Minutes 1977/11/21
Roll Call
!iffY";::-::,,,,"
-
Consent
Calendar
Minutes
Sa 1 a ry
Increases
4011
November 21, 1977
Gilroy, California
The Regular Meeting of the Gilroy City Council was called to
order by His Honor Mayor Norman B. Goodrich at 8:00 p.m.
Present: Council Members: William E. Childers, Brian D.
Cunningham, Roberta H. Hughan, Marion T. Link, John E. Pate and Norman
B. Goodrich. Absent: Council Member: David V. Stout.
Motion was made by Councilman Link seconded by Councilman
Cunningham that the following items under the Consent Calendar be
approved by the following Roll Call Vote: Ayes: Council Members:
Childers, Cunningham, Hughan, Link, Pate and Goodrich. Absent: Council
Member: Stout.
Approved the Minutes of the Regular Council Meeting of November
7, 1977;
Approved the following Salary Achievement Increases for three
(3) City Employees: Don Kludt, Police Officer, Range 32.5 from Step D,
$1,319/mo. to Step E, $1,385/mo.; Steven Morrow, Police Officer Trainee,
Range 24.1 from Step A, $774/mo. to Step B, $810/mo.; and Kabine Mara,
Sewage Treatment Plant Operator, Range 34 from Step n, $1,420/mo. to
Step E, $1,490/mo.;
Sign Violation- Set December 5, 1977, as a Public Hearing date on a sign viola-
Saccullo tion at 7648 Monterey Street, Gilroy (Saccullo Shower Door t1fg.);
Ord. #77-36 Adopted Ordinance No. 77-36 rezoning property of Filice Estate
Filice Est. Vineyards for 2.8 acres located on the south side of t10nte Bello and
Vyds.rezoninq west of Wren Avenue.
'i$,:'~"i>I
Ord. #77-37
1. Be rry p re-
zoning
Ord. #77-38
1. Carr
Rezoning
ORDINANCE NO. 77-36
ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID
CITY BY REZONING A 2.8 ACRE PARCEL AT THE SOUTHWEST CORNER OF MONTE
BELLO DRIVE AND KERN AVENUE FRot1 R2 (SECTION 49) MID Rl DISTRICT TO R2
DISTRICT.
PASSED AND ADOPTED THIS 21st day of November, 1977, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE and
STOUT;
Adopted Ordinance No. 77-37 prezoning property of Trevis Berry
for thirty (30) acres located on the south side of Pacheco Pass High-
way and easterly of Hirasaki Farms Road from Al-2.5 Zone to M2 District;
ORDINANCE NO. 77-37
ORDINANCE OF THE CITY OF GILROY M1ENDING THE ZONING ORDINANCE OF SAID
CITY BY PREZONING A 30 ACRE PARCEL ADJOINING THF CITY OF GILROY ON THE
SOUTH SIDE OF PACHECO PASS HIGHWAY, EAST OF ITS INTERSECTION WITH THE
SOUTH VALLEY FREEWAY AS M2 (GENERAL INDUSTRIAL).
PASSED AND ADOPTED this 21st day of November, 1977, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE and
GOODRICH.
NOES: COUNCIL MEt1BERS: None
ABSENT: COUNCIL MEMBER: STOUT;
Adopted Ordinance No. 77-38 rezoning property of Thomas A. Carr
for .89 acres located easterly of the northerly extension of Delta Drive
from R1 to R3 District;
ORDINANCE NO. 77-38
ORDINANCE OF THE CITY OF GILROY AMENnING THE ZONING ORDINANCE OF SAID
CITY BY REZONING A 0.89 ACRE PARCEL ON THE EAST SIDE OF DELTA DRIVE
BETWEEN CALABRESE WAY AND WELBURN AVENUE FROM R1 DISTRICT TO R3 DISTRICT.
4012
Ord. #77-39
J.Blackstone
rezoning
D. Terasi
Rezoni ng
Bids re: Las
Animas Fire
Stn. & West-
wood & 1st
Signals
Pub. Hea r. re:
A. Benassi
prezoni ng
PASSED AND ADOPTED this 21st day of November, 1977, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: CHILDERS, CUNNINGHAM,
AND GOOORICH.
