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Minutes 1977/02/07 Ro 11 Call 3881 February 7, 1977 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:02 p.m. Present: Council ~1embers: Childers, DeBell, Duffin, Link, Pate, Stout and Goodrich. Absent: Council Members: None 3882 Res. #77-13 t1otion was made by Councilman Stout seconded by Councilman A.Gagliardi Duffin that the reading of Resolution No. 77-13 be waived and that it be adopted honoring Sergeant Albert J. Gagliardi's retirement. RESOLUTION NO. 77-13 RESOLUTION OF THE GILROY CITY COUNCIL COMMENDING THE SERVICES OF COUNTY OF SANTA CLARA SHERIFF SERGEANT ALBERT J. GAGLIARDI UPON HIS RETIREMENT. PASSED AND ADOPTED this 7th day of February, 1977, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: Childers, DeBell, Duffin, Link, Pate, Stout and Goodrich. COUNCIL MEMBERS: None COUNCIL MEMBERS: None - ..... Councilman stout requested that Item "1" setting a Public Hear- ing date for reconsideration of the Official Plan Lines adopted for Chestnut Street between Lewis Street and I.O.O.F. Avenue be removed from the Consent Calendar for discussion a later time this evening. Motion was made by Councilman Pate seconded by Councilman Duffin that the following items under the Consent Calendar be approved exciuding Item "1" requested by Councilman Stout: f Consent Calendar Minutes Approved Minutes of the January 17, 1977, Regular Council Meeting; Ord. #77-2 re: Adopted Ordinance No. 77-2 Amending Section 6.11 of the City Fire Zone Code by adding CM District to Fire Zone No.2; #2 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 6.11 OF THE GILROY CITY CODE BY ADDING CM DISTRICT TO FIRE ZONE NO.2. PASSED AND ADOPTED this 7th day of February, 1977, by the following vote: AYES: NOES: ABSENT: # I ORDINANCE NO. 77-2 COUNCIL MEMBERS: Childers, DeBell, and Goodrich None None; .. Duffin, Link, Pate, Stout ~ COUNCI L MEMBERS: COUNCIL MEMBERS: Ord. #77-3 re: Adopted Ordinance No. 77-3 Rezoning Madonna Development Company Mesa Rd. for ~1esa Road Ranch from IZ to Rl located on the west side of Mesa Rezoning Road; ORDINANCE OF THE CITY OF GILROY N1ENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING AN 18.87 ACRE PARCEL ON THE WEST SIDE OF MESA ROAD NORTH OF GAVILAN COLLEGE FROM RESIDENTIAL PLANNED UNIT DEVELOPMENT TO Rl DISTRICT. PASSED AND ADOPTED this 7th day of February, 1977, by the following vote: AYES: NOES: ABSENT: ORDINANCE NO. 77-3 COUNCIL MEMBERS: Childers, DeBell, and Goodri ch None None; Duffin, Link, Pate, Stout COUNCIL MEMBERS: COUNCIL MEMBERS: Ord. #77-4 re: Adopted Ordinance No. 77-4 Amending Section 15.43 of the City Thru Streets Code designating Princevalle Street as a through street with certain (Princevalle)exceptions. AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 15.43 OF THE G1LROY CITY CODE SO AS TO DESIGNATE PRINCEVALLE STREET FROM SIXTH STREET TO THE SOUTH CITY LIMITS, EXCEPT AT ITS INTERSECTIONS WITH EIGHTH STREET AND TENTH STREET, A THROUGH STREET. PASSED AND ADOPTED this 7th day of February, 1977, by the following vote: AYES: NOES: ABSENT: - ORDINANCE NO. 77-4 .... COUNCIL MEMBERS: Childers, DeBell, and Goodrich None None; Duffin, Link, Pate, Stout, COUNCIL MEMBERS: COUNCIL MEMBERS: 3883 Res. #77-14 re: Adopted Resolution No. 77-14 approving Basic Wage Scale of the Basic Wage State of California with publication to be completed by the County of Scale Santa Clara; .tP,ll\'I!,*", .... s . C. Va 11 ey Coalition Solic. Draft EI R- Concrete Batch Plant 'Pub.Hear. re: Prezon i ng- Morey Ave. Annex .76-6 . -" Pub.Hear. re: R. Drewitz rezoning Hearing re: R. Caba 11 ero ..~ - RESOLUTION NO. 77-14 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING WAGE SCALES FOR PUBLIC WORKS CONTRACTS. PASSED AND ADOPTED THIS 7th day of February, 1977, by the following vote: AYES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Link, Pate, Stout and Good rich NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None; Approved the request of the Santa Clara Valley Coalition for waiver of the solicitation permit for a fund raising campaign during February and April, 1977; Approved February 22, 1977, as the date to consider the Draft En- vi ronmental Impact Report for a proposed Concrete Batch P1I,ant located on 3.5 acres of land on the north side of Luchessa Avenue, east of Jamieson Way; Set February 22, 1977, as a Public Hearing date to consider a pre- zoning request of Walter J. Hanna property (Morey Avenue Annexation 76-6) located northwesterly of Morey Avenue between Santa Teresa Hills and El Dorado Subdivisions from Al-2.5 (County Agricultural) Zone to Rl (Single Family Residence) District. The 'Mayor stated that it was the time and place scheduled for a public hearing 