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Minutes 1974/08/19 3607 Gilroy, Cal ifornia August 19, 1974 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: George T. Duffin, John Hughan, John E. Pate, Anthony C. Silva, David V. Stout and Norman B. Goodrich. Absent: Council Member: Dennis L. DeBell. ,"""~ - Retirement Certifi- cate The Mayor tabled a presentation of a Retirement Certificate to Ed Parr to await his presence. Intro.new employee The Mayor introduced a new employee: Tim W. Pyzer, Fire Fighter. Consent Ca 1 enda r Motion was made by Councilman Pate seconded by Councilman Duffin that the following items under the Consent Calendar be approved. Passed and adopted by the following Roll Call Vote: Ayes: Council Members: Duffin, Hughan, Pate, Silva, Stout and Goodrich; Absent: Council Member: DeBell. Minutes Minutes of August 5, 1974 Regular Council Meeting; Res.#1843 Adopted Resolution No. 1843 re: Build Out Schedule of Mesa Road Ranch. ..... RESOLUTION NO. 1843 RESOLUTION OF THE CITY OF GILROY MODIFYING RESOLUTION NO. 1545 FOR A PLANNED UNIT DEVELOPMENT OF A 24.1 ACRE PARCEL LOCATED ON THE WEST SIDE OF MESA ROAD NORTH OF AND ADJACENT TO GAVILAN COLLEGE. PASSED AND ADOPTED this 19th day of August, 1974 by the following vote: AYES: COUNCIL MEMBERS: DUFFIN, HUGHAN, PATE, SILVA, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: DeBELL ...... Salary Merit Approved Salary Merit Increases for the following two (2) Employees: Increases David W. Hansen, Director of Publ ic Works-City Engineer, Range 43, from Step "C" $1711. to Step liD" $1808. and Arthur Amaro, Fire Fighter, Range 31, from Step "B" $913. to Step "C" $960.; Pub.Hear.re: Set September 3, 1974 as a Publ ic Hearing date for a rezoning re- Rezoning- quest of Walter J. Hanna for property at 1795 Hecker Pass Highway from I-Z W.J.Hanna to R-l; Pub.Hear.re: Set September 3, 1974 as a Public Hearing date for a rezoning re- Rezoning- quest of Ben Pappani to rezone from R-l to R-2 property located at the Pappani southeast corner of Sixth and Maple Streets; and Damage Claims- Denied Automobile Damage Claims of Mrs. Beverly Arndt and Roy D. 7-30-74 Carlton re: Accident Involving four (4) vehicles July 30, 1974. accident Hea ring: Fl i ngs' Pizza Sign The Mayor stated that it was the time and place scheduled for a Hearing on a non-conforming Mural Sign at Fling's Pizza, 303-1st Street. - Associate Planner Lefaver explained the sign violation and presented sl ides of the subject sign. -.... Councilman DeBell entered and took his seat at the Council table at 8:05 p.m. Mr. Stan Jasinski, owner of Fling's Pizza addressed the Council and noted that he was not aware of a mural painting being a sign. The City Attorney noted that said mural attracted attention to the business and that such a painting is defined in the Zoning Ordinance as an advertising sign. Councilman Duffin noted that he was in favor of permitting said mu r a 1 s i g n . 3608 Bicycle Lanes Gilroy Vet. Hosp.pro- posal to annex Sec. 49 Time Ext. -L. Frisone Water Com- mission Treatment Plant Study Further discussion was had on the matter by Council. Council was not in favor of the fact that the owner of Fling's Pizza had not acknow- ledged any of the correspondence in regard to the signs at Fling's Pizza that were sent by the Planning Department. Motion was made by Councilman Stout seconded by Councilman Pate and carried that Staff's recommendation for removal of the sign be accepted and that the mural sign at Fl ing's Pizza - 303-lst Street be removed within 10 days under Section 68.24 of the Zoning Ordinance. Councilman Duffin voted "noli on the motion. Mrs. Sadiee Frassetti addressed the Council and complimented the City on the Bicycle Lanes throughout the City. , ..... .... A request of the Gilroy Veterminary Hospital was presented and discussed in regard to annexing property located at 9565 North Monterey Highway. " Fire Chief Brittain addressed the Council noted that he would be in favor of said property being annexed to the City with the installation of a 4000 gallon capacity for water storage with an agreement that the