Minutes 1977/04/18
3921
Gilroy, California
Apri 1 18, 1977
The Regular Meeting of the Gilroy City Council was called to order
by His Honor Mayor Norman B. Goodrich at 8:01 p.m.
Roll Call Present: Council Members: William E. Childers, Roberta H. Hughan,
Marion T. Link, John E. Pate, David V. Stout and Norman B. Goodrich.
Absent: Council Member: Brian D. Cunningham.
Intro.emp:
promotion
The Mayor introduced Terry Vierra recently appointed from Patrol-
man to Police Sergeant.
Minutes
Motion was made by Councilman Link seconded by Councilman Pate
that the following items under the Consent Calendar be approved by the fol-
lowing Roll Call Vote: Ayes: Council Members: Childers, Hughan, Link, Pate,
Stout and Goodrich; Absent: Council Member: Cunningham.
Approved the Minutes of the Regular Council Meeting of April 4,
Consent
Calendar
1977 ;
Approved the Minutes of the Special Council Meetino of April 12,
1977 ;
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Ord.#77-l4
Prezoning
E.Freeway
77-2 prop.
S.Brem
Ord.#77-l5
ord.viola-
tions
Pub. Hear.
Acker Prop.
Adopted Ordinance No. 77-14 Prezoning property belonging to
Sarah A. Brem from Al-2.5 (County Agricultural) Zone to M2 (General In-
dustrial) District located between Luchessa Avenue and Tenth Street;
ORDINANCE NO. 77-14
ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID
CITY BY PREZONING 14.052 ACRES ADJOINING THE CITY OF GILROY ON THE EAST
SIDE OF THE SOUTH VALLEY FREEWAY BETWEEN LUCHESSA AND TENTH STREETS AS
M2 (GENERAL INDUSTRIAL).
PASSED AND ADOPTED this 18th day of April, 1977, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, HUGHAN, LINK, PATE,STOUT and GOOD-
RICH.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBER: CUNNINGHAM;
....~"':>1~l;.
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Adopted Ordinance No. 77-15 Changing Violation of City Ordin-
ances to Infractions except in certain instances;
"
ORDINANCE NO. 77-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY REPEALING AND
AMENDING VARIOUS SECTIONS OF THE GILROY CITY CODE SO AS TO MAKE VIOLA-
TIONS THEREOF INFRACTIONS RATHER THAN MISDEMEANORS.
PASSED AND ADOPTED this 18th day of April, 1977, by the fOllowing vote:
AYES: COUNCIL MEMBERS: CHILDERS, HUGHAN, LINK, PATE, STOUT and GOOD-
RICH.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBER: CUNNINGHAM;
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Set May 2, 1977 as a Public Hearing on a prezoning request of
Charles Acker from Al-2.5 (County Agricultural) Zone to M2 (General .In~
dustrial) District on 8.48 acres located easterly of South Chestnut
Street, opposite Banes Lane; and
Salary Approved Salary Achievement Level Increases for the following
Increases Six (6) City Employees: Rick Brown, Recreation Supervisor I, Range 28.5
from Step "B" $926. to Step "C" $973.; Robert Echt, Groundskeeoer I, .
Range 25 from Step "B" $782. to Step "C" $819.; Orval Jones, Police Offi-
cer Trainee, Range 24.5 from Step "A" $728. to Step "B" $762.; Richard
Lake, Police Sergeant, Range 36 from Step liD" $1471. to Step "E" $154'21-.;
Judy Rogers, Account Clerk - Computer Operator, Range 24.5 from Step "B"
$762. to Step "C" $801. and Nicholas Pisca, Public Works' Maintenance I,
Range 25 from Step "A" $743. to Step "B" $782.
Councilman Cunningham entered and took his seat at the Council
-
table.
Pub.Hear.re: The Mayor stated that it was the time and place scheduled for q
Wastewater Public Hearing on the proposed locations of the planned Sewerage Treat-
Treat.Plant ment Plant and Interceptor Pipeline.
Project
City Administrator Wood explained Staff's Report on same.
Mr. Ted Way, Consluting Engineer of Consoer Townsend addressed
the Council and explained the "Fact Sheet" which summarized the informa-
tion developed during the preparation of the final EIR and Project Re-
port, specifically Population and Flow Projections; Interceptor Alignment
and Costs; Treatment Plant Costs: Local Shares; and Alternative Treat-
ment Plant and Percolation Pond Sites.
Discussion was had by Council on same.
1<<",.4
The Mayor asked if there was anyone in the audience wishing to
speak for or against the proposed project.
