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Minutes 1972/07/17 3368 Roll Call Consent Calendar Pub. Hear. re: Ronan Ave.- S. Chestnut St. Proj. 71-1 Gilroy, Cal ifornia July 17, 1972 The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:04 p.m. ..... Present: Council Members: George T. Duffin, John Hughan, John E. Pate, Anthony C. Silva, David V. Stout and Norman B. Goodrich. ... Absent: Council Member: Fred P. Batrez The Mayor advised the audience that the Consent Calendar matters will be adopted in toto by one action of the Council unless anyone had any question or wished to make a statement in regard to same. There was no comment from anyone present. Motion was made by Councilman Hughan seconded by Councilman Duffin that the following items on the consent calendar be approved. Passed and adopted by the following Roll Call Vote: Ayes: Council Members: Duffin, Hughan, Pate, Silva, Stout and Goodrich. Noes: Council Members: None. Absent: Council Member: Batrez. ..... I .... Consent Calendar Items: Council Minutes of the July 3, 1972, and July 10, 1972, meetings; Salary merit step increases for the following two city employees to become effective August 1, 1972: Joseph Amelio, Police Cadet - Range 20, from Step IWI ($449) to Step "BII ($472) and Gi lbert Horta, Pol ice Patrolman - Range 31, from Step "C" ($~46) to Step IIDII ($888); Set publ ic hearing date of August 7, 1972, on appl ication of S. S. Filice, A.J. Filice, and O.J. Erena to prezone from "l-Z" to IIR_11I District on property located on the east side of Murray Avenue approximately 450 feet north of Leavesley Road,; Approved agreement with County of Santa Clara for Exchange of County Gas Tax Funds, $5,550.85 (95%) for City Topics Funds, $5,843.00 (1971-72 apportionment); Set public hearing date of August 7, 1972, on second appl ication of Ben "Morton to rezone from "R-111 to "R-311 on 12+ acres and IIC-l" District on 8+ acres, containing a total of 20+ acres located at the northwest corner of Kern Avenue and First Street, recommended by the Planning Commission at their July 6,1972, meeting IIC_111 on the southwest corner and Staff to work out recommendation on remaining property; and approved annual agreement with County of Santa Clara for use of Jail Facilities authorizing Mayor to execute same on behalf of the Ci ty. ~ ! ... The Mayor stated that it was the time and place scheduled for the continued Public Hearing on the proposed IIRonan Avenue - South Chestnut Street Project 1971-1 Assessment District". Mr. Philip D. Assaf, Attorney, noted that in the event Council- man Batrez participates in the action of the Council following the public hearing that he would be required to take this Continued Public Hearing under advisement by listening to the recording tape and minutes of same prior to acting upon thIs Assessment District. Mr. Assaf also noted that this was a continued public hearing and that all required notices had been posted supported by an affidavit of same on file in the office of the City Clerk and recommended that the recording tapes of the July 3 and 10, 1972 meetings and this meeting, be a part of the offical records of the Council. The Mayor so ordered said recording tapes of the July 3, 1972, and July 10, 1972, Council Meetings and this meeting to be a part of the official records of the Council. City Administrator Wood noted that the publ ic hearing was con- ~ tinued in order to determine if the property owners south of Tenth Street on Chestnut Street would dedicate the required land necessary ... for the City to construct that portion of the street and recommends that the Mayor inquire of these property owners if they have had full opportunity to study this alternate proposal of the Council. The Mayor asked if anyone from the audience owning property on Chestnut Street south of Tenth Street wished to speak in regard to this matter. Mr. Frank Borelli, Jr., addressed the Council and noted that ... he is in agreement with the City's alternate proposal that the City ... 3369 construct Chestnut Street from Tenth Street, with the property owners dedicating the land required for same; however, opposed to the property owners being required to pay back the street construction costs at the time the property develops. .....,...,M Mr. Stuart Fletcher addressed the Council and inquired of the location of the sewer 1 ine proposed to be constructed within the pro- posed Assessment District and noted that same should be to the easterly portion of the properties south of Tenth Street. Director of Public Works-City Engineer Henry noted that the proposed location of the sewer line is in accord with the City's policy to install same on the street that front said sewer line and that Chestnut Street is the only street proposed within this assessment district. ..... Mr. Phil Assaf noted that it is possible that there will be other streets in the proposed area at a future date, but at the present time, Chestnut Street is the only street proposed at this location and that the City has no way of determining the location of other streets within this area at the present time. The City Engineer explained the front foot off-site sewer cost and on-site sewer fees based upon acreage required only at the time the property develops. .Mr. Fletcher inquired of his assessment charges vs. Mr. Roy Uyeno's assessment. Mr. Fletcher also inquired why Alexander Street was not improved when there was a two-acre complex at the end of said street. Director of Public Works-City Engineer Henry noted that Mr. Hirasaki has a yearly bond on file with the City which is renewed annually in regard to same. ,f!IIf?