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Minutes 1978/12/04 r- -. 4160 Roll Call Bear Flag Presentation Intro. new Employees Consent Calendar Minutes ... , , December 4, 1978 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, Brian D. Cun- ningham, Roberta H. Hughan, Marion T. Link, John E. Pate, David V. stout and Norman B. Goodrich. Mrs. Elaine Balke, representing the Gilroy Senior Citizens' Bowling League, presented the Mayor with a hand-knitted California State Flag which she made for the City to conform with the other two (2) flags that she previously gave to the City. She noted that the three (3) flags contained a total of approximately 1,047,492 stitches. The Mayor introduced new employees, Richard W. Ferris and Karey Tonnesen, Junior Civil Engineers. Motion was made by Councilman Cunningham seconded by Council- man Pate that the following items under the Consent Calendar be adopted by the following Roll Call vote: Ayes: Council Members: Childers, Cunningham, Hughan, Link, Pate, Stout and Goodrich. Approved the Minutes of the Regular Council Meeting of Novem- ber 20, 1978; -?''" ~ _ J.. ...1 L 4161 Res. #78-92 re: Adopted Resolution No. 78-92 Directing Making of Amended Assessment Amended Assess. on Murray Avenue Improvement District 1975-5 (Assessment No.7) setting Murray Ave. January 2, 1979, as a Public Hearing date for same; 75-5 (#7) -- RESOLUTION NO. 78-92 - A RESOLUTION DIRECTING MAKING OF AMENDED ASSESSMENT RE: CERTAIN ASSESS- MENTS UNDER RESOLUTION NO. 75-51 OF PRELIMINARY DETERMINATION AND OF INTENTION - MURRAY AVENUE IMPROVEMENT DISTRICT 1975-5 - ASSESSMENT NO.7. PASSED AND ADOPTED this 4th day of December, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT AND GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE; ..... NOES: ABSENT: Ord. #78-34 Rezoning - L & LEnt. re: Adopted Ordinance No. 78-34 Rezoning property of L & L Enterprises located on the southeast corner of Pierce and Church Streets from M2 (General Industrial) District to CM (Commercial Industrial) District; ORDINANCE NO. 78-34 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING A 1.58 ACRE PARCEL ON THE SOUTHEAST CORNER OF PIERCE AND CHURCH STREETS FROM M2 (GENERAL INDUSTRIAL) DISTRICT TO CM (COMMERCIAL INDUSTRIAL) DISTRICT. PASSED AND ADOPTED this 4th day of December, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT AND GOODRICH COUNC IL MEMBERS: NONE COUNCIL MEMBERS: NONE; NOES: ABSENT: Def.Dev.Agree.- Approved a deverred development agreement with Morton Hall Con- Morton Hall struction Company. Const. Co. ~,~,;,,~ Bids re: Centri- City Administrator Wood presented a report on bids received for fugal Pump a trailer-mounted self-priming centrifugal pump, recommending awarding same to E. R. Bacon Company in the amount of $7,466.53. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that the low bid of E. R. Bacon Company in the amount of $7,466.53 be awarded for the centrifugal pump as recommended. ..... 3rd pub. Hear. HCD Budget re: the the The Mayor stated that it was the time and place scheduled for continued Third Public Hearing on HCD Fifth Year Application under Housing and Community Development Act of 1977. HCD Grant Coordinator McGowan presented and explained the Staff Report. The Mayor asked if there was anyone in the audience wishing to speak on the matter. Dr. Rudy Melone addressed the Council requesting reconsideration for additional funds for housing rehabilitation and land banking. The Mayor asked if there was anyone further in the audience wiShing to speak on the matter. Chris Bergman, 300 Ronan Avenue, addressed the Council, requesting approval of Staff's recommendation for Ronan Avenue Improvements. ,...... I i ..... The Mayor asked if there was anyone further in the audience wishing to speak on the matter. Mr. Paul Andrew, Hope Rehabilitation Center, addressed the Council noting the current status of the Center's program. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. W'WitllI - Mrs. Skip Pridham addressed the Council, representing the Gilroy Access Committee, requesting additional funds for the 1979-80 year to complete the proposed curb ramps for the physically handicapped. 4162 Pub.Hear.re: G. Wojahn, et al, re- zoning pub.Hear. re: 78-79 Weed Abatement Res. #78-93 :~ ,:,",.JL,:JlilU ~'....,...., Mr. Dean Couris, Easter Seal Society, addressed the Council requesting a provision for curb ramps on the east side of Monterey Street. - ..... Motion was made by Councilman Link seconded by Councilman Cunningham and carried that the public Hearing be closed. Discussion was had by Council to revise the proposed HCD Bud- get. same was revised as follows: ..... 1979-80 1980-81 1981-82 Housing Rehabilitation Loan Grants Landbanking, etc. Liman-Ronan Aves. Imp'ts Eastside Neighborhood Imp'ts westside Neighborhood Imp'ts Hope Rehabilitation Center Gilroy Access Committee Forest Street Park ..... Street Tree Replacement Eastside Park Improvements Glenview School Park Imp'ts Administration $20,000 $90,000 $50,000 $32,000 $ -0- $30,900 $14,000 $20,000 $ 2,000 $ -0- $ -0- $31,000 $90,000 $43,000 $50,000 $ -0- $ -0- $35,000 $24,000 $ 8,000 $ 2,000 $ -0- $ -0- $33,000 $120,000 $ 75,000 $ -0- $ -0- $ -0- $30,000 $25,000 $ 8,000 $ 2,000 $ 5,000 $20,000 $35,000 Motion was made by Councilman Cunningham seconded by Council- man Link and carried that the HCD Budget as revised by approved. ... The Mayor stated that it was the time and place scheduled for a public hearing on a rezoning request of Gary wojahn, et al, for property located approximately 875 feet southeast of the inter- section of Mesa Road, Thomas Road and Miller Avenue from IZ Dis- trict to Rl District. - Planning Director Dorn presented and explained the Staff Report. 