Minutes 1974/05/06
3566
May 6, 1974
Gilroy, California
The Regular Meeting of the Gilroy City Council was called
to order by His Honor Ma~or Norman B. Goodrich at 8:00 P.M.
Roll Call
Present: Council Members: Dennis L. DeBell, George T. Duffin,
John Hughan, John E. Pate, David V. Stout and Norman B. Goodrich.
Absent: Council Member: Anthony C. Silva.
Intra. newemp.- The Mayor introduced new employee: Patricia Robbins, Jr. Clerk-
Promotion & Typist; and promotion of David M. Bozzo, Fireman Apprentice to Fireman,
Presentation and noted that presentation of a certificate of service to Vernon Naughton,
retiring from the Fire Department, would not be made as Mr. Naughton was
not present.
---
.....
Consent
Calendar
Council noted that before them were copies of an Omission and Cor-
rection in the Minutes of the April 30, 1974, Adjourned Study Session of
the Council. Councilman Hughan noted that he was present at both Adjourned
Study Sessions of April 29, 1974, and April 30, 1974.
Councilman DeBell noted that he would bring up later in the meeting
previous Council action on the matter of deleting the dimmers in the Library
Project Contract.
With the noted Omissions and Corrections being approved, motion was
made by Councilman Hughan seconded by Councilman Duffin that the following
items under the Consent Calendar be approved. Passed and adopted by the
following Roll Call Vote: Ayes: Council Members: DeBell, Duffin, Hughan,
Pate, Stout and Goodrich. Noes: Council Members: None; Absent: Council
Member: Silva.
Minutes
Consent Calendar Items: Minutes of April 16, 1974, Regular Adjourned
Council Meeting;
Minutes of April 29, 1974, Council's Adjourned Study Session; and
Minutes of April 30, 1974, Council's Adjourned Study Session.
Xmas Hi 11 Pk.
Concession
Stand
Director of Parks and Recreation Ayer reported that one bid had been
received from the Gilroy Little League on May 3, 1974, at 2:00 p.m. for the
Concession Stand at Christmas Hill Park, in the amount of $200 flat fee, or
5% of the net sales excluding donations. Motion was made by Councilman
Duffin seconded by Councilman deBell and carried that the bid of the Gilroy
Little League for the $200 flat fee for the balance of the existing contract
be accepted. (Said Agreement to expi re December 31, 1974.)
Bids re:Pick-Up
Parks Dept.
The following report on bids received for 3/4 Ton Pick-up for the
Parks Department (20C1) was noted. 1. Gilroy Motors - $4,216.93; 2. Marx
Chevrolet - $4,571.47. Motion was made by Councilman Hughan seconded by
Councilman Pate and carried that the bid of Gilroy Motors in the amount
of $4,216.93 be awarded for the 3/4 Ton Pick-up for the Parks Department.
It was noted that Councilman Duffin was absent during the discussion and
motion awarding said bid due to his affil iation with Gilroy Motors.
Hearing re: Ray's The Mayor stated that it was the time and place scheduled for a
Auto Parts hearing on a sign violation of Ray1s Auto Parts at 7850 Monterey Street,
Sign Gilroy.
.......
Planning Assistant Lefaver explained said violation.
...
The Mayor asked if there was anyone in the audience wishing to
speak for or against the matter.
Mr. Ray Rossi, owner of Ray's Auto Parts, addressed the Council and
informed the Council that a new sign is proposed for said location and re-
quested an extension for removing the present sign and installing said new
sign.
Pe tit i on re:
Stelling 73-8
Annex.
Ord. #1016
flIP"'"
,.,.,..
Res. #1796 re:
Removal from
Rural Fire
D i st.
1"."',:........4.
-
Mont. St. Imp.
Pro j. 74- 3
Re s. # 1 797 ,
1798 & 1799
~
--
3567
Motion was made by Councilman Hughan seconded by Councilman DeBell
and carried that an extension of 120 days be granted Mr. Ray Rossi for
removing the present sign at 7850 Monterey Street and installing the new
sign to be in accord with the City.s Sign Ordinance.
A petition from Mrs. Inez E. Stelling, et aI, was noted requesting
Annexation of Uninhabited Territory to be known as "Stelling 73-8 Annexation
to the City of Gilroy", located on the south side of Fifth Western Addition
between Miller Avenue Annexation No.1 and Southwest Annexation 65-2,
containing 135.23 acres.
