Minutes 1981/12/21
Ro II Ca 11
4665
December 21, 1981
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: Sharon A. Albert, Donald F. Gage, Roberta
H. Hughan, Marion T. Link, Robert E. Taylor, Pete Valdez, Jr. and Norman B.
Goodrich.
i/IIIfIIIIIIII
I
Cert. of Service- The Mayor presented a Certificate of Service to george C. Renz,
Geo. C. Renz retired member of the Building Code Appeals Board. Mr. Renz thanked the
Council for the award and wished everyone a Merry Christmas and a Happy
New Year.
......
Res. #81-11
Capt. E. E.
Boswell, CHP
Consent
Calendar
-
Minutes
Salary
Increases
Pub.Hear.-
Ringel-Arita
Corp. Pre-
zoning Req.
Pub. Hear. re:
Jasker, Inc.
Tent. Map
Request
re: The Mayor noted the reti rement of Captain E. E. Boswell from the
California Highway Patrol. Motion was made by Councilwoman Hughan seconded
by Councilman Link that the readinq of Resolution No. 81-111 honoring
Captain Boswell upon his retirement from the California Highway Patrol be
waived and that it be adopted.
RESOLUTION NO. 81-111
A RESOLUTION OF THE COUNCI L OF THE CITY OF GILROY HONORING CAPTAIN E. E.
BOSWELL UPON HIS RETIREMENT FROM THE CALIFORNIA HIGHWAY PATROL.
PASSED AND ADOPTED this 21st day of December, 1981, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ
and GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
Motion was made by Councilman Link seconded by Councilman Taylor
that the following items under the Consent Calendar be aprpoved by the
following Roll Call Vote: Ayes: Council Members: Albert, Gage, Hughan,
Link, Taylor, Valdez and Goodrich:
Approved the Minutes of the Regular Council Meeting of December 7,
1981 ;
Approved Salary Achievement Increases for the following four (4)
City Employees, effective January 1, 1982: Jim Rozak and Frank Bozzo,
Police Officers, from Range P32.5 Step B, $1,878/mo. to Step C, $1,972/mo.;
Elia Salinas, Police Cadet, from Range P21-C, $6.60/hr. to Step D, $6.92/hr.;
and Bill Lowery, Jr. Civil Engineer, from Range 35.5a Step C, $2,149/mo. to
Step D, $2,254/mo. The following employee was granted a Salary Achievement
Increase retroactive to December 1, 1981: Norman Chapin, Police Officer,
from Range P32 Step B, $1,831/mo. to Step C, $1,921/mo.;
Set January 4, 1982, as a Public Hearing date on a prezoning request
of Ringel-Arita Corp., applicant, on 15.9 acres located on the west side
of Kern Avenue, north of Welburn Avenue, to Rl PUD (Single-Family Residence)
Planned Unit Development District;
Set January 4, 1982, as a Public Hearing date on a Tentative Map
request of Jasker, Inc., applicant, for industrial subdivision of nine
(9) lots, zoned M2 (General Industrial) District, located on the west side
of Murray Avenue, 450 feet south of Las Animas Avenue, on approximately
10 acres;
"......
Def. Deve. Agree.- Approved a Deferred Development Agreement with Virginia R. and Elmer
Burgman , H. Burgman;
.......
Budget
Amendment
Res. #112 re:
10" Sanitary
Sewer Chg.
Approved amendments to the 1982-82 Revenue and Expenditure Budgets;
and
Adopted Resolution No. 81-112 amending Resolution No. 81-69 re:
front foot fees for 10" sanitary sewer main.
RESOLUTION NO. 81-112
A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AMENDING RESOLUTION NO.
81-69 SO AS TO CORRECT THE FRONT FOOTAGE IMPROVEMENT CHARGES FOR THE
INSTALLATION OF 1011 SANITARY SEWER.
4666
Street Tree
Ma i nt.
'1~'
PASSED AND ADOPTED this 21st day of December, 1981, by the followina
vote: .
AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ
and GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
City Administrator Wood noted continuance of the matter of bids
received for the pruning of street trees and other street care
work from the December 7, 1981, Council Meeting and requested Council
to take action on the matter tonight by awarding the contract and retain
the Arborist, award the contract and eliminate the arborist, or keep 1
the city crew and maintain our current level of service. .,
......,
Discussion was had on the matter. Motion was made by Council-
woman Hughan seconded by Councilwoman Albert that the bids for pruning
of street trees and other street care work be rejected and that the
City not go to bid for same at this time, based on these contract bids.
The motion passed by the following Roll Call Vote: Ayes: Council
Members: Albert, Hughan, Valdez, and Goodrich. Noes: Council Members:
Gage, Link and Taylor.
Motion was made by Councilman Taylor seconded by Councilman
Link to phase out the tree maintenance program as far as City Employees
and equipment are concerned at the end of the current fiscal year (June
30, 1982) and prior to that time, notify the contractors the City will
be going to bid for regular tree pruning, emergency callout per hour,
clearance and hazardous tree pruning per hour, and that during budget
sessions, a monetary figure be inserted to take care of root pruning
and that spraying be done by City crews. The motion failed by the
following Roll Call Vote: Ayes: Council Members: Gage, Link, and Tay-
lor. Noes: Council Members: Albert, Hughan, Valdez and Goodrich.
Res. #81-113 re: Motion was made by Councilman Taylor seconded by Councilman Link
Gilman Rd. Re- that the reading of Resolution No. 81-113 approving annexation and re-
organization moving territory known as IIGilman Road Reorganization 81-811 from the ."
81-8 South Santa Clara County Fire District be waived and that it be adoDted.
Buildout &
Tent. Map
Extensions
So. Valley
Couns. Ctr.
RESOLUTION NO. 81-113
........
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY PURSUANT TO
DIRECTION BY SANTA CLARA COUNTY LOCAL AGENCY FORMATION COM~lISSION WITH
REGARD TO A REORGANIZATION PURSUANT TO THE DISTRICT REORGANIZATION ACT
OF 1965 DESIGNATED AS IIGIU~AN ROAD REORGANIZATION NO. 81-8 OF THE CITY
OF GILROY. II
PASSED AND ADOPTED this 21st day of December, 1981, by the following
vote:
AYES:
COUNCIL MEMBERS:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
ALBERT, GAGE,
and GOODRICH
NONE
NONE
HUGHAN, LINK, TAYLOR, VALDEZ
City Administrator Wood noted requests for extensions from various
developers. Motion was made by Councilman Link seconded by Councilman
Valdez that the following requests for extensions be granted for one (1)
year, expiring December 31, 1982:
1) Ed Kirk Construction Company for Tentative Subdivision Map
for Park Meadows, Tract No. 7078.
2) Barnett-Range Corporation for buildout schedule on Tract
No. 6663 (Lands of Woodworth).
1
...."
3) Richard J. Scagliotti for buildout schedule for eight (8)
units on the west side of Church Street between Eighth and Ninth Streets.
City Administrator Wood noted that no action was needed on a
request of John M. Filice for an extension of his 1981 buildout schedule.
City Administrator Wood noted the request of Judge W. F. Brown,
Jr., urging a use permit be granted to South Valley Counseling Center.
It was further noted that the matter is presently before the Planning
Commission.
4667
Garbage Rate City Administrator Wood noted a request from South Valley Refuse
Increase Disposal Co. for a 12% rate increase in garbage service beginning March 1,
1982 .
Motion was made by Councilman Link seconded by Councilman Gage and
carried that a 12%(+) rate increase, rounded to the nearest 5~, be approved
as requested by South Valley Refuse Disposal, Inc.
Temp. Thrift
Shop-8877
Monterey St.
City Administrator Wood noted a letter from Mr. Everett Smith,
Cushman & Wakefield of California, Inc., requesting Council consideration
of a proposal to locate a horse racing facility in the South County area.
Council deferred the matter until additional information is available and
instructed the City Administrator to obtain same.
City Administrator Wood presented a request of Loring Howard and
Manuel M. Martinez for a temporary use permit for a thrift shop at 8877
Monterey Street.
Planning Director Dorn further explained the matter, noting that
the usage for such a permit conforms to the General Plan but the zoning
does not conform at this time.
Horse Racing
Faci 1 ity
--
....
