Minutes 1982/10/04
Roll Call
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Intra. New
Employee
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Consent
Calendar
Minutes
4793
October 4, 1982
Gilroy, California
The Regular Meeting of the Gilroy City Council was called to order
by His Honor Mayor Norman B. Goodrich at 8:02 p.m.
Present: Council Members: Sharon A. Albert, Marion T. Link, Robert
E. Taylor, Pete Valdez, Jr., and Norman B. Goodrich. Absent: Council
Members: Donald F. Gage and Roberta H. Hughan.
The Mayor introduced new employee, Jesse Perez, Services Coordinator,
Parks and Recreation Department.
Motion was made by Councilman Link seconded by Councilman Taylor
that the following items under the Consent Calendar be approved by the
following Roll Call Vote: Ayes: Council Members: Albert, Link, Taylor,
Valdez and Goodrich. Absent: Council Members: Gage and Hughan:
Approved the Minutes of the Regular Council Meeting of September
20, 1982;
Asphalt Recycling Accepted the Asphalt Recycling Project and the Asphalt Overlay
& Overlay Project; and
Project
Co rp . Yd.
Alarm System
Pub. Hear. re:
RDO Applics.
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Accepted the Corporation Yard Alarm System.
The Mayor stated that it was the time and place scheduled for a
Public Hearing to consider Residential Development Applications for con-
struction in 1983, 1984 and 1985.
Planning Director Dorn presented and explained the Staff Report.
The Mayor asked if there was anyone present in the audience wishing
to speak for or against the matte~ There was no comment from anyone in
the audience.
Motion was made by Councilman Link seconded by Councilman Taylor
and carried that the Public Hearing be closed.
Motion was made by Councilman Link seconded by Councilman Taylor
and not voted upon by Council in order to accommodate interested persons
in the audience.
Mr. Geary Coats addressed the Council and requested time to speak
on a Residential Development application.
Motion was made by Councilman Taylor seconded by Councilman Link
and carried that the Public Hearing be re-opened to accommodate interested
persons in the audience.
Mr. Geary Coats, representing the Wang Property, requested inclusion
of said property in the Urban Service Area for a 1984-1985 buildout allo-
cation.
Mr. Harry Lollar, representing Ruth & Going, Citation Homes, Project
82-5, addressed the Council and explained the allocated building permits
not obtained. He requested that if Council did not wish to allocate
permits for 1983, that same be approved for 1984 and 1985.
Mr. Ted Schaal addressed the Council opposing Council approval of
projection and awarding of units in years forthcoming.
Planning Director Darn explained that there are two (2) issues that
need to be addressed by the Council: 1) Where the cut-off should be as to
which will be approved and which will not be approved; 2) The buildout
assignment since Staff and Planning Commission's recommendation is sub-
stantially different.
Motion was made by Councilman Link seconded by Councilman Taylor
and carried that the Public Hearing be closed.
4794
Res. #82-113 re: Motion was made by Councilman Link seconded by Councilman
RDO (83, 84 & Taylor that the reading of Resolution No. 82-113 be waived and that
85) it be adopted accepting the reco~endation of the Planning Department
Staff as to those who will receive a buildout schedule, but to accept
the buildout schedule of the Planning Commission as to the number of
units allowed in each year. Prior to voting on the resolution, Coun-
cilwoman Albert recommended an amendment to the motion to remove the
Thomas Road properties from the buildout schedule. The amendment
to the motion died for lack of a second; Resolution No. 82-113 passed
and was adopted.
RESOLUTION NO. 82-113
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING A BUILD-
OUT SCHEDULE FOR 1983, 1984 AND 1985 UNDER THE RESIDENTIAL DEVELOPMENT
ORDINANCE.
PASSED AND ADOPTED this 4th day of October, 1982, by the following vote:
AYES: COUNCIL MEMBERS: LINK, TAYLOR, VALDEZ and GOODRICH
NOES: COUNCIL MEMBER: ALBERT
ABSENT: COUNCIL MEMBERS: GAGE and HUGHAN
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Pub. Hear. re:
82-83 USA
Requests
The Mayor stated that it was the time and place scheduled for
a Public Hearing to consider City of Gilroy 1982-1983 Urban Service
Area requests.
