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Minutes 1973/01/02 Roll Call ".... ... Consent Calendar Pub. Hear. re: Amended Assmt. 6-A, S. Ches t- nut 67-1 Res. #1699 ""...., ..... Appeal Sign Variance - Medford Neon Sign Co. January 2, 1973 G i 1 roy, Ca 1 i forn i a 3419 The Regular Meeting of the Gilroy City Council was called to order by Mayor Norman B. Goodrich at 8:02 p.m. Present: Council Members: Fred P. Batrez, George T. Duffin, John Hughan, John E. Pate, Anthony C. Silva, and Norma~ B. Goodrich. Absent: Council Member: David V. Stout A Moment of Silence was observed in Memory of President Harry S. Truman and former Councilman John E. Allemand. The Mayor postponed presentation of a Certificate of Service to Mr. Vern Gillott, retiring Personnel Commissioner, who was not present. The following item on the Consent Calendar was approved: Minutes of the Regular Council Meeting of December 18, 1972. The Mayor stated that it was the time and place scheduled for a Public Hearing on a proposal to amend Assessment No.6-A, South Chestnut Street Extension Project No. 1967-1. Director of Public Works Henry explained the assessment split noting an assessment of $24,501.11 on Parce 1 No. 6A-l and $14,018. 71 on Parce 1. No. 6A-2. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. As there was no comment from the audience, it was moved by Councilman Hughan seconded by Councilman Silva and carried that the Public Hearing be closed. Motion was made by Counci.1man Hughan seconded by Councilman Batrez and carried that Resolution No. 1699 Confirming said Amended Assessment be adopted and the reading waived. RESOLUTION NO. 1699 A RESOLUTION CONFIRMING AMENDED ASSESSMENT - SOUTH CHESTNUT STREET EXTENSION PROJECT NO. 1967-1 - CITY OF GILROY - ASSESSMENT No.6-A. PASSED AND ADOPTED this 2nd day of January, 1973, by the following vote: AYES: COUNCIL MEMBERS: BATREZ, DUFFIN, HUGHAN, PATE, SILVA, and GOODRICH COUNCIL MEMBERS: None COUNCIL MEMBERS: STOUT NOES: ABSENT: A letter from Medford Neon Sign Company, Inc., Medford, Oregon, was presented requesting an appeal of a sign variance denial by the Planning Commission for Sambo's Restaurant sign. City Administrator Wood requested this hearing appeal be delayed to January 15, 1973, to enable the petitioners to appear before Council. J.A. Fi 1 ice, etal, A letter from Mr. Joseph A. Fi 1 ice, et aI, was presented requesting re: 1st & a six (6) months extension of two (2) bui lding construction requirements Kern Dev. at the corner of First and Kern, previously granted under Section 49, Resolution No. 1665. Mr. Fi 1 ice addressed the Counci 1 and explained that one of the lessees for a portion of this property has been released from his lease obligation which left them with one tenant instead of the required two. As an alternative, Mr. Filice requested that E's Ranch Milk be permitted to commence construction on the easterly one-half of the property as originally proposed and in exchange, proposed to make street improvements on the balance of the property. Discussion was had on the previous committment for Mr. Filice to develop both buildings as originally planned. Mr. Filice further proposed that, if in a given period of time no tenant was available for occupancy of the second build- ing, they could move their own offices into said building to fulfill ~his previous commi ttment. Motion was made by Counci lman Duffin seconded 'by Councilman Silva and carried that an extension be granted to July 1, 1973, for the construction of the westerly building with the understanding to proceed as soon as possible with the construction of E's Ranch Milk and also proceed as soon as possible with street improvements on the westerly one-half of said property. "..... ..... . ~ " ,-.,... - ," 342.Q,aring Funds-Ca 1 if. Taxpayers' Assoc. Rev.Sharing Funds Retiring Plan. Comm'r T. Obata E.O.P. Proj. Gav.College PPC Minutes 11/30/72 ALUC Meeting 11/30/72 Muni.Financing Letter Trans. Com. Minutes ~ '. City Administrator Wood presented a letter from the Cal ifornia Taxpayers' Association requesting the City use the revenue sharing funds to reduce property taxes. City Administrator Wood noted that he would notify said Association that the City has reduced its local pro- perty tax this tax year in anticipation of receiving these funds. City Administrator Wood presented a letter from Mr. Antonio Del Buono requesting information re: funding of the Senior Citizens Pro- gram. City Administrator stated he would furnish