COUNCIL MEMBERS: None
COUNCIL MEMBER: STOUT;
HUGHAN, LINK, PATE,
Adopted Ordinance No. 77-39 rezoning property of James Black-
stone and the City of Gilroy for 6.07 acres located on the north
side of Old Gilroy Street between East Street and South Valley
Freeway from C1 to M2 District.
--
ORDINANCE NO. 77-39
........
ORDINANCE OF THE CITY OF GILROY AMEtlDH!G THE ZON INr, ORDINANCE OF
SAID CITY BY REZONING A 6.07 ACRE PARCEL ON THE NORTH SIDE OF OLD
GILROY STREET BETWEEN EAST STREET AND THE SOUTH VALLEY FREEWAY FROM
C1 DISTRICT TO M2 DISTRICT.
PASSED AND ADOPTED this 21st day of November, 1977, by the following
vote:
AYES:
COUNC IL MD~BERS:
NOES:
ABSENT:
COllNCIL MEMBERS:
COUNCI L t1EMBER:
CHILDERS, CUNNINGHAM,
and GOODRICH
None
STOUT;
HUr,HAN, LINK, PATE,
Set December 5, 1977, as a Public Hearinq date on a rezoning
request of Dan Terasi for 11.3 acres located on the east side of
Forest Street and south of Leavesley Road from M2 to C2 District.
Director of Public Works-City Engineer Hansen presented and
explained a report of the following bids received November 17, 1977,
for EDA Grant Projects:
Las Animas Fire Station Project - Gordon E. Farotte,
$301,314.00, noting that the EDA Grant available for same is
$369,850.00, recommending that the bid be awarded and the $41,186.00
balance be transferred to the Miller Avenue Water Main Project which
is insufficiently funded by $36,500.00, subject to EOA approval. It
was also noted that the grant application did not provide for any
reimbursement for project insnection fees or utility service connec-
tion fees, requesting a grant fund redistribution of ~328,664.00
for said project and balance transferred to the Miller Avenue Water
Main Project.
Councilwoman Huqhan declared herself absent due to a conflict
of interest in the Las Animas Fire Station Project.
-
-
Motion was made by Councilman Link seconded by Councilman
Cunningham and carried that the bid of Gordon Farotte in the amount
of $301,314.00 be awarded subject to final approval of same by EDA
and approving the transfer of funds requested.
Signalization - Westwood Drive and First Street - Howard
Electric, $61,420.00, noting that the EDA grant available for same
is $85,000.00. It was recommended that the EDA grant budget be
amended for a total project of $79,545.00 to allow for administra-
tion, project inspection fees, equipment and contingencies, with
the excess grant funds to be transferred to another project upon
approval of EDA. Motion was made by Councilman Childers seconded
by Councilman Link and carried that the bid of Howard Electric in ...
the amount of $61,420.00 be awarded subject to EDA approval, and
authorizing EDA grant budget transfer as recommended subject to ...
EDA concurrence.
The Mayor stated that it was the time and place scheduled
for a public hearing on a prezoning request of A. Benassi for 37
acres located on the south side of First Street approximately 300
feet east of Santa Teresa Boulevard from Al-2.5 (County Agricultural)
Zone to R1, R2, R3, and C1 Districts.
Planning Director Bedaux presented and explained Staff's
report on same.
~_.o4
i.;",""''>!Il
Pub. Hear. re:
R. Lynch
......
4013
The Mayor asked if there was anyone in the audience wishing
to speak on the matter.
Mr. Joe Gauthier, 7695 Laurel Drive, addressed the Council and
presented a petition containing 79 signatures objecting to the R2 and
R3 zoning at said location. He further noted that he personally had no
objection to the R2 buffer zone between the proposed C2 and R1 Districts.
Mr. Ed Lazzarini addressed the Council and stated that the
Council should, as policy makers, meet and consider the welfare of the
majority of the people of a City and that R1 housing in some cases is
beyond the range of few people.
