Minutes 1977/02/22
Roll Call
Consent
Calendar
-.-c~
Minutes
~I",*
~1i nutes
Ord. #77-6
R. Drewi tz
\
Pub.Hear. re:
rezoning-
Agnes Elia
Pub.Hear. re:
rezoning-
Joe Garcia
3889
Gilroy, California
February 22, 1977
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: Childers, DeBell, Duffin, Link,
Pate, Stout and Goodrich.
Councilman stout requested that the Minutes of the regular
Council Meeting of February 7, 1977, be corrected to indicate that he
voted IInoll on the adoption of Resolution No. 77-17. (After checking
the tape recording of said meeting it was found that Councilman Stout
voted "yes" on said REsolution No. 77-17 re: grant application for
the Old City Hall Rehabilitation Project.)
Councilman Stout further requested that he had indicated that
he not participate in the discussion and did not vote on action regard-
ing approval of the Development Agreement of Holland Lumber Company.
(After checking the tape recording of said meeting it was found that
Councilman Stout was absent during the discussion and action taken
regarding approval of the Development Agreement of Holland Lumber
Company.) The minutes were so corrected.
Staff further requested that Item IIDII regarding a Public Hearing
date on the rezoning request of Concrete Service Company be removed
from the Consent Calendar.
Motion was made by Councilman Pate seconded by Councilman Link
that the minutes of the February 7, 1977, regul ar Counci 1 :t~eeting
be corrected; that Item IIDII be removed from the Consent Calendar and
that the following items under said Consent Calendar be approved by
the following Roll Call Vote: Ayes: Council Members: Childers, DeBell,
Duffin, Link, Pate, Stout and Goodrich;
Approved the Minutes of the February 7, 1977, Regular Council
Meeting as corrected;
Approved the Minutes of the February 8, 1977, Adjourned Regular
Council Meeting;
Adopted Ordinance No. 77-6 Rezoning .15 acres from Cl to R3
for property of Robert Drewitz located between Old Gilroy and Seventh
Streets;
ORDINANCE NO. 77-6
ORDINANCE OF THE CITY OF GILROY ~ENDING THE ZONING ORDINANCE OF SAID
CITY BY REZONING A 41' x 163.81 PARCEL ON THE WEST SIDE OF EAST STREET
SOUTH OF SEVENTH STREET FROM Cl DISTRICT TO R3 DISTRICT.
PASSED AND ADOPTED this 22nd day of February, 1977, by the following
vote:
AYES:
COUNCIL MEMB~RS:
CHILDERS, DeBELL, DUFFIN,
STOUT AND GOODRICH
None
None
LINK, PATE,
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Set March 7, 1977, as a Public Hearing date on the rezoning
reqeust of Agnes Elia from PO (Professional Office) District to R3
(Low-Density Multiple-Family) District located on approximately
11,000 sq. ft. at the southwesterly corner of Broadway and Carmel
Streets;
Set March 7, 1977, as a Public Hearing date on the rezoning
request of Joe Garcia from M2 (General Industrial) District to R3
(Low Density Multiple-Family) District located on approximately 0.6
acres of land at 8050 Swanston Lane; and
3890
Salary ~~erit
Step Inc.
Pub.Hear. re:
Prezoning
Blake Prop.
Approved the following Salary Merit Step Increases for Nine
(9) City Employees effective March 1, 1977, for the first eight
employees and February 1, 1977, for the ninth employee listed:
Jim Callahan, Police Cadet, Range 21 from Step "A" $3.58 per hr.
to Step "B" $3.75 per hr.; Bob Connelly, Recreation Supervisor II,
Range 31 from Step "B" $1046 to Step "C" $1099; Dan Crumrine,
Police Officer, Range 32 from Step "D" $1211 to Step "E" $1271;
John Espi noza, Fi refi ghter, Range 3la from Step "A" $1005 to Step
"B" $1056; Gabriel Guerra, Firefighter, Range 32 from Step "A"
$996 to Step "B" $1046; Ron Latronica, Police Officer, Range 32.5
from Step "D" $1240 to Step "E" $1302; Manuel Rui z, Groundskeeper I,
Range 25 from Step "A" $743 to Step "B" $782; and Gloria Thrasher,
Buyer, Range 31.5 from Step "C" $1126 to Step "D" $1183 and Claude
Campbell, Sewer Treatment Plant Operator I, Range 28.5 from Step
II A" $883 to Step "B" $926.