property owners would participate in an Improvement District for Fire Pro- tection when said District is proposed. Further discuss ion was had by Counc i 1 that 'sa i d property is not in the City's Urban Planning Area. Dr. J. R. Ebaugh, addressed the Council inquiring about other annexed territory to the north of the subject property. Staff noted that said property was contiguous to the City Limits, however, not in the City's Urban Planning Area. Motion was made by Councilman Stout seconded by Councilman Duffin and carried that the request for annexation of property at 9565 Monterey Highway be denied. -- A request of Mr. Larry Frisone for reconsideration of the Six (6) months Time Extension granted under Section 49, for Multi Residential Property at the southwest corner of Church and Pierce Streets was presented. $,," ,Ai Mr. Larry Frisone, owner of the subject property, addressed the Council and noted that the six (6) months time extension was not feasible; that he would need additional time before said property could be developed. Council referred Mr. Frisone to the Planning Commission for a recommendation on said request. A request of the Santa Clara County Water District for a City nomina- tion to the Water Commission was noted. Motion was made by Councilman Hughan seconded by Councilman Pate and carried that Councilman Silva be nominated to the Water Commission and that Councilman DeBell be nominated as the Alter- nate to same. The Division of Water Qual ity Control Approval of Gilroy's Treat- ment Plant Study Plan was noted and discussed; and BASSA Res.re: BASSA Resolution Urging Congress to Amend Publ ic Law 92-500 was also Pub.Law 92- discussed. Motion was made by Councilman Pate seconded by Councilman DeBell 500-Res.# that the reading of Resolution No. 1844 be waived and that it be adopted. 1844 -- ....,,"'*' RESOLUTION NO. 1844 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REQUESTING CONGRESS TO AMEND PUBLIC LAW 92-500, SECTION 204 (b) (1). PASSED AND ADOPTED this 19th day of August, 1974, by the following vote: AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, SILVA, and GOODRICH. NOES: COUNCIL MEMBER: STOUT ABSENT: COUNCIL MEMBERS: None Council further instructed the City Administrator to contact Morgan Hill and schedule a Joint Meeting in regard to Gilroy's Treatment Plant Study Plan at the earliest possible date. 3609 > Sale of Motor A proposed ordinance from the Inter-City Council was noted re- Vehicle lating to Sale of Motor Vehicle Fuel. Discussion was had on the matter. fuel Council instructed the Planning Department to contact local violators by letter for their cooperation in the matter. Industrial Outfa 11 Sewer Line ,._w-,,;'" - A request from George C. Renz Construction Company for a 60 day Time Extension on completion of the Industrial Outfall Sewer Line Project was presented. Motion was made by Councilman Duffin seconded by Council- man Silva and carried tha~the 60 Day Time Extension for the subject project be granted. ' The following items were noted with no separate discussion on same: Mini Minutes Mini Minutes of Santa Clara County Transportation Commission of S.C.Co. Meetings of July 10, 1974 and July 24, 1974. Com. Plan.Com. Report 8-8-74 Assessed Valuations 74-75 Ord.#1020 ,...i.<'",,", ~ Ord.#1021 -- Goldsmith Seeds Fire hyrant -- Refuse Ser- vice Agree. The Report of the Planning Commission Meeting of August 8, 1974 was noted. A letter from Mrs. S.D. Frassetti appealing Madonna Apts. Year Extension re: Day Care Center was noted. Motion was made by Councilman Pate seconded by Councilman Hughan and carried that a Hearing be set on said appeal for September 3, 1974. A Report on Assessed Valuations for 1974-75 was noted and dis- cussed. Motion was made by Councilman Pate seconded by Councilman Silva that the reading of Ordinance No. 1020 be waived and that it be adopted. Councilman Stout voted "no" on the motion. ORDINANCE NO. 1020 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 1974-1975. PASSED AND ADOPTED this 19th day of August, 1974, by the following vote: AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, SILVA