Minutes 1976/04/05
Roll Call
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3791
April 5, 1976
Gilroy, California
The Regular Meeting of the Gilroy City Council was called to order
by His Honor Mayor Norman B. Goodrich at 8:03 p.m.
Present: Council Members: William E. Childers, Dennis L. DeBell,
George T. Duffin, f'1arion T. Link, John E. Pate and Norman B. Goodrich
Absent: Council Member: David V. Stout
Res. #76-14 re: The City Attorney presented and read a resolution Honorinq Sergeant
J. Calvino James J. Calvino, retiring from the Gilroy Police Department after fifteen
(15) years and three (3) months of City service. Motion was made by Council-
man Childers seconded by Councilman Link that Resolution No. 76-14 be adopted.
'fJl;.......a,f
Promotion-
D. Renvi II e
Consent
Calendar
Minutes
Pub. Hear.
Rezoning-
Cecil i an &
Morre 11
Ord. #76-6 re:
Fences
-
Damage Claim-
Thriftimart
--
Sa 1 ary Merit
Step Inc.
Pub. Hear.
Variance-Po
Cordich
RESOLUTION no. 76-14
RESOLUTION OF THE GILROY CITY COUNCIL COMMENDING THE SERVICES OF GILROY
POLICE SERGEANT JAMES J. CALVINO UPON HIS RETIREMENT.
PASSED AND ADOPTED this 5th day of April, 1976, by the following vote:
AYES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Link, Pate and Goodrich
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBER: Stout
The Mayor presented Sergeant Calvino with a copy of said resolution
and a gi ft.
The Mayor noted the promotion of Dan Renville, Police Cadet to Police
Patrolman.
Motion was made by Councilman Pate seconded by Councilman DeBell
that the following items under the Consent Calendar be adopted by the follow-
ing Roll Call Vote: AYes: Council t~embers: Childers, DeBell, Duffin, Link,
Pate and Goodrich; Noes: Council Members: None; Absent: Council Member:
S to u t .
Approved the Minutes of the Regular Meeting of March 15, 1976~
re: Set April 19, 1976, as a Public Hearing date on a rezoning request
of petitioners, Doctors Morrell and Cecilian, for property located at 1335
First Street from P-O (Professional Office) to C-1 (Neighborhood Commercial)
District.
Adopted Ordinance No. 76-6 Amending Section 6.6 Relating to Fences.
ORDINANCE NO. 76-6
AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 6.6 OF THE GILROY CITY
CODE RELATING TO FENCES.
PASSED AND ADOPTED this 5th day of April, 1976, by the following vote:
AYES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Link, Pate and Goodrich
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Stout
Denied a Damage Claim of Thriftimart, Inc.
Approved a Salary Merit Step Increase for Michel Bedaux, Planning
Director, Range 39 from Step D to Step E, $1,687.
re: The Mayor stated that it was the time and place scheduled for a
hearing to consider an appeal on the decision of the Planning Commission
regarding denial of a variance to petitioner, Pamela Cordich, to allow an
office for practicing electrolosis in an R-1 (Single Family Residence) Dis-
trict located at 7861 Princevalle Street, Gilroy.
Mrs. Pamela Cordich addressed the Council and withdrew her appeal.
3792
Motion was made by Councilman Pate seconded by Councilman Chiders
and carried that the public hearing be closed.
Res. #76-15 The City Attorney presented a Resolution concurring with the Planning
Commission's decision on said matter. Motion was made by Councilman Pate
seconded by Councilman Childers that the reading of Resolution No. 76-15
be waived and that it be adopted.
re: The Mayor stated that it was the time and place scheduled for a
Public Hearing on the request of Petitioner, D & S Homes for a Planned
Unit Development located at the northeast corner of I.O.O.F. and Murray
Avenues. Planning Director Bedaux explained the proposed Planned Unit"
Development request. Discussion was had by Council. Director of
Public Works-City Engineer Hansen spoke in regard to the proposed
street widths within the proposed Planned Unit Development. The Mayor
asked if there was anyone in the audience wishing to speak for or agqirst
the proposed Planned Unit Development Proposal. Mr. Harvey Shean,
representing D & S Homes addressed the Council and further explained the
proposal. Motion was made by Councilman Link seconded by Councilman
Childers and carried that the Public Hearing be closed.
Res. #76-16 Resolution No. 76-16 approving the Planned Unit Development
was presented for adoption. Motion was made by Councilman Duffin
seconded by Councilman Pate that the reading of Resolution No. 76-16
be waived and that it be adopted.
Pub. Hear.
Prezoning-
So. Co.
Castlewood
Pub. Hear.