Mr. Courtland Rush, Chairman of the Santa Clara Valley Water
District addressed the Council, and inquired about plans in said project
for reclamation purposes.
Director of Public Works-City Engineer Hansen explained the
Soils Reports for the proposed sites.
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The Mayor asked if there was anyone further in the audience
wishing to speak for or against the proposal.
Mr. Warren Blakely, Gilroy Foods, representing various local
industries addressed the Council opposing the North Site location for the
proposed project.
Mr. Anthony C. Silva, 400-5th Street, Gilroy, addressed the
Council, recommending that the proposed project be constructed on the South
Site proposal.
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Mr. Jerry Rianda, 7810 Miller Avenue, Gilroy, addressed the
Council, opposing the West Site and favoring the South Site location.
Mr. Courtland Rush, representing himself, noted that the land
costs for the North, East or West Sites would be more expensive than the
land for the South proposed Site.
)
Mr. George Voss, 6930 Holsclaw Road, Gilroy, addressed the
Council noting concern for odor control on the oroposed project; and
noting that the existing plant creates an odor problem at certain times.
Mr. Roy Uyeno, local farmer presently farming lands around
the existing Sewer Farm addressed the Council, opposing the Westerly Site.
The Mayor asked if there was anyone further in the audience
wishing to speak on the proposed project. There was no comment.
Motion was made by Councilman Link seconded by Councilwoman
Hughan and carried that the Public Hearing be closed.
At 9:51 p.m. the Mayor declared a recess and reconvened the
meeting at 10:00 p.m.
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Discussion was had"by Council in regard to the proposed loca-
tion of the new wastewater treatment plant.
Motion was made by Councilman Pate seconded by Councilman
Link and carried that the City of Gilroy continue to operate a Joint
Sewer Pl ant wi th the City of Morgan Hi 11. Counci 1 man Stout voted uno"
on the motion.
Motion was made by Councilman Pate seconded by Councilman
Link and carried that the proposed North and East Sites be eliminated
from the proposed project.
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Further discussion was had by Council.
Motion was made by Councilman Link seconded by Councilman Pate
and carried that the type of sewer plant would be aeration and that the
number of acres needed for same would be a maximum of l27,cost prevailinq,
for a secondary treatment plant requirement if needed. . .
Motion was made by Councilman Stout seconded by Councilman
Link and carried that the Council approves the concept of that portion
of the West Site needed for the hardware of the project and that portion
of the South Site needed subject to final approval 'df same at the next
regular Council Meeting of May 2, 1977 upon receipt of a new drawing of
same by Consoer Townsend, with final site location and acreage to be
decided upon at that time.
Motion was made by Councilman Pate seconded by Councilman
Link and carried that the City accept the East side location for the
interceptor line reserving the capacity of same to be as alternate bids.
(10:53 p.m.)
Pub.Hear.re: The Mayor stated that it was the time and olace scheduled for
OPL's the continued Public Hearing for reconsideration of adopted Official
Chestnut St. Plan Lines for Chestnut Street between Lewis Street and I.O.O.F. Avenue.
Mr. John Klarich, Attorney representing the Ghirlanda property,
addressed the Council and requested that said hearing be continued to
May 16, 1977 in order to obtain an up-dated appraisor's figures for the
Ghirlanda property from an appraisor other than the Citys. Motion was
made by Councilman Link seconded by Councilman Childers and carried that
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the Public Hearing be continued to May 16, 1977 as requested.
Pub.Hear.re: The Mayor stated that it was the time and place scheduled for a
HCD Funds Public Hearing on the proposed program developed for the Housing and Com-
munity Development Act of 1974 to Consider the allocation of additional
HCD Funds.
City Administrator Wood presented and explained the Staff's Re-
port noting it had been learned today that the allocation of said funds has
been reduced from $50,825.00 to $44,825.00 recommending that construction of
landscaping and recreational facilities in Eastside Park be reduced to
$2,000.00 and that the title of same be changed to Public Facilities on
the East Side of the Community.
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The Mayor asked if there was anyone in the audience wishing to
speak for or against the proposal. There was no comment from anyone in the
audience.
Motion was made by Councilman Link seconded by Councilman Childers
and carried that the Public Hearing be closed.
Discussion was had by Council.
City Administrator Wood recommended that Council reallocate the
$26,000.00 grant approved for this year from El Roble to Public Facilities
on the East Side of the Community.