Planning Director Dorn presented and explained the Staff Report.
The Mayor asked if there was anyone present in the audience
wishing to speak on the matter.
Mr. Randy Barbaglia, representing Carl Ho, President of Kent-
wood Investment and Construction Co., Inc., addressed the Council re-
questing 15.34 acres be included in the Urban Service Area.
Mr. Geary Coats addressed the Council, representing T. Wang,
for inclusion of his property in the Urban Service Area.
Mr. Bill Gissler, Civil Engineer, W. J. Hanna & Son, represent-
ing Joe Kerley for inclusion of 110 acres and Lucky Hereford prooerties
of 1,600 acres into the Urban Service Area.
Mr. Victor Marquez addressed the Council requesting 10 acres on
Leavesley Road be included in the Urban Service Area that includes his
res i dence.
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Motion was made by Councilman Link seconded by Councilman Taylor
and carried that the Public Hearing be closed.
Discussion was had on the matter by Council.
Motion was made by Councilman Taylor seconded by Councilman Val-
dez and not carried by the following Roll Call Vote to approve the recom-
mendation of the Planning Commission to include Applications No.1, 2,
& & in the Urban Service Area. Ayes: Council Members: Link, Taylor and
Valdez. Noes: Council Members: Albert and Goodrich.
Motion was made by Councilman Taylor seconded by Councilman Valdez
and carried that the entire Urban Service Area matter be deferred to a
Study Session date of October 25, 1982, at 8:00 p.m. in the Council Cham-
bers to discuss same with the applicants and the Planning Commission.
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Pub.Hear. re:
Neg. Decl.
E. Llagas
Sewer Farm
Perce Area
The Mayor stated that it was the time and place scheduled for a
Public Hearing to consider a Negative Declaration for purchase and de-
velopment of East Llagas Sewer Farm Percolation Area for the Cities of
Gilroy and Morgan Hill.
Planning Director Darn presented and explained the Initial Study
and map.
The Mayor asked if there was anyone present in the audience wishing
to speak on the matter.
The following persons addressed the Council in opposition to the
City developing additional property for percolation ponds: Rosemary
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Nab Hi 11
Family Pk.
4795
Maida; Edward Maier, 2050 Pacheco Pass Highway; Bill Hail; Harold Hepner;
Courtland M. Rush and Joe Mondelli.
Motion was made by Councilman Taylor seconded by Councilman Link
and carried that the Public Hearing be closed.
Councilman Link recommended that the second paragraph on Page 2 of
the Initial Study be deleted from same; that same include only the land
that the City is losing from the 566 Project.
Motion was made by Councilman Link seconded by Councilman Valdez and
carried that the second paragraph of the second page be deleted from said
Initial Study noting that the property to be purchased is for replacement
of existing lands now being used as percolation ponds rather than for plant
expansion.
Discussion was had in regard to the number of complaints received
from the City in regard to odor from the Sewer Plant.
The City Attorney reported that as a technical point, there were
other references to Mondelli property throughout the Initial Study in
addition to the second paragraph on page 2 of the Initial Study and that
all references to Mondelli property should be removed from the Study.
Director of Public Works-City Engineer Hansen noted that since
1981 to date, there were seven (7) odor complaints received from six (6)
people and that in 1979-80 there were sixty (60) complaints and requested
that all complaints be registered at City Hall in the future.
Motion was made by Councilwoman Albert seconded by Councilman Taylor
and carried that the Public Hearing be reopened to accommodate interested
persons in the audience.
Mr. Courtland M. Rush addressed the Council and noted that the
people in the area are tired of complaining.
Mr. Tony Maida addressed the Council in regard to purchase or re-
placement of his property.
Mr. Edward Maier addressed the Council noting that the odor in the
area is unbearable and that the property owners are tired of complaining.
Mrs. Rosemary Maida addressed the Council noting that the Air Quality
Control Board advised here that all complaints should go through them, not
the City, and that was why the City was not advised of ninety-five (95)
camp 1 ai nts .
Wastewater Treatment Plant Superintendent Mara addressed the Council
noting that a wind direction indicator had been installed in 1981-82 and
that one (1) verified complaint indicated that same came from the waste-
water treatment plant out of seven (7) complaints.