-C-',"", Mr. Fletcher noted that he did not agree with the appraisal of his property because of the severance damages which was offered for construction of the proposed assessment district. Staff noted that Mr. Fletcher1s property is severed and will cause two economical sites for development; that the appraisal of his property was based upon this theory. City Administrator Wood further noted that these appraisal figures are subject to negotiation and condemnation proceedings which are not part of these proceedings at this meeting. ....... Mr. Fletcher inquired of the proposal if any of the City im- proving Banes Lane if the assessment district is approved. City Ad- ministrator Wood noted that in the event there was a need for same that he would recommend that maintenance of said street be put under the Cityls oil and screenings program and possibly further improving said street some time in the future if it were a problem area. Mr. Fletcher noted that in connection with the City extending the water line that he would require two valves for same on his property. Mr. Fletcher noted that the improvement of Ronan Avenue and of Chestnut Street should not be included under the same Assessment District; that the properties are not benefitted equally and that they should be separate assessment districts. \"""".. Director of Public Works-City Engineer Henry noted that the majority protests are based on land area; that there is an advantage for including both improvements under one assessment district parti- cularlyon the construction bid received due to more quantities and a more favorable bid and the bid for the Assessment Bonds would be at a lower interest rate. He noted that this larger project would benefit both districts, but that primarily, they would be two different assess- ment districts under one proceeding. This provision for including more than one project under one assessment district was further explained by Mr. Phil Assaf, attorney, noting that the City Charter provides for this 1913 Improvement Act and Issuance of Bonds under the 1915 Act. Mr. Fletcher noted that Ronan Avenue and Chestnut Street should not be under one assessment district due to the extra terri- torial jurisdiction rights granted the City by the County for the Chestnut Street portion. Mr. Phil Assaf explained that there was no extra territorial jurisdiction in connection with the Ronan Avenue portion of the proposed project. 3370 M. Infante re: Use of Sep- tic Tanks- Mesa Rd. ,.v- Director of Public Works-City Engineer Henry noted that the reason that the first request for extra territorial jurisdiction before the Board of Supervisors was not granted was due to an alignment change on the Brem parcel and that the second time the matter was dropped was at the City's request due to a Budgetary reason. .. The Mayor asked Mr. Fletcher if he is in accord with the Cityls alternate proposal that the City construct Chestnut Street from Tenth Street with the property owners dedicating the land required of same. .. Mr. Fletcher noted that he was in agreement with Mr. Borelli1s comments. Mr. Philip Assaf noted that the City was never refused extra territorial jurisdiction rights by the County of Santa Clara. ... 11IIIII Mr. Frank Borelli, Jr., addressed the Council and inquired if the four (4) property owners south of Tenth Street on Chestnut Street could come up with an agreement, will the street be constructed? Mr. Borelli requested a meeting with these four property owners prior to Council acting upon the proposed assessment district. Mr. Roy Uyeno addressed the Council noting that he was in favor of the Council's alternative to formation of said District with the City advancing the funds at the present by constructing said portion of South Chestnut Street from Tenth Street. Mr. Uyeno expressed his need for extending his agricultural water system to both sides of the proposed South Chestnut Street Extension, crop damage and need for a tractor crossing. Council noted that the City is aware of said needs and will allow for same if said District is formed. Mr. Joseph Mondelli, addressed the Council and was informed that he would receive approximately $162.00 credit as a result of,a previous assessment district (Eighth Street Improvement District). Director of Publ ic Works-City Engineer Henry explained the new proposed alignment of the street to preserve the trees previously spoken about in connection with Mr. Porcella's property. Mr. George Porcella addressed the Council and noted that he was satisfied