Minutes 1968/02/05
1
:J70()
- 04:
Roll Call
In tro. new Emp.
Minutes
Pub.Hear. re:
"S" Zone re-
quirlB/T1ents
(Zon.Ord.
711)
Intro. Ord. re:_
IISII Zone
requirements
Bonanza pro-
posed Cele-
brat i on
Gilroy, California
February 5, 1968
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: John E. Allemand, George T.
Duff.in, Mark E. Kennedy1, Anthony C. Silva, Everett C. Wentworth,
and Norman B. Goodrich. and Charles F. Quartiroli.
The Mayor introduced Lee A. Eloff, Police Patrolman and
Randall P. Cry, Pol ice Cadet, recently appointed to their respec-
tive pos i ti ons.
The Minutes of the Regular Meeting of January 15, 1968 and
of the Special Meeting. of, January 29, 1968 were approved as mailed
and recorded.
The Mayor stated that it was the time and place scheduled
for the Continued Publ ic Hearing regarding proposal to revise the
"S" Zone Requirements and related provisions of the Zoning Ordinance.
He asked if there was anyone in the audience wishing to speak for
or against the proposed revisions. There was no comment from anyone
in the audience. Motion was made by Councilman Duffin seconded by
Councilman Allemand and carried that the Public Hearing be closed.
Council discussed the revisions as recommended by the Planning
Commission. Proposed changes in the proposed ordinance were further
discussed and recommended by City Administrator Wood. Planning
Commission Chairman Stephenson further clarified the proposed
amendments as recommended by the Planning Commission. Discussion I
was had. Motion was made by Councilman Wentworth seconded by
Councilman Allemand and carried that the proposed ordinance by
introduced as corrected and that same be published by title and
summary.
A letter from Gilroy Bonanza Celebration Committee was
presented requesting endoresemtn of same and use of Christmas Hill
Park Facilities for the Finale Barbecue and Concert on June 15 and 16
""""'"
Damage claim
re:B. Bowen
......
Rubbish Haul-
ing Permit
request
( J . G i me IIi)
Plan. Com.
Report
2/1/68
~"..,
.......
\
,.,.",.".
project#566
re:Flood
Control
........
/
2788
1968. Mrs. Lee Berta, member of said Committee, addressed the
Council and further explained the proposed Celebration in detail
Motion was made by Councilman Kennedy seconded by Councilman Silva
and carried that the request for said Gilroy Bonanza Celebration
Committee be accepted and that said Committee be recognized for
their efforts and that they be allowed use of Christmas Hill Park
Facilities for the Finale Barbecue and Concert.
A Damage Claim was presented from Mrs. Bessie Bowen in the
amount of $197.95. Motion was made by Councilman Wentworth seconded
by Councilman Duffin and carried that said claim be denied and
referred to the City Attorney arid local Insurance Carrier.
City Administrator Wood presented a letter request for a
Commercial and Industrial Rubbish Hauling Permit by Mr. John Gimell i
of John1s Disposal. Discussion was had regarding same. Motion was
made by Councilman Allemand seconded by Councilman Kennedy and car-
ried that said request be denied.
Secretary of the Planning Commission Henry presented the
Report of the Planning Commission Meeting of February 1, 1968 in-
forming the Council of action taken by the Commission regarding the
proposed development on the westerly side of Mesa Road near the
Gavilan College entrance, specifically requesting the County Plan-
ning Commission to deny said request because the area should be
annexed to the City before it is rezoned to the proposed usage or
should be rezoned concurrently with annexation and because the pro-
posed commercial zoning does not meet the planned use of the area.
Discussion was had on the matter. Mr. Stuart Fletcher, County
Planning Commissioner, addressed the Council and requested that
City Planning Commission Resolution No. 389 regarding their recom-
mendation to the County Planning Commission be presented and read.
City Attorney Jacobs reported that same has not been completed but
ordered by the City Planning Commission to incorporate their re-
quests as stated in the Planning Commission report to the Council.
Planning Commission Chairman, Stephenson, further clarified the
Rlanning Commission recommendation proposed for presentation to tre
County Planning Commission on said matter. Council concurred that
the Planning Commission1s recommendations be forwarded to the Santa
Clara County Planning Commission for their consideration.