Mr. Harol Hepner addressed the Council and inquired what effect
this project would have on his well.
City Administrator Wood noted that the City has done continual
testing in the area and that this could be verified with the Water Quality
Control Board for said information.
Mr. Tony Maida addressed the Council and noted that he has been
attempting to negotiate with the Air Quality Control Board for three (3)
years and if this continues, he may obtain an abatement order to close the
Sewer Plant, Industrial Plant and this proposed project.
Motion was made by Councilman Taylor seconded by Councilman Link and
carried that the Public Hearing be closed.
r10ti on was made by Council man Taylor seconded by Council man Link and
carried that the Negative Declaration be approved for purchase and develop-
ment of the East Llagas Sewer Farm Percolation area for the Cities of Morgan
Hill and Gilroy, noting the amendment to remove all references to the Mon-
delli property within the Initial Study.
The Mayor noted that the Nob Hill Family Park Project review would be
tabled at the request of the apolicant.
4796
Operation
Sentinel
P & R Com.
S. Bozzo
ICC
The Mayor asked if there was anyone present in the audience
wishing to speak on any matter not on the agenda.
r~s. Mary Ell en Rocha, Operati on Senti nel, addressed the Council
requesting Council support and endorsement of Operation Sentinel's
Gilroy Office to become certified by the U. S. Department of Housin9
and Urban Development.
The Mayor requested that same be in writing to be agendized at
the next regular Council Meeting.
Ms. Rocha presented here request in writing to the City Clerk ..J.......
for agendizing on the next re~ular Council Meeting agenda. ..
A letter of resignation from Parks and Recreation Commissioner,
Sam Bozzo, was noted.
Motion was made by Councilman Link seconded by Councilman Val-
dez and carried that the resignation be accepted. The Mayor noted that
the new member for this replacement would be at the November 1, 1982,
regular Council Meeting and invited anyone interested to inform any
Council Member of same.
A letter from Lucile Hillestad, President, Inter-City ,G:ouncil,
was noted and discussed requesting input on financial evaluation.
Motion was made by Councilman Taylor seconded by Councilman
Valdez and carried that the City recommends that the Secretary/Treas-
urer city fee be increased from $125.00 to $150.00 per meeting.
Domestic Violence The Mayor noted that he would issue a Proclamation of Domestic
Awareness Violence Awareness ~leek, October 9-16, 1982, requested by the La Isla
Week Pacifica (South County AlternRtives, Inc.).
De 1 r10nte
Train Service
Street Closure-
Ms. R. Ozuna
Leaves 1 ey Rd.
Speed Permit
P & R Com.
9/21/82
City Administrator Wood presented a letter from the Department
of Transportation in re: to key people to work with the Department on
re-establishing the Del Monte Service. He further noted that a meeting
has been scheduled for October 5, 1982, at 2:00 p.m. in the Council
Chambers to study same. He also noted a Kick-Off Dinner scheduled for
October 9, 1982, at 6:00 p.m. at the ~uail Lodge in Carmel Valley for
any Councilperson desiring to attend same.
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A letter from Ms. Ramona Ozuna (La Flor de Jalisco) appealing
the decision of the Police Chief to deny an application for street .
closure for a public fiesta was noted, and further explained by Police
Chi ef Cowart.
Motion was made by Councilman Taylor seconded by Councilman Link
and carried that the request for street closure by Ms. Ramon Ozuna be
denied.
The following informational items were noted with no separate
discussion on Items 2 and 3.
The report of the Cal-Trans Engineering and Speed Zone Survey
along portions of Highway 152 was noted and discussed.
r10tion was made by Councilman Link seconded by Councilman Tay-
lor and carried that the City Administrator forward a letter to Cal-
Trans opposing both sreed limits prorosed until such time as a signal
is installed at the Murray/Leavesley Road intersection;
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Santa Clara County in re: to application for additional Mortgage
Revenue Bonds; and
Submittal of information comparing charges for treatment of
cannery wastes in various selected California ~1unicipal Sewer Systems.
The Minutes of the Parks and Recreation Commission Meeting of
September 21, 1982, were noted.
Facil ity Use
Permits &
Fees
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i Sport Fees
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Sr. Citizens'
Adv. Com.
Monthly
Reports
Gil ray Com.