The City Attorney presented Ordinance No. 1016 annexing said territory
to the City of Gilroy. Motion was made by Councilman Duffin seconded by
Councilman Pate that the reading of Ordinance No. 1016 be waived and that
it be adopted.
ORDINANCE NO. 1016
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY
OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIG-
NATED AS "STELLING ANNEXATION 73-8 TO THE CITY OF GILROY" IN AND AS A PART
OF SUCH MUNICIPALITY FOR THE GOVERNMENT AND MUNICIPAL CONTROL THEREOF.
PASSED AND ADOPTED this 6th day of May, 1974, by the following vote:
AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, STOUT and GOODRICH
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBER: SILVA
Resolution No. 1796 removing said territory from the Rural Fire
District was presented. Motion was made by Councilman Hughan seconded
by Councilman DeBell that the reading of Resolution No. 1796 be waived and
that it be adopted.
RESOLUTION NO. 1796
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 "STELLING 73-8 ANNEXATION TO THE CITY OF GILROY".
PASSED AND ADOPTED this 6th day of May, 1974, by the following vote:
AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, STOUT and GOODRICH
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBER: SILVA
City Administrator Protempore Reinsch presented resolutions in
regard to formation of the Downtown Beautification and Parking District
Modification Plan (Monterey Street Improvement Project 1974-3).
Discussion was had in regard to the appointment of the Civil Engineer
for said project.
Councilman DeBell left the Council Room at 8:41 p.m. and returned at
8:44 p.m., during the reading of the proposed Resolution Appointing the Engi-
neer for the Project.
Motion was made by Councilman Hughan seconded by Counci Iman Pate and
carried that Resolution No. 1797 Appointing Engineer and Authorizing Execution
of an Agreement for Engineering Services in Connection with said project be
adopted.
RESOLUTION NO. 1797
A RESOLUTION APPOINTING ENGINEER AND AUTHORIZING EXECUTION OF AGREEMENT FOR
ENGINEERING SERVICES IN CONNECTION WITH MONTEREY STREET IMPROVEMENT PROJECT
1974-3.
PASSED AND ADOPTED this 6th day of May, 1974, by the following vote:
AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, and GOODRICH
NOES: COUNCIL MEMBER: STOUT
ABSENT: COUNCIL MEMBER: SILVA
Motion was made by Councilman Hughan seconded by Councilman Pate
that the reading of Resolution No. 1798 Appointing Attorneys be waived and
that it be adopted.
3568
Agree. re:
Mont. St.
Project
S.C.Co.
Referrals on
Land Dev.
I.F.D.E.S.
Parade
Pieters-Wheeler
Seeds-Temp.
Port.Offi ce
RESOLUTION NO. 1798
A RESOLUTION APPOINTING ATTORNEYS - MONTEREY STREET IMPROVEMENT
PROJECT 1974-3.
PASSED AND ADOPTED this 6th day of May, 1974, by the followin~ vote:
AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE and GOODRICH
NOES: COUNCIL MEMBERS: STOUT
ABSENT: COUNCIL MEMBERS: SILVA
Motion was made by Councilman Hughan seconded by Councilman
Pate that the reading of Resolution No. 1799 of Preliminary Determi-
nation and of Intention be waived and that it be adopted.
RESOLUTION NO. 1799
......
RESOLUTION OF PRELIMINARY DETERMINATION AND OF INTENTION -
MONTEREY STREET IMPROVEMENT PROJECT 1974-3.
PASSED AND ADOPTED this 6th day of May, 1974, by the following vote:
AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, and GOODRICH
NOES: COUNC I L MEMBER: STOUT
ABSENT: COUNCIL MEMBER: SILVA
-
A Notice of Exemption, re: EIR Clearance for said project was
presented. Motion was made by Councilman Pate seconded by Councilman
Duffin and carried that the City Administrator be authorized to execute
the Notice of Exemption, re: EIR Clearance for said Project.
Director of Public Works - City Engineer Hansen presented
a proposed Agreement with the State Department of Transportation to
provide for the reconstruction and resurfacing, to place in a state of
good repair, the portion of State Highway Route 101 (Monterey Rd.) be-
tween First and Tenth Streets in the City of Gilroy. He noted that said
agreement would be presented to Council at a later date for approval of
same.
Discussion was had in regard to said agreement. The Mayor asked
if there was anyone in the audience wishing to comment on the proposed
agreement. There was no comment from anyone in the audience.