Mr. Loring Howard, partner, addressed the Council and further
explained his request.
Discussion was had on the matter. Motion was made by Councilman
Link seconded by Councilman Gage and carried that a one (1) year temporary
use permit be granted for a thrift shop at 8877 Monterey Street, expiring
December 31, 1982, subject to the building being brought up to Code.
R. Berhorst re: City Administrator Wood noted a request of Mr. Ron Berhorst for a
Limited Taxi 1I1imitedll taxi or escort service.
Servi ce
tflliI""'l
Mr. Ron Berhorst addressed the Council and explained his request
noting that said service would be specifically for transporting inebriates
and their vehicles home safely and that said requests would be made by
restaurants, bartenders, or the individuals themselves.
--
Discussion was had on the matter. Motion was made by Councilwoman
Hughanseconded by Councilman Link and carried that the request of Mr. Ron
Berhorst for a limited escort service be postponed to the next meeting
and referred same to the Chief of Police for his recommendation.
The Mayor asked if there was anyone present in the audience wishing
to speak on any matter not on the agenda. There was no comment from anyone
in the audience.
The Mayor noted the following informational items with no separate
discussion on same:
Assemblyman Ernest L. Konnyu in re: to the Capitol Restoration
Celebration, Janaury 4-10, 1982;
Gavilan Water Conservation District in re: to Water Reclamation
Agreement;
Notice of E.I.R. pre~r~ion on South County Airport Lights; and
...... Graphic display of Current Highways and Roads Financing.
... Jt. Powers Agree. City Administrator Wood noted a revised Joint Powers Agreement for
Intergvtl. Intergovernmental Employee Relations Services.
Emp.Relations
Service Personnel Director Booth further explained same.
Mortgage Rev.
Bond Program
Motion was made by Councilman Gage seconded by Councilman Taylor
and carried that the matter be continued to the January 4, 1982, Council
Meeting in order for Council to further review same.
City Administrator Wood presented a Report on the County Mortgage
Revenue Bond Program and requested approval of an agreement for same.
4668
Morey Ave.
Drainage
Project
Handicapped
Pkg. Kits
Add' 1 Personnel
@ STP
Pkg. in
Curb Returns
Ind. Sewer
System
Aerators
Moti on was made by Councilwoman Hughan seconded by Counci 1-
man Link and carried that the agreement with the County of Santa
Clara for Cooperative Mortgage Revenue Bond Program be approved with
the addition, under Section 9, that a $2,500 maximum cap on Dotential
excess costs, be added. '
Ineity Administrator Wood presented a report on a land Darcel acquisition
for the Morey Avenue Interim Drainaqe Facility and noted a proposed
agreement with the Santa Clara Valley Water District covering said
acquisition.
City Administrator Woorl further noted that to date, the State
has not authorized, nor funded, this acquisition; however, it is pro-
posed that the City advance the costs which will be reimbursed by the
several owners included in the interim drainage project. He further
noted that at such time as the State may fund this acquisition, the
District will reimburse the City, and the City, the respective property
owners.
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I
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Mr. Wood recommenrled the agreement be amended to allow the City
to review the District's acquisition appraisal with the affected
property owners as a precedent to proceeding with the acquisition.
Discussion was had on the matter.
~10tion was made by Councilman Link seconded by Councilman Val-
dez and carried that the agreement with the Santa Clara Valley Water
District concerning the purchase of a parcel of land on Lion's Creek
be approved with the stipulation that the landowners purchasing the
right-of-way will be reimbursed or the excess land be returned to the
owners if the 110' right-of-way is more than required; and ~urther,
that the City have the right to review the District's acquisition
appraisal with the affected property owners prior to acquisition.
Director of Public Works Hansen recommended adopting a policy
of selling to those who wish handicanped parking stalls, kits which
would include posts, paint, and a cardboard stencil, noting that said
kits would cost approximately $30.00. He further noted that these
would be for private property owners only.
t10ti on was made by Council man Gage seconded by Councilman Li nk
and carried that the City adopt a policy of selling to private property
owners kits to install handicapped parking stalls at an apnroximate .
cost of $30.00 per kit.
lliIIlI\
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Director of Public Works Hansen reported on additional staff
needs at the Sewer Treatment Plant to cover additional reclamation
nroject costs created by the Gavilan Water District backinq out of the
program's operations. Council referred the request to the Joint Sewer
Committee for recommendation.
