Minutes 1977/01/17
Roll Call
"",~'';m.
....
Certificate of
Service-Po
Pelliccione
Consent
Calendar
Minutes
Sa 1 ary Merit
Step Increa-
ses
-.",.",,;,11
Res. 77-7 re:
HCD Block
Grant-3rd Yr.
Rezoning-R.
Drewitz
-""';~
Cl ai m re:
C.Piedmont
Budgeted
Purchases
.....
Pub.Hearing
Wastewater
Treat.& Disp.
Faci 1 iti es
3875
January 17, 1977
Gilroy, California
The Regular ~1eeting 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, Marion T. Link, John E. Pate, Norman B. Goodrich.
Absent: Council Member: David V. Stout.
The Mayor presented a Certificate of Service to Paul Pelliccione,
retired Gilroy Library and Culture Commissioner.
Motion was made by Councilman Duffin seconded by Councilman Link
that the following items under the Consent Calendar be adopted by the
following Roll Call Vote: Ayes: Council Members: Childers, DeBell,
Duffin, Link, Pate and Goodrich; Absent: Council Member: Stout.
Approved the Minutes of the January 3, 1977, Regular Council
Meeting;
Approved the following Salary ~1erit Step Increases for thirteen
(13) city employees, effective January 1, 1977: Steven Brem, Police
Officer, Range 32.5 from Step D, $1,240 to Step E, $1,302; Refugio
Campos and Ted Garcia, Groundskeepers I, and Art Duenas and Lupe Perez,
Public Works Maintenance I, Range 25 from Step B, $782 to Step C, $819;
Ralph Duke, Groundskeeper 1, Range 25.5 from Step B, $801 to Step C, $841;
Jesus Gamino, Groundskeeper II, Range 27, from Step B, $861 to Step C,
$904; Nancy Hoenck, Building Inspection Clerk, Range 24.5a from Step B,
$770 to Step C, $810; John Holson, Building Inspector, Range 34 from
Step A, $1,153 to Step B, $1,211; Tim Pyzer, Firefighter, Range 31
from Step C, $1,099 to Step D, $1,153; Harold Ritter, Firefighter,
Range 31.5 from Step C, $1,126 to Step D, $1,183; Jim Young, Park
Arborist, Range 29 from Step D, $1,046 to Step E, $1,099; and Mary Prien,
Museum Attendant from $3.94 per hour to $4.10 per hour;
Adopted Resolution No. 77-7 Approving Joint Rowers Agreement for
Third Year Housing and Community Development Block Grant with the County
of Santa Cl ara.
RESOLUTION NO. 77-7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ACKNOWLEDGING
EXECUTION OF JOINT EXERCISE OF POWERS AGREEMENT AND COOPERATION AGREEMENT
AND COOPERATION AGREEMENT PURSUANT TO TITLE I OF THE HOUSING AND COM-
MUNITY DEVELOPMENT ACT OF 1974.
PASSED AND ADOPTED this 17th day of January, 1977, by the following vote:
AYES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Link, Pate, and
Goodrich
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBER: Stout;
Set February 7, 1977, as a Public Hearing date on a rezoning
application of Robert Drewitz for .15 acres from Cl to R3 and Tentative
Subdivision Map on 1.64 acres of land located between Old Gilroy and
Seventh Streets;
Denied claim for personal injuries by Mrs. Carla Piedmont; and
Approved report on budgeted purchases exceeding $1,500.00 per
Council direction.
re: The Mayor stated that it was the time and place scheduled for a
Public Hearing on the Technical and Economic Aspects of the Alternatives
Proposed for Wastewater Treatment and Disposal Facilities of the Cities
of Gilroy and Morgan Hill. It was noted that said meeting was a joint
meeting with the City of Morgan Hill's Council present in the audience.
Mr. Ted Way, representing Consoer Townsend and Associates,
Engineering consultants, summarized and reviewed the Project Report.
3876
Mr. Jerry Gilbert, representing J. B. Gilbert & Associates,
E.I.R. Consultants, summarized and reviewed the Environmental Impact
Report.
City Administrator Wood noted that 103 agencies and organizations
had been notified of the subject hearing. He further noted corres-
pondence received from the following agencies in regard to the sub-
ject Project: State Division of Water Quality, California Regional
Quality Control Board, State Office of Planning, State Fish and Game,
and Air Quality Resources Board.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposed project. There was no comment
from anyone in the audience.
.....
........