,....,
""".,,,;M'
The following Santa Clara County Referrals on Planning and Land
Development were noted: a) Roy F. Hurst, Minor Land Division, #24S74.8;
b) David Alberti, Minor Land Division, #23S74.3; c) Ivan Zubow, Minor
Land Division, #22S74.16; d) F. & J. Beno, Change Zoning "A" to A2.5,
#23Z74.1; e) Gerald Soma, Site Approval, #74M24.821; f) Alfred A. Linden,
Site Approval, #74B22.3349; g) Harry E. Olson, Site Approval, #74R24.458;
h) Eugene Zanger, Site Approval, #74M05.817; i) Richard Mackie, Minor
Land Division,#22S74.28; j) Fil teEstate Vineyards, Mobile Home Permit,
#23SP74.2; k) Manuel Gomes, Site Approval, #74B25.3353; 1) Charles L.
Carrithers, Site Approval, #74M23.287; and m) Abel Ferreira, Minor Land
Division, #22S74.19.
Council noted that the applications of Harry E. Olson and Abel
Ferreira were in violation of the County's minimum acreage for a build-
ing site; objected to the use of septic tanks for all appl ications
expecially that of F. & J. Beno being too close to the City's source
of water supplies and Fil ice Estate Vineyards which did not specify the
distance to the existing septic system; and further objected to the
driveway in the application of Abel Ferreira that opened on to the
future Santa Teresa Expressway. Discussion was also had in regard to
the County's thinking in regard to future driveways opening onto the
future Santa Teresa Expressway, in future appl ications.
,....,
A request of the I.F.D.E.S. Portuguese Society for ~ermission
to conduct their annual parade on May 19, 1974, was noted. Motion was
made by Councilman Pate seconded by Councilman Stout and carried that
the request of the IF.D.E.S. Portuguese Society of Gilroy to conduct
a parade on May 19, 1974, be granted.
""'.,.~~,M
A request of Pieters-Wheeler Seeds for permission to use a
temporary portable office on Swanston Lane north of their existing
buildings was noted. Motion was made by Councilman Pate seconded by
Councilman Hughan and carried that the request of Pieters-Wheeler
Seeds 'for permission to use a temporary portable office on Swanston
Emsee Trans.
Co. re: Temp.
Off i ce T r .
Pathway
South
---
.......
Co. Library
Com.App't
Lane north of their existing buildings be granted for a period of six
(6) months.
3569
A request of Emsee Transportation Co. was noted requesting a one (1)
year extension for use of their temporary mobile office un:t. Motion
was made by Councilman Stout seconded by Councilman Pate and carried that
a one (1) year extension be granted Emsee Transportation Co. for use of their
temporary mobile office unit.
A request of Pathway South, Inc. was noted requesting permission to
address the Council. Mr. Jim Kallesen, representing said organization
addressed the Council and requested the quarterly donation from the City.
It was noted by Staff that the balance due of the $2,500 donation from the
City was in the amount of $625.00 to be paid prior to June 30, 1974. Mr.
Kallesen further gave a progress report in regard to the said organization.
A letter from the Board of Supervisors in regard to a nomination
to the County Library Commission was noted. The Mayor requested that
Council present eligible candidates of their choice at the next regular
meeting of May 20, 1974.
Res. #1800 re: A request of the City of San Jose for Council support of State Clean
State Clean Water Bond Issue was presented. Motion was made by Councilman Hughan seconded
Water Bond by Councilman DeBell that the reading of Resolution No. 1800 be waived and
Issue that it be adopted.
#>"",,('",
.......
S.C.Co.Plan.
Pol.Com.
S.C.Co.
ALUC Meet.
Mini Minutes-
ALUC & PPC
HUD re: Tax
Exempt
Bonds
BASSA
S.C.Co.
Trans. Com.
""....
S.C.Co.
Trans. Com.
....
Business
Licenses
Financing
Letter
Plan. Com.
Report
4/18174
RESOLUTION NO. 1800
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY SUPPORTING THE 1974 STATE
CLEAN WATER BOND ISSUE (PROPOSITION 2) AND URGING THE ACTIVE SUPPORT AND
ADOPTION BY THE ELECTORATE OF SUCH BONDS TO AUTHORIZE $250,000,000 IN STATE
GRANTS ASSISTING LOCAL AGENCIES CONSTRUCTION OF WATER QUALITY MANAGEMENT,
SEWERAGE AND RECLAMATION FACILITIES.