Mr. John Peterson, Laurel Dirve, addressed the Council noting
that the majority of the residents in the area object to the traffic
patterns proposed within this project.
Ms. Mary Jane Funk, 7757 Laurel Dirve, addressed the Council
and concurred with the previous speaker.
Motion was made by Councilman Link seconded by Councilman
Cunningham and carried that the Public Hearinq be closed. Discussion
was had on the matter by Council.
Motion was made by Councilman Link seconded by Councilman
Cunningham and carried that the Public Hearing on said matter be re-
opened.
Motion was made by Councilman Link seconded by Councilman
Cunningham and carried that the Public Hearing on this matter be con-
tinued to Tuesday, January 3, 1978, in order to allow ti~e for residents
in the area to become more familiar with the proposed plan.
The Mayor stated that it was the time and place scheduled for
a Public Hearing on a rezoning request of Robert Lynch for eight (8)
acres located on the northeast corner of the intersection of Hecker
Pass Highway (First Street) and Morey Avenue from R1 to C1 and R3
(PUD) Districts.
Planning Director Bedaux presented and explained the Staff's
report on same.
The Mayor noted a 1 etter from ~1rs. Kathy Ladd in regard to the
use of Gaunt Avenue.
The Mayor asked if there was anyone in the audience wishing
to speak on the proposed rezoning.
Mrs. Kathy Ladd addressed the Council and further explained
hers and other residents' opposition to said proposed rezoning.
The Mayor asked if there was anyone else in the audience wishing
to speak on the matter.
Mr. Larry Lyons, developer, addressed the Council and explained
said proposed development.
Mr. Ed Putman, 1272 Swaner Drive, addressed the Council and
objected to said proposed rezoning.
The Mayro asked if there was anyone else in the audience
wishing to speak on the matter.
Mr. David Cabibi, Gaunt Avenue, addressed the Council and noted
his concern about the traffic problem that would be created from the
proposed rezoning.
Mr. Dale Springer, 8117 Catalina Court, addressed the Council
and objected to said proposed rezoning noting that the volume of
traffic created by the proposed development would create the most
problem and suggested solutions to same.
4014
Res. #77-76
The Mayor asked if there was anyone else in the audience
wishing to speak on the matter. There was no comment from anyone
in the audi ence.
Motion was made by Councilman Link seconded by Councilman
Cunningham and carried that the Public Hearing be closed.
Discussion was had by Council on the matter.
Motion was made by Councilwoman Hughan seconded by Council-
man Cunningham that Resolution No. 77-76 denying the proposed re-
zoning be adopted.
-
RESOLUTION NO. 77-76
...
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DENYING A PLM~NED
UNIT DEVELOPMENT PERMIT FOR THE PROPERTY LOCATED ON THE NORTHEAST
CORNER OF FIRST STREET AND MOREY AVENUE, CONTAINING 8.1 ACRES.
PASSED AND ADOPTED this 21st day of November, 1977, by the following
vote:
AYES:
COUNCIL MEMBERS:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBER:
CHILDERS, CUNNINGHAM, HUGHAN,
and GOODRICH
None
STOllT
LINK, PATE
At 9:25 p.m., the Mayor declared a recess. The Mayor recon-
vened the meeting at 9:27 p.m.
Thomas-Monterey City Administrator Woorl presented a signed petition from the
76-R Annex. Santa Clara Valley Water District consentinq to "Thomas-t10nterey
Annexati on 76-8 to the Ci ty of Gi 1 roy. II
Ord. #77-40
Res. #77-77
Plan. Com.
11/17/77
Motion was made by Councilman Link seconded by Councilman
Childers that the reading of Ordinance No. 77-40 be waived and
that it be adopted.