with the realignment of said portion of the assessment district. ... .. Director of Publ ic Works-City Engineer Henry informed Mr. Porcella that if he is interested in the installation of a sidewalk along his property that he could contract with the City1s contractor at the same unit costs as the City's bid prices. Mr. Porcella con- curred with same. The Mayor asked if there was any further comment from anyone in the audience. There was no comment from anyone present. Mr. Phil Assaf asked if there were any further written pro- tests received in regard to the proposed asseS9ment district. The City Clerk stated that no further written protests had been received. The Mayor declared a recess of the Public Hearing at 9:24 p.m. Council continued with further business on the Agenda in order for the property owners south of Tenth Street on Chestnut Street to discuss the City1s proposal in regard to the assessment district of the City installing that portion of South Chestnut Street south of Tenth Street and the property owners paying for same at the time said property is developed. ... A letter from Mr. Manuel Infante was presented further re- questing use of septic tanks on two (2) building sites off Mesa Road, previously denied by Council on June 19, 1972. A letter from the Santa Clara County Health Department in regard to same was noted. .. Mr. J. B. Howard, Realtor, speaking on behalf of Mr. Infante addressed the Council and explained Mr. Infante1s request for use of septic tanks. IIlII Mr. Infante addressed the Council and further explained his request. .. 3371 Discussion was had in regard to same, and recommended by the Director of Public Works that said situation was considered a hardship. Motion was made by Councilman Hughan seconded by Councilman Duffin and carried that the request for use of septic tanks on the building sites off of Mesa Road requested by Mr. Infante be denied. "-..-.-..," Hecker Pass 72-4 A petition from property owners requesting annexation of unin- Anrex. habited territory containing 7.169 acres was presented, located on Ord. #962 the north side of Hecker Pass Highway abutting the north side of Tract 4667 and El Dorado Drive to be known, as "Hecker Pass Annexation 72-4 to the City of Gilroy." City Administrator Wood explained the location of said annexation. ~"...;,,,,,, The City Attorney presented and read the title of Ordinance No. 962 annexing said territory to the City of Gilroy. Motion was made by Councilman Pate seconded by Councilman Hughan that the reading of Ordinance No. 962 be waived and that it be adopted. ORDINANCE NO. 962 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATI ON THERETO OF CERTAIN UNINHABITED TERRI- TORY DESIGNATED AS "HECKER PASS ANNEXATION 72-4 TO THE CITY OF GILROyl1 AND FOR THE INCORPORATION OF SUCH ANNEXED TERRITORY IN AND AS A PART OF SUCH MUNICIPALITY FOR THE GOVERNMENT AND MUNICIPAL CONTROL THEREOF. PASSED AND ADOPTED this 17th day of July, 1972, by the following vote: AYES: COUNCIL MEMBERS: DUFFIN, HUGHAN, PATE, SILVA, STOUT, AND GOODR I CH COUNCIL MEMBERS: NONE COUNCIL MEMBER: BATREZ NOES: ABSENT: Res. #1664 Removing from Rural Fire District Resolution No. 1664 was presented removing said annexation from the ~ilroy Rural Fire District. Motion was made by Councilman Pate seconded by Councilman Silva that the reading of Resolution No. 1664 be waived and that it be adopted. ~."..~ RESOLUTION NO. 1664 ....".,"" RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY WITHDRAWING FROM THE GILROY RURAL FIRE DISTRICT TERRITORY THEREIN RECENTLY ANNEXED TO THE CITY OF GILROY UNDER THE DESIGNATION IIHECKER PASS ANNEXATION 72-4 TO THE CITY OF GILROy.1I PASSED AND ADOPTED this 17th day of July, 1972, by the following vote: AYES: COUNCIL MEMBERS: DUFFIN, HUGHAN, PATE, SILVA, STOUT, and GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBERS: BATREZ NOES: ABSENT: Ronan-S.Chestnut The Mayor reconvened the public hearing re: Ronan Avenue - St. 71-1 Pub. South Chestnut Street Project 1971-1 Assessment District at 9:40 p.m. Hear. cont,d The Mayor asked for someone of the four (4) property owners south of Tenth Street on Chestnut Street if they wished to speak in regard to said proposed assessment district. ..f;---""'~ Mr. Stuart Fletcher addressed the Council on behalf of Sarah Brem inquiring of the pump on her property when the entire 86 foot street is constructed. The City Engineer informed Mr. Fletcher that it will not be in the ultimate alignment of South Chestnut Street proposal. Mr. Fletcher further inquired of the development costs to the property owners when the property on South Chestnut Street is developed. The City Engineer explained the front foot cost for the existing sewer line (to be constructed if the proposed assessment district is formed); sanitary sewer fees of 2~c per sq. ft. of the build- ing or $160.00 per lot whichever is greater, storm drainage fees at $500.00 per acre and the off-site water fees at $360.00 per acre. Mr. Frank Borelli, Jr., addressed the Council and noted that he would at this time be in accord with the City's alternate