The Planning Commission Report further informed the Council that
the request of Maciel Bros. for a City permit to operate a Wreck-
ing Yard at 1061 North Monterey Street had been tabled to the next
regular Commission Meeting in order for Staff to attempt to work
out a solution for said request as said type of operation or
business is not included as a use or conditional use in any of the
zoning districts within the Zoning Ordinance.
The Mayor deviated from the Agenda in order to accommodate
interested persons in the audience not scheduled for the Agenda.
City Administrator Wood noted that Mr. Raymond Gwinn,
Chairman of the Loma Prieta Water Shed Committee for Project No.
566 and Mr. Bill R. Bruner, Conservationist of U.S.D.A. Soil Con-
servation Service, were present in the audience requesting Council
adoption of a resolution regarding filing of an application with
the Secretary of Agriculture for obtaining approval and funding
for Improvement of the Upper and Lower Llagas Creek Watershed pro-
posed Projects. Mr. Bruner and Mr. Gwinn, respectively, addressed
the Council and explained said proposal requesting City support
and endorsement for filing of said a~plication and further requested
Council representation in Washimgton, D.C. if possible, to support
same when presented to Congress.
r
~.""'r-.4
:~'i 0
REs.#1225 re:
endorsement
Flood Control
Projects
Mayor auth.
to represent
City-Wash. ,
D.C.
Card Room
Lincense
Castlewood
Unit #5,
Final Sub.
Map
City Administrator Wood presented and read proposed
Resolution No. 1225. Motion was made by Councilman Allemand
seconded by Councilman Wentowrth that Resolution No. 1225 be
adopted.
RESOLUTION NO. 1225
RESOLUTION SUPPORTING EXECUTION OF THE WATERSHED WORK PLAN AGREE-
MENTS UNDER THE WATERSHED PROTECTION AND FLOOD PREVENTION ACT IN
THE MATTER OF INITIATING FLOOD CONTROL AND LAND CONSERVATION
MEASURES ON THE UPPER LLAGAS CREEK AND LOWER LLAGAS CREEK WATER-
SHEDS BY THE LOMA PRIETA SOIL CONSERVATION DISTRICT AND CO-SPONSORS,
THE SANTA CLARA COUNTY FLOOD CONTROL AND WATER DISTRICT, AND THE
SOUTH SANTA CLARA VALLEY WATER CONSERVATION DISTRICT.
PASSED AND ADOPTED this 5th day of February, 1968, by the fol.low-
ing vote:
AYES: COUNC I L MEMBERS:
.....
.....
NOES:
ABSENT:
Allemand, Duffin,
Silva, Wentworth,
None
None
"
Kennedy,Quartirol i,
and Goodrich.
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Motion was made by Councilman Wentworth seconded by
Councilman Allemand and carried that the Mayor be authorized to
fepresent the City in Washington, D.C. at the time same was pre-
sented to the Congressional Budget Committee.
..J
Mr. Bruner further addressed the Council and noted that
plans for the propssed projects were available for review at the
U.S.D.A. Soil Conservation Service Office in Morgan Hill.
City Administrator Wood presented a letter request from
Mr. Leon Welco, operator of Gilroy Bowl, 154 North Monterey Street,
Gilroy, for a Card Room.License at said location and noted that
same must be referred to the Chief of Police for recommendation
prior to action taken by Council. Motion was made by Councilman
Wentworth seconded by Councilman Duffin and carried that said
Card Room License request be referred to the Chief of Police for
study and report on same to the Council.
-
-'
Park City Administrator Wood noted that Mr. Michael J. Filice
was present in the audience requesting approval of the Final Sub-
division Plans proposed for Castlewood Park, Unit #5, Tract 4419
located in the vicinity of proposed Third Street Extension.
Secretary of the Planning Commission Henry noted that the Planning
Commission had approved the tentative map and proposed Final Map
which would be the elimination of one lot, total suodivision pro-
posed for 25 lots rather than 26 lots as submitted on the tenta-
tive map, and as shown on the Final Map presented at this time for
Council approval. City Administrator Wood presented and read the
proposed Development Agreement for said subdivision for Council,
approval. Same was discussed including the stipulations as set
forth in said Agreement. Motion was made by Councilman Wentworth
seconded by Councilman Kennedy and carried that the Final Map of
Castlewood Park, Unit #5, Tract 4419 be approved as presented.