ORDINANCE NO. 77-40
-
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF
THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED
TERRITORY DESIGNATED AS IITHOMAS-MONTEREY ANNEXATION 76-8 TO THE
CITY OF GILROY. II
PASSED AND ADOPTED this 21st day of November, 1977, by the following
vote:
AYES:
NOES:
ABSENT:
.....,
COUNCIL MEMBERS: CHILDERS, HUGHAN, LINK, PATE AND GOODRICH
COUNCIL MEMBER: CUNNINGHM1
COUNCIL MEMBER: STOllT
Motion was made by Councilman Link seconded by Councilman
Childers that the reading of Resolution No. 77-77 removing the
said territory from the Gilroy Rural Fire District be waived and
that it be adopted.
RESOLUTION NO. 77-77
RESOLUTION OF THF COUNCIL OF THE CITY OF GILROY WITHDRAHING FROM THE
GILROY RURAL FIRE DISTRICT TERRITORY THEREIN RECENTLY ANNEXED TO THE
CITY OF GILROY UNDER THE DESIGNATION "THOMAS-MONTEREY ANNEXATION
76-8 TO THE CITY OF GILROY. II
PASSED AND ADOPTED this 21st d~y of November, 1977, by the following
vote: ~
AYES: COUNCILMEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE
AND GOODRICH _
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBER: STOUT
The Mayor deviated from the regular agenda in order to accom-
modate interested persons in the audience.
The Report of the Planning Commission Meetinq of November 17,
1977, was noted.
4015
The Staff's report of the proposed and recommended amendment
to the City's Urban Service Area was noted and explained by Planning
Director Bedaux. City Administrator Wood reported on LAFCO's memo of
October 5, 1977, giving procedure outlined in regard to Urban Service
Areas. Discussion was had on the matter.
...""",j
Motion was made by Councilman Pate seconded by Councilwoman
Huqhan and carried that LAFCO include the following properties in the
City's Urban Service Area: (City Administrator Wood noted receipt of
letters requesting inclusion in the urban service area from Collishaw
Corporation, Dr. Carl Bo~zo~ John Filice, and John Kent) Clyde Bradley -
Mantelli Drive (5 acres); Trevis Berry, 30.081 acres located on the
south side of Pacheco Pass Hiqhway east of the South Valley Freeway;
and 25 acres located on the south side of Pacheco Pass directly adjacent
and to the east of Trevis Berry property. It was noted that 723' of
the Trevis Berry property is already in the Urban Service Area and
that the northerly 700' of the 25 acre parcel is also currently in the
Urban Service Area. Councilman Chilrlers voted "noll on the motion.
Councilman Cunningham noted that the applicants requesting in-
clusion in the Urban Service Area should have been heard.
Councilman Link requested that within one (1) year Council
develop a policy of the Council thinking on future development of
properties outside the present City Limits.
Dr. James Neilson addressed the Council and inquired of the
matter of the Urban Service Area requiring a public hearing. The City
Attorney noted that a public hearing on same is not required.
Mr. Bert Mantelli addressed the Council noting that last year
he was informed that he would have to wait one (1) year to include his
property in the City's Urban Service Area and now is told the same
thing.
~-
Mr. Lloyd Martin addressed the Council noting that he has
developed a portion of his property and is unable to determine where
the Urban Service Area is precisely defined for the balance of his
property. He inquired if the School District requested inclusion in
the City's Urban Service Area if they would be denied same.
Dr. Carl Bozzo~ addressed the Council requesting Council to
establish a policy on future development of properties wishing to be
included in the City's Urban Service Area, request an extension of time
from LAFCO for amendments and/or inclusions to the City's Urban Service
Area, hold a Public Hearing and hear all applicants requesting inclusion
in said Urban Service Area.
The Mayor asked if there was anyone else in the audience wishing
to speak on the matter.
Councilman Cunningham suggested that the Planning Staff have an
overall management of the City's growth plan. The Mayor concurred.
Mr. John Kent addressed the Council requesting definition of
the Transition Zones vs. Urban Service Areas. Councilman Link reported
on same noting that if properties in the County are within the City's
Transition Zones that same could be developed on 2.5 acre parcels under
the County's jurisdiction.
Supervisor Sig Sanchez addressed the Council noting that build-
ing permit applications in the County that are specifically for pro-
perties within the City's Transition Zone will be referred back to
the City for City approval, therefore noting the need for the City's
General Plan revisions. He further noted that if the City required
additional time to recommend amendments or inclusions in the Urban
Service Area to LAFCO, they may grant a 30-60 day extension if requested.
