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Minutes 1976/10/04 ~ 3844 Roll Call Consent Calendar Gilroy, California October 4, 1976 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, George T. Duf- fin, Marion T. Link, John E. Pate, David V. Stout and Norman B. Goodrich. Absent: Council Member: Dennis L. DeBell. Motion was made by Councilman Pate seconded by Councilman Link that the ~llowing items under the Consent Calendar be adopted. Motion carried by the following Roll Call Vote: Ayes: Council Members: William E. Childers, George T. Duffin, Marion T. Link, John E. Pate, David V. Stout and Norman B. Goodrich. Absent: Council Member: Dennis L. DeBell. 3845 Minutes A. Minutes of September 20, 1976 Regular Council Meeting; - Ord.#76-17 B. Adopted Ordinance No. 76-17 rezoning 30.045 acres from I-Z Pappani (Interim Zone) to R-2 Single Family REsidence) District belonging to Rezoning Pappani, et al, located south of Mantelli Drive and west of Ousley Drive; (Santa Teresa Hills) ORDINANCE NO. 76-17 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING 30.045 ACRES TO BE KNOWN AS SANTA TERESA HILLS SUBDIVISION FROM IZ DISTRICT TO R1 DISTRICT. PASSED AND ADOPTED this 4th day of October, 1976, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, DUFFIN, LINK, PATE,STOUT and GOODRICH. NOES: OOUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: DeBELL; Ord.#76-18 re: C. Adopted Ordinance No. 76-18 amending Section 60.2 of the Zoning Zon.Ord. Ordinance by adding a provision that the Planning Commission may approve Amend. Conditional Use Permits on an interim basis; ORDINANCE NO. 76-18 ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 60.2 OF THE ZONING ORDI- NANCE SO AS TO PERMIT ADDITIONAL USES IN INTERIM ZONE DISTRICTS UNDER A CONDITIONAL USE PERMIT. PASSED AND ADOPTED this 4th day of October, 1976, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, DUFFIN, LINK, PATE, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: DeBELL; Solicit. D. Approved request of UNICEF for waiver of solicitation permit UNICEF to conduct annual "Trick or Treat" fund drive from October 24th through November 1, 1976. ,","".,...., Pub.Hear.re: The Mayor stated it was the time and place for a public hearing Weed confirming the Report of the Fire Chief of Weed and Refuse Abatement. Abate. The Mayor asked if there was anyone wishing to speak on the matter. As there were no comments from members of the audience, motion was made by Councilman Pate seconded by Councilman Childers and carried that the Public Hearing be closed. It was moved by Councilman Duffin and seconded by Councilman Pate that the reading of Resolution No. 76-48 confirming Res.76-48 the report of the Fire Chief be waived and that it be adopted. (Councilman DeBell entered and took his seat at the Council Table at 8:04 p.m. ) ...... RESOLUTION NO. 76-48 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CONFIRMING THE REPORT OF THE CHIEF OF THE FIRE DEPARTMENT SETTING FORTH THE DESCRIPTION OF PROPERTY, THE OWNERS THEREOF, AND THE COST OF ABATING THE NUISANCE CAUSED BY THE GROWING OF WEEDS AND ACCUMULATION OF REFUSE IN THE CITY OF GILROY, AND PROVIDING THAT SUCH COSTS SHALL CONSTITUTE ASSESSMENTS AGAINST THE RES- PECTIVE OWNERS OF LAND. PASSED AND ADOPTED this 4th day of October, 1976, by the fOllowing vote: AYES: COUNCIL MEMBERS: CHILDERS, DeBELL, LINK, PATE, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Pub.Hear.re: The Mayor stated it was the time and place for a Public Hearing on ... Sidewalk the first phase of Contra~t #2 of the Sidewalk Repair Program and asked Repair if there was anyone in the audience wishing to speak on the matter. Mrs. Muriel Hobbs, 8197 Carmel Street, addressed the Council in regard to her assessment and stated when she was first advised of the cost of the repair work, it was estimated at $147.20, but her statement was in the amount of $303.60. Director of Public Works Hansen requested Mrs. Hobbs' name be removed from the list of assessments so an attempt can be made to resolve the problem and be placed on the list for the second public hearing on the Sidewalk Repair Program. Mrs. Patricia Blumberg, 441 El Cerrito Way, addressed the Council noting her estimate was $92.00 but her bill was $101.20 and questioned the 3846 discrepency. Director of Public Works Hansen noted that estimates are made out before the concrete is removed and sometimes it is necessary to remove more concrete than anticipated for root removal. Mr. Hansen recommended Council affirm the assessment at $101.20 and he will check with the contrac- tor. The Mayor advised Mrs. Blumberg that the City has purchased a root pruner to help alleviate the problem of damage done to sidewalks by tree roots. Mrs. Linda Turley, 8297 Carmel Street, addressed the Council and stated that, as new residents in the City, they were surprised to receive a notice for sidewalk repair three months after moving into