Ctr. Roof
Management
Employees
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Gil ray H. S.
Pkg. Restric-
tions
Williamson Act-
G.Brem Prop.
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Res. #115 re:
Co. Trans. Di st.
Damage to
Ci ty S ts .
4797
Discussion was had on the recommendation to approve Facility
Use Permits and Fees and further explained by Parks and Recreation
Di rector Ayer.
Motion was made by Councilman Taylor seconded by Councilman Link
and carri ed that the Faci 1 i ty Use Permi t Fees be approved as recommend-
ed.
Motion was made by Councilman Link seconded by Councilman Val-
dez and carried that the recommended changes in the Facility Use Permit
procedures be approved.
Motion was made by Councilman Taylor seconded by Councilman Link
and carried that the Sport Fees for next spring be apnroved as recom-
mended, specifically, for the Softball and Basketball fees of $240.00
per team per season; and Winter League Fees of $120.00 per team per
season.
The Minutes of the Senior Citizens' Advisory Council Meetings
of July 20, 1982, and August 17, 1982, were noted.
Councilman Valdez commented on Staff's efforts to save paper,
noting the above minutes tyned on both sides of the paper.
The Summary of Monthly Reports of August, 1982, were noted.
A report on re-roofing the Gilroy Community Center was noted.
Council tabled action on same to the next budget (1983-84) due to
possible rainy season approachinq soon. It was noted that any appar-
ent leaks could be patched until that time.
City Administrator Wood presented a report on resolutions re-
lating to the compensation of Management Employees. Council tabled
action on same recommending Councilman Gage be present for inout on
the matter.
A request of Gilroy High School Principal for a two (2) hour
parking restriction on the north side of Tenth Street was noted and
further explained by Police Chief Cowart. Council tabled action in
order for the Police Chief to contact the School and Arcadia Develop-
ment for their input on the matter.
City Administrator Wood presented a request for waiver of Wil-
liamson Act penalties assessed to the former Glenn Brem property.
Motion was made by Councilman Link seconded by Councilman Tay-
lor that the reading of Resolution No. 82-114 be waived and that it be
adopted, waiving said penalty fees.
RESOLUTION NO. 82-114
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY GRANTING A WAIVER
OF CANCELLATION FEES ON A WILLIAMSON ACT CONTRACT LOCATED IN THE CITY OF
GILROY.
PASSED AND ADOPTED this 4th day of October~ 1982, by the following vote:
AYES: COUNCIL MEMBERS: LINK, TAYLOR, VALDEZ and GOODRICH
NOES: COUNCIL MEMBER: ALBERT
ABSENT: COUNCIL MEMBERS: GAGE and HUGHAN
Director of Public Works-City Engineer presented a request for
a resolution requesting the County Transit District to share City costs
to repair and maintain bus damaqed streets. Motion was made by Council-
man Link seconded by Councilman Valdez that the readin9 of Resolution
No. 82-115 be waived and that it be adopted.
RESOLUTION NO. 82-115
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DEFINING THE EXTENT
OF DAt1AGE DONE TO GI LROY STREETS BY SANTA CLARA COUNTY TRANSIT BUSES AND
REQUESTING SAID DISTRICT TO REIMBURSE ON A PRO RATA SHARE WITH CITY TO
REPAIR AND MAINTAIN SAID DAMAGED STREETS.
4798
Ca ro 11 0 Report-
Counc. Adv.
COl11Tlittee
Ronan-Liman
Ave. Change
Order #1
Int. Drainage
Project
Co. HCD Adv.
Committee
Tech. Eng.
Pos iti ons-
Pub. Wks.
Cable TV
Rate Increases
Res. #82-116
PASSED AND ADOPTED this 4th day of October, 1982, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: ALBERT, LINK, TAYLOR, VALDEZ and GOODRICH
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: GAGE and HUGHAN
Director of Public Works-City Engineer Hansen recommended the
appointment of a Council Advisory Committee to review the Carollo
Report on Water System Needs as recommended.
The Mayor appointed Councilwoman Albert, Chairperson, and Coun-
cil Members Hughan and Valdez as said Council Advisory Committee.
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Director of Public Works-City Engineer Hansen presented and ex-
plained a report on Ronan/Liman Avenue Assessment District construction
Change Order #1 in the amount of $18,000.00.