Motion was made by Councilman Link seconded by Councilwoman Hughan
and carried that Construction of landscaping and recreational facilities in
Eastside Park be reduced to $2,000.00 and that the title of same be changeq
to Public Facilities on the East Side of the Community.
Motion was made by Councilman Pate seconded by Councilman Link
and carried that the $26,000.00 grant approved for this year be reallocateq
from El Roble to Public Facilities on the East side of the Community.
......
E.Freeway A petition from Sarah A. Brem Requesting annexation of property
Annex. 77-2 to be known as IIEast Freeway Annexation 77-2 to the City of Gilroyll 10cate9
between Luchessa Avenue and Tenth Street containing 14.052 acres was noted.
Ord.#77-16 Motion was made by Councilman Pate seconded by Councilman Link
that the reading of Ordinance No. 77-16 be waived and that it be adopted.
~H{_
ORDINANCE NO. 77-16
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF
GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNAT~D
AS IIEAST FREEWAY ANNEXATION 77-2 TO THE CITY OF GILROYII.
PASSED AND ADOPTED this 18th day of Aoril, 1977, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOYT
and GOODRICH.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Res.#77-30 Motion was made by Councilman Pate seconded by Councilman Link
that the reading of Resolution No. 77-30 be waived and that it be adopted
removing said territory from the Gilroy Rural Fire District.
RESOLUTION NO. 77-30
--
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY WITHDRAWING FROM THE GILROY
RURAL FIRE DISTRICT TERRITORY THEREIN RECENTLY ANNEXED TO THE CITY OF GIL- ..
ROY UNDER THE DESIGNATION "EAST FREEWAY ANNEXATION 77-2 TO THE CITY OF GIL-
ROYII.
PASSED AND ADOPTED this 18th day of April, 1977, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT
and GOODRICH. .
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Land Use &
Economic
Concerns
Mr. Hugh Graham, reoresenting the Santa Clara County Planning
Department addressed the Council, and explained and summarized a report on
3925
IILand Use & Economic Concernsll requesting Council's views on same. Council
recommended that the County Planning Department provide for more industry
in South County and more housing in North County.
Councilman Cunningham requested a copy of said County Plan cur-
rently under discussion.
The Myor asked if there was anyone in the audience wishing to
speak on any matter not on the agenda. There was no comment from anyone in
the audience.
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IIIiooilIIf
Firemen's
Assoc.
City Administrator Wood presented a report from the City's Consul-
ting Attorney in regard to the Firemen's Association Case.
Mr. Hal Lawrence, Fire Engineer addressed the Council requesting
to reopen negotiations with the Firemen's Association for the second and
third year as they have not signed a contract with the City as have the
other Associations. Council indicated that they do not wish to open nego-
tiations with the Firemen's Association as recommended by City's Consult-
ing Attorney and instructed the City Administrator to notify the Firemen's
Association of same.
~otary Club City Administrator Wood presented a request of the Gilroy Rotary
Flea Mkt. Club to close Fourth Street for their annual Flea Market on May 14, 1977.
Motion was made by Councilman Stout seconded by Councilman Link
and carried that Fourth Street be closed on May 14, 1977 for the Gilroy
Rotary Club's Annual Flea Market.
League Leg. City Administrator noted the League of California Cities Legisla-
Conf. tive Conference May 16-18, 1977.
Solid Waste City Administrator Wood requested that the letter from the City
Manage- of Santa Clara in regard to Enforcement Agency Under Solid Waste Manaqe-
ment ment Program be continued due to the lateness of the hour. Council con-
""" Program curred.
Bay to: Prop. An offer of Mr. N. Bay to to sell real property to the City
for Sale located across from the Fifth Street (Las Animas) Fire Station was noted.
Motion was made by Councilman Stout seconded by Councilman Pate and car-
ried that the City decline the offer of Mr. Bay to to purchase his property
on Fifth Street.
Frisone-Temp. A request of Mr. Larry Frisone for an extension to use a temporary
trailer trailer at his First Street construction site not to exceed 120 days was
noted. Motion was made by Councilman Pate seconded by Councilman Link and
carried that the request of Mr. Larry Frisone be granted for a maximum of
120 days.
S.C. Valley
Water
Di st.
study
City Administrator Wood presented an estimate of $7,000.00 for
a proposed Water Re-Use Engineering Study of the Santa Clara Valley Water
District. Motion was made by Councilman Pate seconded by Councilman Link
and carried that the City contribute 1/3 of the $7,000.00 cost for the
Water Re-Use Engineering Study of the Santa Clara Valley Water District.