Mr. Del Buono with the requested information. The Mayor explained that there are 10 or 12 splinter groups doing work for senior citizens in the area. The City Administrator was instructed to place on the Agenda for January 15, 1973, a course of action regarding a senior citizen center. ~ ....... City Administrator Wood presented a letter of resignation from the Planning Commission from Commissioner Tom Obata. Motion was made by Councilman Batrez seconded by Councilman Hughan and carried that Council accept Mr. Obata's resignation with regrets. The Mayor re- quested that names be presented at the next Council Meeting to replace Mr. Obata on the Planning Commission. City Administrator Wood presented a letter from Mr. John P. Ornelaz, Director of Special Programs and Services at Gavilan College, asking for Council's support of the Educational Opportunities Project proposal for 1973-73. Mr. Ed Paradella addressed the Council and ex- plained how the E.O.P. assists students of low-income families in handling personal and academic problems. Discussion was had. Motion was made by Councilman Batrez seconded by Councilman Silva and carried that Council concurs with Gavilan College Administration's support of the E.O.P. Project. City Administrator Wood noted that Mr. Paradella was responsible for recently saving a child from an attack by two dogs. .... The Minutes of the Planning Policy committee Meeting of November 30, 1972, were noted. --- The Minutes of the Airport Land Use Commission meeting of Novem- ber 30, 1972, were noted. A Municipal Financing Letter, dated December 15, 1972, from Stone & Youngberg was noted. The Mini Minutes of the Transportation Commission Special Meeting of December 6, 1972, were noted. Open Space Grant City Administrator Wood presented a letter from H.U.D. stating Funds-Gilroy they have tentatively set aside Open Space Grant funds in the amount Parks of $86,134.00 for improvements to Gilroy parks as follows: Eastside Park - $25,000; Northside Park - $46,134; and Christmas Hill Park - $15,000. It was noted that the City's application had a relatively high priority rating except in the area of local equal employment and entrepreneurial effort because the City is without an affirmative action program. It was further noted that Staff is currently working ... on the adoption of an affirmative action program. - Regional Trans. A notice of a Town Meeting on the Regional Transportation Plan Plan. Meet. for the Bay Area to be held in San Jose, January 10, 1973, was noted. P & R Com. Meet. 12/19/72 Pers. Com. Meet. 12/28/72 City Administrator presented a report of the Parks and Recreation Commission's meeting of Tuesday, December 19, 1972. A Report of the Personnel Commission meeting of Thursday, Decem- ber 28, 1972, was noted and filed. ~...- "-.. ~.",,~-.. .~~" Monthly Report Disbursements Adoption of 1971 Un i - form Fire Code -- ...... Dev. Agree. - llerra Li nda Tr. #5272 ~ Res.#1700 Common Use Agree. w/ P.G.&E. .... Eastside Pk. Environmental Guidelines "....... I I -- J - The Summary of Monthly Reports of November; 1972, was noted 3421 and di scussed. The Report of Disbursements from December 1 through December 31, 1972, was noted and discussed. City Adminis~ra~or Wood presented a Report on the proposed adop- tion of the Uniform Fire Code, 1971 Edition, and requested Council appoint a committee to review same and report back to Council. Mayor Goodrich appointed Councilmembers Batrez and Silva to said committee. Director of Public Works-City Engineer Henry presented a Develop- ment Agreement for Tierra Linda, Tract 5272, Murray Avenue, recommending acceptance of the agreement and ~uthorizing execution of same with the following stipulations: 1) The assignment of monies for the existing sanitary sewer reimbursement to Lumbermen's Mercantile Company be cleared to City's satisfaction; 2) That the City receive the $8,514.50 in fees prior to recordation of the final map. Discussion was had. Motion was made by Councilman Duffin seconded by Councilman Silva and carried that the development agreement for Tierra Linda, Tract 5272, be approved with the stipulations recommended by the Director of Public Works. Public Works Director Henry presented a common use agreement between the City and Pacific Gas and Electric Company re: a common use of a right of way under a P.G. & E. transmission tower through the Tierra Linda development and requested adoption of a resolution authorizing execution and acceptance of said Common Use