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Minutes 1979/09/04 C' ,. , .. '", ' ". -..., 4264 Gilroy, California September 4, 1979 The Regular Meeting of the Gilroy City Council was called to order by His Honor Norman B. Goodrich at 8:00 p.m. Roll Call Present: Council Members: Brian D. Cunningham, Roberta H. Hughan, Marion T. Link, John E. Pate and Norman B. Goodrich. Absent: Council Members: William E. Childers and David V. stout. Consent Calendar Motion was made by Councilman Link seconded by Councilman Cunningham that the following items under the Consent Calendar be approved by the following Roll Call Vote: Ayes: Council Members: Cunningham, Hughan, Link, Pate and Goodrich. Absent: Council Members: Childers and stout. Minutes Approved the Minutes of the Regular Council Meeting of August 20, 1979; Ord. #79-23 re: Adopted Ordinance No. 79-23 amending Section 25.5-1 of the R.V. Veh. & City Code pertaining to parking and use of trailers outside mobile Trailers home parks. ORDINANCE NO. 79-23 AN ORDINANCE OF THE CITY OF GILROY CITY CODE PERTAINING MOBILE HOME PARKS. PASSED AND ADOPTED this 4th vote: AYES: NOES: ABSENT: GILROY AMENDING SECTION 25.5-1 OF THE '\TO PARKING AND USE OF TRAILERS OUTSIDE day of september, 1979, by the following COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, LINK, PATE and GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBERS: CHILDERS and STOUT; Ord. #79-24 re: Adopted Ordinance No. 79-24 enacting Section 57 of the Zoning R.V. veh. & Ordinance regulating storage of Recreational Vehicles and Trailers. Trailers ORDINANCE NO. 79-24 AN ORDINANCE OF THE CITY OF GILROY ENACTING SECTION 57 OF THE ZONING ORDINANCE REGULATING STORAGE OF RECREATIONAL VEHICLES AND TRAILERS. . _,,~ ,_ "._..~.~,,,,, "_,"",w...:.J_""'''",-":",~'.'''''''''''''''~-''''''''''''''''''-l,.,,,,.~....,.,." '........,-.,.,,- - - -' Res. #79-68A Assess. #8, Murray Ave. Imp. Dist. 1975-5 .... Intro. Ord. weed Abate. Posting Tract #6408 Montebello Drive Res. #79-69- street Re- naming Bids re: 5th storm Drain Proj. 79-8 Bids re: cap Ramp Proj. 79-7 ....... ~ Bids re: New Ci ty Hall ....... - 4265 PASSED AND ADOPTED this 4th day of September, 1979, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, LINK, PATE and GOODRICH COUNCIL MEMBERS: NONE COUNC IL MEMBERS: CHILDERS and STOUT; re: Adopted Resolution No. 79-68A setting October 1, 1979, as a Public Hearing date on proposed amended Assessment No. 8 re: Murray Avenue Improvement District 1975-5. RESOLUTION NO. 79-68A 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 1975-5B - ASSESSMENT NO.8. PASSED AYES: NOES: ABSENT: AND ADOPTED this 4th COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: day of september, 1979, by the CUNNINGHAM, HUGHAN, LINK, PATE NONE CHILDERS and STOUT; following vote: and GOODRICH re: Introduced a proposed ordinance amending City Code Section 12.53 (Weed Abatement) correcting City Hall and Fire Headquarters' addresses for posting notices re: Weed Abatement Program, same to be published by title and summary; Accepted Improvements in Tract No. 6408 (Montebello Drive) as "recommended; and Adopted Resolution No. 79-69 renaming Malilly Way to Clark Way and Lashelle Drive to Crawford Drive as recommended. RESOLUTION NO. 79-69 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY RENAMING MALILLY WAY TO CLARK WAY AND LASHELLE DRIVE TO CRAWFORD DRIVE. PASSED AND ADOPTED this 4th day of September, 1979, by the following vote: AYES: COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, LINK, PATE, and GOODRICH NOES: COUNC IL MEMBERS: NONE ABSENT: COUNCIL MEMB~RS: CHILDERS and STOUT st. Director of Public Works-City Engineer Hansen presented and explained a continued report on bids received for the Fifth Street Storm Drain Project 1979-8 recommending rejecting all bids as submitted and readvertise bids for said project. Motion was made by Councilman Link seconded by Councilman Cunningh- ham and carried that all bids be rejected received for the Fifth Street Storm Drain Project 1979-8 as recommended and that bids be readvertised for said project. Handi- Director of public Works-City Engineer Hansen presented and explained a report on bids received for the Handicap Ramp Project 1979-7 recommending that the bid of Andero Construction Company in the amount of $13,500.00 be awarded for same. Motion was made by Councilwoman Hughan seconded by Councilman Link and carried that Andero Construction Company be awarded the bid for the Handicap Ramp Project 1979-7 in the amount of $13,500.00 as recommended. Director of Public Works-City Engineer Hansen presented and explained a report of bids received for the New City Hall Construction Project recommending that the bid of Farotte Construction Company in the amount of $1,423,749.00 plus Add Alternate A in the amount of $8,380.00 for the replacement of old city sidewalk, total contract price $1,432,129 be awarded. Motion was made by Councilwoman Hughan seconded by Councilman Pate and carried that the bid of Farotte Construction Company for the total contract price of $1,432,129.00 be awarded as recommended for the New City Hall Construction Project. 