Motion was made by Councilman Wentworth seconded by Councilman
Allemand and carried that Staff be authorized to execute the
Development Agreement as presented.
<..
,..
Water Samples City Administrator Wood presented a Report of satisfac-
tory Water Samples taken by the Santa Clara County Health Depart-
ment. Same was ordered filed. City Administrator Wood further
reported on the progress of testing scheduled for Well #1, pre-
sently non-operative.
Cigarette Tax
Claims
......
City Administrator Wood presented and exp!ained a Report
on Cigarette Tax Claims. Council instructed Staff to prepare a
blanket Resolution regarding filing of individual claims from
Retailers requesting a refund for payment of cigarette taxes to
the City during the latter part of October 1967. The Method of
2765
notification to local retailers for consideration of such claims
was also explained, i.e: publication in the local paper twice during
a ten day period. The City Attorney suggested that a 100 day time
limit 'for filing such claims, commence following the first publica-
tion of the Public Notice. Council concurred with said suggestion.
Bereavement
Leave & Sick
Leave Res.
#1226
City Administrator Wood presented a Report on Bereavement
Leave Benefits and discussed same, noting a survey of various
cities and their policy regarding said employee benefits. A pro-
posed resolution regarding said Bereavement Leave and Sick Leave
for City employees was presented for approval. Council discussed
same requesting that the proposed resolution be corrected to allow
said benefits if approved by the City Administrator, same not to
exceed five (5) days and charged against sick leave. Motion was
made by Councilman Wentworth seconded by Councilman Silva that
Resolution No. 1226 as amended be adopted.
"",.. /
...... I
RESOLUTION NO. 1226'
A RESOLUTION OF THE COUNCIL OF THE CITY OF GILR0Y, AMENDING SECTION
Vl-B AND ADDING SECTION Vl-K TO THE CITY OF GILROY PERSONNEL RULES
AND REGULATIONS.
PASSED AND ADOPTED this 5th day of February, 1968, by the following
vote:
AYES:
COUNCIL MEMBERS:
Allemand, Duffin,
Silva, Wentworth,
None
None
Kennedy, Quartiroli,
and Goodrich.
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Res.#1227 &
#1228 re:
Luchessa Ave.
Imp.Dist.67-2
City Administrator Wood presented and read Resolution No.
1227 Creating a Special Fund re: Luchessa Avenue Improvement Dis-
trict, Project 67-2. Motion was made by Councilman Wentworth
seconded by Councilman Duffin that Resolution No. 1227 be adopted.
",",""'I
RESOLUTION NO. 1227
........
A RESOLUTION CREATING A SPECIAL FUND TO BE KNOWN AS "CITY OF GILROY
LUCHESSA AVENUE IMPROVEMENT DISTRICT FUN~' - LUCHESSA AVENUE IM-
PROVEMENT DISTRICT PROJECT NO. 1967-2.
PASSED AND ADOPTED this 5th day of February, 1968, by the following
vote:
AYES:
COUNCIL MEMBERS:
Allemand, Duffin,
Silva, Wentworth,
None
None
Kennedy, Quartiroli,
and Goodrich.
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
City Administrator Wood presented and read Resolution No.
1228 Ordering Elimination of Certain Work and Reduction of Assess-
ment No.2 regarding Luchessa Avenue Improvement District 67-2,
noting that Crown-Zellerbach has e'lected to delete the cost of 1t:l!Je
spur tract within said Improvement District and submit the cost of
same to the City therefore requiring a reduction in Assessment No.
2. Motion was made by Councilman Allemand seconded by Councilman
Wentworth that Resolution No. 1228 be adopted.
RESOLUTION NO. 1228
-
A RESOLUTION ORDERING ELIMINATION OF CERTAIN WORK AND THE REDUC-
TION OF ASSESSMENT NO.2 - LUCHESSA AVENUE IMPROVEMENT DISTRICT
PROJECT NO. 1967-2.
PASSED AND ADOPTED this 5th day of February, 1968, by the following
vote:
AYES:
COUNCIL MEMBERS:
Allemand, Duffin,
Silva, Wentworth,
None
None
Kennedy, Quartiroli,
and Goodrich.
~
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Mid-Year Report A Mid-Year Report of the Police Department submitted by
re:Police Chief of Police Laizure was presented, and Chief Laizure was co~-
Dept. mended on same.
