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Minutes 1976/11/15 1 I Roll Ca 11 Certificate of Service Intro. New Employee Consent Calendar Minutes Ord. #76-19 - L . H ow a rd Rezoning 3855 Gilroy, California November 15, 1976 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, John E. Pate, David V. Stout and Norman B. Goodrich. Absent: Council Member: Marion T. Link. The Mayor tabled presentation of a Certificate of Service to retired Planning Commissioner, Vance Baldwin, to await his presence. The Mayor introduced new employee, Mr. Orval L. Jones, Police Officer Trainee. Motion was made by Councilman Pate seconded by Councilman Childers that the following items under the Consent Calendar be adopted by the following Roll Call Vote: Ayes: Council Members: Childers, DeBell, Duffin, Pate, Stout, and Goodrich. Absent: Council Member:Link. Approved the Minutes of the October 25, 1976, Adjourned Regular Council Meeting and the November 1, 1976, Regular Council Meeting; Adopted Ordinance No. 76-19 Rezoning Property of Loring W. Howard located at 8897 Monterey Street from C-l (Neighborhood Commercial) to H-C (Highway Commercial) District; ORDINANCE NO. 76-19 ORDINANCE OF THE CITY OF GILROY M1ENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING A 1.1 ACRE PARCEL AT 8897 MONTEREY STREET AT THE SOUTHWEST CORNER OF LIMAN AVENUE FROM C1 DISTRICT TO HC DISTRICT. PASSED AND ADOPTED this 15th day of November, 1976, by the following vote: 3856 AYES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Pate, Stout and Goodrich NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: Link; Salary Merit Approved Salary Merit Step Increases for the following four (4) Increases City Employees: Richard Galvan and Raul Saarez, Grondskeepers I, Range 25 from Step A, $743 to Step B, $782; Donald Kludt, Police Officer, Range 32.5 from Step C, $1,183 to Step D, $1,240; and Leland Nunes, Equipment Mechanic, Range 31 from Step C, $1,099 to S te p D, $1, 153 ; ....- Pub. Hear. Pappani & Reservoir A rezoni ng re: Set December 6, 1976, as a Public Hearing date on a proposal initiated by the Planning Commission to consider a zone change from I-Z (Interim Zone) to R-l (Single Family Residence) District on approximately 2.85 acres of property belonging to Pappani (1.06 acres) and the City of Gilroy (1.794) acres) - Reservoir; and re: Set December 6, 1976 as a Public Hearing date on a proposal initiated by the Planning Commission to consider a proposed Zoning Ordinance amendment to the various Commercial and Industrial Zones and to establish provisions for a new Commercial/Industrial Zone. - Pub. Hear. Zon. Ord. Amend. Weed Abate. Bids A Report on bids received November 9, 1976, for the 1977 Weed Abatement contract was presented and expl ai ned. It was noted .0 by City Administrator Wood that C. J. Simms Co., Inc., was the only bidder and that he bid the same as the 1976 Weed Abatement contract. Motion was made by Councilman Duffin seconded by Councilman Pate and carried that the bid of C. J. Simms Co., Inc., for the 1977 Weed Abatement Contract be approved and awarded. Certificate The Mayor presented a Certificate of Service to retired of Service Planning Commissioner, Vance Baldwin. Pub.Hear. Be 11 ezza Exclusion re: The Mayor stated that it was the time and place scheduled fqr a public hearing on a proposal to exclude uninhabited territory from the City Limits, IIBellezza Exclusion 76-4 from the City of G i 1 roy . " ..... City Administrator Wood explained the proposed exclusion. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. There was no comment from anyone in the audience. Motion was made by Councilman Duffin seconded by Councilman Pate and carried that the Public Hearing be closed. Ord. #76-20 Ordinance No. 76-20 providing for the alterations of the boundaries of the City by exclusion of the above territory was presented for adoption. Motion was made by Councilman Duffin seconded by Councilman Childers that the reading of Ordinance No. 76-20 be waived and that it be adopted. ORDINANCE NO. 76-20 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE J~ CITY OF GILROY BY THE EXCLUSION THEREFROM OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS IIBELLEZZA EXCLUSION 76-4 FROt1 THE CITY OF GILROY. " PASSED AND ADOPTED this 15th day of November, 1976, by the following vote: AYES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Pate, Stout and Good ri ch. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: Link 3857 Res. #76-52 Resolution No. 76-52 petitioning the Board of Supervisors to annex said territory to the Gilroy Rural Fire District pursuant to the District Reorganization Act of 1965 was presented for adoption. Motion was made by Councilman Duffin seconded by Councilman Childers that the reading of Resolution No. 76-52 be waived and that it be adopted. RESOLUTION NO. 76-52 _. RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY PETITIONING THE SANTA CLARA COUNTY BOARD OF SUPERVISORS TO ANNEX TO THE GILROY RURAL FIRE DISTRICT TERRITORY RECENTLY EXCLUDED FROM THE CITY OF GILROY UNDER THE DESIGNATION "BELLEZZA EXCLUSION 76-4 FROM THE CITY OF GILROy.1I PASSED AND ADOPTED th is 15th day of November, 1976, by the fo 11 owi ng vote: AYES: COUNCIL MEMBERS: Chi 1 ders, Good ri ch None Link DeBell, Duffin, Pate, stout and ... NOES: COUNCIL MEMBERS: ABSENT: . COUNCIL MEMBER: Pub. Hear. Hous i ng & Com. Dev. Grant re: The Mayor stated that it was the time and place scheduled for a public hearing on the Housing and Community Development Act of 1974 Proposed Program for 1977-1980 (3rd Year application). City Administrator Wood presented and explained the proposed budget for said program. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposed program. There was no comment from anyone in the audience. Motion was made by Councilman Pate seconded by Councilman Childers and carried that the Public Hearing be closed. 2nd Pub.Hear. Motion was made by Councilman Duffin seconded by Councilman Stout re:Hous. & and carried that the second Public Hearing on the Housing and Community Com.Dev. Development Act of 1974 proposed program for 1977-1980 be set for Block Grant December 6, 1976. A-IDismantlers The Mayor stated that it was the time and place scheduled for a Appeal hearing on an appeal of A-I Dismantlers regarding South Chestnut Street Res. #76-53 site application action by the Planning Commission. The Staff Report to the Planning Commission on said CUP 75-8 was noted. Mr. Brian Cunningham, attorney representing A-I Dismantlers, addressed the Council and explained the appeal. Discussion was had by Council on the matter. Motion was made by Councilman Stout seconded by Councilman DeBell that the reading of Resolution No. 76-53 approving the South Chestnut Site application of A-I Dismantlers be waived and that it be adopted to include stipulations set forth therein. RESOLUTION NO. 76-53 ~"'''' RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY GRANTING ON APPEAL THE APPLICATION OF A-I AUTO WRECKING FOR A CONDITIONAL USE PERMIT TO OPERATE AN AUTOMOBILE SALVAGE BUSINESS IN AN M2 ZONE AT 6455 CHESTNUT STREET IN THE CITY OF GILROY. PASSED AND ADOPTED this 15th day of November, 1976, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: DeBell, Pate, Stout and Goodrich COUNCIL MEMBERS: Childers and Duffin COUNCIL MEMBER: Link ... BIG Com. re: Leavesley Rd. Proj. Mr. E. Duerr, architect ,representing B.I.G. Committee addressed the Council in regard to the Leavesley Road Beautification Project. He requested City participation in the amount of $1,057.90 which represents 2/3 cost of the total project to include the City furnishing the labor for said improvement. Motion was made by Councilman Duffin seconded by Councilman Childers and carried that the concept of the project be approved and that the City participate in the project as requested. Pl an. Com. Rep ort 11/4/76 Urban Service A report on request for inclusion into the City's Urban Area Service Area was noted and discussed. Motion was made by Councilman Pate seconded by Councilman DeBell and carried that LAFCO be notified that the City of Gilroy has no changes this year in the Urban Service Area. 3858 Solid Waste ~1anagement Plan Old City Hall TURN offering City re p . Pl an. Com. Priority