proposal for the property owners to dedicate the property required by the City to construct that portion of South Chestnut,Street from Tenth Street 3372 ;;. at the City's expense and that it is understood that the property owners will be required to pay for said street and other development costs at the time said property is developed. It was noted that Mr. Borelli's assessment payment at the time the property develops is $18,918.99 and that said payment does not include the sanitary sewer costs not included in said assessment district; said sanitary sewer costs to be paid at the time the property develops and said costs to be at the City's current sanitary sewer costs per front foot at the time of development. Discussion was had in regard to the Cityls development fees, specifically the off-site fees, for paying the cost of City sewer lines then constructed or already constructed at a prior date by the City, noting that the development fees for same would be the current fees governed by the ordinance in effect at the time property develops re- gardless of the fees in effect at the time the said sewer line is installed. ... .... IIIIlI Motion was made by Councilman Hughan seconded by Councilman Duffin and carried that the public hearing be closed. ...... Mr. Philp O. Assaf, attorney, recommended that the Council take the matter under consideration in order to obtain the dedication of the property required on South Chestnut Street for the City to con- struct said portion of saJd street. Motion was made by Councilman Stout seconded by Councilman Pate and carried that the City take the matter under consideration in order to obtain the dedication of the J property required on South Chestnut Street for the City to construct said portion of said street, as recommended. At 10:00 p.m., the Mayor declared a recess. At 10:10 p.m., the Mayor reconvened the meeting. Gilroy Cable TV A supplemental Report distributed with the Agendas from Frank Caliri, owner of Gilroy Cable TV, was noted requesting a rate increase and change. Jt. M.H.-Gilroy Sewer line Mr. Frank Caliri addressed the Council accompanied by his accountant and further explained said Supplemental Report. DiscussiJo was had in regard to same. Council continued said request to the August 7, 1972,regular meeting of the Council in order for Council to have additional time to further study said proposal. ... ..... City Administrator Wood presented a letter from Mr. Albert A. Allemand, et al, in regard to a Sewer Easement for the Joing Morgan Hill-Gilroy sewer line. Discussion was had in regard to same. The matter was referred to the City Attorney for a legal opinion on same. Muscular Dystrophy A letter from the Muscular Dystrophy Association was pre- Solic. sented requesting permission to conduct their annual fund drive during November, 1972. Council had no objection to said request. S.C.Co. Trans. Pol icy Com. Stone & Young- berg Finance Letter The Minutes of the Santa Clara County Transportation Policy Committee meeting of June 14, 1972, were noted. A Municipal Financing Letter from Stone and Youngberg, dated July 7, 1972, was noted. Industrial Dev. An invitation from the Industrial Development Club for a Con-' Club ference on August 3, 1972, was noted. Letter of com- mendat i on- G i 1 roy P. D. Plan. Com. Report 7-6-2 ... A letter from the Commission on Peace Officer Standards and commending the Gilroy Police Department was noted. .... The Report of the Planning Commission Meeting of July 6, 1972, was noted. The Tentative Map of Filice and Ereno was presented and explained. Discussion was had in regard to said map. Motion was made by Councilman Pate seconded by Councilman Silva and carried that the Director of Public Works be instructed to attempt to work out a solu- tion with P. G. & E. in regard to the existing P. G. & E. tower within the proposed tentative map. .. .... 3373 Pre-Delinquency City Administrator Wood reported on the Pre-Delinquency Program Program Referral Fees. Discussion was had on the City proposal in regard to a contribution of funds to assist the SCADAPS organization. Councilman Hughan noted that Mr. Jim Zizzo had no objection to the City participating in same after said organization had been federally _ funded and indicated that he would contact the City Administrator in this regard, and that this matter could be tabled to the next meeting for act ion. "'".,.,."tiI J. Falcone appeal [-. -""" Plan. Po 1 icy Com. Gen. Plan City Administrator Wood presented and read an appeal from Mr. John Falcone in regard to the Planning Commission's decision to deny a triplex use on his property at 7562 Forest Street. The City Attorney advised that said matter be considered a new application due to the change in original plans previously acted upon by the Commission. Council referred the matter to the Planning Commission as Mr. Falcone indicated that he had a revised plan to be presented. Staff noted that this matter would have to considered as a new appli- cation before the Planning Commission. City Administrator Wood presented a Report on the construc- tion