Councilwoman Hughan suggested that the Mayor appoint a Council
Advisory Committee on Growth Management to work with the Planning Staff.
The Mayor noted that he would appoint same. (Immediately following the
meeting, the Mayor appointed Council Members Huqhan~ Link and Cunning-
ham as said Council Advisory Committee.)
4016
Pub. Hear. re:
Z on. 0 rd .
Amend. Sec.
83.1
Envi ronmenta 1
Manage.Plan
Diesel vs.
Propane-
Transit Buses
Plan. Com.
Aceves resi g-
nation
Blackstone-
Temporary
Trai 1 er Perm.
Ord. re:
No Smoking
Plan. Com.
Braquet resig-
nation
El Roble Pk.
Recreat ion
Fees
At 10:40 p.m., the Mayor declared a recess and reconvened
the meeting at 10:46 p.m.
Motion was made by Councilman Pate seconded by Councilman
Link and carried that a Public Hearing date of December 5, 1977,
be set to hear the report on a proposed amendment to Section 83.1
of the Zoning Ordinance changing violations thereof from mis-
demeanors to infractions.
The Mayor 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.
...
A letter from Supervisor Rod Diridon requesting Council to
hear a report on Environmental Management Plan was noted. City
Administrator Wood noted that he would request a date early in
December for Council to have a study session on same.
A letter from Supervisor Dan McCorquodale was noted request-
ing Council to comment in regard to diesel vs. propane for Transit
District buses. Council took no action on same.
A letter from Planning Commissioner Guadalupe Aceves, Jr.
was noted resigning from said Commission as of January 1, 1978.
Motion was made by Councilman Link seconded by Councilman Pate and
carried that Commissioner Aceves' letter be accepted with regrets.
A letter from Mr. J. H. Blackstone requesting a temporary
mobile office trailer permit from December 1, 1977, was noted.
Motion was made by Councilman Childers seconded by Councilman Link
and carried that said permit be authorized for a one (1) year period
expiring December 1, 1978.
......
.....
A letter from Ms. Maura McKay was noted requesting the City
to adopt an ordinance regulating smoking at certain public locations.
Council took no action on same.
A letter from Planninq Commisioner Marcel Braquet was noted
submitting his resignation from said Commission, effective January
1, 1978, was noted. Motion was made by Councilman Pate seconded by
Councilman Link and carried that Commissioner Braquet's letter pe
accepted with regrets.
Discussion was had regardinq various Commissioner's terms
expi ring January 1, 1978.
The following informational items were noted with no separate
discussion on same:
Letter of thanks from South County Water District;
Mr. Morton MacLeod in re: to Castro Valley Ranch;
Office of Water Recycling re: Reclaimed Water; and
State Solid Waste Management Board re: Local Enforcement
Agency.
~
-
City Administrator Wood presented and explained a report
recommending an off-set land acquisition cost for El Roble Park
against developer's recreation fees.
Motion was made by Councilman Pate seconded by Councilman
Link and carried that the City Administrator's recommendation be
approved as requested by Pyramid Homes and as presented.
Golf Course
Cart Paths
State Compo
Housing Task
Force Study
Wren Ave.
Traffic
Signals
Weed Abate.
Park Dev. Fees
-
4017
City Administrator Wood presented a request of the Golf Course
to advance funds for Cart Path Paving. Motion was made by Councilman
Cunningham seconded by Councilman Link and carried that the request for
advance of funds in the amount of $3,000 be allowed as recommended.
A report on State Compensation's change in the quarterly billing
and Revenue Sharing Anti-recession Fiscal Assistance - Public Works
Title II was presented and explained. Motion was made by Councilman
Link seconded by Councilman Childers and carried that the 77-78 Budget
be amended in the amount of $74,277.00 ($58,722 transfer from the present
budgeted retirement funds to paqe 12 of the 77078 Budget and the balance
for Police Salaries $15,555) as recommended, to allow for the advance
bill inq.