PUD - D & S
Homes
Adam IS 4-H
Club
RESOLUTION NO. 76-15
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AFFI~ING ON APPEAL RESOLU-
TION NO. 76-2 OF THE PLANNING Cm1r1ISSION DENYING A VARIANCE TO ALLOW AN
OFFICE FOR PRACTICING ELECTROLOSIS IN AN R-1 (SINGLE FAtlILY) ZONE AT
7861 PRINCEVALLE STREET.
PASSED AND ADOPTED this 5th day of April, 1976, by the following vote:
AYES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Link, Pate and
Goodrich
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBER: Stout
..-..-
-
re: The Mayor stated that it was the time and place scheduled for a
Public Hearing on a prezoning request of Petitioner, "South County
Castlewoodll from 1-Z upon annexation to R-1, containing 43.5 acres.
Planning Director Bedaux addressed the Council and explained the pro-
posed prezoning request and its location. The Mayor asked if there was
anyone in the audience wishing to speak for or against the prezoning
request. There was no comment from anyone in the audience. ~,10tion was
made by Councilman Duffin seconded by Councilman Childers and carried
that the Public Hearing be closed. Motion was made by Councilman Pate
seconded by Councilman Link and carried that a proposed ordinance pre-
zoning said property be introduced and the reading waived and that it
be Jpublished by title and summary.
..
-
RESOLUTION NO. 76-16
RESOLUTION OF THE CITY OF GILROY APPROVING A PLANNED UNIT DEVELOPMENT
PERMIT, SUBJECT TO COMPLIANCE I~ITH THE PLANS, SPECIFICATIONS AND DESltlNS
FILED WITH THE APPLICATION AND THE CONDITIONS IMPOSED HEREIN, FOR
DEVELOPMENT OF THAT 9.593 ACRE PARCEL LOCATED AT THE NORTHEAST CORNER
OF I.O.O.F. AVENUE AND MURRAY AVENUE.
PASSED AND AODPTED this 5th day of April, 1976, by the following vote:
AYES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Link, Pate and
Goodrich
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBER: Stout
""""""
~, .>0Y
The Mayor deviated from the Agenda in order to accommodate the
Adam's 4-H Club members present in the audience.
Mr. Alex Larsen, Preseident of the Adman's 4-H Club addressed the
Council and requested permission to conduct a City Flag Contest in con-
nection with the Bicentennial Celebration and painting same upon the
intersection pavement at r~onterey and Sixth Streets. Discussion was had
on the matter. Motion was made by Councilman Pate seconded by Councilman
Link and carried that the request be approved subject to the 4:H C1ub
conferring with Staff to attempt to work out a Solutlon for malntalnlng
said flag.
PUD Extn.
(Kawano)
Santa
Teresa Lns.
Rezoning -
T. Ru i z
_ Appeal
So.S.C.Valley
Water Cons.
Dist.
P & R Com.-
F.Serrano
Gilroy Golf
......, & Country
Club
- Property
Damage
Claim
"1
3793
The Mayor noted a request for an additional hearing on Santa Teresa
Lanes (Kawano) Planned Unit Development Extension. Mr. Brian Cunningham,
attorney representing Mr. Tom Kawano, addressed the Council and explained
that a previous extension request was in regard to Section when, in fact,
said proposal was under a Planned Unit Development expiring April 6, 1976,
and a one (1) year extension under this Planned Unit Development is now
requested. Motion was made by Councilman Link seconded by Councilman
Childers and carried that a one (1) year extension on said Planned Unit
Development be approved expiring April 6, 1977.
The Mayor noted an appeal to the Planning Commission's Decision on
an application for a Zoning Change of Mr. Thomas Ruiz. Planning Director
Bedaux noted that he was not aware that Council would act upon this request
at this meeting and requested tabling said matter in order for Staff to
present a report on the Planning Commission's denial of said application.
Mr. Brian Cunningham, attorney representing Mr. Ruiz, addressed the
Council and explained said proposed rezoning. Mr. Thomas Ruiz addressed
the Council and further explained his reasoning for the requested rezoning.
The Mayor suggested that the matter be tabled to the April 19, 1976, Regular
Council Meeting in order for Staff to present a report on said application
for Council review of same. Motion was made by Councilman Pate seconded
by Councilman Childers and carried that the matter be tabled to the April
19, 1976, Regular Council Meeting.
The Mayor noted a request of the South Santa Clara Valley Water
Conservation District requesting to be heard on the proposed Wastewater
Reclamation Project.
t~r. Alfred Angelino addressed the Council in regard to said Project.
r1r. Lloyd Fowler, Project Engineer addressed the Council in regard
to said project.
