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Minutes 1976/09/07 :JB.37 Gilroy, California September 7, 1976 The Regular Meeting of the Gilroy City Council was called to order by His Honor Norman B. Goodrich at 8:02 p.m. Roll Ca 11 Present: Council Members: William E. Childers, Marion T. Link, John E. Pate, David V. Stout, and Norman B. Goodrich. Absent: Council Members: Dennis L. DeBell, George T. Duffin. Consent 'Calendar The Mayor recommended that Item II E" , Request of the National Foundation of March of Dimes for Waiver of the City's Solicitation Permit Fees be approved for a 30-day period only with said dates subject to approval of the City Administrator. Council concurred with said recom- mendation. Minutes Motion was made by Councilman Stout seconded by Councilman Childers that the following items under the Consent Calendar be adopted by the following Roll Call Vote: Ayes: Council Members: William E. Childers, Marion T. Link, John E. Pate, David V. Stout and Norman B. Goodrich. Absent: Council Members: Dennis L. DeBell and George T. Duffin. (Councilman DeBell entered at 8:03 p.m. and took his seat at the Council table.) Approved the Minutes of the August 16, 1976, Regular Council Meeti ng; Pub. Hear. re: Pappani Annex. Set September 20, 1976, as a public hearing date on the request of Pappani, et al, to prezone from A-2~ Agricultural to R-1, Single Family Residence for 30.045 acres of property south of Mantelli Drive and west of Ousley Drive; Amend. re: Sec. 60.2(b) Zone Ord. Set September 20, 1976, as a public hearing date on a proposal of the Planning Commission to amend Sec. 60.2(b) to the Zoning Ordinance by adding a provision that the Commission may approve conditional use permits on an interim basis; Res. #76-44 re: Adopted Resolution No. 76-44 of Intention to Participate in the Abandoned Abandoned Vehicle Abatement Program 1976-77. Vehicles RESOLUTION NO. 76-44 RESOLUTION OF THE COUNCIL OF THE CITY OF GILORY OF INTENTION TO PARTICIPATE IN THE ABANDONED VEHICLE ABATEMENT PROGRAM. PASSED AND ADOPTED this 7th day of September, 1976, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, LINK, PATE, STOUT AND GOODRICH. NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: DeBELL AND DUFFIN ,?836 Soli citations- Ma rch of Dimes Approved request of the National Foundation of March of Dimes requesting waiver of the City's solicitation permit fees, limited to 30 days only. Bids re: Maint.- Director of Public Works-City Engineer Hansen reported on Resurfacing Bids received September 2, 1976, at 2:00 p.m. for "Maintenance- Proj. 76-2 Resurfacing Project 1976-2" and recommended the following additions to said bid: Paving of Santa Theresa Drive south of Third Street; Fourth Street between Miller Avenue and Santa Theresa Drive; and Rosanna Street from Ninth to Tenth Streets and inclusion of Alter- nate "B" for paving of the parking lot at the Southern Pacific Depot Park subject to Southern Pacific Transportation Company's agreement within 30 days. Motion was made by Councilman Stout seconded by Councilman Link and carried that the low bid of Granite Construction Company be awarded in the amount of $176,937.20 which includes the additional paving recommended; and the Base Bid plus Alternates A, B, and C, with Alternate B conditioned upon approval of same by the Southern Pacific Transportation Company as recommended. Bids re: Museum Pappani Annex. Ord. #76-16 Res. #76-45 Removal from Rural F. D. Director of Public Works-City Engineer Hansen reported on bids received for repairs to the Museum and recommended awarding the bid to California Roofinq Company in the amount of $5,398.00. Motion was made by Councilman Pate seconded by Councilman Link and carried that the bid of California Roofing Company in the amount of $5,398.00 be awarded as recommended for the Museum Repairs. A petition fromPappani, et al, was noted requesting annexa- ti on of property to be known as "Pappani Annexati on 76-3 to the City of Gil roy" located on the west side of Morey Avenue northerly of Hecker Pass Highway, containing 30.045 acres. City Administrator Wood explained the proposed annexation. Motion was made by Council- man Stout seconded by Councilman Childers that the reading of Ordi- nance 76-16 be waived and that it be adopted. ORDINANCE NO. 76-16 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "PAPPANI ANNEXATION 76-3 TO THE CITY OF GI LROY" IN AND AS A PART OF SUCH MUNICIPALITY FOR THE GOVERNMENT AND MUNICIPAL CONTROL THEREOF. PASSED AND ADOPTED this 7th day of September, 1976, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, DeBELL, LINK, PATE, STOUT and GOOD RI CH NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Duffin Motion was made by Councilman Pate seconded by Councilman Childers that the reading of Resolution No. 76-45 removing said territory from the Rural Fire District be waived and that it be adopted. RESOLUTION NO. 76-45 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY WITHDRAWING FROM THE GILROY RURAL FIRE DISTRICT TERRITORY THEREIN RECENTLY ANNEXED TO THE CITY OF GILROY UNDER THE DESIGNATION "PAPPANI ANNEXATION 76-3 TO THE CITY OF GILROY. II PASSED AND ADOPTED this 7th day of September, 1976, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, DeBELL, LINK, PATE, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: DUFFIN The Mayor asked if there was anyone in the audience wishing to speak on any item not on the Agenda. There was no comment from anyone in the audience. ....... i ..... ~ .... - '*"'fIII/I 3839 Gilroy Foods A request of Gilroy Foods, Inc. was noted in regard to traffic safety improvements at their plant entrance on state Route 152. City Administrator Wood noted that Gilroy Foods, Inc. have been notified that the City has contacted the State of California for a meeting date on said matter since same is a State highway. I I I ..... Co.