-
....
The Mayor stated that it was the time and place scheduled for
a Public Hearing on Prezoning 3.36 acres of land belonging to Francis
Blake from Al-2.5 (County Agricultural) Zone to M2 (General Indust-
rial) District located on the west side of Murray Avenue, approxi-
mately 2500' north of Leavesley Road.
Planning Director Bedaux presented and explained the Staff's
Report on said prezoning request.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposed prezoning request.
Mr. Mike Costello, 8595 Murray Avenue, addressed the Council
and noted that he would be opposed to said prezoning unless the use
of the property is defined.
Motion was made by Councilman Pate seconded by Councilman
Link and carried that the Public Hearing be closed.
Discussion was had by Council on the prezoning matter.
-
Res. #77-20 ~~otion was made by Councilman Duffin seconded by Councilman
Childers that the reading of Resolution No. 77-20 approving the M2 ...
prezoning with a Section 49 condition be waived and that it be
adopted.
Pub.Hear.re:
Prezoning
W.J.Hanna
RESOLUTION NO. 77-20
RESOLUTION OF THE CITY OF GILROY GRANTING A SPECIAL ZONING EXCEP-
TION PURSUANT TO SECTION 49 OF THE ZONING ORDINANCE OF SAID CITY
PERMITTING M2 (LIGHT INDUSTRIAL) DEVELOPMENT OF A 3.36 ACRE PARCEL
LOCATED ON THE WEST SIDE OF MURRAY AVENUE 1350 FEET NORTH OF
LEAVESLEY ROAD.
PASSED AND ADOPTED this 22nd day of February, 1977, by the following
vote:
AYES:
COUNCIL MEMBERS:
Duffin, Link, Pate, Stout
N OE S :
ABSENT:
COUNCIL MEt~BERS:
COUNCIL MEMBERS:
Childers, DeBell,
and Goodri ch
None
None
The Mayor stated that it was the time and place scheduled
on a prezoning of 43.52 acres of land belonging to W. J. Hanna
from Al-2.5 (County Agricultural) Zone to Rl (Single Family Resi-
dence) District located northwesterly of Morey Avenue between
Santa Teresa Hills and El Dorado Estates Subdivisions.
-
Planning Director Bedaux presented and explained the Staff's ...
Report in regard to said prezoning request.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposed prezoning.
Mr. W. J. Hanna addressed the Council noting that he was
present in the audience and would answer questions, if any, in
regard to said prezoning request.
-
Pub.Hear. re:
prezoning-
Singer
Housing
3891
Motion was made by Councilman Duffin seconded by Councilman
Link and carried that the Public Hearing be closed.
Discussion was had by Council in regard to said prezoning request.
Motion was made by Councilman stout seconded by Councilman
Childers that the reading of a proposed ordinance prezoning said property
be waived and that it be published by Title and Summary.
The Mayor stated that it was the time and place scheduled for
a Public Hearing on a prezoning request of Singer Housing Company for
96.89 acres of land belonging to Singer Housing Company from Al-2.5
(County Agricultural) Zone to Rl (Single Family Residence) District
located west of Miller Avenue, north of Uvas Creek, east of Westwood
Acres, Unit #1 and south of Castlewood Subdivision Units #10, 11 and 12.
Planning Director Bedaux presented and explained the Staff's
Report in regard to said prezoning request.
The Mayor asked if there was anyone in the audience wishing to
speak for or against the prezoning request.