Mr. Fowler introduced Mr. Courtland M. Rush, Director; ;John Bodeaux,
Operations and Maintenance Activities Administrator; Ron Johnson, in charge
of Daily Collections; Mr. Bill Roman, Project Engineer; Tom Shean, Consul-
tant Geologist from the firm of Brown & Caldwall; and Mr. Tom Imamura, Staff
Geologist.
~1r. Angelino presented a report of the Wastewater Reclamation Project
and the Mayor requested that sa~e be reproduced for Council distribution.
Mr. Lloyd Fowler presented a report on said Project and distributed
copies to each Council Member.
A letter of resignation from Mr. Floyd Serrano, Parks and Recreation
Commissioner, was noted. Motion was made by Councilman Pate seconded by
Councilman Link and carried that Mr. Serrano's letter of resignation be
accepted with regrets and that a letter of appreciation for his services
be forwarded.
The Mayor noted that a replacement for the unexpired term of Mr.
Floyd Serrano is expected to be appointed at the next regular Council Meeting.
A proposal from the Gilroy Golf and Country Club was noted for their
requests in the 1976-77 Budget.
The Mayor noted a request of Mr. Robert Echt in regard to damages
to his pickup truck while parked at the City Corporation Yard during his
working hours on a Saturday. Mr. Echt addressed the Council and further
explained his request. Discussion was had on the matter.
Council referred same to the City Administrator and City Attorney
to review the City's insurance policy to determine if said claim could be
covered under said policy.
3794
Industrial
Dir.Agree.
A report from Mr. Raymond Ball, Industrial Director, was noted
requesting termination of the agreement and continuing working as
Industrial Director on a month-to-month basis as of May 1, 1976. Mr.
Ball addressed the Council and further explained his request. City
Administrator Wood noted that Mr. Ball's services have been outstand-
ing. It was noted that the Agreement could be revised at the end of
the six (6) months period expiring May 1, 1976.
Prop. No.1 A Request of Californians for Progress in Education regarding
endorsement of Proposition No. 1 was noted. Council took no action
and tabled said request. ....
Prop. No. 2
Temp. 'JTrai 1 er
Permit-
J.Alonzo
LAFCO Sphere
of Influence
Measure A
Plan. Com.
Report
3/18/76
P & R Com.
Meet.
3/23176
A request of the Citizens for Cal~Vet Housing requesting
endorsement on Proposition No.2 was noted. Council took no action
and tabled said request.
-
A request of Mr. John Alonzo for a trailer permit in an R-3
District at 544 East Sixth Street was noted. Discussion was had on
the matter. Council tabled said request to the next regular Council
Meeting in order to attempt to obtain additional information from Mr.
Alonzo in regard to said request. It was noted that Mr. Alonzo was
notified in writing of this meeting; however, he was not present in the
audience.
City Administrator Wood explained the Santa Clara County Local
Agency formation Commission Sphere of Influence - Resource Conserva-
tion Districts, and Report of Same submitted by Santa Clara County
Association of Resource Conservation Districts, dated February, 1976.
It was noted that Mr. Alfred Angel ino had :previously expressed an
interest in this matter; however, Mr. Angelino was not present at this
time. Council tabled said matter to the next regular Council Meeting
of Apri 1 19, 1976.
-
At 10: 15 p. m., the Mayor excused Council man Ch il ders from the ,""",",
Council Meeting.
A letter from the Board of Supervisors in Appreciation of Suppprt
on Measure A was noted. .
The Report of the Planning Commission Meeting of March 18, 197p,
was noted.
The Minutes of the Parks and Recreation Commission t~eeting of
March 23, 1976, were noted.
Parks and Recreation Director Ayer explained the Community Center
Programs and Activities and requested approval of the Community Center
Scheduling Policy. Discussion was had on the matter. Council indicated
that it was their desire that requests from organizations using the
Center first be approved by the Senior Citizens' Advisory Board and
referred by their minutes to the Parks and Recreation Commission for
their approval and any appeals would be determined by Council. Council
requested that the Parks and Recreation Director and City Administratpr
review the proposed Community Center Use Facility Policy to include
Council's discussion on the matter and refer the final draft to Council
for approva 1.
....
\i;,...,.,;;;~
Personnel Com. The Report of the Personnel Commission Meeting of March 24, 1976,
Meet. was noted.
3/24/76
Lib. & Cult.
Com. Meet.
3/2/76
The Minutes of the Library and Culture Commission Meeting of March
2, 1976, were noted.
Monthly Report
January' 76
Disbursements
Merit Step
Increases
~,oM ,
, .""
