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Minutes 1974/03/18 T Roll Ca 11 Consent Calendar 3551 March 18, 1974 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: Dennis L. DeBell, George T. Duffin, John E. Pate, Anthony C. Silva, David V. Stout and Norman B. Goodrich. Absent: Council Member: John Hughan. Motion was made by Councilman Pate seconded by Councilman DeBell that the following items under the Consent Calendar be approved. Passed and adopted by the following Roll Call Vote: Ayes: Council Members: DeBell, Duffin, Pate, Silva, Stout and Goodrich; Absent: Council Member: Hughan. 3552 Minutes Salary Meri t Increases Ord .#1015 Re:Sec. 83 of Zon. Ord. Equip. re: Las Animas Park Hea ring re: EIR for Westwood Acres #4 Pub. Hear. re:Rezon- ing-L.Wi l- Iard Res. #1792 Consent Calendar Items: Minutes of March 4, 1974 Regular Council Meeting; Minutes of March 6, 1974 Adjourned Council Meeting; Approved Salary Merit Step Increases for the following four (4) City Employees, effective April 1, 1974: Richard Bunnell, Recreation Supervi- sor, Range 31, Step "D" $941. to Step "E" $988.; Norman Hurne, Building Inspector, Range 34 Step I'A" $941., to Step liB" $988.; Donald Anderson and Harold Jones, Patrolmen, Range 32.5, Step "A" $875. to Step "B" $919.; Adopted Ordinance No. 1015 amending Section 83 of the Zoning Ordinance re- lating to enforcement; ~ ORDINANCE NO. 1015 ..... ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 83 OF THE ZONING ORDIN- ANCE RELATING TO ENFORCEMENT. PASSED AND ADOPTED this 18th day of March, 1974, by the following vote: AYES: COUNCIL MEMBERS: DeBell, Duffin, Pate, Silva, Stout and Goodrich. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: Hughan. A Report on quotations for Portable Bleachers and Benches for Las Animas Park was presented. Motion was made by Councilman Duffin seconded by Councilman Silva and carried that the bid be awarded to Out- door Products in the amount of $2,698.50 for said equipment for Las Ani- mas Park; noting that the Softball League will pay one-half (!) of same. Councilman Hughan entered at 8:03 p.m. and took his seat at the Counci 1 table. The Mayor stated that it was the time and place scheduled for a Hearing on an Appeal of Starlite Homes regarding the Decision of the Plan- ning Commission to require an EIR on Westwood Acres, Unit #4. Planning Assistant Lefaver explained the decision of the Plan- ning Commission in regard to same. ".,,"',....-ll. The Mayor asked if there was anyone present in the audience wishing to speak for or against the matter. Mr. W. J. Hanna, of Hanna & Sons Engineering Firm, addressed the Council opposing the EIR requirement. Mr. W. K. Henry, Jr., former City Engineer noted that the Ten- tative Map of Westwood Acres, Unit #4 was a normal tentative map in all respects. Discussion was had in regard to same by Council. Motion was made by Counci Iman Stout seconded by Councilman Silva and carried that the decision of the Planning Commission be rever- sed and that an EIR not be required for Westwood Acres, Unit #4. Roll Callan the above motion: Ayes: Council Members: DeBell, Duffin, Silva, Stout and Goodrich; Noes: Council Members; Hughan and Pate. The Mayor stated that it was the time and place scheduled for a Public Hearing on a Rezoning request of Larry Willard for 2 acres of property located approximately 170 feet east of Kelton Drive on the north side of First Street from R-l to PO District. ~ Planning Assistant Lefaver explained the proposed rezoning. ....... The Mayor asked if there was anyone present in the audience wishing to speak for or against the proposed rezoning. Mr. W. K. Henry, Jr., of Garcia & Henry Engineering Firm, ad- dressed the Council and further explained the proposal for said property. Motion was made by Councilman Duffin seconded by Councilman Pate and carried that the Public Hearing be closed. Motion was made by Councilman Stout seconded by Councilman Pate ",-.. -- Geo . C . Mil i as Testimonial R.Habing, Lib.