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Minutes 1976/01/05 3764 Roll Call Cert. of Service- R. Young January 5, 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. 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. The Mayor presented a Certificate of Service to Mr. Richard Young, retired Library and Culture Commissioner. - - Consent Motion was made by Councilman Pate seconded by Councilman Link Calendar 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 Regular Council Meeting of December 15, 1975, Regular Adjourned Council Meeting of December 16, 1975, and Regular Adjourned Council Meeting of December 19, 1975; Res. #76-1-Re: Noise Element RESOLUTION NO. 76-1 Claim - Garner Pub. Hear. re: Rezoning - Luna Estates Pub. Hear. re: 75-76 Weed Abate. Program Res. #76-2 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AMENDING THE GENERAL PLAN OF THE CITY OF GILROY BY ADOPTING AND ADDING THERETO THE NOISE ELEMENT. PASSED AND ADOPTED this 5th day of January, 1976, by the following vote: AYES: COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Childers, DeBell, Duffin, Stout, and Goodrich. None None; Link, Pate, ilW",q Denied Claim of Mr. Marvin Garner, et ux. - The Mayor stated that it was the time and place scheduled for a public hearing on the rezoning proposal of the Planning Commission to rezone Luna Estates from I-Z to R-1, located approximately 200 feet north of Leavesley Road on the east side of Murray Avenue. City Adminis- trator Wood explained the proposed rezoning. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposed rezoning. There was no comment from anyone in the audience. Motion was made by Councilman Pate seconded by Councilman Link and carried that the public hearing be closed. Motion was made by Councilman Pate seconded by Councilman Childers and carried that a proposed ordinance be introduced and published by title and summary rezoning said property. The Mayor stated that it was the time and place scheduled for the public hearing on the 1975-1976 Weed Abatement Program. He asked if there was anyone in the audience wishing to speak for or against the Program. There was no comment from anyone in the audience. Motion was made by Councilman Pate seconded by Councilman Link and carried that the public hearing be closed. Motion was made by Councilman Stout seconded by Councilman Link that Resolution No. 76-2 Ordering Destruction of Weeds be adopted. ","",,",.~ RESOLUTION NO. 76-2 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY INSTRUCTING THE CHIEF OF THE FIRE DEPARTMENT TO ABATE NUISANCE ARISING OUT OF WEEDS GROWING UPON LOTS OR IN FRONT OF PROPERTY IN THE CITY OF GILROY AS REQUIRED BY SECTION 5 OF ORDINANCE NO. 754. PASSED AND ADOPTED this 5th day of January, 1976, by the following vote: AYES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Link, Pate, Stout and Goodrich NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Sewer Farm Well Comprehensive Health Plan Assoc. ...~ ABAG Elec. S.C.Water Dist. Prog. Bicentennial Celebration HR 8603 ....'/<i!',,""',~ Plan. Com. re: Mira Loma PUD -... Ind. Dir. Report Transit Program Mon th ly Report Murray Ave. Imp. Proj. 75-5 3765 A request of Mr. Bob Filice to rent the agricultural well at the Sewer Farm was noted and discussed. Motion was made by Councilman Duffin seconded by Councilman Link and carried that the request to rent said well at the Sewer Farm be approved for a two (2) year contract at $800 per year rent with all costs to be paid by the renter for said use of said well with a one (1) year option to renew said agreement by mutual consent of both parties. A letter from the President of the Comprehensive Health Planning Association (Santa Clara County) in regard to Gilroy participation was noted. The Mayor appointed Councilman Childers to represent the City at the January 19, 1976, meeting and report back to Council regarding same. The following informational items were noted with no separate dis- cussion on items 1 through 3, inclusive. 1. ABAG election of President and Vice President - ballots included in the Council Agenda packets for return to the City Clerk. 2. Chairman of Santa Clara Water District in re: to District Program; 3. Regional Director, American Bicentennial Administration, designating Gilroy an Official Bicentennial Community; 4. Discussion was had in regard to a letter from Congressman Mineta in re: to Amendment to HR 8603, Providing Local Precedence in Location of New Resident Mail Boxes. City Administrator Wood noted that Pyramid Homes and Arcadia Homes had been notified of this proposal in order that they could make a presentation at the January 9, 1976, meeting from 9-11 a.m. at the Christ Presbyterian Church in San Jose in regard to this H.R. amend- ment. A request and recommendation of the Planning Commission was noted for a density change in the PUD of Mira Loma on Lot 24 from 26 units to density allowed by the Zoning Ordinance; specifically, that 38 R-3 units be allowed on the 2.37 acres of land. Motion was made by Councilman Link seconded by Councilman Childers and carried that 38 R-3 units be allowed on the 2.37 acres of land of Mira Loma Subdivision; as recommended. The Industrial Director's Activity Report II was noted and accepted. A proposed meeting with the Santa Clara County Transit District to present the Transit Program was noted and accepted. The Summary of Monthly Reports of October 1975 was noted and di s- cussed. Councilman Stout requested that he be provided with a breakdown of the Utility Taxes received from July 1, 1975, through October 31, 1975. Director of Public Works-City Engineer Hansen requested tabling award of the contract for the "Murray Avenue Improvement District Project 1975-5" to the next regular Council Meeting. Council had no objection to same. Castlewood #9 Director of Public Works-City Engineer Hansen recommended approval ~ Tr. 5751 of the plans, agreement and tract map for Castlewood, Unit No.9, Tract 5751, and explained said proposal. Discussion was had on the matter. Motion __ was made by Councilman Duffin seconded by Councilman Childers and carried that the plans, agreement, and tract map for Castlewood Unit #9, Tract 5751, be approved as requested provided that the stipulation requiring the owner to dedicate the fifteen (15) foot School Access Walkway to the School Dis- trict is satisfactory with the School District. 