4266 pub. Hear. re: The Mayor stated that it was the time and place scheduled for Weed Abate. a public hearing on a report of the Fire Chief re: Weed Abatement. Res. #79-70 pub. Hear. re: 1980-82 HCD Grant Applic. re: Citizen Participa- tion Plan G. Wojahn re: Sewer & Water Line Install. - Mesa Rd. .... The Report of the Fire Chief was noted. The Mayor asked if there was anyone in the audience wishing to speak for or against the -- report. There was no comment from anyone in the audience. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that the Public Hearing be closed. Motion was made by Councilman Pate seconded by Councilman Link that the reading of Resolution No. 79-70 be waived and that it be adopted confirming the report of the Fire Chief and providing for special assessments. - - RESOLUTION NO. 79-10 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CONFIRMING THE REPORT OF THE CHIEF OF THE FIRE DEPARTMENT SETTING FORTH THE DESCRIPTION OF PROPERTY, THE OWNERS THEREFORE, AND THE COST OF ABATING THE NUISANCE CAUSED BY THE GROWING OF WEEDS AND ACCUMULATION OF REFUSE IN THE CITY OF GILROY, AND PROVIDING THAT SUCH COSTS SHALL CONSTITUTE ASSESSMENTS AGAINST THE RESPECTIVE OWNERS OF LAND. PASSED AND ADOPTED this 4th day of September, 1979, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, LINK, PATE and GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBERS: CHILDERS and STOUT The Mayor stated that it was the time and place scheduled for a Public Hearing on the 1980-82 Community Development Block Grant Application on Citizen Participation Plan. HCD Grant Coordinator McGowan presented and explained the Staff report on same. 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 Link seconded by Councilman Cunningham and carried that the Public Hearing be closed. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that the Citizen Participation Plan as proposed be approved for the 1980-82 Community Development Block Grant Appli- cation. The Mayor asked if there was anyone in the audience wishing to speak on any matter not on the agenda. Mr. Gary wojahn addressed the Council requesting reconsidera- tion of Council decision denying variance of size of sewer and water line installation on Mesa Road. Discussion was had on the matter. Motion was made by Councilman Cunningham seconded by Councilman Link and carried that the matter be reconsidered. Discussion was had on the motion. Motion was made by Councilman Pate seconded by Council- man Link and carried that said request be discussed at the september 17, 1979, regulat Council Meeting in order to notify adjacent property owners, including Mr. Kishimura, since any change in Council's pre- vious action could affect development of their properties. - The Mayor asked if there was anyone further in the audience wishing to speak on any matter not on the agenda. -- Mr. Martin Hathoway, Palm Springs, addressed the Council requesting liaison between City Councils and School Districts. It was explained by Staff that the City of Gilroy has been cooperative with the School District in many areas. - LAFCO Municipal A letter from LAFCO re: Municipal Organization Act of 1977 was Org. Act noted. City Administrator Wood noted that same is not believed to 1977 have any effect on the City of Gilroy. - 4267 Gilroy Medical A request of Concordia Development Corporation for a temporary Center Com- trailer permit at the Gilroy Medical Center construction complex on plex-Temp. Wren Avenue between Montebello and Ortega was noted. Motion was made Trailer by Councilman Link seconded by Councilman Cunningham and carried that a one year temporary trailer permit be approved for the Medical Center construction complex on Wren Avenue expiring September 4, 1980. ~ ..... USA Request- V. Marquez .,.,. ...... A request of Victor Marquez for inclusion in the Urban Service Area was noted. Motion was made by Councilman Pate seconded by Councilman Link and carried that said request be referred to the Planning Department to be discussed with other U.S.A. requests. Res. #79-71 re: A letter from representatives of the Peninsula Division of the Passenger League of California Cities was noted requesting adoption of a resolution Service-S.P. regarding passenger service of the Southern Pacific Railroad. Motion Railroad was made by Councilman Cunningham seconded by Councilman Link that the reading of Resolution No. 79-71 be waived and that it be adopted supporting the League's position regarding the passenger service of the Southern Pacific Transportation Company. The City Attorney noted that he would prepare same. City of M.H. Sewer Con- nection ~.._;tll - Truck Scale & Inspect. Stn. (County) League Bulletin RESOLUTION NO. 79-71 RESOLUTION REGARDING PASSENGER SERVICE OF THE SOUTHERN PACIFIC RAILROAD. PASSED AND ADOPTED this 4th day of September, 1979, by the following vote: AYES: COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, LINK, PATE and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: CHILDERS and STOUT A letter from the City of Morgan Hill was noted requesting an Outside Sewer Connection for a hardship case. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that the outside sewer connection for the hardship case in Morgan Hill be allowed recommending that said property be annexed to the City of Morgan Hill. A letter from the Department of Transportation in regard to a Negative Declaration for a Truck Scale & Inspection Station was noted. Discussion was had on the matter. Council made no comment on same. The League of California Cities Legislative Bulletin #33-1979 was noted. Council concurred with previous policy to follow the League's recommendations on said legislation. Amer. Dev. Corp.