3795
The Summary of the monthly reports of January, 1976, were noted.
City Administrator Wood noted that the unmetered City water reported was
in error and that he would attempt to determine the correct figure and
report to Council at the next regular meeting.
The Report of Si bursements from r~arch 1, 1976, through March 31, 1976,
was noted.
A request for reclassification of the following two (2) employees
and a Merit Step Increase for Outstanding Service for one (1) employee
was noted: E. Butch Hart, Recreation Leader III, Range 25, Step A, $701/mo.
to Supervisor I, Range 28, Step A, $812/mo.; Sue Lindsey, Jr. Clerk Typist,
Range 22.5, Step C, $687/mo. to Clerk Typist, Range 24.5, Step B, $719/mo.;
and Len Caredio, Equipment Service Person, Range 25, Step B, $738/mo. to
Step C, $773/mo. Motion was made by Councilman DeBell seconded by Councilman
Pate and carried that the recommended Merit Step Increases for the three (3)
employees be approved.
Historic Preser- City Administrator Wood reported on the Historic Preservation Agree-
vation Agree. ment for the Old City Hall with the State of California. Motion was made
re:Old City by Councilman Pate seconded by Councilman Link and carried that the agree-
Hall ment be approved and executed as recommended.
Water Conser- City Administrator Wood reported on the City's Water Conservation
vation Plan explaining said proposal.
Murray Ave.
Imp. Proj.
75-5
_ft'i4
Indus tri a 1
Wastewater
Treat.
Facil iti es
Director of Public Works-City Engineer Hansen recommended issuance
of a change order in the amount of $17,815 for placing a larger pipe under
Murray Avenue; lowering the pipe substantially below the originally proposed
location; and reconsturcting the outfall into the channel at the freeway.
Motion was made by Councilman Link seconded by Councilman Pate and carried
that the change order request for Murray Avenue Improvement District Project
1975-5 as recommended be approved.
Director of Public Works-City Engineer Hansen presented a report
on modification to the Industrial Wastewater Treatment Facilities.
Motion was made by Councilman Duffin seconded by Councilman Pate and carried
that the modification to said facilities be approved as recommended. Director
of PUblic Works-City Engineer Hansen noted that bids would be solicited for
the concrete pressure pipe and a report on same brought back to Council.
Undergrounding Director of Public Works-City Engineer Hansen recommended establish-
Utilities ment.of a Committee to consider and evaluate alternative proposals for the
use of allocated monies for the Undergrounding Utilities in the Gilroy area.
Motion was made by Councilman Pate secondedby Councilman Link and carried
that the Mayor be authorized to establish and appoint such a Committee.
RR Crossing Director of Public Works-City Engineer Hansen reported on the status
Grade of Railroad Grade Crossing Protective Program and recommendation to adopt
an agreement providing for the installation of Grade Protection at the Sixth
Street Crossing. Motion was made by Councilman Pate seconded by Councilman
Link and carrled that the recommendation to transfer $8,000 budgeted funds
from the Lewis Street Project to the Sixth Street Crossing Project be
approved and that the State Agreement and supplement Agreement for the Sixth
__ Street Crossing Project be approved and executed as recommended.
Utility Bill The Mayor requested Council approval of possibly applying some type
Credit req Sr.of credit refund on low income water users on their billing if they would
Citizens qualify as 65 years, Senior Citizens earning less than $5,000 annually.
Discussion was had on the matter. The Mayor noted that he is seeking
Council approval of the proposal in general in order to distribute an affi-
davit to qualified Senior Citizens; that if he did not have approval of the
proposal, he would not wish to circulate same. He further noted that a
dollar figure, at this time, could not be determined until the City had some
indication as to what a program of this nature would cost the City. Discus-
sion was had on the matter. Council was not receptive to said proposal.
1.. 3796
Meet & Confer
Preservation
Grant
Adjournment
. .,"
Cfty Administrator Wood requested a Study Session of the Council
on April 12, 1976, to meet with the Employee Associations in regard to
the Meet and Confer Process. Council approved said date at 4:00 p.m.
City Administrator Wood noted that a trip has been scheduled to
view "Old Town" in Sacramento in regard to the Preservation Grant, for
April 6, 1976, and those attending should be at the City Hall at
8:30 a.m.
The Mayor reported on the progress of Councilman Stout and
indicated that it was possible that he would be attending the next
regular Council Meeting of April 19, 1976.
At 11:36 p.m., the Mayor adjourned the meeting.
RespeC(fUl1~ted~
c?)24Jc<. rjj~____~
"" .. C, ty e r
"/