It was noted that this Public Hearing would be open for
written comments for an additional two (2) week period, same to be
reviewed by the Consultants and brought back to Council to respond
to the specific agency's or individual's inquiries submitted.
Mr. Darrell Shuck, resident of Gilroy, addressed the Council
requesting comment regarding the basis for the population projections
and the percentages chosen and what happens at the junction between
the thirty (30) inch and eighteen (18) inch pipe at the present time
at period of overload. Mr. Ted Way responded to the question.
Councilman John Biechman, City of Morgan Hill, addressed the
Council and inquired on the secondary mitigation measures as to who
would follow through on said mitigating measures and for air pollu-
tion, land use planning, traffic and etc., set forth for the Cities
of Morgan Hill and Gilroy. Mr. Jerry Gilbert noted that the State
would follow up on the program implemented by the various agencies
in order for the Cities to obtain and keep said grant funds.
Mr. John Moreno, City Manager of the City of Morgan Hill,
addressed the Council noting that there were numerous mitigating
items regarding the project that the Cities could not solve them~
selves; that there must be cooperation from the State agencies to
affect all the mitigating items listed within the Project Report.
-
....
Mr. Don Skinner, ABAG, addressed the Council noting that in
order to carry out the mitigating measures there will be an Environ-
mental Management Plan to be completed which will have as a part of
it a continuing planning program which says we have orderly proce-
dures to make sure that annually the carrying out of the plan will
be monitored. Problems associated with carrying out the plan will
be identified and resolved. When this plan is approved, it is
supposed to be approved by local governments through ABAG and by
the State. If there are mitigation measures to be carried out, it
would mean that not only local governments would be committing them-
selves to those measures, but the State would also be committing
themselves.
City Administrator Wood noted that in addition to the proposeo
subject site for the subject project, two additional sites were pre-
viously studies but decided to be not feasible for said project. He
further noted that the subject proposed site includes the present
site of 332 acres with an additional 120-127 acre expansion adjacent
to the existing sewer plant. Further, that from a percolation and
seismic standpoint, the City's present site is superior to other sites
studies.
-
Mr. Trevis Berry addressed the Council and noted his opposition
to any additional lands being used for sewer facilities north of the
existing sewer treatment plant. The Mayor clarified the matter noting
that the additional proposed lands will be adjacent to the plant, exact
location undetermined at this time.
.....
Mr. Trevis Berry inquired about the air quality, noting that
since this area here creates about one-half of one percent of the
pollution that we get in this area, how severe will the mitigating
measures be? He noted that he asked this question so that in the
event we have people who want to come here and do something, they
won't be stopped because of somebody else's pollution somewhere else.
.,*.;-,-.,-."",
....
Pub.Hear. re:
Rezoning-
Madonna Dev.
for Mesa Rd.
Ranch
..
.....;'~
...
3877
Mr. Gilbert responded to the question. He noted that the Consultant's
recent discussions with agency representatives indicate that they
understand the limited impact that any mitigation measures would have
in this area, particularly in air quality. He stated, however, they're
not so sympathetic about the limited impact on land, agricultural land
conversion, particularly in the Morgan Hill area. He further stated
that he thinks there is a remaining concern on the part of the agencies
about growth in the whole region and their obligation to prevent the
adverse affects of growth. How that will be resolved depends upon what
they say in their comments and how they react to the final E.I.R.
The Mayor asked if there was any further comment from anyone in
the audience. There was no response.
City Administrator Wood inquired if the representatives of the
City of Morgan Hill had any additional questions or comments. There
were none.
Motion was made by Councilman Pate seconded by Councilman Link
and carried that the Public Hearing be closed leaving the record open
for two (2) weeks for any additional written comments.
The Mayor declared a recess at 8:43 p.m. and reconvened at 8:55
p.m.
The Mayor stated that it was the time and place scheduled for
a Public Hearing on a rezoning application of Madonna Development Company
for Mesa Road Ranch from IZ to R-l located on the west side of Mesa Road.
Planning Director Bedaux presented and explained Staff's Report
on the matter.
Councilman Duffin recommended that all utility improvements
including streets be constructed and installed to the City's specifica-
tions and approved and accepted by the City at one time.
Mr. Jim Berta, General Manager of Madonna Development Company,
noted that his Company does not object to the streets within the
development being City streets.
Director of Public Works-City Engineer Hansen noted that the
original lots sold and improvements within same are far below City
standards and could not be accepted by the City at any time. He
noted that the storm drain system and streets would have to be
completely reconstructed before the City could accept same.