- A letter from American Development Corp. was noted requesting an Growth Man- exception to the Growth Management Policy. Motion was made by Councilman agement Cunningham seconded by Councilman Pate to allow the American Development Policy Corporation to apply for an exception to the Growth Management Policy. Motion was withdrawn. ~ HCD Jt. Powers Agreement -- Hope Rehab. Dev. Fees -- - Motion was made by Councilman Cunningham seconded by Councilman Pate and carried that the City allow the American Development Corp. to apply for an exception to the Growth Management Policy and that said matter be re-agendized to the September 17, 1979, regular Council Meeting in order to have them present more information to Council in regard to said project. An amended Urban County Cooperative Agreement - H.C.D. Grant was noted and discussion continued regarding the proposed agreement. Council- man Link recommended tabling action on same until the proposed changes from the other cities are received for action by the City at the September 17, 1979, regular Council meeting. A letter from Hope Rehabilitation Services was noted requesting payment of development fees on an installment basis for a three (3) year period. Motion was made by Councilman Cunningham seconded by Councilman Link and carried that Hope Rehabilitation Services be allowed to pay the development fees as requested on a three (3) year installment basis with no interest to be charged. 4268 Lib. & Cult. Com. Meet. 8/7/79 Library Com. Monthly Reports Local Dev. HCD BUDget Sewer Inter- ceptor Line The following information items were noted with no separate discussion on same: LAFCO Annual Report and ABAG Election information. .... The Minutes of the Library and Culture Commission Meeting of August 7, 1979, were noted. - City Administrator Wood presented and read a letter from Mrs. Nancy Hann, Library & Culture Commissioner, resigning from said Com- mission. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that Mrs. Hanna's resignation be accepted with regrets. The Mayor requested Council Members to present nominations for said replacement for the unexpired term ending January 1, 1982. -- - The Summary of Monthly Reports of July 1979 was noted and discussed. A Report from the City Administrator was noted on coordination of local development applications. Motion was made by Councilman Pate seconded by Councilman Link and carried that a public hearing be set for September 17, 1979, on HCD Budget re: Eastside Neighborhood Improvement Funds. City Administrator Wood presented the final acquisition on the Sewer Interceptor Project for Frank J. Filippi lands in the amount of $16,500.00, recommending approval of same. Motion was made by Councilman Link seconded by Councilman Pate and carried that the acquisition of Frank J. Filippi lands in the amount of $16,500.00 be approved as recommended and that the Mayor be authorized to execute same on behalf of the City. Disbursements The Report of Disbursements from July 1, 1979, through July ... 31, 1979, was noted and discussed. Burglar Alarm Registration ........ A request for a resolution regarding burglar alarm registration as provided for in Ordinance No. 79-18 was noted. The City Attorney explained same. Discussion was had on the matter. The Mayor requested that same be re-agendized and referred same to Staff and the City Attorney for final preparation of same. I.O.O.F. Restric- Director of Public Works-City Engineer Hansen recommended ted Parking removing the time restriction from the south side and to permit parking on the north side of I.O.O.F. Avenue in the vicinity of the South Valley Junior High School. Discussion was had on the matter. Motion was made by Councilman Pate seconded by Councilman Cun- ningham and carried that the recommendation be approved and same be referred to the City Attorney to prepare the required documents to accomplish same. City Code Amend. Director of Public Works-City Engineer Hansen recommended re: Traffic amending the City Code re: 1977-78 Traffic Study of TJKM. Discussion Study was had on the matter. The matter was referred to the City Attorney to prepare an ordinance to remove through streets, etc., allowing same to be established by resolution. ... Project 566 The review of the proposed HCD Joint Powers Agreement was ~ noted to have been discussed earlier in the meeting. City Administrator Wood reported on a hearing on the E.I.S Report of Project 566 on september 26, 1977, at the R. Gwinn School in San Martin and recommended Council send a letter in support of the project. Motion was made by Councilman Pate seconded by Councilman Link and carried that the City support said project as recommended. .... - Adjournment ... City Administrator Wood further noted of the project and questions on same will be on september 18, 1979, between 5:00 p.m. and 4269 that a public map display answered at the Gwinn School 9:30 p.m. At 9:46 p.m., the Mayor adjourned the meeting. Respectfully submitted, ~~..-.J b '~:7 City Cler