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Minutes 1973/08/20 .--- ~ 3492 Roll Call Intro. New Employees Employee Pro- mot ions Consent Calendar Minutes Salary Merit Increases Ord, #991 re: Commercial Districts Bids re: Las Animas Pk. Rd. Proj ect Pub. Hear. re: Open Space Zone Augus t 20, 1973 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:01 p.m. Present: Council Members: Dehnis L. DeBell, George T. Duffin, John Hughan, John E. Pate, David V. Stout, and Norman B. Goodrich. Absent: Council Member: Anthony C. Silva. The Mayor introduced new employees Eleanor Villarreal, Junior Clerk Typist; David W. Hansen, Director of Public Works-City Engineer; and Courtney K. Smith, Police Patrolman Trainee. .., i tII11III The Mayor introduced and noted the promotions of Lee Eloff from Patrolman to Sergeant, and Steven R. Brem from Patrolman Trainee to Patrolman. Motion was made by Councilman Pate and seconded by Councilman Stout that the items on the Consent Calendar be adopted in total. Passed and adopted by the following Roll Call Vote: Ayes: Council Members DeBell, Duffin, Hughan, Pate, Stout, and Goodrich. Absent: Counci 1- Member Silva. Consent Calendar Items: ~. Minutes of the August 6, 1973, Regular Council Meeting. Councilman Hughan noted his name was omitted from the Roll Call as be i ng present. 2. Salary Merit Increases for the following five (5) employees: Arturo Amaro, Fireman, from Range 31, Step A ($813) to Step B ($853); David Bozzo, Fireman Trainee, from Range 23.5, Step A ($565) to Step B ($594); Charles Gorman, Fire Captain, from Range 33.5a, Step D ($1,074) to Step E ($1,127); Silvio Dal Bon, Senior Utility Man (Water Dept.), from Step D ($853) to. Step E ($897); and Eugene Pourroy, Police Cadet, from Range 21, Step A ($500) to Step B ($525). -,,.,..,,,,,, WIItJIIi 3. Adopted Ordinance No. 991 Amending Sections 31,32 and 33 of the Zoning Ordinance relating to Commercial Districts. ORDINANCE NO. 991 ORDINANCE OF THE CITY OF GILROY AMENDING SECTIONS 31,.32, and 33 OF THE ZONING ORDINANCE RELATING TO COMMERCIAL DISTRICTS. PASSED AND ADOPTED this 20th day of August, 1973, by the following vote: AYES: COUNCIL MEMBERS: DeBell, Duffin, Hughan, Pate, Stout, and Goodrich COUNCIL MEMBERS: None COUNCIL MEMBER: Silva NOES: ABSENT: Heard report of the following bids received August 20, 1973, for Las An imas Park Road Proj ect: (1) Renz Cons truct i on Co. - $25,834; (2) Granite Construction Co. - $25,732. It was noted that funds have been budgeted to cover the cost of streets and utilities but the low bid is in excess of the budgeted amount making it necessary for a budget amend- ment. City Administrator Protempore Reinsch recommended that these funds be taken from the Capital Outlay Revolving Fund. Discussion was had. Motion was made by Councilman Stout seconded by Councilman Pate and carried that the low bid of Granite Construction in the amou~t of $25,732 be accepted and that a budget amendment from the Capital Out- lay Revolving Fund be approved for completion of the full project. ~ .... Discussion was had re: the name of the street and the matter was referred to the Street Naming Committee. The Mayor declared it was the time and place for a public hear- i ng on a proposa 1 to add Sect i on 51, Open Space (.!l-S>.- Zone to the Zon i ng Ordinance. Planning Assistant Lefaver exp.lained said proposal. Dis- cussion was had, It was noted that this is a state-mandated requirement. Pub. Hear. re: Prezoning of Prop. on Pacheco Pass (&i/'rb1::- :Is) ~ ........ Day Care Ctr. Madonna Village ",..... ..... Res. #1758 Gavilan Con- cert Series ,..... ...., Sign Ord. Co. Land Use Referrals Motion was made by Councilman Pate carried that the public hearing be seconded by Counci lman Hughan a~4 93 continued to September 4, 1973. The Mayor declared it was the time and place for a public hearing on a request to prezone from l-Z, upon annexation, to M-2 (Light Industrial) District, property located on the south side of Pacheco Pass west of Llagas Creek, containing 11 acres. Planning Assistant Lefaver explained said request. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. As there was no comment from anyone in the audience, it was moved by Councilman Pate seconded byCouncilman Hughan and carried that the public hearing be closed. Discussion was had at Council level. Motion was made by Councilman Pate seconded by Councilman Duffin and carried that the reading of said ordinance be waived and that it be published by title and summary. The Mayor stated it was the time and place for a hearing on an appeal of Mrs. Sadiee Frassetti on the decision of the Planning Commission to change Condition No.3 of Resolution No. 622 regarding the Day Care Center located within Madonna Village. The City Attorney explained that it was the purpose of the Council to establish if the Planning Commission erred in their decision to allow the Madonna Village Day Ca~e Center to enroll twelve (12) non-resident students for a one-year period. The City Attorney read excerpts of the Planning Commission's meeting of July 19, 1973, regarding the request of Madonna Village Day Care Center to change Condition No, 3 of Resolu- t i on No. 622. The Chair recognized Mrs. Sadiee Frassetti, 7860 Miller Avenue, Gilroy, who read a statement presenting her reasons for opposition to the Planning Commission's decision; basically, that a traffic problem would be created as a result of these additional students being trans- ported to and from the premises. The Chair recognized Dr. Carl Bozzo, spokesman;for the Day Care Center. Discussion was had regarding the gates between the two units. Dr. Bozzo stated these were erected to divide the adult units from the family units. Further discussion was had in regard to access to and from the units. Dr. Bozzo agreed to approach the outside parents to determine if they would use the First Street approach to the Day Care Center. Motion was made by Councilman Duffin seconded by Councilman DeBell and carried that Resolution No, 1758 Confirming the Planning Commission's decision be adopted and the reading waived. RESOLUTION NO. 17~ RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DENYING THE APPEAL FROM RESOLUTION NOr 683 OF THE PLANNING COMMISSION MODIFYING A CONDI- TIONAL USE PERMIT FOR MADONNA VILLAGE DAY CARE CENTER. PASSED AND ADOPTED this 20th day of August, 1973, by the following vote: AYES: COUNCIL MEMBERS: DeBell, Duffin, Hughan, Pate and Goodrich NOES: COUNCIL MEMBER: Stout ABSENT: COUNCIL MEMBER: Silva Dr. Carl Bozzo, representing the Board of Directors of the San Jose Symphony Orchestra, addressed the Council and made a presentation on behalf of the "Gavilan Concert Series" requesting the City of Gilroy to guarantor one of the concerts. The Mayor referred the matter to the Library and Culture Commission for recommendation. Mr. Greg Miller, attorney representing seven (7) merchants, addressed the Council and requested postponement of the August 31, 1973, deadline for application for variance re: the sign ordinance. Discussion was had. It was the consensus of the Council that no fur- ther action re: said signs would be taken until after September 17, 1973, in order for said merchants to make a presentation at that time. The presented: 22S73.38. Stout and exemp t i on following referral by the County Planning Department was Morris Fournier, applicant, Exemption Request, File # Motion was made by Councilman Duffin seconded by Councilman carried that the City of Gilroy recommend denial of said request as lot sizes 'would not meet minimum requirements. 3494 Solid Waste Manag't Plan So. S.C. Co. Implementa- t ion Prog. Gi 1 roy Mach ine Softball Team City Administrator Protempore Reinsch presented a request from the County Planning Department for city participation in a Solid Waste Management Plan for Santa Clara County. Mayor Goodrich appointed Councilman Silva as representative to an ad hoc solid waste committee to make recommendations to the Inter-City Council regarding said pro- posal. Councilman DeBell was appointed as alternate. Planning Assistant Lefaver presented a request of the South Santa Clara County Implementation Program for appointment of a city representative to a Steering Committee. Mayor Goodrich appointed Councilman Pate as the City's representative and stated he would make two other appointments to said committee as also requested. ~ City Administrator Protempore Reinsch presented a request of the Hecker Pass Liquors Machine Softball Team for financial aid to participate in the National 16-inch Softball Tournament in St. Louis, Missouri. Discussion was had. Council offered said team endorsement of any fund-raising drives and the use of public facilities. ..... S.C. Co. Trans, The Mini Minutes of the Santa Clara County Transportation Com- Commission mission meeting of July 11, 1973, were noted. PPC Meeting 7/26/73 ALUC Meet. 7/26/73 101 Freeway Sign i n g The Minutes of the Santa Clara County Planning Policy Committee Meeting of July 26, 1973, were noted. The Minutes of the Airport Land Use Commission meeting of July 26, 