Director of Public Works Hansen presented a recommendation to
amend the City Code Section 1560, subsection I, to prohibit parking
in curb return areas.
Discussion was had on the matter. Motion was made by Council-
man Link seconded by Councilman Valdez and carried that the change in
the Code as recommended be approved and that the City Attorney prepare
the correct wording to amend same. ___
I
Director of Public Works Hansen presented a recommendation to ---
amend the Industrial Sewer Treatment Plant budget to accommodate the
installation of additional aerators in the silt ponds, noting that the
technical committee of the Agricultural Wastewater Processing System
has requested the addition of two aerators to circumvent odor genera-
tion for the next processing season.
Discussion was had on the matter. Motion was made by Council-
man Link seconded by Councilwoman Hughan and carried that the budget be
amended in the amount of $10,000 for installation of two (2) additional
aerators at the Industrial Sewer Treatment Plant for orlor control as
requested by the industrial users.
4669
6th & Eigleberry Director of Public Works Hansen explained a proposal to enter into
Sts. Repairs a contract with J. Franzitch to provide labor for replacement of concrete
with the City providing materials for repairs to the Sixth and Eiqleberry
Streets intersection and noted the estimated cost of the project was
$7,500.00.
".,....,
--
Commissioner
Appointments
~"~"'"
B. Mo rton re:
Buildout
Allocation
RDO Rating
Scale Revi-
sion
--
-
Discussion was had. Motion was made by Councilman Link seconded
by Councilwoman Hughan and carried that the contract with Jim Franzitch
for repairs to the Sixth and Eigleberry Streets intersection be approved
as recommended with the stipulation that the City's cost for time anrl
materials not exceed $8,000 and that the findinqs of the Council show
this to be the most economical way to achieve these repairs.
Motion was made by Councilwoman Hughan seconded by Councilman Link
and carried reappointing Pat Blumberg and Ed Seledon to the Library and
Culture Commission for four-year terms, expiring January 1, 1986, and
that Joan Buchanan be appointed to fill the unexpired term of Hal Whitlock
expiring January 1, 1984.
Motion was made by Councilman Link seconded by Councilman Valdez
that Michael D. Filice and Connie Rogers be re-appointed to four-year
terms on the Parks and Recreati on Commi ssi on, expi ri ng January 1, 1986.
Motion was made by Councilman Link seconded by Councilman Taylor
and carried that Ron Mingus be re-appointed to a four-year term on the
Personnel Commission and that Harry J. True be appointed to a four-year
term, said terms expiring January 1, 1986; further, that Richard McGhee
be appointed to fill the unexpired term of newly-elected Council Member
Donald Gage, expiring January 1, 1985.
Motion was made by Councilman Link seconded by Councilman Taylor
and carried that Edith Edde and Charles Quartiroli be re-appointed to
four-year terms on the Planning Commission, expiring January 1, 1986.
The Mayor appointed Wm. Robinson and Eugene Ward to one-year
terms on the Architectural and Site Control Advisory Committee, expiring
December 31, 1982.
The Mayor noted that the request of Ben Morton Construction, Inc.
for an extension of the 1981 buildout allocations will be discussed at
an Executive Session following the meeting, at the request of the City
Attorney.
The Meeting was interrupted by the appearance of Santa Claus,
and the Mayor declared a short recess for Santa. to wish everyone a Merry
Christmas. The Mayor then reconvened the meeting.
The Residential Development Ordinance Rating Scale revisions, con-
tinued from the December 7, 1981, meeting were discussed.
Motion was made by Councilman Gage seconded by Councilwoman Hughan
that Staff be authorized to recommend specific number of points and set
up a criteria for distances a development may be from each of the factors
under Section I. The motion failed by the following Roll Call Vote:
Ayes: Council Members: Albert, Gage and Hughan. Noes: Council Members:
Link, Taylor, Valdez and Goodrich.
