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Minutes 1971/09/07 f I 3266 Roll Call Intro. emp. Minutes Pub.Hear. re: Weed Abate. September 7, 1971 G i 1 roy, Ca 1 i forn i a -, 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: Fred P. Batrez, George T. Duffin, John Hughan, John E. Pate, Anthony C. Silva, David V. Stout, and Norman B. Goodrich. The Mayor introduced new employee, Steven D. Fellman, Police Cade t. The Mayor introduced Richard Piedmont, recently promoted to Water Foreman. The Minutes of the Regular Council Meeting of August 16, 1971, were approved as mailed and recorded. The Mayor stated that it was the time and place scheduled for the Public Hearing to Confirm the Report of the Fire Chief in regard to Weed Abatement. He asked if there was anyone present in the audience wishing to speak in regard to the Weed Abatement Program. There was no comment from anyone ,in the audience. Motion was made by Councilman Duffin seconded by Councilman Hughan and carried that the Public Hearing be closed. Resolution No. 1591 Confirming the Report and Providing for Special Assessments was presented. Motion was made by Councilman Pate seconded by Councilman Silva that the reading of Res61ution No. 1591 be waived and that it be adopted. ~ n ll....J ( ("" .; ( ~,J/,. :, t,'.,. ' ~.. ......~ Appeal of Dan Teresi with- drawn Appeal re: Use Permit- A 11 an Mea t Co. Plan. Com. Repor ts 8/19 & 9/2, '71 M-3 Zoning Moratorium P. & R. Report 8/17/71 Personnel Commission 3267 RESOLUTION NO. 1591 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CONFIRMING THE REPORT OF THE CHIEF OF THE FIRE DEPARTMENT SETTING FORTH THE DESCRIP- TION 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 PROYIDING THAT SUCH COSTS SHALL CONSTITUTE ASSESSMENTS AGAINST THE RESPECTIVE OWNERS OF LAND. PASSED AND ADOPTED this 7th day of September, 1971, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, and Goodrich None None Hughpn, Pate, Silva, Stout, NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: A letter from Ruth and Going, Inc. on behalf of Dan Teresi was presented requesting withdrawal of their appeal in regard to the Planning Commission's Decision on the original denial of a Use Permit to construct a Mobile Home Park at the southeast corner of Leaves1ey Road and Forest Street. Council had no objection to same. A letter from Nick J. Livak, Attorney was noted appealing the Planning Commissionls Decision granting a Use Permit to James Allan and Sonsl Meat Packing Co. Motion was made by Councilman Hughan seconded by Councilman Pate and carried that a hearing be set on said appeal for September 20, 1971. The Planning Commission Report of their August 19, 1971 Meeting was presented and further explained by Secretary Henry. The Commission recommended that the Planned Unit Development request. of William Lyon Development Co., Inc. for a residential planned unit development containing 8.2 acres, be granted. Motion was made by Councilman Pate seconded by Councilman Hughan and carrred that a public hearing date of September 20, 1971, be set in regard to said matter. I t was noted that Counci lman Stout was absent during the discussion and action taken on said proposal. The Report of the Planning Commission of September 2, 1971, was presented and further explained by Secretary Henry. It was recommended by the Commission that a moratorium be declared on "M-3'. Heavy Industrial Zoning. Council discussed said matter. Motion was made by Councilman Hughan seconded by Councilman Duffin and carried that a moratorium be declared until December 31, 1971 to allow the Commission to take action on the proposed amendment to M-3 Zoning. Secretary of the Planning Commission Henry explained the amended Subdivision Map of Standish Acres; and noted and further ex- plained the recommendation of the Commission requesting Council request the Board of Supervisors to declare moratorium on Mobile Home Permits in order for the City of Morgan Hill and Gilroy to work out a solution for said mobile homes that might cause blight problems and create problems in the future to the cities. It was suggested that.. said matter be referred to the Planning Policy Committee of Santa Clara County rather than the Board of Supervisors. Said matter was referred to Staff for a report prior to referral of same to the County. The Commission Report also noted their action not to release Lot 9 of Tierra Del Roble Subdivision