PASSED AND ADOPTED this 6th day of May, 1974, by the following vote:
AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, STOUT, and GOODRICH.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: SILVA
The following informational correspondence was noted with no separate
discussion on same:
Minutes of Santa Clara County Planning Policy Committee Meeting of
Marh 28, 1974;
Minutes of Santa Clara County Airport Land Use Commission Meeting
of March 28, 1974;
Mini Minutes of the Santa Clara County Airport Land Commission and
Planning Pol icy Committee Meetings of April 25, 1974;
H.U.D. in re: to Tax Exempt Municipal Bonds;
BASSA in re: to Sewerage Treatment Plant Shutdowns during Labor
Disputes;
Minutes of the Santa Clara County Transportation Commission Special
Meeting of March 28, 1974;
Mini Minutes of the Santa Clara County Transportation Commission
Regular Meeting of April 10, 1974;
Senator Clark L. Bradley Opposing SB 1786 Prohibiting Business License
Taxes on Businesses located outside of City Limits; and
Stone and Youngberg Municipal Financing Letter, No. 47, April 30, 1974.
The Report of the Planning Commission Meeting of April 28, 1974, was
noted and further explained by Planning Assistant Lefaver.
Motion was made by Councilman Duffin seconded by Councilman Stout
and carried that the Plans of Mira Loma as modified and presented be approved.
3570
Energy Insula- A Report on Energy Insulation Standards was noted and further
tion Stand- explained by Planning Assistant Lefaver. Discussion was had in regard
ards to same. The Mayor appointed Councilmen Hughan and DeBell to review
and study said standards and present a recommendation on same to Council
at the next regular meeting of May 20, 1974.
Plan. Com.
Report
5/2/74
Res.#1801
P & R Com.
Minutes
4/16174
Wheeler Aud.
Renta 1 Fees
Lib. & Cult.
Com.Minutes
Monthly
Report
D i sbu rse-
ments
Budget
Amend.
Gilroy Ambu-
lance Rates
Res. #1802
Motion was made by Councilman Hughan seconded by Councilman
Duffin that the reading of Resolution No. 1801 be waived and that it
be adopted approving the Planned Unit Development for property located
at 1221 to 1271 Juniper Drive and 1340 First Street containing 4.5 acres;
thus rescinding Council IS Resolution No. 1753.
RESOLUTION NO. 1801
.....
A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY RESCINDING RESOLUTION
NO. 1753 FOR A PLANNED UNIT DEVELOPMENT PERMIT.
PASSED AND ADOPTED this 6th day of May, 1974, by the following vote:
AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, STOUT and
GOODRICH
COUNCIL MEMBERS: None
COUNCIL MEMBER: SILVA
.........
NOES:
ABSENT:
The Minutes of the Parks and Recreation Commission Meeting of
April 16, 1974, were noted.
A presentation of the Master Plan for Eastside Park by Architects,
Kimura & Garfinkle was heard. Discussion was had in regard to the
absence of parking within said Master Plan. Council recommended that
additional study be given for provision of a minimum of 30 parking spaces
for said proposed plan.
A Report on the revision of Wheeler Auditorium Rental Fees was noted
and further explained by Director of Parks & Recreation Ayer. Co~cilman
Stout requested further information in regard to the present expenses and
revenues of Wheeler Auditorium to justify the request for increa~e in the
rental fees. Director ofp~arks & Rec. Ayer noted that he would hqve said
information for Council review at the next regular Council Meeting of ---
May 20, 1974. '
The Library and Culture Commission Minutes of the April 2, 1~74,
meeting were noted. City Administrator Protempore noted the 5th Annual
Art Show & Pop Concert at Miller Park is scheduled for May 12, 1974.
The Summary of the Monthly Reports of March, 1974, were noteq.
The Report of Disbursements from April 1, 1974, through April
30, 1974, were noted and discussed.
A request for an expenditure Budget Amendment for Las Animas
Park Donations in the amount of $1,600 was noted. Motion was made by
Councilman Pate seconded by Councilman Hughan and carried that the
1973-74 Budget be amended in the amount of $1,600 for Las Animas Park
Donations.