Councilman DeBell noted that when the original Planned Unit
Development was approved by the City for this development, Dr. Carl
Bozzo, developer, agreed to donate ten (10) acres of land to the City
or School District. Mr. Jim Berta noted that Dr. Bozzo has recently
stated that he would abide by his original offer. Councilman DeBell
recommended that this matter should be formalized in an agreement with
the School District.
Motion was made by Councilman Link seconded by Councilman Duffin
and carried that the Public Hearing be closed.
Discussion was had by Council on the matter.
Motion was made by Councilman Duffin seconded by Councilman Link
that the requested rezoning would be approved with the stipulation that
all of the streets, storm drains, etc. within the area of uncompleted
lots conform to City standards before dedication is accepted. The City
Attorney noted that Council has indicated by this motion that all of
the streets must conform to City standards but that Council has not
required that same be completed prior to recording of the Tract Map.
Motion was made by Councilman Duffin seconded by Councilman Link
and carried that before the tract map of Mesa Road Ranch is accepted for
subject rezoning, all streets within the proposal shall be brought up to
City standards, noting that this does not apply to those streets within
3878
Federal Signs
Appeal re:
~1ote 1 6
Res. #77-8
Mira Lorna
Vall ey PUD
Hearing re:
R.Caballero
the development that have been sold. It was further agreed that the
City notify the property owners of these lots that they could form an
assessment district procedure to bring their streets up to City
standards.
Motion was made by Councilman Duffin seconded by Councilman
Link and carried that the reading of a proposed ordinance be waived
approving the rezoning application and that same be published by title
and summary.
The Mayor stated that it was the time and place scheduled for
a hearing on an appeal of Federal Signs regarding a sign variance
denial for Motel 6.
I!IIIlII
....""
Planning Director Bedaux presented and explained Staff's
Report in regard to said sign variance denial.
Mr. Michael Robin, representing Federal Signs, addressed the
Council and noted that the original request for two (2) signs has been
changed to one (1) sign to be located on the opposite side of the
Freeway 320 sq. ft. in size.
Mr. Jim Flyhive, representing Motel 6, Engineering, Mainten-
ance and Rehabilitation Department, addressed the Council and further
explained the need for the requested sign variance.
Mr. William Boyle, original developer of the Motel 6 property,
addressed the Council in support of said variance appeal.
Motion was made by Councilman Duffin seconded by Councilman
Pate and carried that the Public Hearing be closed.
Discussion was had by Council on the matter.
Motion was made by Councilman Duffin seconded by Councilman
Pate that the reading of Resolution No. 77-8 be waived and that it
be adopted, concurring with the Planning Commission's decision to
deny said sign variance.
-
...
RESOLUTION NO. 77-8
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AFFIRMING ON APPEAL
RESOLUTION NO. 76~34 OF THE PLANNING COMMISSION DENYING A VARIANCE
TO ALLOW TWO FREESTANDING SIGNS AT 6110 MONTEREY STREET.
PASSED AND ADOPTED this 17th day of January, 1977, by the following
vote:
AYES:
COUNCIL MEMBERS:
Childers,
Goodrich
None
Stout
DeBell, Duffin, Link, Pate and
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBER:
Planning Director Bedaux reported on a change in the land use
of Mira Lorna Valley Planned Unit Development. Discussion was had on
the matter.
Motion was made by Councilman Link seconded by Councilman
Duffin and carried that the change in land use of Mira Lorna Valley
Planned Unit Development be approved as recommended and presented.
The Mayor asked if there was anyone in the audience wishing to
speak on any item not on the agenda. There was no comment from any-
one in the audience.
-
I ,.
~
A request of Raul Caballero, Tree Climber, Parks and Recreation
Department, was noted for a hearing in regard to appealing the Per-
sonnel Commission's decision of December 8, 1976.
~1otion was made by Councilman Pate seconded by Councilman
Childers and carried that a hearing date of February 7, 1977, be
set for said appeal.
The following informational item was noted with no separate
discussion on same.
Water Conser-
vation
Plan. Com.
Report
1/6/77
......
3879
south County Water Conservation District in appreciation of the
City's cooperation on the Joint Water Conservation Conference, January
12, 1977.
The Report of the Planning Commission Meeting of January 6, 1977,
was noted.
A request of the Planning Commission for adoption of a resolution
expressing concern on continued extensive subdivision activity in un-
incorporated territory of Santa Clara County and further explained by
Planning Director Bedaux. Discussion was had on the matter.