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St. Mary's
Guil d
Carni va 1
A request of the St. Mary's Mothers' Guild was presented for per-
mission to sponsor a Carnival July 7th-10, 1977. Motion was made by Council-
woman Hughan seconded by Councilman Cunningham and carried that the request
of the St. Mary's Mothers' Guild be granted for permission to sponsor a
Carnival July 7th-lO, 1977.
IFDES
Parade
A request of I.F.D.E.S. organization to hold their annual Parade
was presented. Motion was made by Councilman Pate seconded by Councilman
Link and carried that the I.F.D.E.S. be granted permission to hold their
annual Parade.
3926
The following informational items were noted with no separate
discussion on same:
Letter of Gratitude from the family of Mr. Paul Schick;
Letter of appreciation from the Gilroy Seniors in regard to
the Air-conditioning system at the Gilroy Community Center; and '
Confirmation of City appointees to the Water Commission.
Plan. Com. Report The Report of the Planning Commission Meeting of April 7,
4-7-77 1977 was noted.
........
Annual Fire The 1976 Annual Report of the Gilroy Fire Department was
Dept. noted and the Mayor complimented the Fire Chief on the fine report sub-
report mitted.
Ind.Dev.
Report
The Gilroy Chamber of Commerce Industrial Development Report
for March 1977 was noted.
Dances-
Wheeler
Aud.
A report on the use of Wheeler Auditorium for dances was noted
and discussed. Motion was made by Councilman Stout seconded by Councilman
Pate and not carried to prohibit use of Wheeler Auditorium for future dances
after May 5, 1977. Further discussion was had by Council.
Motion was made by Councilman Childers seconded by Councilman
Link and carried that dances at Wheeler Auditorium be limited to local
non-profit organizations.
'"
Air-Cond.- A report on the engineering estimates of the air-conditioning
Com. Center at the Community Center was noted and discussed. Motion was made by Coun-
cilwoman Hughan seconded by Councilman Childers and carried that the firm
of Richard Lee, Monterey, California, be hired for installation of the air-
conditioning system at the Community Center in the amount of $1,480.00 as
recommended by Staff.
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IIIilIIIl
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$.Mont.St.
Beautufi-
cation
Proj.
A report on a recommendation to hire Townscapes of Los Gatos
as the architect for the South Monterey Street Beautification Project was
noted and discussed.
"'"
Motion was made by Councilwoman Hughan seconded by Councilman
Cunningham and carried that the Architect firm of Townscapes be hired for
the South Monterey Street Beautification Project as recommended by Staff.
Councilman Link voted uno" on the motion.
Water Conser- A report on the proposed water conservation program of the
vation City was noted and discussed. Motion was made by Councilman Pate seconded
Res.#77-31 by Councilman Link that the reading of Resolution No. 77-31 be waived
and that it be adopted, prohibiting the use of outside water between the hours
of 8:00 a.m. and 8:00 p.m. effective May 1, 1977. .
RESOLUTION NO. 77-31
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING RESOLUTION
NO. 77-16 REGULATING WATER USE.
PASSED AND ADOPTED this 18th day of April, 1977, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, HUGHAN, LINK, PATE, STOUT and
GOODRICH.
NOES: COUNCIL MEMBER: CUNNINGHAM
ABSENT: COUNCIL MEMBERS: None
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Motion was made by Councilman Pate seconded by Councilman
Childers and carried that publicity be given to encourage minimum water
reduction and saving of 25% suggesting that normal household not exceed
15,000 gallons; and that the City Administrator notify extreme excess users
to comply with same.
Mesa Rd.
Ranch Trt.
6012
Director of Public Works-City Engineer Hansen presented and ex-
3927
plained a proposed Development Agreement for Mesa Road Ranch Tract 6012 Sub-
division. Discussion was had on the matter.
Motion was made by Councilman Stout seconded by Councilman Link
and carried that the Development Agreement for Mesa Road Ranch Tract 6012
Subdivision be approved subject to a modification of a portion of Stipula-
tion No.9, specifically as follows: Another agreement will be prepared for
confurrent approval stipulating the owner agrees to dedicate to the City
of Gilroy free and clear of aU encwnbrances a ten (10) acre parcel.
~~
Castlewood
#lO,Trct.
6001
Director of Public Works-City Engineer Hansen presented and ex-
plained a proposed Development Agreement for Castlewood No. 10, Tract 6001
Subdivision. Discussion was had on the matter.
......
Park Acq.