Mr. Richard Cecchi, representing McKay & Somps addressed the
Council and requested modification of the Planning Commission's recom-
mendation No.1 regarding the build-out schedule and No. 27 regarding
agreement necessary with the School District in regard to school impact.
He noted that the original proposal for the build-out schedule was for
98 houses per year; that they would request 74 houses for the first
year rather than the 50 houses recommended by the Planning Commission.
Mr. Vance Baldwin, representing the School District, addressed
the Council requesting that $480.82 be attached to each building permit
to alleviate some of the school impact that would result from these
additional residences.
City Administrator Wood advised Council of the meeting scheduled
by Supervisor Sanchez for February 23, 1977, at 7:30 p.m. at Gavilan
College with the Cities of Morgan Hill and Gilroy and the School Dis-
trict representatives.
Mr. Jim O'Brien, representing the Associated Building Industries
of Northern California addressed the Council noting that he represents
major builders, requesting an opportunity to meet with the School
District, City and County to attempt to resolve the school impact
problem. He was further advised of the Februa.ry 23, 1977, meeting at
Gavilan College.
Mrs. Elaine Long, 7580 Westwood Drive, addressed the Council
recommending that the Council limit the build-out schedule to 50 houses
as recommended by the Planning Commission. She further requested that
the City adopt an ordinance limiting the number of building permits
allowed by the City per year.
Mr. Brian Cunningham, 7240 Ticonderoga, addressed the Council
in regard to said prezoning request.
City Administrator Wood noted that a typical 2.5 acre parcel
assessed valuation of $17,500 in the County is compared to a $120,000
assessed valuation for 2.5 acres of residential development within
the City.
Mr. Paul Orsetti, 7351 11iller Avenue, addressed the Council
and re-emphasized the City's need to limit the buildout schedule to
50 houses per year.
Mr. Cecchi, further addressed the Council and requested that
their proposed contribution toward school impact be accepted rather than
establishing an additional fee per building permit which would in turn
be passed on to the buyer.
3892
Recess
OPL's
Chestnut
St.
Dr. Bill Patterson, 7771 Princevalle Street, addressed the
Council and noted that a subdivision of 300 homes would also gener-
ate additional automobiles in the area creating additional air
pollution problems.
Motion was made by Councilman Link seconded by Councilman
Childers and carried that the Public Hearing be closed. Discus-
sion was had by Council on the matter.
Motion was made by Councilman Duffin seconded by Councilman
Childers and carried that the recommendations of the Planning Com-
mission be adopted with the re-wording of Item #4 regarding the
gravel operation; specifically, that the gravel operation must be
phased out within three (3) years of the final approval of the
tentative map. Motion was passed by the following Roll Call Vote:
Ayes: Council Members: Childers, DeBell, Duffin and Goodrich;
Noes: Council Members: Link, Pate and Stout.
....
......
Councilman Pate noted that he would be voting "no" on the
motion but not on the concept of the build-out schedule or the
proposed fee to alleviate the school impact problem.
Councilman Stout noted that he is opposing the build-out
schedule because same was economically not practicable; opposed to
assessment of a school tax; not in favor of displacing the gravel
operation business; and not in favor of requiring the Developer to
dedicate property in the Uvas Creek when same had not be required
of other developers.
Councilman Link noted that he would be voting "noli because
if school impact fees are imposed that said should be a set and
established figure.
Motion was made by Councilman Duffin seconded by Councilman
Childers that the reading of the proposed ordinance prezoning
Singer Housing Company property be waived and that it be intro-
duced and published by title and summary. Motion passed by the
following Roll Call Vote: AYes: Council Members: Childers, Duffin,
Link, Stout and Goodrich; Noes: Council Member: Pate.
-
"IIIII!
At 10:25 p.m., the Mayor declared a recess and reconvened
the meeting at 10:33 p.m.
The Mayor stated that it was the time and place scheduled
for a Public Hearing for reconsideration of adopted Official Plan
Lines for Chestnut Street between Lewis Street and I.O.O.F. Avenue.