Supervisor Sig Sanchez addressed the Council and explained the
County of Santa Clara's position on the matter.
Motion was made by Councilman Pate seconded by Councilman DeBell
and carried that Staff be insturcted to notify the County by letter on
the matter recommended by the Planning Commission's resolution and that
copies of same be forwarded to the County Planning Department, Air Pollu-
tion Control and other affected agencies.
Disbursements The Report of Disbursements from December 1, 1976, through
December 31, 1976, was noted.
Traffic Con-
trols In-
ventory &
Speed Sur-
vey- T JKM
Res.#77-9
......
Crocker-AAA
Mini-Stor-
age Agree.
Stop Signs
Prince-
valle St.
-
Director of Public Works-City Engineer Hansen recommended award
of the Traffic Controls Inventory and Speed Survey to TJKM in the amount
of $18,260.00. He noted that same exceeded the OTS Grant by $2,260 offered.
Councilman DeBell recommended that the School District be requested
to participate in the survey.
Motion was made by Councilman Pate seconded by Councilman DeBell
that the reading of Resolution No. 77-9 be waived and that it be adopted
awarding the Traffic Controls Inventory and Speed Survey to TJKM in the
amount of $18,260 as recommended and the agreement be executed for same.
RESOLUTION NO. 77-9
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AND
AUTHORIZING EXECUTION OF AGREEMENT WITH TJKM FOR A TRAFFIC CONTROLS
INVENTORY AND SPEED SURVEY.
PASSED AND ADOPTED this 17th day of January, 1977, by the following vote:
AYES: COUNCIL MEMBERS: DeBell, Duffin, Pate and Goodrich
NOES: COUNCIL MEMBERS: Childers and Link
ABSENT: COUNCIL MEMBER: Stout
/
Director of Public Works-City Engineer Hansen recommended approval
of the plans and specifications under a Development Agreement with Richard
T. Crocker-AAA Mini Storage Proposal. He further noted that the deferred
development agreement with Josie Fazio was for adjacent property not for
development at this time. Motion was made by Councilman Pate seconded
by Councilman Link and carried that the Development Agreement with Richard
T. Crocker for the AAA Mini Storage proposal as presented by approved,
as recommended.
Director of Public Works-City Engineer Hansen recommended intro-
duction of an ordinance for installation of stop signs on Princevalle
Street at Eighth Street. Motion was made by Councilman Pate seconded
by Councilman Link and carried that the reading of the ordinance re:
_ installation of stop signs on Princevalle Street at Eighth Street as
recommended be waived, that it be introduced and published by title and
summary.
Def. Dev. Agree. The Deferred Development Agreement wi th Jcs-ie Fazi 0 for property
J. Fazio adjacent to the proposed AAA Mini Storage Development of R. T. Crocker
was presented for execution. Motion was made by Councilman Pate seconded
by Councilman Duffin and carried that the Deferred Development Agreement
with Josie Fazio be approved as recommended.
3880
Calabrese Way Director of Public Works-City Engineer Hansen presented a
Islands Report on the maintenance of the islands on Calabrese Way.
Mr. Larry Willard addressed the Council requesting that the
City be responsible for maintenance of the island structures. It was
noted that the islands were originally allowed on Calabrese Way at the
time of development because of the stipulation that that the Developer
or property owners would be responsible for any maintenance of the
islands whether it be sturcture or landscape maintenance. Discussion
was had on the matter. Motion was made by Councilman Link seconded
by Councilman Duffin and carried that Council's previous action be
reinstated that all maintenance of the islands on Calabrese Way be
the property owners responsibility to include structure maintenance
and landscapte maintenance.
Councilman DeBell recommended that the property owners consider
a rider on their homeowners' insurance policy to include the insurance
coverage of the islands on Calabrese Way.
......
.......
Gen.Mun. Elec. It was noted that the homination papers of Scott Gherini,
3/8/77 re: candidate for Councilman at the March 8, 1977, General Municipal
Scott Election do not have twenty (20) sufficient signatures of registered
Gherini voters within the City as required by the Election Code of the State
of California and recommended that Mr. Gherini be declared ineligible
as a candidate for said election. Motion was made by Councilman Link
seconded by Councilman Duffin and carried that Mr. Mcott Gherini be
declared ineligible as a candidate for Councilman in the March 8, 1977,
General Municipal Election as recommended.