Fees
City Administrator Wood requested Council's intention in regard
to Park Acquisition Fees collected being expended on public streets and
utilities. Councilman Stout noted that said fees collected were not in-
tended to be spent on streets, etc.
Motion was made by Councilman Stout seconded by Councilman Pate
and carried that the Development Agreement for Castlewood No. 10, Tract 6001
Subdivision be approved subject to modification of Stipulation No. 7 speci-
fically as follows: In exchange for dedication of the park site the City
will wiave the park development fees for building permits issued to Ross
Park Homes up to a total value equivalent to the cost of the unimproved land.
Councilman Link voted "no" on the motion.
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So.County Bldg. Councilman Link reported on the Board of Supervisors. Meeting
Moratorium of April 18, 1977 noting that the following was adopted by said Board:
That the tra~sition zone boundaries will be recommended by the South County
Advisory Committee as originally constituted subject to approval of the
Cities of Morgan Hill and Gilroy, final approval rests with the Board of
Supervisors. Once the boundaries of the transition zones are defined the
cities will have the responsibility of planning the respective transition
areas. The County wilJ not allow any development until the Cities give
their approval. That the building permit moratorium will be lifted within
the transition zones as soon as the zones are defined and placed.
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Discussion was had on same by Council.
Council agreed with the concept requesting speci,fic clarifica-
tion of the wording of what the Board of Supervisors adopted; further
Council agreed to bring their specific questions in writing to the City
Administrator on April 19, 1977 for presentation to the Board of Supervi-
sors for clarification of same.
The Mayor advised that the meeting of April 13, 1977 in Super-
visor Steinberg's Office was attended by City representatives at the re-
quest of Mr. Ed Lazzarini, representing the South County United Committee,
at the Special Gilroy City Council Meeting of April 12, 1977. He further
advised that said meeting in the Supervisor's Office on April 13, 1977 was
not a meeting called by the City of Gilroy.
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1st & Wren Ave. Councilman Cunningham recommended that a traffic officer be
Traffic assigned to the First and Wren Avenue Intersection at the noon hour and
Signal during the time when the schools let out (late afternoon hours) to attempt
to avoid any casualties at said location since it appears to be a hazardous
traffic problem and children crossing First Street at that location and
hours. He further presented a report of the Police Chief objecting to using
Departmental personnel at various hours causing an inconsistency of manning'
said intersection creating a hazard in itself.
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City Administrator Wood reported that the State has proposed in-
stallation of a traffic signal for said location for said nroject in July
1977; further that control at said intersection would require an experienced
traffi c offi cer.
Motion was made by Councilman Cunningham that the Police Depart-
ment be directed to assign a traffic officer during peak hours, lunch and
after school, at the intersection of First Street and Wren Avenue. Motion
died for lack of a second. The Mayor instructed the City Administrator to
discuss same further with the Police Chief and report to Council at the next
regular meeting. Council took no action at this time on the matter.
3928
Res.#77-32
E.side Pk.approving
Project.
that the
City Administrator Wood presented and explained Resolution No. 77-32
the application for the 1976 State Grant Moneys for Eastside Park
Motion was made by Councilman Pate seconded by Councilwoman Hughan
reading of Resolution No. 77-32 be waived and that it be adopted.
RESOLUTION NO. 77-32
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING THE APPLICATION
FOR 1976 STATE GRANT MONEYS FOR EASTSIDE PARK PROJECT.
PASSED AND ADOPTED this 18th day of April, 1977, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT
and GOODRICH.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Notice of Motion was made by Councilman Childers seconded by Councilman Pate
Completion and carried that the Notice of Completion for the Eastside Park grading im-
Grading- provements completed last fall be approved, as recommended.
E.side Pk.
Emergency
Water
Supply
City Administrator Wood inquired as to supplying emergency water to
domestic users outside the City Limits. Council agreed that emergency water
supply to domestic users outside the City be allowed as approved by the City
Administrator and in the same manner as last year.
Garbage Costs City Administrator Wood presented a request of Mrs. Legge, property
complaint owner of eight (8) apartment units on Hanna Street, protesting the City's
required number of garbage cans because three (3) cans is all that is required
by the users at that location.
Discussion was had on the matter.
The City Attorney noted that Council could give the City Administra-
tor authority to handle problems such as this where inequities exist creating
a hardship.
Discussion was had by Council on the matter. Council agreed that
the City Administrator be authorized to work-out inequities of this type
with the property owner and the Garbage Company.
Adjournment At 12:51 a.m., Tuesday, April 19, 1977 the Mayor adjourned the
meeting.
Respecpectfully submitted,
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