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. Planning Director Bedaux explained the Staff's report on said rezoning proposal. Mr. William K. Henry, representing the applicant, addressed the Council and further explained the proposed rezoning. The Mayor asked if there was anyone in the audience wishing to speak for or against the rezoning proposal. There was no comment from anyone in the audience. Motion was made by Councilman Link seconded by Councilman Pate and carried that the Public Hearing be closed. Discussion was had by Council in regard to the proposed rezoning. Motion was made by Councilman stout seconded by Councilman Link and carried that the reading of the proposed ordinance rezoning said property be introduced and published by title and summary. The Mayor stated that it was the time and place scheduled for the Hearing on an appeal of Mr. Raul Caballero, Tree Climber of the Parks and Recreation Department, regarding the Personnel Commission's Decision of December 8, 1976, and noted that the employee has requested an Executive Session on this matter. City Administrator Wood reported that Mr. Raul Caballero had agreed to meeting in an open public meeting at 5:00 p.m. on February 8, 1977, in regard to the subject appeal. Council concurred with same. New Wastewater City Administrator noted receipt of a letter from eleven (11) resi- Treat.Plant dents and five (5) petitions containing approximately 163 signatures fnom location South County property owners protesting the north location of the proposed new wastewater treatment plant and urging a south location of this plant. City Administrator Wood further explained his report on the subject peti- tions. The Mayor noted that no formal action has been taken by the Council in approving any specific location for the new proposed wastewater treat- ment plant. 3884 The following persons in the audience addressed the Council further protesting the north location of the wastewater treatment plant: Mr. Ernest Filice, 7631 Filice Drive; Mr. Brian Cunningham, attorney representing local residents; Mr. Joseph Mondelli, 1637 El Dorado Drive; Mr. Lawson Sakai, 800 Pacheco Pass Highway and Mr. Trevis Berry, 7801 Miller Avenue. The Mayor noted that all comments would be referred to the Con- sultants of the project for consideration. ....... At 8:55 p.m., the t1ayor called for a recess. At 8:59 p.m., the Mayor reconvened the meeting. I ....,j. Murray Ave. City Administrator Wood noted receipt of a petition from Francis Annex. 76-7 F. and Kathryn Jean Blake requesting annexation of property to be known as "Murray Avenue Annexation 76-7 to the City of Gilroy',' located on the west side of Murray Avenue contiguous to Murray Avenue No. 1 Annexation containing 3.36 acres. Motion was made by Councilman Stout seconded by Councilman Childers that the reading of Ordinance No. 77-5 annexing said territory to the City of Gilroy be waived and that it be adopted. Ord. #77-5 ORDINANCE NO. 77-5 ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "MURRAY AVENUE ANNEXATION 76-7 TO THE CITY OF GILROY" IN AND AS A PART OF SUCH MUNICIPALITY FOR THE GOVERNMENT AND MUNICIPAL CONTROL THEREOF. PASSED AND ADOPTED this 7th day of February, 1977, by the following vote: AYES: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Childers, DeBell, and Goodrich None None Duffin, Link, Pate, Stout NOES: ABSENT: .... .. Res. #77-15 Motion was made by Councilman Stout seconded by Councilman Pate that the reading of Resoltuion No. 77-15 Removing Said Territory from the Rural Fire District be waived and that it be adopted. RESOLUTION NO. 77-15 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 "MURRAY ,l\VENUE ANNEXATION 76-7 TO THE CITY OF GILROY. II PASSED AND ADOPTED this 7th day of February, 1977, by the following vote: AYES: COUNC I L ME~1BE RS : Childers, DeBell, and Goodrich None None Duffin, Link, Pate, Stout NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Regional Emerg. Med. Servo Week A request of ABAG was noted for the Mayor to proclaim February 14-21, 1977, as "Regional Emergency t~edi cal Services Week. II ~1oti on was made by Councilman Pate seconded by Councilman Stout and carrieq that the Mayor be authorized to proclaim February 14-21, 1977, as "Regional Emergency Medical Services l~eek." .... AB 241 A letter from Assemblywoman Leona Egeland in regard to AB 241, proposing to increase the minimum fine for Drunk Driving Convictions was noted and ordered filed. .. St. Closure A request from the Chairman of the Gilroy Library and Culture Commission was noted for closure of Fifth Street between Church and Eigleberry Streets for the Annual Spring Art Show, June 5, 1977. Motion was made by Councilman Pate seconded by Councilman Link and carried that permission be granted for said street closure June 5,1977, as requested. San Felipe Div.Proj. Carnival- GUHS --- .. 