Goals Crime Preven- tion Grant Mr. W. Terriberry, County of Santa Clara, addressed the Council regarding amendments to the county~wide Refuse Disposal Plan. Motion was made by Councilman Pate seconded by Councilman DeBell that the reading of Resolution No. 76-54 approving the addendum to said Solid Waste Management Plan be waived and that it be adopted. RESOLUTION NO. 76-54 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN ADDENDUM TO THE SOLID WASTE MANAGEMENT PLAN OF SANTA CLARA COUNTY. PASSED AND ADOPTED this 15th day of November, 1976, by the fo 11 owi ng vote: AYES: COUNCIL MEMBERS: ......... NOES: ABSENT: Chil ders, Goodrich Stout Link DeBell, Duffin, Pate and "l..,o,*" COUNCIL MEMBERS: COUNCIL MEMBERS: Mr. Frank Laulainan, architect, addressed the:Council and reviewed plans and specifications for the rehabilitation of the Old City Hall building. City Administrator Wood explained a proposed lessee for said building. Cost estimates and rent pro-formula for the property were noted. Motion was made by Councilman Pate seconded by Council- man Stout and carried that the proposal for said building rehabili- tation be accepted; that the concept for same be approved; and that the City Administrator be authorized to enter into a specific Agree- ment with the proposed lessee for final approval of same by Council. The Mayor asked if there was anyone in the audience wishing to speak on a matter not on the agenda. Mr. Larry Brown, 1351 Cedar Court, addressed the Council and commented that the City Council Chambers' public address system is not working properly as the audience is unable to hear the Council. Council requested that same be investigated and an attempt be made to correct the situation. .... - TURN (Toward Utility Rate Normalization) offerfing City representation was noted. The following information items were noted with no separate discussion on same. County of Santa Clara in regard to the reallocation of Los Altos' Second Year Funds, Housing and Urban Development Grant Act; Department of Transportation advising of a meeting on San Jose-Santa Cruz Rail Passenger Study; and Northern California Broadcasters' Association and KCBS in re: to recent community interviews. The Report and Minutes of the Planning Commission Meeting of November 4, 1976, were noted. - di A Report on the Planning Commission Priority Goals - 1976 was noted. Councilman Stout noted that the Commission and Department should attempt to improve information available on all City services; i.e., water usage and sewer services. A Report on a Crime Prevention Grant application was noted and further explained by Chief of Police Laizure. He further recommended that if the City proceeds with the proposed grant, changes in the command structure within the Department be implemented. Res. 76-55 - .... New City Hall Computer System Taxi Cab- E. Trent Water Well Levels Res. #76-56 Gen. Muni. Election ..... 3859 The Mayor recommended that a work session of the Council be set for discussion regarding reorganization of the Department. Motion was made by Councilman Pate seconded by Councilman Duffin that the reading of Resolution No. 76-55 be waived and that it be adopted approving the Crime Prevention Grant application. RESOLUTION NO. 76-55 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AUTHORIZING FILING FOR A GRANT FOR LAW ENFORCEMENT PURPOSES THROUGH THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968, PL 90-351. PASSED AND ADOPTED this 15th day of November, 1976,by the following vote: AYES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Pate, Stout and Goodrich NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: Link A Report on the new City Hall was presented, same requested by Council at the last regular Council Meeting. Discussion was had. Council requested that the City's sewer problems be corrected prior to putting said matter on a municipal ballot. A Report on the City's Computer System was noted and further explained by Cecil Reinsch, Assistant City Administrator. Mr. Jim Davis, representing NCR, addressed the Council and commented on the recommendation of the need for