3rd St. t'li 11 er Ave. Signals Director of PUblic Wroks-City Engineer Hansen presented and explained a report in regard to the Third Street - Miller Avenue signals. Council recommended that said signals be in operation on a twenty-four (24) hour basis and that any proposal to change same be referred to Council prior to any such change. 3766 Res. #76-3 Com- mission appts. Golf Course Operation Sales & Use Tax Mt. Hamilton's Complaint re: Li ghti ng Truck:-Sewer Farm Forest St. Bocci Ball Overhang Moti on was made by Counci 1 man Duffin seconded by Councilman Stout that the reading of Resolution No. 76-3 be waived and that it be adopted re: procedures for the appointment and removal of members of City Boards and Commissions. RESOLUTION NO. 76-3 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING PROCEDURES FOR THE APPOINTMENT AND REMOVAL OF MEMBERS OF CITY BOARDS AND COM- MISSIONS. PASSED AND ADOPTED this 5th day of January, 1976, by the following vote: AYES: .. COUNCIL MEMBERS: Childers, DeBell, Duffin, Stout, and Goodrich None None Li n k, Pate, NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: ..... Councilman Duffin requested, for liaison purposes, that a Parks and Recreation Commissioner or the Parks and Recreation Director meet with the Board of the Golf and Country Club Board of Directors at their monthly meetings. The Mayor restated the City's position in regard to the matter of Sales and Use Taxes presently being collected by the County and San Jose's action to change same. He further stated that the reso- lution proposed by the Inter-City Council meeting would be for the cities in the County to not take any action in regard to said matter until after January 1, 1977, and he noted that he is in accord with same. Council concurred. Discussion was had in regard to Mt. Hamilton's complaint to the Inter-City Council in regard to outdoor advertising lighting and street lighting causing a glare at the observatory. Director of Public Works-City Engineer Hansen further explained the matter and noted that there is a solution of installing new mercury vapor street lights and installing lenses on present street lights. Council took no action in this regard. !III'Il!lI City Administrator Wood presented a recommendation to purchase a used pickup truck for use at the Sewer Farm in the amount of $2,040. Discussion was had on the matter. Motion was made by Council- man Duffin seconded by Councilman Link and carried that the used pickup truck in the amount of $2,040 be purchased as requested. A Report on one (1) bid received from Gordon Farotte in the amount of $9,340 for the Forest Street Bocci Ball Overhang was pre- sented and explained. It was noted that $7,000 has been budgeted for said project and Staff recommended that the City construct the majority of the work and let contracts for portions of the work that the City cannot accomplish. It was further noted that to fence the playgro~nd separately from the Bocci Ball Court would require an additional expendi- ture of approximately $1,500. Discussion was had on the matter. . Mo- ti on was made by Counci 1 man Stout seconded by Councilman Pate and carried by the following Roll Call Vote that the bid of Gordon Farotte in the . amount of $9,340 be accepted amending the budget to allow for this project, including the additional $1,500 fencing expenditures. AYes: I Council Members: Link, Pate, Stout, and Goodrich. Noes: Council Members: Childers, DeBell, and Duffin. l!lIIIIIIII Las Animas Multi- A Report of bids received for the Las Animas Multi-Purpose Purpose Slab Slab was presented and explained noting that the low bid was from ""...... Granite Construction Company in the amount of $11,691. Discussion was had on the matter. Motion was made by Councilman Pate seconded by Councilman Duffin and carried that the bid of Granite Construction Company in the amount of $11,691 for the Multi-Purpose Slab at Las Animas Park be accepted. Councilman Link voted "no" on the motion. Ci ty Corp. Yd. Additi on City Administrator Wood noted that the Jung Property adjacent to the City Corporation Yard would require an appraisal as the owners have no price set for the subject lands. He noted that there is ap- proximately 1.73 acres available. The cost of an appraisal of said' property is estimated at $500. Discussion was had on the matter. Motion was made by Councilman Duffin seconded by Councilman DeBell l ICC Meeting Adjournment and carried that the City obtain ar:\ appraisal for said property as recommended. Councilman Stout voted "No" on the motion. The Mayor noted the Inter-City Council Meeting in San Jose on January 8, 1976. Council requested that three (3) reservations be made for City Officials to attend said meeting. At 9:38 p.m., the Mayor adjourned the meeting. Respectfully submitted, ;' ~ '--::> . . ...Y2t,J4..."".- -". City C 1 er J-r:::~~:' 3767