3885 A letter from Congressman Mineta's Office was noted in regard to the San Felipe Diversion Project review. City Administrator Wood noted that the suit between the Sierra Club and the Water Reclamation Bureau is now underway at San Francisco; that the City's portion of said suit is expected to take place this week or next week. A request from the Gilroy High School's Associated Student Body was presented for a Carnival Permit for April 14-17, 1977. Motion was made by Councilman Link seconded by Councilman Childers and carried that permission be granted the Gilroy High School IS Associated Student Body for a Carnival Permit April 14-17, 1977, as requested. Trailer-6200 A request from Mr. H. Scagliotti for a temporary trailer permit at Monterey St. 6200 Monterey Street was presented. Motion was made by Councilman Duffin Scagliotti seconded by Councilman Childers and carried that a temporary trailer per- mit be approved for a trailer to be parked at 6200 Monterey Street for security reasons for a one (1) year period expiring February 7, 1978. Annexation- A letter from The Reverend C. R. Bradley was noted for annexation Mantelli Dr. of property on Mantelli Drive. Discussion was had by Council in regard to same. It was noted that said property is not presently within the 5 year Urban Service Area. Council referred same to the Planning Commission for review at their next study session proposed for October 1977 regarding Urban Service Area annual proposals. Water Conser- A letter from the Santa Clara Valley Water District in regard to vation a meeting on conservation and waste water regulation program February 17, 1977, was noted. Councilman DeBell noted that he would be in attendance at said meeting to represent the City. Multi -Serv. Com.Ctr. Adv. Com. Rep. ~ A letter of resignation from Mrs. Virginia Steinmetz was noted from the Multi-Service Community Center Advisory Committee. A letter from the Committee was noted requesting a replacement for Mrs. Steinmetz. Motion was made by Councilman Pate seconded by Councilman Link and car- ried that Mrs. Steinmetz' letter of resignation be accepted with regrets and that the Mayor be authorized to recommend a replacement on said Committee. Water Con- A letter from the Santa Clara Valley Water District was noted servation urging the City to adopt water conservation resolution similar to the District Resolution No. 77-11. Council tabled said letter for discussion at the time the City Administrator1s report on water conservation is discussed. The following informational item was noted with no separate dis- cussion on same: Leage Meeting League of California Cities, Peninsula Division, t1eeting on IIHetch Hetchy Water - How Far ~Ji 11 It GO?II Plan. Com. Report 1/20/77 -..',,,,,.,. OPL's Chest- nut St. Pl an. Com. Report 2/3/77 The Report of the Planning Commission Meeting of January 20, 1977, was noted. Motion was made by Councilman Pate seconded by Councilman Childers and carried that Public Hearing dates be set for Singer Housing' Company prezoning request and Francis Blake prezoning request for February 22, 1977. The r'1ayor noted that Supervi sor Sanchez had requested a meeting with the Citi es of t10rgan Hill and Gil roy in regard to the Impact on School s; that the City of Morgan Hill has indicated that they would not be able to attend such a meeting until after February 14, 1977, and that the City Administrator will notify the Council on an acceptable date for both cities. Discussion was had on Item "P under the Consent Calendar in regard to reconsideration of the Official Plan Lines adopted for Chestnut Street between Lewis Street and I.O.O.F. Avenue. Motion was made by Councilman Pate seconded by Councilman Childers and carried that a Public Hearing date of February 22,1977, be set for reconsideration of adopted Official Plan Lines for Chestnut Street between Lewis Street and I.O.O.F. Avenue. The Report of the Planning Commission t1eeting of February 3,1977, was noted. 