Ord. amend. An ordinance amending Section 6.11 of the City Code by Adding
Sec. 6.11 re:CM District to Fire Zone No.2 was presented for introduction.
Fire Zones Motion was made by Councilman Pate seconded by Councilman Link and
carried that the proposed ordinance be introduced, the reading waived
and published by title and summary re: Fire Zone No.2.
Lib. & Cult. The Mayor recommended appointment of Mr. James L. Merrill as
Com.apptmt- Library and Culture Commissioner to fill the unexpired term of Paul
J.L. Merrill Pelliccione (1/1/79).
....,
I
.....
Motion was made by Councilman Link seconded by Councilman Patq
and carried that James L. Merrill be appointed Library and Culture
Commissioner to fill the unexpired term of Paul Pelliccione (1/1/79).
Arch. & Site
Control
Adv. Com.
The Mayor reappointed Elaine Long; Mrs. Vernie Cowardin,
alternate, and Tom F. Taricco for an additional one (1) year term to
expire October 6, 1977, noting that said appointments had been over-
looked on October 6, 1976.
Taxi Service
rates
Res.#77-10
A resolution establishing taxicab service rates was presented
by the City Attorney for adoption.
Motion was made by Councilman Pate seconded by Councilman
Childers that the reading of Resolution No. 77-10 be waived and that
it be adopted.
RESOLUTION NO. 77-10
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING THE
MAXIMUM RATE SCHEDULE TO BE CHARGED BY TAXICAB OPERATORS lHTHIN THE ....
CITY OF GI LROY . '1
PASSED AND ADOPTED thi s 17th day of January, 1977, by the following .J
vote:
AYES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Link, Pate, and
Goodrich
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Stout
Garbage
Rates
Councilman Duffin, Chairman of the Council Advisory Committee
for the proposed garbage rate increases noted that the committee has
recommended that unlimited garbage service be provided for residential
services at $3.50 per month and commercial establishments be increased
to$2.50 per can per month and that same be for a one (1) year contract
effective March 1, 1977, with the understanding that said rates can be
1
3881
Res. #77-11
reviewed in six (6) months if the Garbage Company can provide information
indicating that their cost for providing unlimited service greatly exceeds
the rates. Motion was made by Councilman Pate seconded by Councilman
Duffin that the reading of Resolution No. 77-11 be waived and that it be
adopted, approving garbage rates as recommended by the Council Advisory
Committee, to become effective March 1, 1977.
RESOLUTION NO. 77-11
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY FIXING MAXIMUM CHARGES
FOR THE COLLECTION OF GARBAGE, RUBBISH AND REFUSE.
PASSED AND ADOPTED this 17th day of January, 1977, by the following vote:
AYES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Pate and Goodrich
NOES: COUNCIL MEMBER: Link
ABSENT: COUNCIL MEMBER: stout
Wren & 1st
Signaliza-
tion
Council inquired of the traffic signalization for Wren Avenue and
First Street. City Administrator Wood reported that the State has informed
the City that signalization at said location meets the State's warrants;
Senator Alquist has been working to obtain approval for construction.
Advice from his office informs us that the State may be able to fund the
project this year rather than the 1979 year as previously indicated by
the State.
Water Conser- Councilman Childers recommended that the City take some action
vation in regard to water conservation within the City. Council instructed
Staff to prepare same for review and consideration at the next regular
Council Meeting.
Pub.Wks.Alley Director of Public Works-City Engineer Hansen reported that the
Proj.Grant City had not received written approval of the Public Works Grant for
the Alley Project and that today was originally the deadline for the
City to accept same. He noted that the grant approved is in the amount
of $113,285.00 for street construction project of the alleys between
Third and Fourth Streets and between Sixth and Seventh Streets.
Res. #77-12 Motion was made by Councilman Pate seconded by Councilman Link
that the reading of Resolution No. 77-12 accepting said Public Works
Grant for the Alley Project proposed be waived and that it be adopted.
RESOLUTION NO. 77-12
RESOLUTION OF THE CITY COUNC [L OF THE CITY OF GILROY APPROVING AND
AUTHORIZING ACCEPTANCE OF THE LPW-EPA DOWNTOWN ALLEY REPLACEMENT, PHASE
2, GRANT.
PASSED AND ADOPTED this 17th day of January, 1977,by the following vote:
AYES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Link, Pate and
Goodrich
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Stout
Adjournment
At 11:17 p.m., the Mayor adjourned the meeting.
d~::bm~e~
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