& Cult. Com. Gilroy Bowl- T.Kawano ....... Northwood Unit #3 ",.., I I '-- 3553 that the reading~of Resolution Nb~~1792 granting said rezoning request of Larry Willard under Section 49 of the Zoning Ordinance be waived and that it be adopted. RESOLUTION NO. 1792 RESOLUTION OF THE CITY OF GILROY GRANTING A SPECIAL ZONING EXCEPTION PURSUANT TO SECTION 49 OF THE ZONING ORDINANCE OF SAID CITY PERMITTING PO (PROFESSIONAL OFFICE) DEVELOPMENT OF A PARCEL LOCATED 170 FEET EAST OF KELTON DRIVE ON THE NORTH SIDE OF FIRST STREET. PASSED AND ADOPTED this 18th day of March, 1974, by the following vote: AYES: COUNCIL MEMBERS: DeBell, Duffin, Hughan, Pate, Silva, Stout and Goodrich. COUNCIL MEMBERS: None COUNCIL MEMBERS: None NOES: ABSENT: Supervisor Sig Sanchez addressed the Council and presented a check in the amount of $188.28 representing excess funds received from the George C. Milias Testimonial and suggested that Council use same for some piece of furniture designated by a placque that same was donated from the "Friends of George C. Milias former Mayor of the City of Gilroy". A letter of resignation from Mrs. Ruth Habing, Library and Culture Commissioner was noted. Motion was made by Councilman Pate seconded by Councilman Stout and carried that the letter be accepted with regret. The Mayor requested Council to present names at the next regular Council Meeting for appointment to said Commission to fill said unexpired term of /irs. Habing (1-1-77). A Request of Gilroy Bowl, T. Kawano was presented for an exten- seion under Resolution No. 1730 (4-2-73). Motion was made by Council- man Stout seconded by Councilman Silva and carried that a one (1) year extension under Resolution No. 1730 (4-2-73) be granted. A letter from Bollenbacher and Kelton, Inc. in regard to North- wood, Unit #3 development was noted. Mr. Ray Swaner, Vice President of Bollenbacher & Kelton, Inc. addressed the Council and inquired about development of Northwood, Unit #3 and #4. He noted that the City has requested additional drainage requirements for Unit #3 since the original Tentative Map had been filed with the City and has also stated that Unit #4 is not developable. Director of Publ ic Works - City Engineer Hansen presented the requested drainage proposal for Unit #3 and noted that Unit #4 could not be developed until Project #566 is completed. Mr. Arnold Brunetti, representing the W. J. Hanna & Son Engineer- ing Firm spoke on behalf of his client and opposed to the additional drainage requirements for Unit #3 requested by the City after the Tenta- tive Map of said subdivision had been approved. Mr. W. K. Henry, Jr., former City Engineer addressed the Council and explained the City's involvement in Unit #3 at the time he was City Engineer when the original tentative map had been filed. He noted that the drainage solution arrived at when the Tentative Map for Unit #3 had been filed was not the best solution however was agreed upon by the City; further that he personally had not discussed the proposed Unit#4 with the Developers. Director of Public Works - City Engineer Hansen further explained the drainage problem. Mr. Ray Swaner and Mr. W. J. Hanna addressed the Council respec- tively, opposing the additional drainage requirements of the City pro- posed by the Director of Public Works - City Engineer. Motion was made by Councilman Stout seconded by Councilman Silva and not carried to permit development in Unit #3 according to the original tentative map and opposed to additional drainage requirements proposed by the Director of Public Works. (Motion was withdrawn and not voted upon.) 3554 Director of Public Works-City Engineer Hansen proposed a possible interim solution to the problem estimated ~o be an additional $1,500.00 to the Deve 1 oper. Councilman Duffin suggested that the City approve the proposal of the Director of Public Works in regard to the drainage in Unit #3 and that the City share the cost of same on a 50-50 basis. Further discussion was had by Council and further discussion was had on the original motion. The original motion was restated: Motion was made by Councilman Stout seconded by Councilman Silva and carried by a Roll Call Vote that the proposed drainage line for Northwood, Unit #3 as indicated by a green line on a map presented to Council be accepted noting that drainage would run south to Welburn Avenue; further to include an Interim Solution as proposed by the Director of Public Works-City Engineer estimated to be an additional $1,500.00 to the Developer and agreed upon by Mr. Swaner. Ayes: Council Members: DeBell, Silva, Stout and Goodrich; Noes: Council Members: Duffin, Hughan, and Pate. .... 'IrttIIIIII Director of Public Works-City Engineer Hansen requested that the Developer's Engineer meet with Staff in regard to the Interim solution pre- sented tonight for said development. Mr. Swaner agreed to same. The Mayor declared a Recess at 10:30 P.M. and reconvened at 10:35 P.M. S.C.Co. Plan. The following referrals of the County Planning Department and Public & Land Works Department in regard to Land and Development matters were noted and Dev. Council had no objection to same: a. Mrs. C. C. MacLellan, Minor Land Divi- sion, File #24S74.2, b. Dr. James R. Ebaugh, et aI, Addition to Veterinary Hospital, #23P73-1; d. Mr. J. Carpenter, et ux, Mobile Home site, #22SP74.1; d. Mr. J. Carpenter, et ux, Office Bldg.