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Minutes 1976/12/06 ,.... 3860 December 6, 1976 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. Roll Call Present: Council Members: William E. Childers, Dennis L. DeBell, George T. Duffin, Marion T. Link, John E. Pate, David V. Stout and Norman B. Goodrich. Consent Calendar Motion was made by Councilman Pate seconded by Councilman Lin< that the following items under the Consent Calendar be adopted by the following Roll Call Vote: Ayes: Council Members: Childers, DeBell, Duffin, Link, Pate, Stout and Goodrich. Minutes Approved the Minutes of the November 15, 1976, Regular Council ~1eeting ; Ord. #76-21 re: Adopted Ordinance No. 76-21 Amending Section 23.3 of the City Taxicab Rates Code re: Procedure to' Establish Taxicab Rates; ~~"';F"ft Ord. #76-22 Drinking & Di sorderly Conduct - Pub.Hear. re: Ai r-O-Fan Rezoning Amer. Heart Assoc. Solic. St. Mary's Church re: Procession Claim of P. Estrada Pub. Hear. re: Pappani- Reservoi r Rezoning .. Pub.Hear. re: Commercial & Ind. Zones -... 3861 ORDINANCE NO. 76-21 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 23.3 OF THE GILROY CITY CODE PERTAINING TO TAXICAB RATES IN THE CITY. PASSED AND ADOPTED this 6th day of December, 1976, by the following vote: AYES: COUNCIL MH1BERS: Childers, DeBell, and Goodrich None None; Duffin, Link, Pate, Stout, NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: re: ORDINANCE NO. 76-22 AN ORDINANCE OF THE CITY OF GILROY ENACTING SECTIONS 16.28, 16.29, 16.30, and 16.31 OF THE GILROY CITY CODE REGULATING DRINKING AND DISORDERLY CONDUCT IN PUBLIC PLACES AND LOUD NOISE AT NIGHT. PASSED AND ADOPTED this 6th day of December, 1976, by the following vote: AYES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Link, Pate, stout, and Goodrich; Set December 20, 1976, as a Public Hearing on an application of Air-O-Fan Corporation to rezone 4.70 acres from R-1 to R-2, property located on the east side of Kern Avenue, approximately 1,300 feet north of Fi rs t Street; Approved request of the American Heart Association, Santa Clara County Chapter, for waiver of the City's solicitation permit for a fund- raising campaign during February, 1977; Approved request of St. Mary's Church for a procession over public streets on December 12, 1976; and Denied damage claim of Ms. Penelope Estrada. The Mayor stated that it was the time and place scheduled for a Public Hearing on a proposal initiated by the Planning Commission to consider a Zone Change from I-Z (Interim Zone) to R-1 (Single Family Residence) District on approximately 2.85 acres of property belonging to Pappani (1.06 acres) and the City of Gilroy (1.794 acres) - Reservoir A. Planning Director Bedaux explained the rezoning proposal. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposed rezoning change. There was no comment from anyone in the audience. Motion was made by Councilman Duffin seconded by Councilman Pate and carried that the Public Hearing be closed. Discussion was had by Council in regard to the proposed rezoning. Motion was made by Councilman Pate seconded by Councilman Link and carried that a proposed ordinance rezoning said property be introduced and published by title and summary. The r.1ayor stated that it was the time and place scheduled for a Public Hearing on a proposal initiated by the Planning Commission to consider a proposed Zoning Ordinance Amendment to the various Commercial and Industrial Zones and to establish provisions for a new Commercial/ Industrial Zone. Planning Director Bedaux explained the proposed zoning ordinance amendments. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. There was no comment from anyone in the audience. Discussion was had by Council in regard to the proposed zoning ordinance amendment. 3862 2nd Pub.Hear. re:Housing & Com. Dev. Block Grant Hearing re: Kl udt Gri evance Motion was made by Councilman Link seconded by Councilman Pate and carried that the Public Hearing be closed. Further discussion was had by Council on the proposed zoning ordinance amendments. Motion was made by Councilman Pate seconded by Councilman Duffin and carried that the reading of a proposed ordinance be waived amending the various Commercial and Industrial Zones; that it be introduced and published by title and summary to include changes discussed; specifically, that Section 32.2 be worded to state speci- fically that this ordinance does not apply to existing residences; and that residences in a C-l District be permitted with a Conditional Use Permit. Councilman Stout voted "Noll on the motion. ...-- - The Mayor reopened the Public Hearing for that portion establishing provisions for a new Commercial/Industrial Zone. Dis- cussion was had by Council on the proposed changes. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposed changes. There was no comment from anyone in the audience. Motion was made by Councilman Duffin seconded by Councilman Link and carried that the Public Hearing be closed. Discussion was had by Council in regard to the proposed changes and amendments to same. Motion was made by Councilman Pate seconded by Councilman Link and carried that the reading of the proposed ordinance be waived and that it be introduced and published by title and summary ,to in- clude changes discussed, specifically that Section 35.2 include "all manufacturing;" that Sections 35.10 and 35.11 be eliminated from the ordinance. Councilmen Childers and Stout voted IINo" on the motion. -- The Mayor stated that it was the time and place scheduled fQr a second Public Hearing on the Housing and Community Development AGt of 1974 proposed program for 1977-1980. City Administrator Wood noted that the City would have $27,000.00 additional available funds under this program due to the City of Los Altos dropping out of the program, and recommended that said additional funds be allocated to the Leavesley Road Beauti- fication Project and the balance to the City's Housing Rehabilitation Program. He noted that the Leavesley Road Project, if completed by a contractor, has been estimated at $16,000.00 and, if completed by the City crews, $8,000.00. ...... Motion was made by Councilman Pate seconded by Councilman Duffin and carried that $8,000.00 be allocated toward the Leavesley Road Project with said work to be completed by City crews, and the $19,500.00 balance be added to the 1976-1977 $52,000.00 budget for the Housing Rehabilitation Project. ( Motion was made by Councilman Link seconded by Councilman Childers and carried that the total $2'~,000.00 budget as presenteq for the Housing and Community Development Act of 1974 Proposed Pro~ gram for 1977-1980 be accepted and approved to include the additional $27,500.00 available funds. ...... Motion was made by Councilman Pate seconded by Councilman Link and carried that the aqreement with the County of Santa Clara for Administration Agency of the Housing and Community Development Act of 1974 (1977-1980) Proposed Program be approved and that the Mayor be authorized to execute same on behalf of the City. , 1.,,,4 The Mayor stated that it was the time and place scheduled for a hearing on a Grievance of Patrolman D. R. Kludt, in regard to Badge Number seniority. City Administrator Wood explained the grievance and noted that this would affect six (6) additional officers if the Council concurred with the Personnel Commission's decision on the matter. .>jJ{>~ ..... Plan. Com. Dorathy Pacheco Pass Motel Sign Variance Golf Club Agreement 3863 Personnel Commissioner McIntosh addressed the Council and explained the Commission's action on said matter. Officer Kludt addressed the Council recommending that the Council approve the Commission's action on said matter. Mr. Loren Rudder, Operating Engineers, addressed the Council requesting that the matter be referred back to the Personnel Commission for re-hearing. Motion was made by Councilman Stout seconded by Councilman Pate and carried that the grievance of Patrolman D. R. Kludt be referred back to the Personnel Commission for a re-hearing on said matter. Councilmen Duffin and Link voted "No" on the motion. The Mayor declared a recess at 9:45 p.m. and reconvened at 9:47 p.m. A letter of resignation from Diana Dorathy, Planning Commissioner, was noted. Motion was made by Councilman Pate seconded by Councilman Link and carried that said letter be accepted with regrets. Applications on file for Planning Commission appointments were noted. The Mayor noted that an appointment for this unexpired term would be filled at the next regular Council meeting. A request from Mrs. L. Edwards was noted for an extension of a Sign Variance at the Pacheco Pass Motel. Motion was made by Councilman stout seconded by Councilman Childers and carried that one (1) additional year (not to exceed same) be granted Mrs. L. Edwards for a Sign Variance at the Pacheco Pass Motel, expiring December 6,1977. Dr. James D. Neilson, president of the Gilroy Golf and Country Club, addressed the Council requesting an amendment to the present City- Cl ub Agreement. Discussion was had on the matter. Motion was made by Councilman Link seconded by Councilman Childers and carried that the requested change of the Agreement be approved by memorandum to state that when the receipts of the Golf Club exceed $45,000.00, 75% of same be allocated to the City and 25% of same be allocated to the Operator. Res. #76-58 re: A request of the City of Carson urging support in protesting the Dept. of Motor Department of Motor Vehicles from selling names and addresses was noted. Vehicles Motion was made by Councilman Stout seconded by Councilman Duffin that the reading of Resolution No. 76-58 be waived and that it be adopted. - Pl an. Com. Report 11/8/76 & 12/2/76 Monthly Reports Disbursements RESOLUTION NO. 76-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY PROTESTING THE PRACTICE OF THE DEPARTMENT OF MOTOR VEHICLES OF SELLING NAMES AND ADDRESSES OF CITIZENS UPON REQUEST TO ANY INDIVIDUAL OR COMPANY SO REQUESTING AND URGING REPEAL OF THE LAW AUTHORIZING THIS PRACTICE. PASSED AND ADOPTED this 6th day of December, 1976, by the following vote: AYES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Link, Pate, Stout, and Goodrich NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Reports of the Planning Commission Meetings of November 18, 1976, and December 2, 1976, were noted. Motion was made by Councilman stout seconded by Councilman Pate and carried that the appointment of Planning Commissioner Miller as an Alternate for Commissioner Chiesa, non-voting representative of the Planning Commission on the Santa Clara County Planning Policy Committee, be approved. The Summary of the Monthly Reports of October, 1976, were noted and discussed. The Report of Disbursements from November 1, 1976, through November 30, 1976, was noted and discussed. 