Motion was made by Councilman Link seconded by Councilman Valdez
and carried that Change Order #1 of the Ronan-Liman Avenue Assessment
District be approved as recommended.
Director of Public Works-City Engineer Hansen presented a recom-
mendation to retain Nolte & Associates to evaluate the Interim Drainage
Project benefits in the amount of $3,500.00.
Motion was made by Councilman Link seconded by Councilman Valdez
and carried that the City retain Nolte & Associates to evaluate the
Interim Drainage Project benefits in the amount of $3,500.00 as recom-
mended and that a budget amendment for same be approved.
The Mayor recommended and appointed for Nominations to the
County's Housing and Community Development Citizens' Advisory Committee,
Ms. Mary Rocha, representative, and Tony Duran, alternate.
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The recommendation of the Personnel Commission and an additional
memorandum of the Director of Public Horks to establish Tech-Eng. posi- _
tions for the Department of Public Works was noted; same continued from
the September 20, 1982, Council Meeting.
Council requested that salary increase information be oresented
to Council for action on the matter at the November 1, 1982, regular
Council Meeting, when a full Council is anticipated.
A rpeort on Falcon Cable TV request for rate increases was noted.
Mr. George Swanson addressed the Council noting that Cable TV's
services do not merit an increase.
Mr. Mike Silacci, representing Falcon Cable TV, addressed the
Council and explained problems of Channels 36 and 54 interferring with
Channell 11 and 8, due to the close proximity of these channels to
Gil ray.
An unidentified citizen in the audience inquired of the present
Falcon Cable TV rates.
Mr. George Swanson addressed the Council and noted that cable
for televisions is required in Arcadia since there is a deed restric-
tion for the residences in Arcadia development.
~10tion was made by Councilman Link seconded by Councilman Valdez
that the reading of Resolution No. 82-116 be waived and that it be
adopted approving the requested Cable TV rate increases for Falcon Cable
TV noting that said approval does not include partial deregulation.
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RESOLUTION NO. 82-116
RESOLUTION AMENDING RATES AND CHARGES OF THE COMMUNITY ANTENNA TELE-
VIS ION SYSTH1.
PASSED AND ADOPTED this 4th day of October, 1982, by the fallowing vote:
AYES: COUNCIL MEMBERS: ALBERT, LINK, TAYLOR, VALDEZ and GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: GAGE and HUr,HAN
Citizens' Task
Force Com.
Gourmet Alley
Management
Group
El Noa Noa
Club Hearing
Adjournment
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4799
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: The Mayor appointed the fol lowing Citizens' Task Force to study
and work on the Uvas Parkway Preserve Project, noting that the Director of
Parks and Recreation would arrange the first meeting, elect a Chairman, etc.
Name
Joan Harrison
Rich Imler
Pete Valdez, Jr.
Frances Howson
Conni e Rogers
Edith Edde
Lee Bergman
Bi 11 Perki ns
M. J. Fil i ce
Marcel Braquet
George Lawton
Agency Representing
A.A.U.W.
Gilroy Unified School District
Gilroy City Council
B.I.G. Committee
P & R Commission
Planning Commission
S. C. Co. Parks & Recreation Commission
Gavi 1 an Coll ege
At Large
At Large
At Large
The Mayor also noted the following agencies to be invited to par-
ticipate: Santa Clara Co. Parks & Recreation Dept.; Santa Clara Valley
Water District; Gavilan Water Conservation District; California State
Department of Fi sh & Game; and Corps of Army Engi neers.
Councilman Taylor advised the Council of the establishment of a
Committee by the Merchants' Association and Downtown Business owners pro-
posing to meet with the City for the improvement of Gourmet Alley.
The Mayor announced a Closed Council Study Session with the Manage-
ment Group scheduled for October 11, 1982, at 8:00 p.m. in the Council
Chambers.
Motion was made by Councilman Taylor seconded by Councilman Link
and carried to re-schedule the hearing on the Dance Permit of the El Noa
Noa Club, originally scheduled for October 18, 1982, to the November 1,
1982, regular Council Meeting since some Staff and Council expect to be
absent at the October 18, 1982, regular Council Meeting.
At 11:21 p.m., the Mayor adjourned the meeting.
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