their home and felt it was unfair to have to pay for damage done to sidewalks caused by street trees. The Mayor stated that the property owner shared a public liability with the City in this matter but with the aide of the root pruner and the installation of the new sidewalks, the City, hopefully, can maintain this program in the future. ..... .. Motion was made by Councilman Pate seconded by Councilman Link and carried that the Public Hearing be closed. Discussion was had on the pay- ment schedule of sidewalk assessments. Director of Public Works Hansen noted that, in accordance with the Streets and Highways Code, the property owner has the option of paying the cost of repair in full within five (5) days after the confirmation of the assessment or allow it to be paid off through his property taxes. Res.#76-49 Motion was made by Councilman Pate and seconded by Councilman Duf- fin that the reading of Resolution No. 76-49 approving the report of the Director of Public Works and providing for special assessments be waived and that it be adopted; further, that the name of Mrs. Muriel Hobbs be removed from page 2 of said resolution. RESOLUTION NO. 76-49 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING AND ADOPTING THE REPORT OF THE DIRECTOR OF PUBLIC WORKS OF THE CITY OF GILROY ON THE COST OF CONSTRUCTION OF SIDEWALKS, CURBS, GUTTERS AND/OR DRIVEWAYS PUR- SUANT TO THE IMPROVEMENT ACT OF 1911, DIVISION 7 OF STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, ASSESSING PARCELS OF PROPERTIES FOR THE COST OF CONSTRUCTION AND DETERMINATION OF PAYMENT OF ASSESSMENTS. PASSED AND ADOPTED this 4th day of October, 1976, by the fOllowing vote: AYES: COUNCIL MEMBERS: CHILDERS, DeBELL, DUFFIN, LINK, PATE, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ... .... Stagg Foot- City Administrator Protempore Reinsch presented a request from the ball re: Stagg Football-Sportsman League to sponsor the Big John Strong's Circus Circus on October 10, 1976, at the Gilroy Theatre property on First Street, in order to raise funds for the League. Performance times will be at 3:00 p.m. and 5:00 p.m. Motion was made by Councilman Duffin seconded by Councilman Childers and carried that the request of the Stagg Football- Sportsman League to sponsor the Big John Strong's Circus be approved pending the issuance of a license for same. So. Flood Cont. Zone Adv. Com. Mayor Goodrich reappointed the following individuals to the South Flood Control Zone Advisory Committee of the Santa Clara Valley Water District: Marion Link, representative, Dennis DeBell, Da~td Hansen, and Michel Bedaux, alternates. Wastewater City Administrator Protempore Reinsch oresented a letter from Con- ... Plant gressman Norman Y. Mineta inviting the Council and Director of Public Works Construc-Hansen to attend a meeting of federal, state, regional and local officials ... tion who are involved in the review and approval of the Gilroy/Morgan Hill Grant wastewater treatment facility construction grant. The meeting will be held on Thursday, October 21, 1976, between 3:00 p.m. and 5:00 o.m., at the Gilroy Community Center. Mayor Goodrich urged all Council Members to attend this important meeting. Reg. for Ambulance ate Serv.-R. Waters A request of Mr. Robert Waters for a City business license to oper- an ambulance service within the City as presented. City Administrator Protempore Reinsch noted he had received the followinQ letters late this afternoon in regard to said request: (1) Letter from Santa Clara County Ambulance Association stating it is their 3847 oplnlon that due to the amount of ambulance calls in Zone 12, there is no need for a second ambulance company as a back-up system has been worked out with Zone 11 (Morgan Hill); (2) Letter from Mr. R. C. Johnson, President, California Ambulance Association, recommending that no other ambulance company be granted the opportunity to operate in the City of Gilroy as it is his belief when a new service commences, services are reduced because of the lack of available financial support for two compan- ies; (3) Letter from the Santa Clara County Health Department stating that at the present time, there are no indications that additional zones of responsibility, particularly for the South County, are needed. Councilman DeBell requested to be absent from the discussion as Mr. Waters is considering renting space from him. - Mr. Waters addressed the Council noting his position as outlined in the letter and proposed he be granted a city license to provide at least one fully equipped and legally staffed 24 hour ambulance; further proposing that all calls for ambulance service originating with the 911 emergency dispatch at the police station be rotated between the two ambulance companies on an alternating basis. Mr. Waters stated he could provide full time ambulance service without subsidy and noted that Mr. Holdaway would still be subsidized by the County. The City Attorney referred to Chapter 3A of the Gilroy City Code and advised Mr. Waters that application for an ambulance license should be made to the Director of Finance who would then forward the application to the Chief of Police for investigation and recommendation to Council. Mr. Waters stated he would proceed in this manner. 