Planning Director Bedaux presented and explained Staff's
Report regarding said matter.
Director of Public Works-City Engineer Hansen further ex-
p 1 ai ned same.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposal.
Mr. Angelo Ghirlanda, 411 Lewis Street, addressed the Council
requesting removal of the adopted Official Plan Lines for Chestnut
Street between Lewis Street and I.O.O.F. Avenue in order that he
can develop his property. -
Mrs. Beverly Kludt addressed the Council requesting that t~e ...
official plan lines on Chestnut Street at said location be removed,
noting that Forest Street could be a through street with an over-
head bridge constructed for the use of the school children at the
High School location and noted a similar situation in the City of
Los Banos.
Mr. Ed Piedmont, 441 Lewis Street, addressed the Council,
requesting that Council use Forest Street as a through street opposed
to Chestnut Street route and that a screened overhead bridge be in-
stalled at the High School site across Forest Street.
'i""",,_,.,;l
Pub. Hear. re:
Hous. & Com.
Dev. Grant
Funds
~"c",,\lIII
Fireworks
3893
Mr. George Porcella, Old Gilroy and Chestnut Streets, addressed
the Council, requesting that Council abandon Chestnut Street as a
through street.
Discussion was had by Council on the matter.
Motion was made by Councilman Duffin seconded by Councilman Pate
and carried that the Public Hearing be continued to the next regular
Council Meeting of March 7, 1977, and that the City Administrator be
instructed to attempt to negotiate with Mr. Ghirlanda for purchase of
his property in order that the City can maintain the adopted Official
Plan Lines.
The Mayor stated that it was the time and place scheduled for
a Public Hearing on use of additional funds allocated to the City's
1977-78 Budget for the Housing and Community Development Block Grant
Act of 1974.
City Administrator Wood presented and explained the Staff's
report on said matter.
The Mayor asked if there was anyone in the audience wishing to
speak for or against the proposal.
Maria Maldonado, representing Mr. Jose Chapa of the CRLA addressed
the Council and inquired as to the purpose of the funds and requested
that some of the additional funds be earmarked for a rehabilitation
project on the east side of the City.
Ann Rosenzweig, representing the Senior Citizens of the CRLA
addressed the Council urging housing rehabilitation on the east side
of the City this year, if possible.
Maria Maldonado, further addressed the Council and requested
that Council give serious consideration as to the use of these additional
funds.
Motion was made by Councilman Stout seconded by Councilman Pate
and carried that the Public Hearing be closed.
Discussion was had by Council on the proposal.
Motion was made by Councilman stout seconded by Councilman Link
and carried that the allocation of additional funds proposal to the
City's 1977-1978 Budget for the Housing and Community Development Act
of 1974 be approved as presented with the exception of $30,000 park
construction funds be allocated for a rehabilitation program on the
east side of the City.
The Mayor deviated from the regular agenda in order to accomodate
interested persons in the audience in regard to fireworks.
The City Attorney presented a proposed ordinance prohibiting
the sale and use of all fireworks within the City.
The Mayor asked if there was anyone in the audience wishing to
speak for or against the proposed fireworks ordinance.
Mr. Jim McKeehan, attorney representing a distributor of Safe
and Sane Fireworks,~requested that Council not prohibit the Sale and
use of Safe and Sane Fireworks within the City of Gilroy.
Mr. Frank Vacarillo, 115 East Taylor Street, San Jose, addressed
the Council noting that he has sold fireworks to various local organi-
zations for sale in the City of Gilroy since 1955 and noted that it is
in his opinion, that most injuries relating to fireworks are caused
by the so-called IIhard" fireworks, specifically, firecrackers, cherry
bombs, etc., and not safe and sane fireworks and requested Council to
allow the local organizations to continue to sell safe and sane fire-
works within the City of Gilroy.
3894
Sales Tax
HR 10210
Unemploy.