A request from the Gilroy Ambulance Service for various rate
increases was noted. Mr. Holdaway, owner, addressed the Council and
further explained his request for said rate increases. Discussion was
had by Council. Motion was made by Counci lman Stout seconded by Coun-
cilman DeBell that the reading of Resolution No. 1802 Increasing the
present ambulance rates be waived and that it be adopted.
--
"",,-,~
RESOLUTION NO. 1802
A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING A
MAXIMUM RATE SCHEDULE TO BE CHARGED BY AMBULANCE OPERATORS WITHIN THE
CITY OF GILROY.
PASSED AND ADOPTED this 6th day of May, 1974, by the following vote:
AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, STOUT and
GOODRICH
COUNCIL MEMBERS: None
COUNCIL MEMBERS: SILVA
NOES:
ABSENT:
Water Line
Easement
E . F i 1 i ce
ERME
--
.....
Sr. Citizens'
Center-1st
Baptist
Church Prop.
Las Animas
Park
__ ESO
3571
A request from Mr. Ernest Filice for a single domestic water service
in exchange for a water line easement was noted. Mr. Ernest Filice addressed
the Council and further explained same. Motion was made by Councilman Stout
seconded by Councilman DeBell and carried that the request for one single
domestic water service to Mr. Ernest Fil ice be approved in exchange for a
water line easement for the Gavilan College line that wi 11 crosS the full
length along the north boundary of Mr. Fil ice's property.
The Mayor noted that no discussion was necessary in regard to ERME
as to the publ ic hearing for same was previously contin~ed to May 20, 1974.
The Mayor appointed the following Committee to study the School
District's proposal to levy fees upon residential development within City
and County: Council Representatives: Councilmen Stout, Pate and DeBell;
Planning Commission Representatives: White, Chiesa and Zizzo.
The Mayor reported on the Council Advisory Committee in regard to
the First Baptist Church property proposed for a Senior Citizens Center.
He noted that he just received the following written offer from the Church
property in the amount of $85,000 with the stipulation that $2,000 be the
initial payment and the balance payable upon receipt of the keys to the
building. He further noted that the Church had agreed to pay the Title
Insurance Policy Fees. He stated that the Council Advisory Committee
had recommended that the City accept the offer from the Church for said
property. Discussion was had on the matter. Councilman Stout requested
that the City determi~e the cost to the City to rehabil itate said building
in order to bring same up to Code standards prior to accepting said offer
from the First Baptist Church. The Mayor noted that said cost would be
determined and considered at the next regular Counci.l Meeting of May 20, 1974.
The Mayor presented a letter from HUD in regard to the Las Animas
Park Project and noted that the final Grant payment would be in the amount
of $15,857.00.
The Mayor presented a letter from Rusty Hammer, ICC Delegate to
ESO and Vice Mayor of the City of Campbell requesting Council endorsement
to urge continuance of Economic and Social Opportunities, Inc. and funding
for same. Council took no action on this matter.
CS Zone The Mayor announced that there would be a hearing before the Board
of Supervisors on May 8, 1974, at 9:45 a.m., in regard to CS Zone.
Liprary Bldg. Councilman DeBell suggested that Council's previous action in regard
to deletion of the dimmers in the Library Building be reconsidered. Motion
was made by Councilman DeBell seconded by Counci Iman Stout and carried
that said matter be reconsidered and recommended that the dimmers for the
Library Building remain in the contract for said building in the amount
of $117, and that said item be removed from the change order approved by
Council at the April 30, 1974, Adjourned Study Session.
VFW Parade
......
...
Tax Rate
Adjournment
A request of the John A. Berri Post, Veterans of Foreign Wars, for
permission to conduct a parade on May 27, 1974, starting in front of the
100F Cemetery down Hecker Pass Highway (First Street) to the St. Mary's
Cemetery waS noted. Motion was made by Councilman Hughan seconded by
Councilman Pate and carried that the request of the John A. Berri Post,
Veterans of Foreign Wars to conduct a parade on May 27, 1974, be granted.
City Administrator Protempore Reinsch noted that he had received
notice from the State Department of Finance regarding SB 90. The City can
raise their tax rate 10~ in addition to the 8~ from last year for a total
of 18~ based upon an estimated assessed valuation for 1974-75 of $41,000,000.
Council will review in detail during budget sessions and establishment of
the tax rate in August.
At 11:33 p.m., the Mayor adjourned the meeting.,
Respect~}lIIY sUbmit$t~d' ,
, /
J ,.',-
C]/U:Jti'1mLI . , JCt'mL,
City C erk