101 Freeway- A letter from the California Highway Commission recognlzlng the "Blood need for the proposed freeway project between Morgan Hi 11 and San Jose A 11 ey II was noted. ... Resolutions of the Morgan Hill and Gilroy School Districts were noted urging the State Highway Commission, the Director of Transportation, and Governor Brown to provide adequate funding for an alternate freeway route to alleviate the problems on Highway 101 ("Blood Alley"). - P.& R. Com. The Report of the Parks and Recreation Commission Meeting of Meet. September 27, 1976 was noted. 9-27-76 Lib.& Cult. The Minutes of the Library and Culture Commission Meeting of Com.Meet. September 7, 1976 were noted. 9-7-76 Monthly Reports Disbursements The Report of Disbursements from September 1st through September Sept. '76 30, 1976 was discussed. The Summary of Monthly Reports of August, 1976 was noted. Water Con- City Administrator Pro tempore Reinsch presented the recommenda- servation tion of City Administrator Wood to rescind the restriction on outside watering between 8:00 a.m. and 6:00 p.m., daily, due to the recent heavy rainfall and the termination of heavy agriculture and food processing demands. Motion was made by Councilman Pate seconded by Councilman Stout that the reading of Resol ution No. 76-50 rescinding pri'or resolutions regulating water use Ibe waived and that it be adopted. . ,""ill RESOLUTION NO. 76-50 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY RESCINDING PRIOR RESOLUTIONS REGULATING WATER USE. PASSED AND ADOPTED this 4th day of October, 1976, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, DeBELL, DUFFIN, LINK, PATE, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Annual Audit The report on the 1975-1976 annual audit was noted and discussed. Mr. Raymond R. Frazer of Arthur Young & Company, addressed the Council and noted that audits are prepared according to State regulations. He further stated that his Company does issue a supplemental report to the 3848 City Administrator regarding internal controls and suggestions for improve- ments, and that a recommendation on same will be forthcoming. Councilman Duffin asked Mr. Frazer if he felt the City's system is up-to-date or antiquated. Mr. Frazer stated he would prefer to come before the Council at a later time regarding his thoughts on the matter. Council continued the discussion to the next regular Council Meeting. Arch.& Site A report of the Director of Planning regarding appointment of Approval Architectural and Site Approval Committee Members was presented. The Com. Mayor stated he would contact the people involved and come forth with his recommendations at the next regular Council Meeting. ..... Plant-A-Tree Mr. Ted Duerr, Chairman of the Plant-A-Tree Committee presented Committee the annual report of the Committee noting that since the group has be- Annual come interested in the overall beautification of Gilroy, the name has Report been changed to the "Beautification in Gilroy (BIG) Committee". Mr. Duerr further outlined the purpose and specific objectives of the Com- mittee and methods of raising funds. The Beautification Plan for Leavesley Road between San Ysidro Avenue and the Railroad Tracks was explained by Mr. Duerr who proposed that one (1) section be installed this year and the remainder of the project to be phased over a period of several years, with funding and labor to be shared by the BIG Committee and the City. ..... Discussion was had on the matter. The Mayor suggested a study of the proposal be made and the matter be placed on the agenda next month. Councilman Pate suggested the Parks and Recreation Director have recommendations for maintenance, etc. for presentation to the Council. The Mayor issued a proclamation recognizing changing the name of the Plant-A-Tree Committee to "Beautification in Gilroy Committee". Armed Forces The Parks and Recreation Director noted the United States Armed -- Bicenten- Forces Caravan will be coming to Gilroy on October 12, 1976, consisting nial Cara- of exhibits from the Air Force, Army, Navy, and Marines and requested ~ van permission to close Carmel Street between First and Second Streets on October 12th from 6:00 a.m. to 6:00 p.m. It was pointed out that open access will be maintained to the residences north of Miller Park during the exhibit. Motion was made by Councilman Duffin seconded by Council- man Childers and carried that the request of the Parks and Recreation Director to close Carmel Street between First and Second Streets on October 12th be approved. Public Auction City Administrator Protempore Reinsch presented