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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