of the Planning Policy Committee. City Administrator Wood ex- plained the matter and was instructed to determine if Commission Chiesa would be in accord with continuing to be one of the Cityls representa- tives on the sub-committee of the Housing Advisory Committee. Council- man Hughan indicated that he would continue to be the City's voting member on said Committee. Councilman Pate suggested that the Planning Commission appoint an alternate representing their Commission on the Planning Policy Committee. The Mayor inquired of the progress of the Planning Commission and Council Committee for updating the General Plan. Staff noted that the Planning Commission is studying same. Sr. Bldg. Insp. City Administrator Wood recommended approval of Salary Salary Range, Range 34.5 at Step C, $1,003 per month for the new Senior Building etc. Inspector. Motion was made by Councilman Pate seconded by Councilman Silva and carried that the beginning salary for the new Sr. Building Inspector, C. Mel Clement, be approved as recommended by the City Admin i strator. 1""""'- .. . Salary Merit Increases- PEP Personnel Library Bond Debt Servo -- I .... Execu t i ve Session City Administrator Wood recommended approval of the follow- ing Merit Step Salary Increases to become effective August 1, 1972, for PEP Personnel: Arturo Amaro and Morris McHenry - Firemen Appren- tices; and John Jeske - Engineer Trainee, Range 22.5 from Step "AII $507 to Step "B" $533; Kathy Campbell, Clerk Typist Trainee - Range 18 from Step IIAII $407 to Step "B" $427; Albert Frugoli, Salvador Romero and Merced Sal inas, Uti 1 i tymen Trainees at Range 20 from Step IIAII $449 to Step "B" $472. Motion was made by Counci lman Pate seconded by Councilman Silva and carried that the Salary Merit Increases for the PEP Personnel be approved as recommenderl. City Administrator Wood presented a report on the Library Bond Debt Service. Motion was made by Counci lman Hughan seconded by Courc i 1- man Duffin and carried that the Board of Supervisors be required to amend the agreement to provide for County payment of these interim funds (prior to construction) as recommended. City Administrator Wood presented a request for an Executive Session to advise Council on the status of the current Meet and Confer Session. The Mayor noted that same would be discussed at the comple- tion of those items on the Agenda. Study Sessions City Administrator Wood requested two Study Sessions; one at 4:00 p.m. on July 19, 1972, to hear Colonel Lammi 1 , U. S. Army Corps of Engineers, explanation of the policy, procedures and available fund- ing for flood control purposes regarding the Uvas Creek Flood Control Works and the second study session with the City Council of Morgan Hill on July 24 or 31, at 7:00 p.m. to study and review the Regional Waste 3374 1211 Water Mont. St. change Water Trefltmen t Master ~ Plan ,prepared by Consoer Townsend. Counc i 1 indicated that they would be in accord with the work study meetings and that July 31, 1972, with Morgan Hill City Council was satisfactory. Main re: A report on the extension of the 12" water main southerly 600 Inter~ feet to serve the proposed Standard Oil Service Station at the new Monterey Road interchange was presented and explained. Council agreed that this proposal would be acceptable. Cooperative Agree. Director of Public Works-City Engineer Henry requested ap- re: Co. Chip proval of a cooperative agreement with the County of Santa Clara Sealing cer- for Chip Sealing Various streets within the city limits. Motion tain sts. was made by Councilman Duffin seconded by Councilman Silva and carried that said cooperative agreement with the County of Santa Clara be approved and that the Mayor be authorized to execute same on behalf of the City. Housing Adv. Com. Sub- Com.Minutes Truck Route Intra. Jr. Plan. Ass't Well Levels City BBQ Adjournment Councilman Hughan noted the minutes of the Housing Advisory Committee Sub-Committee in regard to dwelling units federally assisted in G i 1 ray. Councilman Stout noted a complaint of the Greyhound Bus Lines and other trucks using Alexander Street instead of the Designated Truck Route on Railroad Street. Staff instructed to notify the Grey- hound Bus and investigate the other trucks using same. City Administrator Wood introduced Mr. Scott Lefaver, Temporary Planning Assistant for the City. Director of Public Works-City Engineer Henry reported on the ndition of the City1s well levels and suggested recommendations to conserve water. Motion was made by Councilman Pate seconded by Council- man Stout and carried that the Mayor be authorized to approve Staff recommendation regarding Well #5 in the event it becomes necessary to lower the bowels at said location prior to Council action. Staff noted the annual city barbecue at the Gilroy Golf and Country Club on July 29, 1972. At 11:45 p.m., the Mayor adjourned the meeting to an Executive Session requested by the City Administrator. At 12: 12 a.m., July 18, 1972, the meeting was reconvened and further a:ljourned. Respectfully submitted, dUi7r.,J ~d~j: City Crerk