3886 Personnel Com. 1/26/77 Associate Planner Personnel Rules & Regulations Monthly Reports The Report of the Personnel Commission Meeting of January 26, 1977, was noted and further explained by Personnel Director Reinsch. He noted that the grievance matter of Officer Donald Kludt had been reconsidered by the Commission and the request of Officer Kludt denited. Discussion was had in regard to approval of a classification for the position of Associate Planner at Salary Range 35 ($1,211 to $1,471) per month recommended by the Personnel Commission. Motion was made by Councilman Pate seconded by Councilman DeBell that the classification for the position of Associate Planner at the requested Salary Range be approved as recommended. Motion failed by the following roll call vote: Ayes: Council Members: DeBell, Pate, and Goodrich. Noes: Council Members: Childers, Duffin, Link, and Stout. -- I ~~ City Administrator Wood requested permission to present addi- tional information to Council in regard to a position of Associate Planner at the next regular Council Meeting. Council had no objection to same. Councilman Stout requested continuation of the matter of adoption of the recommended Personnel Rules and Regulations as pre- sented to the next regular Council Meeting of February 22, 1977. The Mayor continued said matter as requested. The Summary of the monthly reports of December 1976 were noted and discussed. Council requested additional information in regard to the number of gallons of water pumped in November. Disbursements The Report of Disbursements from January 1, 1977, through January 31, 1977, was noted and discussed. Water Con- City Administrator Wood presented and explained a report on servation water conservation proposals. Motion was made by Councilman Stout seconded by Councilman Pate that the reading of Resolution No. 77-16 be waived and that it be adopted prohibiting use of outside water dur- ing the hours of 9:00 a.m. to 6:00 p.m. to include items No.1 through 5 of the Santa Clara Valley Hater District's Resolution No. 77-11. Fireworks Housing & Dev. Block Grant ... ... RESOLUTION NO. 77-16 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REGULATING WATER USE PURSUANT TO SECTION 27.30 OF THE GILROY CITY CODE. PASSED AND ADOPTED this 7th day of February, 1977, by the following vo te : AYES: COUNCIL MH1BERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Childers, DeBell, and Goodrich None None Duffin, Link, Pate, Stout Motion was made by Councilman Link seconded by Councilman Childers that the City declare a moratorium on issuance of new swimming pool permits. Motion was withdrawn and it was noted that Council would review water restrictions again in April 1977. A report from Fire Chief Brittain regarding prohibiting safe and sane fireworks sales and use was noted and further explained by Chief Brittain. Discussion was had on the matter. Motion was made by Councilman Pate seconded by Councilman Link and carried that the City Attorney be instructed to prepare the necessary document to ban safe and sane fireworks in the City of Gilroy as recommended by the Fir~ Chief. ... IIIlilIIl Com. City Administrator Wood presented a report on additional third year funding under the Housing and Urban Development Grant Act. ~1otion was made by Councilman Pate seconded by Councilman Link and carried that a Public Hearing date of February 22, 1977, be set for said additional Third Year Funding under the Housing and Community Development Block Grant Act of 1974, regarding the 1977-78 Budget. Res. #77-17 01 d Ci ty Hall rehab. ....-,-4 Def.Dev. Agree.- Kludt & Ventura Dev. Agree.- Holl and Lumber Co. Water Con- -,.. servati on Kits .'h" 3887 City Administrator Wood recommended approval of a Grant application for the Old City Hall Rehabilitation Project in the amount of $66,000 and permission to apply for the Assurance of Compliance with Civil Rights Act of 1964. Motion was made by Councilman Pate seconded by Councilman Childers that the reading of Resolution No. 77-17 be waived and that it be adopted and authorization be given for applying for the Assurance of Compliance with Civil Rights Act of 1964. RESOLUTION NO. 77-17 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING THE APPLICA- TION FOR HISTORIC PRESERVATION GRANTS-IN-AID FUNDS FOR GILROY OLD CITY HALL PROJECT. PASSED AND ADOPTED this 7th day of February, 1977, by the following vote: AYES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Link, Pate, Stout and Goodrich NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Director of Public Works-City Engineer Hansen recommended approval of Deferred Development Agreements with William J. & Loretta Ventura and Linton Kludt. Motion was made by Councilman Link seconded by Councilman Childers and carried that the Deferred Development Agreemen~with William J. and Loretta Ventura and with Linton Kludt for certain improvements be approved as recommended. Director of Public Works-City Engineer Hansen recommended approval of a Development Agreement with Holland Lumber Company for property on Monterey Street. Councilman Stout was absent during the discussion and action regarding this matter. ~1otion was made by Councilman Link seconded by Councilman Duffin and carried that the Development Agreement with Holland Lumber Company be approved as presented and recommended. Director of Public Works-City Engineer Hansen recommended permission to distribute water conservation kits and information. Discussion was had on the matter. Motion was made by Councilman Stout seconded by Council- man Duffin and carried that authorization be given to purchase 500 sets of water conservation kits and $405 be appropriated for mailer inserts in 4,500 utility bills as recommended. Fed. Aid-Urban Director of Public Works-City Engineer Hansen recommended adoption System of a resolution revising the Federal-Aid Urban System. Motion was made Res.