a more sophisticated computer system and explained the proposed new computer system. Motion was made by Councilman Stout seconded by Councilman Childers and carried that the recommendation of the need for a more sophisticated computer system be accepted and that the City Adminis- trator investigate same and recommend the desired system to Council. City Administrator Wood presented and explained a Report on rates proposed by the new Taxi Cab Service. Discussion was had in regard to a condition of the taxi business requested by the Transporta- tion System that this business does not conflict with the County's proposal to subsidize taxi businesses. It was noted that the City is obligated to allow a taxi business in the City on behalf of the citizens of Gilroy and the need for same. Motion was made by Councilman Duffin seconded by Councilman DeBell and carried that a proposed ordinance be introduced, the reading waived, and that it be published by title and summary, amending Section 23.3 of the City Code regarding taxi rates, same to be set by resolution rather than ordinance. A Report of the Director of Public Works-City Engineer Hansen on Municipal Water Well levels was noted. re: Motion was made by Councilman Duffin seconded by Councilman Childers that the reading of Resolution No. 76-56 ordering publication of the General Municipal Election of March 8, 1977, be waived and that it be adopted. RESOLUTION NO. 76-56 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING THE CITY CLERK TO PUBLISH NOTICE OF GENERAL ELECTION FOR MUNICIPAL OFFICERS TO BE HELD IN THE CITY OF GILROY ON MARCH 8, 1977, AND REQUESTING THE SANTA CLARA COUNTY SUPERINTENDENT OF SCHOOLS TO PROVIDE FOR THE CONSOLI- DATION OF THE GENERAL MUNICIPAL ELECTION WITH THE BIENNIAL GOVERNING BOARD MEMBER ELECTION TO BE HELD IN GILROY UNIFIED SCHOOL DISTRICT, GAVILAN JOINT COMMUNITY COLLEGE DISTRICT ANDCOUNTY BOARD OF EDUCATION, TRUSTEE AREA TO BE HELD ON MARCH 8, 1977. PASSED AND ADOPTED this 15th day of November, 1976, by the following vote: AYES: COUNCIL MEMBERS: Chil ders, Goodrich None Link DeBell, Duffin, Pate, stout and NOES: ABSENT: COUNCIL MEMBERS: COUNCIL ME~1BER: 1 3860 Misc.Violation Sections- Ci ty Code Plan. Com. Apptmt- M.Braquet Industri al Dir. Adv. Committee Sewer Adv. Committee Adjournment : The City Attorney'reported on four (4) additional miscellaneous violation sections requested by the Police Department to control drinking and disturbances in public places and presented a proposed ordinance for same. Motion was made by Councilman Stout seconded by Councilman Pate and carried that the reading of the proposed ordinance be waived and that it be introduced and published by title and summary. The Mayor noted that it was the time and place for appoint- ment of a Planning Commissioner to fill the unexpired term of Vance Baldwin (1/1/79) and recommended that Mr. Marcel Braquet be appointed to same. Motion was made by Councilman Duffin seconded by Council- man Childers and carried that Mr. Marcel Braquet be appointed as Planning Commissioner to fill the unexpired term of Vance Baldwin ( 1/1/79) . Councilman Stout reported on behalf of the Council Advisory Committee for Industrial Director and their recommendation that the Committee continue to meet with the Chamber of Commerce's representa- tives to attempt to recommend a solution to the funds requested by the Chamber for said position. Mr. Brian Cunningham, representing the Chamber of Commerce, addressed the Council and presented a proposal for Council considera- tion. The Mayor recommended that the Committee review same and report back to Council on a recommendation for same. City Administrator Wood reported on the Sewer Advisory Com- mittee1s recommendation regarding proposed Mitigation Measures, under Sewerage Treatment Plant Application. Council concurred with said recommendations. Councilman Childers noted a recent incident in which his vehicle was broken into while parked in the vicinity of the South Monterey Street business district. The Mayor adjourned the meeting at 11:49 p.m. Respectfully submitted, o);~?,~,<--J t"jZ;;;;~t City Clerk