a request to hold a public auction on Saturday, October 16, 1976, at the Wheeler Auditorium, to dispose of surplus and unclaimed property. Motion was made by Councilman Stout seconded by Councilman Link and carried that said request to hold a public auction on Saturday, October 16, 1976, be approved. Traffic Grant A report of the Director of Public Works was presented noting Applic. the Grant application for Traffic Controls Inventory and soeed Survey has been approved and that proposals from various engineers to do the study will be obtained in the near future. - E.Holdaway re: A letter from Mr. Eldred Holdaway advising Council of the Ambulance result of his contract negotiations with the County was presented. Servo Mr. Holdaway addressed the Council and stated since writing the letter his company has been reorganized and is once more a family ooerated organization. He further stated that he feels a better agreement can be reached with the County and he may be able to keep two ambulances available. Mr. Holdaw~y ooted that he can reopen contract negotiations with the County at any time. Council tabled the matter to a future meeting. ... Miller Ave. It was noted that the application for Miller Avenue Annexation Annex. 76-5 to the City of Gilroy has been filed with LAFCO. 76-5 Dev.Fees re: Oversized Lots 3849 The City Attorney noted that at the last meeting a resolution was adopted re: reduction of development fees for oversized lots and requested clarification of the intent of said resolution and if same aoplied to flat oversize lots over 10,000 sq. ft., or if it was Council's intent to limit the reduction of fees to hillside development only. After discussion was had, it was determined that the reduction of development fees for oversized lots applied to flat lots as well as hillside lots. Sewer Advisory Councilman Stout reported on the recent sewer committee meetings Committee noting the City of Morgan Hill's request of 300,000 gallons additional sewer capacity. He stated the Committee's prime concern, at this time, is a long term agreement that would affect the new plant. Councilman Stout further stated the Committee's recommendation is that the City of Gilroy grant Morgan Hill the additional 300,000 gallons sewer capa- city based on the following formula: (1) 100,000 gallons additional capacity be granted for the year 1977; (2) The remaining 200,000 gallons capacity to be divided by the number of years until final construction of the new plant which will require a new contract with Morgan Hill. Discussion was had on the matter. Motion was made by Council- man Pate seconded by Councilman Link and carried that the recommenda- tion of the Sewer Committee be aporoved as presented. .'^..... - Bicentennial Time Cap- sule Letter from R.Hayden re:Ped. Safety Award Councilman Stout complimented the City's handling of the Indus- trial Waste problems and commented that, after meeting with the indus- trial users, there should be no appreciable capital improvements needed next year. Councilman Childers noted the large flax plants on Monterey Street at Fourth Street are blocking the view of motorists. Parks and Recreation Director Ayer noted that one of the plants had been removed and the second bush will soon be removed. Councilman Pate inquired about the political signs in the down- town planters. Staff will investigate the matter. City Administrator Protempore Reinsch presented a request of the Santa Clara County Bicentennial Community Planning Committee for each city in the County to contribute a small memento to be put in a time capsule which will be placed in the area of the County Government Center, 70 West Hedding Street, San Jose, and opened in the years 2026 and 2076. It was suggested that a copy of the City Charter and a current Rarks and Recreation activity guide be contributed. A letter from Assemblyman Richard Hayden congratulating the City of Gilroy upon winning an American Automobile Association Pedes- trian Safety Award was noted. The Mayor noted that he and Rolice Chief Laizure will accept said award on behalf of the City at the Inter-City Council Meeting on Thursday, October 7, 1976. Hewlett Packard A letter from Hewlett Packard Co. of Palo Alto was noted Letter stating they are not considering a move to Gilroy at this time. ICC Meeting The Mayor requested two reservations be made to the Inter- City Council Meeting, October 7, 1976, Mac's Tea Room, Los Altos. League Conf. The Mayor noted the annual League of California Cities Con- ference to be held in San Diego, October 17th-20, 1976. Adjournment At 9:50 p.m., it was moved by Councilman Pate seconded by Councilman Childers and carried that because of the League Conference the meeting adjourn to October 25, 1976, and if there is no pressing business at that time, the meeting would be called to order and adjourned to the regular meeting of November 1, 1976. Respectfully submitted, 6~ty~tyzff.~