1984, as recommended. The Mayor recommended appointment of the following Parks & Recreation Commissioners for a four (4) year term expiring January 1, 1984: Andree Schoutens and Gerald McConnon (reappointment). Motion was made by Councilwoman Hughan seconded by Councilman Taylor and carried that Andree Schoutens be appointed and Gerald McConnon be re- appointed for 4 year terms on the Parks and Recreation Commission expiring January 1, 1984, as recommended. The Mayor recommended reappointment of the following Library and Culture Commissioners for a four (4) year term expiring January 1, 1984: Muriel Brem and Harold Whitlock. Motion was made by Councilwoman Hughan seconded by Councilman Taylor and carried that Muriel Brem and Harold Whitlock be reappointed for a 4 year term on the Library and Culture Commission expiring January 1, 1984, as recommended. Chairman of the Golf Course Advisory Committee Taylor reported on the proposed agreement renewal with the Gilroy Golf and Country Club. He noted that the only change in the proposed agreement was on Page 4 re: 1st Quarter or Monthly to City for Fiscal Year 79-80 noting that same was approved by the Committee and Golf Course Board of Directors. Motion was made by Councilman Taylor seconded by Councilwoman Hughan and carried that the agreement as presented which includes the change on Page 4 as noted be approved. Sewer Adv. Com. City Administrator Wood reported on behalf of the Sewer Advisory Committee in regard to a proposed Odor Control Project, noting that the Committee would report to Council on what project will be pursued. ..... Ord. #79-30 ....... ...... San Felipe Tours -- He further presented an emergency ordinance providing for Revenue Bonds. Motion was made by Councilman Link seconded by Councilman Taylor that the reading of emergency ordinance No. 79-30 be waived and that it be adopted. ORDINANCE NO. 79-30 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF REVENUE BONDS PAYABLE SOLELY FROM THE REVENUES OF THE CITY SEWERAGE WORKS AND SYSTEM TO PROVIDE FUNDS FOR THE ACQUISITION, CONSTRUCTION AND FINANCING OF ADDITIONS, EXTENSIONS, REPLACEMENTS AND IMPROVEMENTS THERETO; REGULATING THE ISSUANCE OF SAID BONDS; AND PROVIDING FOR THEIR PAYMENT AND THE RIGHTS AND REMEDIES OF BONDHOLDERS THEREOF. PASSED AND ADOPTED this 17th day of December, 1979, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE City Administrator Wood presented a proposed ordinance to be known as the Sewer Revenue Bond Ordinance for introduction. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the reading of the proposed Sewer Revenue Bond Ordinance be waived and that it be introduced and published by title and summary. Councilwoman Hughan inquired of interest in a tour of the San Felipe Tunnel Water Project site. She advised that Mr. Bill Hart is in charge of same. ,~~'t"""---"""-'....,__r...'l'_'~'''' ..,...............-..~...-.v- _:,,~.,.'''''' ,-__... ,,~. .,..~ '''__,~' ..,~".v,_"" 4332 County Transit Councilwoman Hughan noted that the new Mercedes Buses of the System County Transportation Commission are now available to South County for dial-a-ride. She noted that one of said buses was in the City Hall parking lot for viewing this evening. ....'p, Councilwoman Hughan recommended that a letter of condolence be sent to retired Councilman Childers. Council concurred. Condo-Conver- Councilman Cunningham inquired of the proposal for condominium sions conversion requirements. Planning Director Dorn noted that this matter is scheduled for the January 23, 1980, Planning Commission Meeting prior to Council discussion on same. .-.. IIiIroolliil Santa Clara Co. City Administrator Wood presented booklets of the Santa Clara Heritage County Heritage Commission to each Council Member. Commission Sewer Inter- ceptor Proj. Delinquency Grant-Res. #79-113 City Administrator Wood recommended change order approval in regard to the Sewer Interceptor Line Pnoject. He noted a recommenda- tion for an addition of $4,889.00 and two (2) deletions 1) $36,076.00 for boring and jacking at Miller Slough and 2) $45,654.00 for boring and jacking in the vicinity of Leavesley Road. Moti on was made by Council man Li nk seconded by Council man Pate and carried that the addition and two deletions for the Sewer Inter- ceptor Project change orders be approved as outlined. City Administrator Wood presented a resolution in regard to a Delinquency Grant in the amount of $56,000.00. Motion was made by Councilwoman Hughan seconded by Councilman Taylor that the reading of Resolution No. 79-113 be waived and that it be adopted. RESOLUTION NO. 79-113 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING FILING OF APPLICATION FOR GRANT FOR LAW ENFORCEMENT PURPOSES. PASSED AND ADOPTED this 17th day of December, 1979, by the following vote: AYES: ..... ..... NOES: ABSENT: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, TAYLOR and GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE LINK, PATE, Jt. Plan.Com./ The Mayor noted the Joint Planning Commission/Council Study Council Meet. Session of January 28, 1980, at 8:00 p.m. re: County Industry & Housing Management Task Force. Dept. of Com. re: rent present City Hall Adjournment City Administrator Wood noted that the County Department of Communications has inquired of the possibility of leasing the present Public Works' Office when the City moves their offices to the new City Hall. Council noted that they desired to decide what is intended for the present City Hall rather than leasing certain portions of same. At 10:41 p.m., the Mayor adjourned the meeting. Respectfully submitted, ;4~Cl~rk. ~~ ...... - -- -