City Administrator Wood presented and explained a report on the
County Housing Task Force Study and recommended opposing same at this
time. Council concurred.
A report on Wren Avenue Traffic Sianals was presented. Director
of Public Works-City Engineer Hansen invited Council to attend an in-
formal meeting with the State on December 2, 1977, regarding same.
Councilman Cunningham sugqested that the local legislatures be contacted
to encourage earlier funding of said project.
City Administrator Wood presented a report on the Weed Abatement
contract for 1978 and recommended extending the present contract with
C. J. Simms. Motion was made by Councilman Link seconded by Councilman
Cunningham and carried that the present Weed Abatement contract with
C. J. Simms be extended for the 1978 year.
A report on Park Development Fees was presented and further
explained by Parks and Recreation Director Ayer.
Mr. James O'Brien, Association of Building Industry, addressed
the Council opposing the proposed increase in park acquisition fees.
Motion was made by Councilman Pate seconded by Councilman Cun-
ningham that the reading of Resolution No. 77-78 establishing a $200
Park Acquisition Fee for one (1) bedroom house and $75.00 for each
additional bedroom, be waived and that it be adopted to become effective
January 1, 1978.
RESOLUTION NO. 77-78
A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AMENDING SECTION 9
OF RESOLUTION NO. 76-41 SO AS TO MODIFY RECREATION FEES FOR THE OEVELOP-
MENT OF RESIDENTIAL PROPERTY.
PASSED AND ADOPTED this 21st day of November, 1977, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, PATE and GOODRICH
NOES: COUNCIL MEMBER: LINK
ABSENT: COUNCIL MEMBER: STOUT
City Administrator Wood recommended that the report on presenta-
tion of South Monterey Street Beautification Project and recommendation
to approve the OTS Traffic Controls Inventory be continued to the next
regular Council Meeting. Council concurred.
Def. Dev. Agree.- Director of Public Works-City Engineer Hansen recommended approval
T. Carr of a deferred development aqreement with Thomas A. Carr (Walnut Lane).
Motion was made by Councilman Link seconded by Councilman Cunningham and
carried that the deferred develooment agreement with Thomas A. Carr
(Walnut Lane) be approved as recommended.
Hidden Glen
Unit #4
Director of Public Works-City Enqineer Hansen recommended approval
of Hidden Glen, Unit No.4 Subdivision Agreement and Improvements. Motion
was made by Councilwoman Hughan seconded by Councilman Link and carried
that the Subdivision Agreement and Improvements for Hidden Glen, Unit #4
be approved as recommended.
4018
Ord. #77-41 re: The City Attorney reported on a proposed School Impact
School Impact. Ordinance.
Requi rements
, Mr. James O'Brien, representing the Association of Building
Industries, addressed the Council and objected to the proposal,
specifically, being an emerqency ordinance.
Motion was made by Councilman Pate seconded by Councilman
Cunninqham that the readinq of Ordinance No. 77-41 be waived and
. .
that it be adopted.
ORDINANCE NO. 77-41
AN ORDINANCE OF THE COUNCIL OF THE CITY OF GILROY REQUIRING DEDI-
CATION OF LAND OR FEES OR BOTH FOR SCHOOL FACILITIES AS A CONDITION
OF RESIDENTIAL DEVELOPMENT IN ATTENDANCE AREAS OF OVERCROWDED
SCHOOLS (GOVERNMENT CODE SECTIONS 65970 TO 65978).
PASSED AND ADOPTED THIS 21st day of November, 1977, by the following
vote:
AYES:
COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE,
AND GOODRICH
COUNCIL MEMBERS: NONE
COUNCIL MEMBER: STOllT
NOES:
ABSENT:
Crosswalk-Adj.
to Conv.Hosp.
Councilman Childers suqqested that a pedestrian crosswalk
be painted on the pavement at Murray Avenue in front of the Con-
valescent Hospital by the Mobile Trailer Park.
Adjournrrent
At 11:53 p.m., the Mayor adjourned the meeting.
Resnectfully submitted,
~~~'Cld~