-Mobile Home, #22SP74.1; e. Mr. P. Gothot, Residential Site Permit, #74B23.3340; and f. Mr. J. D. Fischer, Resi- dential Site Permit, #74R22.450. Manpower Board S.C.Co. Transp. Com. S.C.Co. Transp. Com. The City Administrator reported on a letter from the City of Sunny- vale in regard to the appointment to the Manpower Board. The Mayor noted that he would be contacting Virginia Days, Mayor of the City of Morgan Hill in regard to a South County Representative and Alternate. ..... ......... The Mini Minutes of the Santa Clara County Transportation Commis- sion Meeting of February 13, 1974; The Mini Minutes of Santa Clara ounty Transportation Commission Regular Meeting of February 27, 1974; S.C.Co. Plan.Pol- tee and icy Com.Meet. & Airport Com.Meet. The Mini Minutes of the Santa Clara County Planning Policy Commit- Airport Land Use Commission Meetings of February 28, 1974; Housing Auth. A letter from the Santa Clara County Housing Authority was noted in appreciation of Council Support; Public Housing A letter from Charles S. Gubser in re: to PUblic Housing Act, Section 23 and Proposed Modifications; Energy I nves t. AB 2942 Plan.Com. Report 3-7-74 .... A letter from Senator Henry M. Jackson in regard to Energy Inves- tigation; and a letter from Assemblyman Richard Hayden in regard to AB 2942 were noted with no separate discussion on same. The Report of the Planning Commission Meeting of March 7, 1974 was noted. 3555 S.C.Co. Transp. Com. Meet. Councilman Hughan inquired of Item No.9 under the Mini Minutes of the Santa Clara Transportation Commission Meeting of February 13, 1974 in regard to Propane Fuel for the bus fleet being 13~ per gallon. ""..... Water Sup- A Report on a Water Supply Study by the Santa Clara Valley Water ply District was noted. City Administrator Wood recommended a Joint Meeting Study with the South County Water Conservation District where the Santa Clara Valley Water District can present their study in hopes that the City can combine their efforts with the South County Water Conservation District. The Mayor requested that Morgan Hill also be included in said Joint Meet- ing, and instructed the City Administrator to arrange such a meeting. ...... Police # A Report on a proposed Police Department Telephone Number for for Anon-Anonymous Informants was noted. The Mayor recommended that the Police ymous Chief determine if same would be feasible and include in the 1974-75 Bud- get for Council consideration at that time. Sign-Humble City Administrator Wood requested Council to set a Hearing on Oil a Sign Violation of Humble Oil at 8857 Monterey Street. Motion was made by Councilman Pate seconded by Councilman Silva and carried that April 1, 1974 be set as a Hearing for same. S.C.Co.Water A Report on the Santa Clara County Water Districts' Proposal District to Monitor Ground Water Quality at the City's Treatment Plant was noted. Res.#1793 Motion was made by Councilman Hughan seconded by Councilman Duffin and carried that Council endorses the City Administrator's posi- tion opposing said proposal and further request their response to the City's action on same. RESOLUTION NO. 1793 ,...... -- RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY OPPOSING THE SANTA CLARA COUNTY WATER DISTRICTS' PROPOSAL TO MONITOR GROUND WATER QUALITY AT THE CITY'S TREATMENT PLANT. PASSED AND ADOPTED this 18th day of March, 1974, by the following vote: AYES: COUNCIL MEMBERS: DeBell, Duffin, Hughan, Pate, Silva, Stout and Goodr i ch. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Levee Cross- Councilman Silva asked who was responsible for disrupting ing- "Silva's Crossing" at Christmas Hill Park. Staff noted that they would Xmas Hillinvestigate same and report back to Council at the next regular meeting. City Emp. Ins. Personnel Director Reinsch reported on the enrollment for the new Medical Health Insurance and Life Insurance for City employees and their dependents. Motion was made by Councilman Pate seconded by Council- man Hughan and carr i ed to accept Plan "C" for the Li fe I nsurance for all employees which received a majority of votes in favor of same by the employees. Adjournment At 11:08 P.M. the Mayor adjourned the meeting. "".. I .... AtfUllY SUbm;tted.: " _/~4'~? d, City Clerk '-