Ins.
Plan. Com.
Report
2/17/77
P & R Com.
1/25/77
~1edi ca 1 &
Denta 1
Ins.
Police Dept.
Reorgani -
zation
Golf Course
Meeting
Water Re-
sources
Title VI
CETA
Proj .
Mr. Mike Costello, commander of a local American Legion
Post organization, requested that Council allow the sale of Safe
and Sane Fireworks by organizations.
Fi re Chief Brittai n noted that if the City all owed the sale I.
and use of Safe and Sane Fireworks, the County of Santa Clara would
allow same in the City's Urban Service area of the County.
Motion was made by Councilman Duffin seconded by Councilman
Pate and carried that the proposed ordinance prhibiting the sale
and use of Safe and Sane Fireworks in the City of Gilroy be intro-
duced, the reading waived and that it be published by title and
summary. Councilman Stout voted IInoll on the motion.
...
A letter from the City of Palo Alto was noted in regard to
allocation of ~~ Sales Tax (Transit) to Cities.
...
A letter from the Board of Supervisors of the County of
Los Angeles in regard to opposing Mandatory Unemployment Insurance,
H. R. 10210, was noted. Ci ty Administrator Wood noted that he would
contact the League of Cal ifornil.a Cities to determine if they wi sh
to support the County of Los Angeles in this matter.
The following informational items were noted with no
separate discussion on same.
League of California Cities, Peninsula Division in re:
to Meetings and Legislative Issues;
California Taxpayers' Association, Tax Conference on
February 23, 1977.
The Report of the Planning Commission Meeting of February
17, 1977, was noted. Council indicated that they would set Study
Sessions on the Capital Improvement Program at the next regular
meeting of March 7, 1977.
-
IiIIlIIIIti
The Minutes of the Parks and Recreation Commission Meeting
of January 25, 1977, were noted.
City Administrator Wood presented a report on the medical
and dental insurance for employees. Motion was made by Councilman
Pate seconded by Councilman Link and carried that the medical and
dental insurance for city employees as presented be approved and
that same be formulated by the proper agreements as requested.
City Administrator Wood noted the Chief of Police's request
for a Council Study Session to review previously discussed re-
structure of Police Command positions. Council set February 28, 1977,
at 8:00 p.m. for a Study Session on same.
City Administrator Wood noted a request of the Golf Course
to set a Council Advisory Committee Meeting with the Golf Course
Board of Directors. Council set March 2, 1977, to meet with the
Golf Course Board of Directors. It was noted that Councilman Chil-
ders is Chairman of said Advisory Committee and Councilmen Duffin
and Stout members of same.
-
City Administrator Wood noted a letter from the Division of
Water Resources on Grant Fundable Treatment Plant and Interceptor
Project. City Administrator Wood noted that he would outline same
on a map and bring a resolution for consideration at the next
regular Council meeting.
...
A report on Title VI Public Services Project (CETA) was noted.
Motion was made by Councilman Stout that the Title VI Public
Services Project (CETA) request as presented be denied. Motion died
for lack of a second.
Street Tree
Planting
"',1"'..4
6th St. RR
Crossing
Hirasaki
Warehouse
Imp.
Off-Site
Sewer Chgs.
f'II'<!O"~
....."..
Water Produc-
tion
Building
Permits
.....,..Ji
Conc rete
Batch
Plant
Personnel
Rules &
Reg.
Sewer Adv.
Com.
3895
Motion was made by Councilman Pate seconded by Councilman DeBell
and carried that the Title VI Public Services Project (CETA) be accepted
as presented with the understanding that Staff does not continue any
of the proposed projects. Council men Chi 1 ders and Stout voted "no" on
the motion.
A Report on Street Tree Planting was noted. It was noted by
Council that the City had been wasting water on occasion at City parks.