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 Link seconded by Councilman Pate and carried that the public Hearing be closed. Motion was made by Councilman Link seconded by Councilman stout an~carried that the reading of a proposed ordinance be waived and that it be published by title and summary, rezoning said property. The Mayor stated that it was the time and place scheduled for a public Hearing on the 1978-79 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 Cunningham seconded by Council- i man Link and carried that the Public Hearing be closed. -- Motion was made by Councilman Pate secondea by Councilman Cunningham that the reading of Resolution No. 78-93 Ordering Destruc- tion of Weeds be waived and that it be adopted. RESOLUTION NO. 78-93 .... 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. - iUli-""", Appeal re: Pacheco Pass Motel Sign -~:"''''' i I ...... Res. #78-94 - 4163 ~YES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH COUNC IL MEMBERS: NONE COUNCIL MEMBERS: NONE NOES: ABSENT: The Mayor stated that it was the time and place scheduled for a hearing on an appeal of the Planning Commission's decision to deny a variance requested by Mr. K. H. Chang, for a sign located on Monterey Street advertising the Pacheco Pass Motel. Planning Director Dorn presented and explained Staff's Report on same. The Mayor asked if there was anyone in the audience wishing to speak on the matter. Mr. Ernest Rusconi, attorney representing Mr. K. H.Chang, ad- dressed the Council further explaining the reasons for the requested variance with no limitations. Mr. John Petersen, realtor, also representing the applicant, addressed the Council noting additional reasons for said variance. The Mayor noted that the owner of the building where said sign is located has agreed to allow said sign to be placed on top of the building. Motion was made by Councilman Link seconded by Councilman Pate that the reading of Resolution No. 78-94 be waived and that it be adopted approving the one (1) year extension granted by the Planning Commission with the provision that a sign variance be granted for said sign if same is installed on top of the building prior to the one (1) year expiration date. RESOLUTION NO. 78-94 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AFFIRMING ON APPEAL RESOLUTION NO. 78-52 OF THE PLANNING COMMISSION GRANTING A ONE YEAR NON-RENEWABLE VARIANCE FOR AN OFF-SITE PROPERTY SIGN, AND GRANTING AN ALTERNATE VARIANCE FOR AN OFF-SITE ROOF SIGN AT 7293 MONTEREY STREET. PASSED AND ADOPTED this 4th day of December, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE NOES: AB SENT: So. Co. Airport A letter from the South County Airport regarding the proposed development plan was noted and further explained by Mr. E. Hodge, Manager - Property Division of the County Transportation Agency. Plan. Com. Resignation !l"".... i i ...... Gen. Plan Ind. & Housing Management Task Force - Flood Zone Consolidation Motion was made by Councilman Pate seconded by Councilman Link and carried that the City Administrator prepare a letter for Councilmembers' signatures noting that the City is violently opposed to the development plan of the South County Airport, specifically, to the urban service area development and the ilI!Pact of same on the sewer percolation ponds. A letter from Planning Commissioner Dr. Thomas G. White was noted requesting his name be withdrawn for reappointment to said co~ mission. The Mayor noted that same would be considered at the time of the appointments of Commissioners on December 18, 1978. A letter from the General Plan Consultant was noted requesting a joint Council-Planninc Commission review of the "sketch" General Plan. Council set December 13, 1978, at 3:00 p.m., for said study session. A letter from the Board of Supervisors was noted requesting a representative on the Industry and Housing Management Task Force. The Mayor appointed Mr. Jim Roberts, secretary-Manager of the Gilroy Chamber of Commerce to represent the City on said Task Force. A letter from the Santa Clara Valley Water District was noted in regard to proposed Flood Zones Consolidation. Council supported same. 4164 P & R Com. Meeting 11/28/78 Eastside Pk. Recreation Fees S.p. Park Personnel Com. Meeting 11/28/78 Monthly Reports Disbursemen ts Sr. Citizens' Nutrition Program Golden Gate pk. Re: Water Reclamation Solid Waste Management Plan Res.