Agreement with P. G. & E. and authorizing the Mayor and/or City Administrator to sign same on be- half of the City. Motion was made by Councilman Pate seconded by Council- man Silva and carried that Resolution No. 1700 authorizing the execution and acceptance of a common use agreement with Pacific Gas and Electric Company be adopted and the reading waived. RESOLUTION NO. 1700 RESOLUTION OF THE CITY OF GILROY AUTHORIZING THE EXECUTION AND ACCEPTANCE OF AN AGREEMENT WITH PACIFIC GAS AND ELECT~IC COMPANY PERTAINING TO THE COMMON USE OF A TOWER LINE RIGHT OF WAY IN TRACT NO. 5272, TIERRA LINDA. PASSED AND ADOPTED this 2nd day of January, 1973, by the following vote: AYES: COUNCIL MEMBERS: BATREZ, DUFFIN, HUGHAN, PATE, SILVA and GOODRICH NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: STOUT Discussion was had re: the acquisition of additional lands from the Piedmont Estate for Eastside Park. Council authorized Staff to pro- ceed in the attempt to acquire the additional 5.25 acre parcel from the Estate of Virginia Piedmont provided H.U.D. will allow the $25 000 tenta- . ' tlvely allocated in grant funds for the development of Eastside Park to be used for this additional land acquisition. Staff is authorized to proceed upon receiving such written authorization from H.U.D. City Adninistrator Wood noted that the Architectural and Site Approval Procedures would be discussed at the January 15, 1972 meeting. Discussion was had on the proposed guidelines for Review of Projects and Environmental Impact Statements. The City Administrator and City Attorney recommended the following change in wording of the last sentence of the last paragraph to read: "The decision of the Planning Commission shall be in accord with Section 82 of the Zoning Ordinance." Motion was made by Cooncilman Pate seconded by Councilman Silva and carried that Resolution No. 1701 approving the Environmental 6uidelines as presented with the changes recommended by the City Admini- strator and City Attorney be adopted and the reading waived. RESOLUTION NO. 1701 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING POLICY GUIDE- LINES FOR REVIEW OF PROJECTS AND ENVIRONMENTAL IMPACT STATEMENTS. PASSED AND ADOPTED this 2nd day of January, 1973, by the following vute: AYES: COUNCIL MEMBERS: BATREZ, DUFFIN, HUGHAN, PATE, SILVA and GOODRICH NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: STOUT 3L!22ay Buffering Standards Res. #1702 City Administrator Wood presented and Planning Assistant Lefaver explained the proposed Freeway Buffering Standards. Dis- cussi?n was had. Motipn was made by Councilman Pate seconded by Councllmah Duffin and carried that Resolution No. 1702 Setting Free- way, Expressway, and Major Highway Buffering Standards as pa6sed by the Planning Commission under Secion .1, entitled "Purpose", be adopted and the reading waived. RESOLUTION NO. 1702 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING POLICY GUIDE- LINES FOR FREEWAY, EXPRESSWAY AND MAJOR HIGHWAY BUFFERING STANDARDS. PASSED AND ADOPTED this 2nd day of January, 1973, by the following vote: AYES: COUNCIL MEMBERS: BATREZ, DUFFIN, HUGHAN, PATE, SILVA, and GOODRICH COUNCIL MEMBERS: None COUNCIL MEMBERS: STOUT NOES: ABSENT: Support of local Discussion was had in regard to requests for Council support Grant Prog. of various grant programs throughout the community. Councilman Hughan suggested an administrative directive be issued requesting local school districts to keep Council appraised of grant programs where Council support is desired or required. Council concurred. Freeway Bypass City Administrator Wood noted that the Division of Highways will not proceed with the te,mporary opening of the South Valley Free- way at Leavesley without an accord with the City, and will transmit this intent to the City in writing. MACP Rep. Assistant City Administrator Reinsch, representative to the MAPC, addressed the Council noting the MACP has asked each organization that received funds from the Department of Labor to present in detail programs for future funding recommendations; further noting that Council can expect to be approached for endorsements of these programs that are in Gilroy. The Mayor noted the presence of Planning Commissioner Chiesa in the audience. -r ICC Meeting 1/4/73 The Mayor requested that three (3) reservations be made to the Inter-City Council Meeting on January 4, 1973, at Cupertino. Adjournment At 10:00 p.m., the meeting was adjourned. Respectfully submitted, ~C~ Deputy City Cl rk