-wide Para- medi c Serv. Letter of Com'" mendation Plan. Com. 8/19/76 P & R Com. 8/24/76 Lib. & Cult. Com. Meet. 8/8/76 Monthly Report July 1976 The following informational items were noted with no separate discussion on same: County Implementation Plan for county-wide Paramedic Services; and Letter commending the Gilroy Police Department's Explorer Scout Program. The Report of the August 19, 1976, Planning Commission Meeting was noted. The Minutes of the August 24, 1976, Parks and Recreation Commission meeting were noted. The Minutes of the August 8, 1976, Library and Culture Commission Meeting were noted. The Summary of the Monthly Reports of July 1916 was noted and discussed. Discussion was had on the City's well levels. Disbursements The Report of Disbursements from August 1, 1976, through August 31, 1976, were noted and discussed. Council inquired as to what depart- ment purchased carpeting for a Clubroom. Gloria, Thrasher, Buyer, reported that same was for the Golf Course. 'i!{W'o,,.,. I - Budget Amend. League Conf. *"",.", Dev. Agree. Gong re: Garden Est. A request for a budget amendment for the Women's Softball League for Money In-Money Out in the amount of $500.00 was noted. Motion was made by Councilman Stout seconded by Councilman Pate and carried that the 1976-77 Budget be amended in the amount of $500.00 for the subject request. City Administrator Wood noted a request for designation of a voting delegate to the League of California Cities' Annual Conference. Motion was made by Councilman Pate seconded by Councilman Link and car- ried that the Mayor be appointed as the voting delegate and Councilman Duffin as the alternate voting delegate. The following requested confirmation of League Reservations: Councilmen Duffin, DeBell, Pate, Stout; Mayor Goodrich; and the City Attorney. Councilman Childers noted that he would notify the City on same tomorrow. Council concurred with'the request for an Executive Session in regard to reviewing specific employee's performance following the regular Agenda. Director of Public Works-City Engineer Hansen recommended approval of the Development Agreement of Wilfred and Wing Kum Gong for Garden Estates, Tract #4439. Motion was made by Councilman Stout seconded by Councilman Childers and carried that the Development Agreement for Garden Estates, Tract #4439 be approved as recommended. 3840 * (Omitted - see below) Fed.Pub. Wks. Director of Public Works-City Engineer Hansen presented Grants and discussed a Report on Federal Public Works' Grant. Discussion was had by Council. Council auth0~ized filing of applications for specific projects discussed. OTS Grant Arch. & Site Control Com. Sewer Adv. Com. Director of Public Works-City Engineer Hansen presented a Report in regard to an application for the OTS Grant. Discussion was had on the matter. Motion was made by Councilman Pate seconded by Councilman DeBell and carried that authorization be given for filing of said application and for execution of the agreement as recommended. Councilmen Link and Childers voted "No" on the motion. i .....t The Mayor appointed Mr. Tom F. Taricco to fill the unex- pired term of Hiram C. Miller (10/6/76) on the Architectural and Site Control Advisory Committee. City Administrator Wood reported on the Council Sewer Advisory Committee recommendations in regard to the request for additional Sewer Treatment capacity by the City of Morgan Hill. It was noted that the Committee has recommended that said matter be tabled in order for the committees of both cities to meet and recom- mend a long-term agreement since Morgan Hill's maximum capacity under the present agreement has been reached. It was noted that the Committee has recommended that the City deny the request at this time of the County of Santa Clara for a sewer connection to the planned new Health Clinic at San Martin, noting that same could be discussed following completion of the new sewer plant. Motion was made by Councilman Link seconded by Councilman Childers and carried that the request of the County of Santa Clara for a sewer connection for the planned new Health Clinic be denied at this time. .~,,,i.. Ind. Director City Administrator Wood noted that the Industrial Director Review Committee had met and that the Chamber of Commerce Committee will be formalizing their views on the subject to Council by letter; that they have requested a Joint Meeting of their committee and the Council as a whole to discuss same. It was noted that both Council and Chamber Committee could meet and, if necessary, invite Mr. Ball to an additional meeting after the Council and Chamber meet. ...... Animal Control Councilman Childers inquired if the County has responded to a previous request of the Council in regard to dogs running at large before 8:00 a.m. and after 5:00 p.m. It was noted that Assistant City Administrator Reinsch had written the County and unknown if any reply had been received. Ambulance Co. City Administrator Wood noted that a letter had been re- ceived from the local Ambulance Company and said letter was dis- tributed to Council for their review. It was noted that said letter would be agendized at the next regular Council Meeting. Adjournment At 9:20 p.m. the Mayor adjourned to an Executive Session. At 10:25 p.m., the Mayor reconvened the meeting and adjourned same. ""~i R~r::J~d~ / City Cler * Def. Dev. Agree. Director of Public Works-City Engineer Hansen recommended DeLorenzo, et approval of a Deferred Development Agreement re: 1. DeLorenzo, et ale al Motion was made by Councilman Link seconded by Councilman Childers and carried that the Deferred Development Agreement with L. DeLorenzo, et al, be approved as recommended. .....J