#77-18 by Councilman Pate seconded by Councilman Link that the reading of Resolu- tion No. 77-18 be waived and that it be adopted revising the Federal-Aid Urban System. Select St. Sys tem- Res.#77-19 RESOLUTION NO. 77-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REVISING THE APPROVED FEDERAL AID URBAN SYSTEM IN THE CITY OF GILROY AND THE URBAN BOUNDARY IN THE CITY OF GILROY. PASSED AND ADOPTED this 7th day of February, 1977, by the following vote: AYES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Link, Pate, Stout and Goodrich NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Director of Public Works-City Engineer Hansen recommended revision in the City's Select System of Roadways. Motion was made by Councilman Pate seconded by Councilman Link that the reading of Resolution No. 77-19 be waived and that it be adopted revising the City's Select System of Roadways as recommended. RESOLUTION NO. 77-19 A RESOLUTION OF THE CITY OF GILROY MODIFYING AND AMENDING THE SELECT SYSTEM OF CITY STREETS AS APPROVED BY THE CALIFORNIA HIGHWAY COMMISSION. PASSED AND ADOPTED this 7th day of February, 1977, by the following vote: AYES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Link, Pate, Stout and Goodrich NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 3888 Res. #1584 Director of Public Works-City Engineer Hansen recommended Water Servo amendments to Resolution No. 1584 regarding water service rates, etc. The t1ayor appointed Councilman Childers, Chairman, and Councilmen Stout and Link as a Council Advisory Committee to study and review the proposal to amend Resolution No. 1584 regarding water services and review of present water rates. Downtown Alley Director of Public Works-City Engineer Hansen recommended Replacement approval of plans and specifications and authorization to advertise Phase II for bids for Project 1977-1, Downtown Alley Replacement - Phase II. Motion was made by Councilman Stout seconded by Councilman Childers and carried that the plans and specifications for the Downtown Alley Replacement - Phase II, Project 1977-1 be approved as recommended and authorized the call for bids for said project. Sewer Adv. Councilman stout requested that a report of the Sewer Advisory Committee Committee be agendized for the February 22, 1977, next regular Council Meeting on the progress of the future :plans in regard to sewer with the City of Morgan Hill. - ... Plan. Pol. Councilman Pate noted the inclusion of the Planning Policy Com. Committee information in the agenda packets, specifically, the new EIR Guide Lines and requested that the Planning Department inform Council of any additional information on this subject; and considera- tion of an Inter-Governmental Council at their February 22, 1977 hearing. Adult Soccer The Mayor reported that Adult Soccer Games presently being Games conducted on the Brownell School Playground on Sundays have not had restroom facilities available during these games and requested that the City investigate the possibility of relocating said games at another location. 5 Yr. Cap. Imp. Prog. City Administrator Wood noted that the proposed Five Year Capital Improvement Program has been proposed to be available by February 18, 1977, for Council Study Sessions. Council noted that said Study Sessions for same could be set at the next regular Council Meeting of February 22, 1977. - ... Pol ice Dept. addt. City Administrator Wood noted that the proposed carport facility for the Police Department addition was estimated at $4,200; that one bid received was in the amount of $7,765; and recommended that the City reject said bid received, redesign the carport facility and re- advertise bids for same. Motion was made by Councilman Link seconded by Councilman Stout and carried that the one (1) bid received for the carport facility at the Police Department in the amount of $7,765 be rejected and that the City readvertise bids for same. Adjournment At 11:31 p.m., motion was made by Councilman Stout seconded by Councilman Pate and carried to adjourn to 5:00 p.m. on Tuesday, Febru- ary 8, 1977. ~];:~~te~~t . City C erk - Adjourned Meeting February 8, 1977 (Out of order - see page 3896) ..