3864 Commissioners' A Report on City Commissioner's terms expiring January 1, Terms Expiring 1977, was noted. Heari ng re: Wastewater Treat.Plant Forest St. Water Service Rates The Mayor noted that said appointments would be made at the next regular Council Meeting. A request for authorization to set and publish a notice for the E.I.R. and Project Report Hearing on Wastewater Treatment Plan Alternatives was noted. Motion was made by Councilman Pate seconded by Councilman Link and carried that January 17, 1977, be set as a hearing and that a notice for same be published. Councilman Stout voted "No" on the motion. ""'- City Administrator Wood recommended that this be a Joint Hearing with the City of Morgan Hill. '" Director of Public Works-City Engineer Hansen requested Council direction in regard .to the future of Forest Street between Eighth and Ninth Streets. Discussion was had on the matter. Council determined that the ultimate development for this area will be an alley within the existing right-of-way and abandoned any future plans that Forest Street at this location would be an improved street. Motion was made by Councilman Pate seconded by Councilman Link and carried that any future plans for Forest Street between Eighth and Ninth Streets be abandoned. Director of Public Works-City Engineer Hansen requested that the recommendation to revise existing water meter and water service installation rates be tabled. The Mayor tabled said recommendation as requested. Sewer Connec- Director of Public Works-City Engineer Hansen presented a tion Fees report on Sewer Connection Charges recommending a change in policy procedure. Discussion was had on the matter. Motion was made by Councilman Pate seconded by Councilman Link and carried that the recommended proposal be approved to include a change that over- payment will be returned within twelve (12) months of full occupancy of the building rather than eighteen (18) months. Water Levels Res. #76-57 Taxicab Permit Ind. Director Review Com. Banes Lane ... ..- A Report on Municipal Water Well Levels was noted. Motion was made by Councilman Duffin seconded by Councilman Stout that the reading of Resolution No. 76-57 granting a taxicab permit to Elmer Trent for the Gilroy Taxi business be waived and that it be adopted. RESOLUTION NO. 76-57 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY GRANTING A TAXICAB PERMIT . PASSED AND ADOPTED this 6th day of December, 1976, by the following vote: AYES: NOES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Link, Pate, Stout, an d Good ri ch COUNCIL MEMBERS: None It was determined that the taxi stand locations would be studied by Staff. ..... City Administrator Wood noted that the Industrial Director Review Committee was unable to meet and recommended that a meeting be set for December 9 or 10. Council set December 9, 1976, at 2:00 p.m. for said meeting. Councilman Stout inquired as to what portion of Banes Lane is being maintained by the City. It was noted that the contractor is presently resurfacing Alexander Street and will place Banes Lane back to its prior condition. Staff will attempt to determine when same would be completed and call Mrs. Stuart Fletcher in regard to this ma t te r . ........ Frisone extn. Gong Sub. Proposal re: Street Name Employee Gift Certificates Morey Ave. Annex. 76-6 Adj ou rnmen t 3865 : Mr. Larry Frisone' addressed ,the Council and requested an extension under Section 49 for proposed apartments at Pierce and Church Streets. The City Attorney noted that the time limit of one (1) year under Section 49 for this property has expired and that the developer would have to complete a new application for the proposed project. Mr. Larry Willard further addressed the Council in regard to this proposal. Mr. Wayne Gong, addressed the Council requesting that a new street within a proposed subdivision off of Church Street and south of Tenth Street be named "South Gatell rather than IIJohnson Drive," as recommended by the Street Naming Advisory Committee of the Council. The Mayor noted that a meeting with the Street Naming Advisory Committee and Mr. Gong would be scheduled for sometime this week in order to accommodate Mr. Gong who desires to proceed immediately with the recording of said sub- division map. Council had no objection to the City issuing Christmas Gift Certificates to all full-time employees in the amount of $10.00, same being a budgeted item. City Administrator Wood noted that a proposed annexation "Morey Avenue Annexati on 76-611 has been fil ed with LAFCO for approval. At 11:20 p.m., the Mayor adjourned the meeting. Respectfully submitted, ."~210<''rlli b dl;:::::fr . C IT RK r