and GOODRICH. NOES: COUNCIL MEMBER: STOUT ABSENT: COUNCIL MEMBERS: None Motion was made by Councilman Pate seconded by Councilman Silva that the reading of Ordinance No. 1021 be waived and that it be adopted. Councilman Stout voted "no" on the motion. ORDINANCE NO. 1021 ORDINANCE OF THE CITY OF GILROY FIXING THE AD VALOREM ASSESSMENT FOR THE CURRENT FISCAL YEAR 1974-1975 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 19th day of August, 1974, by the following vote: AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, SILVA and GOODRICH. NOES: COUNCIL MEMBERS: STOUT ABSENT: COUNCIL MEMBERS: None A Report on Council Minutes relating to Goldsmith Seeds, Inc. Fire Hydrant Service. Discussion was had by Council in regard to the matter. Motion was made by Councilman Hughan seconded by Councilman Silva and carried that the stand-by charge as recommended by Staff be approved to include installation of a valve on said hydrant and further that a copy of the Report on Council Minutes be forwarded to Goldsmith Seeds, Inc. Councilman Duffin voted "no" on the motion. The Mayor appointed Councilmen Silva and Duffin and himself and the City Administrator to meet with the City's Refuse Contractor to Consider a new service agreement. Emp.promotions A recommendation for promotion of the following two City employees: Norma Wiedeman, Jr. Clerk Typist to Clerk Typist, Range 24.5 Step "C" $700.00 and Rose Hurley, Jr. Clerk Typist to Account Clerk, 3610 Federal Aid Urban Prog. Update Water Chg. Cons t. Projects Range 24.5 Step I'A" $636. was noted and discussed. Motion was made by Councilman Pate seconded by Councilman Silva and carried that Norma Wiedeman and Rose Hurley be promoted to Clerk Typist and Account Clerk respect i ve 1 y as recommended by the C it)Admi n i strator. A Report on Federal Aid Urban Program Update was noted. Motion was made by Councilman Pate seconded by Councilman Silva and carried that the 3 yr. Program as recommended by Staff be approved and that Staff be authorized to proceed with ~e negotiations with the County on this basis. ... A Report on Water Charges for Construction Projects was noted, and discussed. Council requested Staff to investigate the charges recently paid by Gilroy Plaza Project. ... Disclosure of Councilman Hughan inquired of the deadl ine for Publ ic Offi- Assets cials to file their disclosure of assets statements. It was noted by Staff that the deadline for City Officials to file statements regard- ing Disclosure of Assets was September 30, 1974. Golf Course Imp. Proj. Reservoir Golf Crse. Forest St. Pk.project City-School Committee Councilman Duffin inquired of the progress in regard to the Golf Course proposed restroom facil ities. It was noted by Staff that the City would provide the labor for said project and that same would be completed as soon as possible. Councilman Silva inquired of the progress in filing the reser- voir at the Golf Course. It was noted by Staff that same is being completed; that in order to completely fill same the City may have to spread the material now in the reservoir. Councilman Stout inquired of the progress at Forest Street Park for the Bocci Ball players. !IIIIIIIJ - Councilman Stout inquired of the Sch901 Bedroom tax Committees' next scheduled meeting. City Administrator Wood noted that it was set, for August 26, 1974. Counci Iman Stout further noted that he was not notified of the last meeting. Mont.St.lmp. City Administrator Wood presented an amendment to the Prelimi,nary Proj.74-3 Agreement with the State Department of Transportation in regard to Monterey Street Improvement Project 1974-3. Motion was made by Council- man Duffin seconded by Councilman Silva and carried that the draft agree- ment be approved and authorization b~ given for execution of said agreement in its final form. Adjournment At 10:00 p.m. motion was made by Councilman Pate seconded by Council- man Hughan and carried that the meeting adjourn to Tuesday, September 3, 1974. Respect~ully submitted, / ); 1/' (7) / ) /', ) /1""" kv{'Y-:::: /,/}, \/ /1/(/ t{. 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