It was noted by Staff that same was due to a faulty timer and would
be corrected. City Administrator Wood recommended a moratorium on
street tree planting and an appeal to citizens to withhold any new
planting of lawns, trees, etc. Director of Public Works-City Engineer
Hansen reported that the Architectural and Site Control Committee has
requested a bond in lieu of any new planting until the drought is over.
Motion was made by Councilman Link seconded by Councilman Pate
and carried that the City defer any new street tree planting as recom-
mended by the Parks and Recreation Department until the present drought
subsides.
A Report from the Director of Public Works-City Engineer on the
status of the Sixth Street Railroad Crossing device was noted.
Director of Public Works-City Engineer Hansen presented and
explained a request for acceptance of the Alexander Street Improvement
Project - Hirasaki Warehouse. Motion was made by Councilman Pate
seconded by Councilman Link and carried that the Hirasaki Warehouse
Improvement Project be accepted as recommended.
Director of Public Works-City Engineer Hansen presented and
explained a report on reimbursements for overpayment of Off-Site Sewer
Charges. Councilman DeBell noted that he would not take part in the
discussion and was absent during action taken on the matter. Motion
was made by Councilman Pate seconded by Councilman Link and carried
that the reimbursements for overpayment of Off-Site Sewer Charges as
presented be made as recommended.
Director of Public Works-City Engineer Hansen presented and
explained a report on the November 1976 water production, previously
requested by Council.
Director of Public Works-City Engineer Hansen recommended that
all building permits for residences receive school district clearance
prior to the City issuing any permits for same. Discussion was had
on the matter. Motion was made by Councilman Pate seconded by Council-
man DeBell and not carried that a moratorium be declared on the issuance
of all building permits until the next regular Council Meeting except
those that have received approval from the school district.
Motion was made by Councilman Pate seconded by Councilman Link
and carried that a moratorium be declared on the issuance of all
building permits for new construction of residential buildings (includ-
ing residences, apartments, duplexes, etc.) until the next regular
Council Meeting for further discussion at that time. It was further
clarified that any present plans being reviewed by the Department of
Public Works could be issued building permits for said plans.
Planning Director Bedaux requested consideration of the Draft EIR
for a proposed Concrete Batch Plant located on 3.5 acres of land north
of Luchessa Avenue and east of Jamieson Way. Council continued said
matter to the next regular Council meeting of March 7, 1977.
Council continued consideration of the adoption of the Personnel
Ruels and Regulations to the next regular Council Meeting of March 7, 1977,
due to the lateness of the hour.
Councilman Stout, chairman, presented a Progress Report of the
Council Sewer Advisory Committee. Council requested copies of said
report for study of same.
3896
Annex. - So.
Chestnut
77-1 &
Thomas-
Mont.76-8
Water Con-
servation
propos a 1
San Felipe
Suit.
State Water
Projects
: City Admi nistratar Wood noted annexati on appl i cati ons had
been filed with LAFCO for South Chestnut Street Annexation 77-1
and Thomas-Monterey Annexation 76-8.
City Administrator Wood reported that approximately ten (10)
local farmers outstde the City have indicated their interest in
re-using industrial wastewater by piping and pumping same from
the Sewer Treatment Plant along the Princevalle Storm Drain to
the new High School site; past Christmas Hill Park (using said
water at both locations); then to the farmers between the City and
westerly of the Golf Course, with use also at the Golf Course. He
further noted that he would be investigating concurrence with the
North Water District for a possible grant to fund said project.
Council concurred with said proposal.
City Administrator Wood reported on the San Felipe suit in
progress that he attended today and recommended that letters be
forwarded to all witnesses and the attorney complimenting them on
their testimony. Council concurred.
City Administrator Wood recommended that the City support
the Auburn Dam Project and similar State projects. The Mayor
instructed the City Administrator to notify our local federal
representatives of the City's support on same.
Adjournment At 1:14 a.m., February 23, 1977, the Mayor adjourned the
meeting.
Respectfully submitted,
d2tJt-Jf ~ofb~."k
City C erk (/'-