1973, were noted. A letter from the State Department of Transportation ackowledging receipt of a letter from City Administrator Wood concerning signs on the 101 Freeway Bypass was noted. -- Stone & Youngberg A letter from Stone & Youngberg, Municipal Financing Consultants, ~ Letter Inc~, concerning pending State legislation was noted. Tax Rates 1973-74 Ord. #992 Ord. #993 City Administrator Protempore Reinsch presented a report on the Assessed Valuations for the 1973-74 Tax Year, Discussion was had. Ordinance No, 992 Fixing the Amount of Revenue from Property Taxes Necessary to Support City Departments, etc., was presented. Motion was made by Councilman Hughan seconded by Councilman Pate and carried that the reading of Ordinance No. 992 be waived and that it be adopted. ORDINANCE NO. 992 ORDINANCE OF THE CITY OF GILROY FIXING AMOUNT OF REVENUE FROM PROPERTY TAXES NECESSARY TO SUPPORT THE DEPARTMENTS OF THE CITY AND TO PAY BONDED OR OTHER INDEBTEDNESS OF THE CITY OF GILROY OR ANY PORTION OR DISTRICT OF THE CITY OF GILROY FOR THE FISCAL YEAR 1973-l974. PASSED AND ADOPTED this 20th day of August, 1973, by the following vote: AYES: COUNCIL MEMBERS: DeBell, Duffin, Hughan, Pate, Stout, and Goodr i ch COUNCIL MEMBERS: None COUNCIL MEMBER: Silva NOES: ABSENT: Ordinance No. 993 Setting Tax Rates for 1973-74 Fiscal Year was presented. Motion was made by Councilman Hughan seconded by Councilman Pate and carried that the reading of Ordinance No. 993 be waived and that it be adopted. ~ ....." ORDINANCE NO. 993 ORDINANCE OF THE CITY OF GILROY FIXING THE AD VALOREM ASSESSMENT FOR THE CURRENT FISCAL YEAR 1973-1974 NECESSARY TO SUPPORT THE DEPARTMENTS AND BONDED INDEBTEDNESS OF THE CITY OF GILROY AND THE CITY OF GILROY PARKING DISTRICT NO.1. PASSED AND ADOPTED this 20th day of August, 1973, by the following vote: AYES: COUNCIL MEMBERS: DeBell, Duffin, Hughan, Pate, Stout, and Goodrich COUNCIL MEMBERS: None COUNCIL MEMBERS: Silva NOES: ABSENT: Est. Census Bldg. Inspect. "... ...... Abandoned Vehicles Res. #1759 Uniform Fire Code ",.". .. Sewer Plant Digester ICC Meet. 9/6/73 Adj ou rnmen t ~ -- I City Administrator Protempore Reinsch reported on a pOPulat~~~ti Estimate received from the State Department of Finance noting the City of Gilroy's population to be 14,800, effective April 1, 1973, and re- quested authorization to contact the State and request an estimated census to be effective October 1, 1973. Motion was made by Councilman Hughan seconded by Councilman Pate and carried that the City Administra- tor be authorized to solicit an estimated census as requested. City Administrator Protempore Reinsch presented a request to hire Mr. Gary Patton, Building Inspector, at Step B of Range 34 ($988) and recommended ~pproval of said request, Motion was made by Council- man Hughan seconded by Councilman Pate and carried that Mr. Gary Patton, Building Inspector, be hired at Step B of Range 34 ($988), City Attorney Jacobs presented and explained a request for adoption of a Resolution of Intention to Participate in Abandoned Vehicle Abatement Program. Motion was made by Councilman Pate seconded by Councilman Stout and carried that the reading of Resolution No, 1759 be waived and that it be adopted. RESOLUTION NO. 1759 RESOLUTION OF THE CITY OOUNCIL OF THE CITY OF GILROY OF INTENTION TO PARTICIPATE IN THE ABANDONED VEHICLE ABATEMENT PROGRAM. PASSED AND ADOPTED this 20th day of August, 1973, by the following vote: AYES: COUNCIL MEMBERS: DeBell, Duffin, Hughan, Pate, Stout, and Goodr i ch COUNCIL MEMBERS: None COUNCIL MEMBERS: Silva NOES: ABSENT: Fire Chief Brittain reported that the County has adopted the 1973 Uniform Fire Code with amendments. City Administrator Protempore Reinsch reported on the retirement and health status of Officer Dan Lemos. City Administrator Protempore Reinsch reported on the progress of the removal of the homes from the new library site. City Administrator Protempore Reinsch reported on a digester problem at the sewer plant. The Mayor noted that the Inter-City Council Meeting of September 6, 1973, will be hosted by the City of Gilroy at the Gilroy Elks Lodge, and invited Staff to attend. Mayor Goodrich again welcomed Public Works Director-City Engineer David Hansen to the City's Staff. At 10:45 p.m., it was moved by Councilman Pate seconded by Councilman Hughan and carried to adjourn to September 4, 1973, due to September 3 being a legal holiday. Respectfully submitted, hjJ#tiJ~ {!, (LdW~ t Deputy City Cler September 4, 1973 Council Meeting (Omitted - See pages 3510 thru 3513