#78-95 The following informational items were noted with no separate discussion on same: National Guard's letter of appreciation to the Gilroy Fire Department; and ... City of Campbell in re: to the allocation of HCD Funds. .... The Minutes of the Parks and Recreation Commission Meeting of November 28, 1978, were noted. Discussion was had in regard to request of the Commission for Council by the Committee organized for same. matter. renaming of Eastside Park and to select a name recommended Discussion was had on the -- IIIIIIIlt It was noted that Las Animas Park had been renamed because of its proximity to the Las Animas Land Grant and that Eastside Park should be renamed San Ysidro becuase of its proximity to the San Ysidro Land Grant. Motion was made by Councilman Stout seconded by Councilman Pate and carried that Eastside Park be renamed San Ysidro Park. Discussion was had on the recommendation for approval of increased fees for recreation activities and facilities. Parks and Recreation Director Ayer further explained said recommendation. "" Motion was made by Councilman Stout seconded by Councilwoman Hughan and carried that the recommended increased recreation activity and facility fees be approved. Councilmembers Cunningham and Link voted "no" on the motion. Discussion was had on the recommendation to purchase the Southern Pacific Park. Motion was made by Councilman stout seconded by Councilman Link and carried that the City decline the opportunity recommended for S. P. Park Acquisition. Councilman Cunningham voted "no" on the motion. ~ The report of the Personnel Commission Meeting of November 22, 2978, was noted. - The Summary of Monthly Reports of october 1978 was noted. The Report of Disbursements from November 1, 1978, through November 30, 1978, was noted. A request for a budget amendment to pay for additional meals at the Senior Citizens' Nutrition site in the amount of $774.00 was noted. Motion was made by Councilman Link seconded by Councilman stout and carried that the 1978-79 Budget be amended in the amount of $774 to pay for additional meals at the Senior Citizens' Nutri- tion Site as recommended. A Report on the use of reclaimed water at Golden Gate Park was noted and recommended that same be pursued at a later date. A Report on an amendment to the Solid Waste Management Plan for Santa Clara County was noted. Motion was made by Councilman Pate seconded by Councilman Link that the reading of Resolution No. 78-95 be waived and that it be adopted approving said amendment. -- RESOLUTION NO. 78-95 ....... RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN AMENDMENT TO THE SOLID WASTE MANAGEMENT PLAN FOR SANTA CLARA COUNTY, GROUP I WASTE TRANSFER STATION. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gilroy this 4th day of December, 1978, by the following vote: .. AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE; STOUT and GOODRICH _ NOES: COUNCIL MEMBERS: NONE ABSENT: COUNC IL MEMBERS: NONE .,~,,,, Animal Control Ord. 1II'1.'><c*". Corridor study ..... Gavilan Lift station Res. #78-96 re: Spec. Muni. Election - Project 566 4165 A report on revisions of the County's Animal Control Ordinance was noted. Discussion was had on the matter. Motion was made by Councilman stout seconded by Councilman Link and carried that the City is in accord with the revisions to the County's Animal Control Ordinance as presented. Council Members Cunningham and Hughan voted "no" on the motion. A request for a Study Meeting to present the ABAG-MTC Corridor Study waS noted. Council set January 8, 1979, at 8:00 p.m. for said Study Meeting. Director of Public Works-City Engineer Hansen reported on main- tenance of the sewage lift station near Gavilan College recommending that the City maintain same. Motion was made by Councilman Link seconded by Councilman Stout and carried that the City maintain the sewage lift station near Gavilan College as recommended. The Registrar of Voters' Official Canvass of the returns of the November 7, 1978, Special Municipal Election was presented. Motion was made by Councilwoman Hughan seconded by Councilman Childers that the reading of Resolution No. 78-96 be waived and that it be adopted declaring the results of the election returns of the November 7, 1978, Special Municipal Election. RESOLUTION NO. 78-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AND ADOPTING THE REGISTRAR OF VOTERS' CANVASS OF THE SPECIAL MUNICIPAL ELECTION AND DECLARING RESULT OF SUCH ELECTION HELD IN THE CITY OF GILROY ON NOVEMBER 7, 1978. PASSED AND ADOPTED this 4th day of December, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT AND GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE NOES: ABSENT: Councilman Link reported that there is a possibility that the Project 566 will be advertised for bid in September of 1979 reported by the Flood Control District at a recent meeting. Alley Dedication Councilman Stout recommended that the City Quit Claim the dedicated alley back to the property owners between Ninth and Eighth Streets, and between Clifford Equipment and South Valley Refuse Disposal. The Mayor instructed Staff to determine if the four (4) property owners involved will be agreeable to same. Commissioners' Terms ex- pring Sewer Adv. Committee ....""..,.. Adjournment ilIIIioooI - The Mayor noted the report on City Commissioners' terms eXplrlng January 1, 1979, and requested that Councilmembers submit names to him for appointment at the December 18, 1978, Regular Council Meeting. City Administrator Wood requested a Council Sewer Advisory Committee meeting on December 7, 1978, at 4:00 p.m. if appraisals are received for the interceptor line to review same. Council concurred. At 10:51 p.m., the Mayor adjourned the meeting. Respectfully submitted, ~-.J?'#~ ~ City ClerR