until there is evidence of commercial construction on the parcel to the south. The Report of the Parks and, Recreation Commission meeting of August 17, 1971 was noted. The Personnel Commission Report of the.ir August 26, 1971, meeting was noted. Personnel Director Reinsch presented a resolution amending the Personnel Rules and Regulations in regard to an appealed dismissal of an employee. Motion was made by Councilman Pate seconded by Councilman Silva that the reading of Resolution No. 1592 be waived and that it be adopted. RESOLUTION NO. 1592 A RESOLUTION OF,THE CITY OF GILROY AMENDING SECTION IV, D, PARAGRAPH 5 TO BETTER DEFINE PROCEDURES FOR THE PERSONNEL COMMISSION AFTER A U~^OI~I~ ~no ^~I ^n~~^1 ~n nl~UI~~^1 3268 vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Pate, Silva, Stout, Hughan, and Goodrich COUNCIL MEMBERS: None COUNCIL MEMBERS: None NOES: ABSENT: IIlIII J Lib. & Cult. Com. The Minutes of the Library and Culture Commission Meeting of Minutes8/3/71 August 3, 1971, were noted. July Monthly Reports ... The Summary of the Monthly Reports of July 1971 was noted and discussed. ~ Disbursements The Report of Disbursements from August 1, 1971, through August 31, 1971, was noted and discussed. Multi-Peril Ins. City Maint. Agree./Div. of Hwys Parking in H.S. Area Grade Change- Mesa Rd. Mont. St. Water Main Reloca- t i on P r oj . 1971-2 Dev. Agree re: 7th Day Adv. Chu rch Prop. Storm Drain Outfalls re: Freeway Chan- nel Res. #1593 Regional Criminal Plan Bd. ..... City Administrator Wood presented a proposal from Winn Insurance Agency to provide Multi-Peril Insurance. The Mayor appointed Councilmen Duffin and Stout and the City Administrator as a Committee to study and make a recommendation. to Counci 1 in regard to said proposal. A committee meeting date of September 16, 1971, at 3:00 p.m. was scheduled. A report on City Maintenance Agreement with the State Division of Highways was presented. in regard to sweeping the median strip of Monterey Street within the City and further explained by Director of Public Works Henry. Discussion was had in regard to same. Council requested that saidmatter be proposed for the 1972-73 Budget. A report on limited parking requested in the high school area was presented and further explained by Chief of PoJice Laizure. Motion was made by Councilman Pate seconded by Councilman Duffin and carried that said report be accepted and that Staff present the necessary docume~ts at the next regular Council Meeting to accomplish said limited parking in the high school area. J Director of Public Works-City Engineer Henry noted that no protests had been received in regard to the Intention to Change the Grade of Mesa Road. Council tabled action in regard to same in order that Gavi1an College be notified of the proposed Grade change~ ~ Director of Publ ic Works-City Engineer Henry requested to accept the Monterey Street Water Main Relocation Project 1971-2.' Motion was made by Councilman Duffin seconded by Councilman Pate that the project be accepted and that the City Engineer be directed to file a notice of completion on said project with the County Recorder. Director of Pub1 ic Works-City Engineer Henry presented and recommended that the Development Agreement with the Seventh Day Advent- ist Church be approved for property located on Mantel1i Drive. Motion was made by Councilman Hughan seconded by Councilman Pate and carried that the Agreement as presented be approved and that theMayor and City Administrator be authorized to execute same on behalf of the City. Director of Public Works-City Engineer Henry presented a report on the Storm Drain Outfalls to the Freeway Channel at the Gilroy Apts., I.O.O.F. Ave. and Driftwood Convalescent Hospital, Mangano drainage ditch. Discussion was haa in regard to same. Motion was made by Councilman Duffin seconded by Councilman Silva and carried that the 1971-72 Budget be amended to increase Account 27C2B in the amount of $2,200.00 to allow construction of said outfalls, as recommended. ] A Joint Powers Agreement for Formation of a Santa Clara County Regional Criminal Justice Board was presented, for consideration. Motion was made by Councilman Duffin seconded by Councilman Hughan that the reading of Resolution No. 1593 be waived and that it be adopted endorsing the Regional Criminal Planning Board Concept and the execu- tion of a Joint Exercise of Powers Agreement to create the Santa Clara Regional Criminal Justice Planning Board. ... ~ ........... ,........ I LJ Co.Plan.Dept. Newsletters T ran s . Po 1 icy Com. Meet. S.C.Co.Plan. Po I icy Com. Meet. Li nge leaf Prop.Adj. Sewer Farm L. Letters in opposition to Allan Meat Pack i ng Plant Congress- iona I re- Districting -- Full-year school proposal U.N.Day Chairman Complaints Mini & Motor cycles t... , 1........; Off-St. Park. S. 6th St. 3269 RESOLOT ION NO. 11!J3' RESOLUTION OF THE GILROY CITY COUNCIL ENDORSING THE REGIONAL CRIMINAL PLANNING BOARD'CONCEPT AND THE EXECUTION OF JOINT'EXERCISE OF POWERS AGREEMENT OT CREATE THE SANTA CLARA COUNTY REGIONAL CRIMINAL JUSTICE PLANN I NG BOARD. PASSED AND ADOPTED by the Council of the City of Gi Iroy, California, th i s 7th day of September, 1971, by the fo II ow i ng vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Hughan, Pate, Silva, Stout, and Goodr ich. COUNCIL MEMBERS: None COUNCIL MEMBERS: None NOES; ABSENT: The Santa Clara County Planning Department Newsletters No. 63 and 64, July 1971 were noted. The minutes of the Transporatfon Policy Committee Meeting of July 11, 1971 were noted. The Mini Minutes of Santa Clara County Planning Policy Committee Meeting of August 26, 1971 were noted. A request from said Committee for Council and Planning Commission Alternate Representatives was presented. Councilman Hughan agreed to being an Alternate for the Council on said Committee and Staff was requested to contact the Plan- ning Commission for an Alternate member of their Commission. A letter from J. A. Stave, Attorney was presented regarding the Lindeleaf Property adjacent to the Sewer Farm property. City Adminis- trator Wood recommended and Council concurred that Mr. Stave be advised that the City wi 11 continue to cooperate with said property owner. Letters from Mrs. R.S. Bettencourt and Mrs. a. Silveira were noted in regard to opposition to the proposed James Allan Meat Packing Plant locating in Gilroy. A letter from As~emblyman Richard Hayden was presented noting his opposition to the Congressional Re-districting proposal. Council Hughan reported in regard to a school proposal to conduct school for the entire year and the possible affect it may cause on the Citys' Recreation Program. City Administrator Wood presented a letter of resignation from Mr. Robert Taylor, Local, Chairman for United Nations' Day. City Administrator Wood requested suggestions for his replacement. re: Discussion was had in regard to mini and motor cycles using the lands at the north of Sherwood Park creating a noise and dust problem to residents in the area. Chief of Police. Laizure reported that these cyclists can be cited if the property owners would post lINo trespassing" signs in the area and on their porperty. Discussion was had in regard to same. The Mayor requested that the City post said signs on N9r-thside Park. Councilman Batrez inquired of the possibility of an Off-Street Parking Lot south of Sixth Street. Discussion was had in regard to the Casey property. City Administrator Wood noted that the property owners verbally advised him, that they have agreed to allow a parking area for the business located in the old Post Office Building on Sixth Street and for Augies' Restaurant and Bar located on Monterey Street. 1 I 3270 A II ey repa i r League Conf. Adjournment Director of Public Works Henry requested approval to repair seven (7~ alleys and oil and screenings for fifteen (15) additional alleys in need of repair, noting that the estimated cost for same to be $8,000.00 for the seven alleys and $3,000.00 for the additional fifteen alleys; said funds provided for under Account 35C2B of the 71-72 Budget Discussion was had in regard to same. Motion was made by Councilman Stout seconded by Councilman Hughan and carried that the plans and specifications for the said alley repair as presented be approved and that bid opening be authorized for September 20, 1971 as requested. The Mayor noted the presence of Planning Commission Representa- ~ive Aceves and Gi Iroy Chamber of Commerce Secretary-Manager Baxter. City Administrator Wood requested a confirmation of 'those Council Members planning'to attend the annual League Conference in San Francisco. Councilman Silva indicated that he would not be attending said conference. All other Councilmembers indicated that they would attend. At 10:10 p.m. the meeting was adjourned. Respectfully submitted, cJ?04~? 0-19 City Clerk I 1_.