Motion was made by Councilwoman Albert seconded by Councilwoman
Hughan to add two (2) points to Sections II.B and II.C. Motion passed
by the following Roll Call Vote: Ayes: Albert, Gage, Hughan, Taylor
and Valdez. Noes: Council Members: Link and Goodrich.
Motion was made by Councilman Link seconded by Councilman Taylor
to remove Item C from Section III. The motion failed by the following
Roll Call Vote: Ayes: Council Members: Link, Taylor and Goodrich. Noes:
Council Members: Albert, Gage, Hughan and Valdez.
rioti on was made by Counci lwoman Hughan seconded by Council man Gage
approving the ROO Rating Scale as revised, both previously and tonight.
Motion passed by the following Roll Call Vote: Ayes: Council Members:
Albert, Gage, Hughan, Valdez and Goodrich. Noes: Council Members: Link
and Tayl or.
4670
Garage Sales
Hi s t. Heritage
Committee
Buil dout
Schedule
Extensions
Wi II i amson Act
Contract
Cance II at ions
Triton Museum
Paintings
The City Attorney requested the matter of a proposed ordinance
re: Garage Sales be continued to the next meeting.
The Minutes of the Historical Heritage Advisory Committee
Meeting of December 8, 1981, were noted.
Council woman Albert wi shed everyone a r.1erry Chri stmas and Happy
New Year and stated the Holiday Season would be an appropriate time
to have the escort service, discussed earlier in the evening, in
operation.
Councilwoman Albert asked if the City Attorney has looked
into the matter of having a lesser business license fee for local
non-profit organizations. The City Attorney noted that, previously,
we limited issuing licenses for fireworks sales to non-profit or0ani-
zations but did not waive fees for same, and that we could not limit
these to local organizations only.
....,
!
.....
Council man Gage noted the ~lanagement Performance Eva 1 uati on
samples previously distributed to Council and asked them to review
same and that the matter be agendized at some future date.
Discussion was had on buildout schedule extensions. Council-
man Link suggested granting automatic one-year extensions to the
three-year schedul es and to grant no more extensions as long as buil d-
ing permits were available. Council instructed Planning Director Dorn
to prepare new wording for buildout schedule extensions for Council
review at the same time the Residential Development Ordinance revisions
are submitted for approval.
Planning Director Dorn presented a recommendation establishing
a new fee for cancellation of Williamson Act contracts of $500.00
plus $1.00 per parcel which will require a legal notice to be sent
for the cancellation hearing.
....
Motion was made by Councilman Gage seconded by Councilwoman
Albert and carried that the fee for cancellation of Williamson Act ~
contracts be approved as recommended by the Planning Director.
City Administrator Wood noted the donation of seven paintings
from Mr. W. Robert Morgan, founder of the Triton Museum, to the City
of Gilroy. Motion was made by Councilwoman Hughan seconded by Council-
man Valdez and carried that the gift of seven paintings from Mr. Mor-
gan be accepted and that he be thanked for his gracious gift.
The Mayor noted the schedule for Council representatives to
Planning Commission meetings.
Pub. Hear. re: City Administrator Wood requested Council set a Public Hearing
Neg. Decl. for date of January 4, 1981, to review and consider approval of a Negative
Sewer Perce Declaration for the Sewage Percolation Project (Walden Property).
Pond Proj. Motion was made by Councilman Link seconded by Councilman Taylor and
carried that a Public Hearing be set for January 4, 1981, to review
and consider approval of a Negative Declaration for the Sewage Percola-
tion Project.
At 9:57 p.m., the Mayor adjourned the meeting to an Executive
Session to consider the request of Ben Morton Construction, Inc. for
an extension of the 1981 buildout allocations.
Exec. Session
re: B. Morton
Reconvene.,
Meeting
Adjournemtn
IIIIIIll
,
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At 10:26 p.m., the Mayor reconvened the meeting.
~iotion was made by Counci lwoman Hughan seconded by Counci lman
Gage and carried that the request of Ben Morton Construction Co. for
extension of 1981 buildout allocations be continuerl until after current
litigation is resolved.
At 10:28 p.m., the meeting was adjourned.
Respectfully submitted,
~~(l. (ltJdiJ'..J Deputy City Clerk