0'766
mended on same
Proposed Sewerage City Administrator Wood presented a Report on a proposed
Treat.Plant & Sewerage Treatment Plant and System Consultant recommending that
Sys.Consul- an Agreement with Mr. Miguel Martin for his services for said Con-
tant sultant be executed. City Administrator Wood explained the con-,
tents of said Agreement. Discussion was had on said matter and G !
Council concurred with the $140.00 per month fees but opposed the
$l,d<lLtJ oo~J$ 50;.:QO t,ljeY!;}J~ €lD~ jl1~i ReEl:ti31 ~~P9n,~~r~; p ! ~.!:tMt8dm i n i s trat-
or Wood noted that $140.00 was the maximum fee that Mr. Martin
could earn and still receive his Social Security Benefits. Council ---
tabled action on execution of said Agreement requesting Staff to
attempt to negotiate with Mr. Martin on a $140.00 per month fee ',,-
basis wimh reduced hours proposed for his services as Sewerage
Treatment Plant & System Consultant for the City.
General Fund
Project
Report
City Administrator Wood presented a Report on the status
of General Fund Projects in regard to said funds necessary for
City.s share of the proposed Forest Street Improvement Project.
Motion was made by Councilman Wentworth seconded by Councilman
Silva and carried that Staff transfer monies from the General Fund
received from the Elks Organization for purchase of City property
for the proposed Elks' Lodge new buildrnng site, to the C~pital
O.!:!:tlay Recreation Fund. It was noted that said amount of this
transaction was approximately $25,000.00. Council also authooized
the $17,500.00 received from the Salvation Army for South Monterey
Street City property to be deposited in the General Fund.
S. Chestnut St. City Administrator Wood Reported on the South Chestnut St.
Imp.Proj.re: Improvement Project 67-1 noting that a property owner has requested
extension of extension of same for access to Baines Lane without crossing the
same railroad tracks in connection with'a Warehouse Operation. City
Administrator Wood recommended that said Southerly Extension of
Chestnut Street be considered in the next Fiscal Budget Year (6e-69).
G i 1 roy Med.
Cen ter Dev.
Agreement
M.H.-Gilroy
Boundary
Agree.
~
....
City Administrator Wood reported on the Development Agree-
ment prpposed for the Gilroy Medical Center located on the south-
west corner of Princevalle and Sixth Streets. He noted that said
Agreement includes the collection of only a portion of off-site
fees because the entire property would not be developed at this
time and that fees for same be deferred until the entire property
is developed, same being a stipulation of said Agr~ement with a
Bond requirement to insure the City of development of all the
street work, for the entire property at a future date. He further
noted that Total Fees for the entire development to be $8,258.06,
and that $4,492.25 would be required at this time. He also noted
that said Agreement provides for fees to reconstruct one-half (~)
of the street as provided in the City's development requirements.
He also noted that the City.s development fees do not provide for
a reduction for corner lots, such as proposed for said Medical
Center and recommended that a 10% reduction in front foot charges
be allowed in this instance and an amendment be approved to the
City.s Development Policy Resolution to allow a 10% reduction for
future devlopment of corner lots. Council agreed that if fees are
to be reduced in this proposal that the City1s Policy Resolut ion
regarding same should be amended as recommended. Motion was made
by Councilman Wentworth seconded by Councilman Duffin and carried
that Staff be authroized to execute the Development Agreement for
the Gilroy Medical Center as presented.
/IIIII!
......
It was noted that the Resolution regarding Sick Leave
and Emergency Leave for City Employees was adopted at the tfume;,tpe,-
Report on Bereavement Leave by the City Administrator was presented
earlier in the Agenda.
City Administrator Wood and City Attorney Jacobs reported
on the Amendment proposed to the Morgan Hill-Gilroy Boundary Agree-
ment for presentation and approval by Morgan Hill City Council.
The City Attorney presented and read Resolution No. 1229 amending
Res.#1229
Boundary
Agree.
r-'"
l.....
Minutes re:
Co. Trans.
Policy Com.
Meet.
'68 Easter
Seal Cam-
paign
G i r 1 S cou t
Cookie Sale
","' .""
, w...-
Nat'l. Brother
hood Week
Gilroy Cable TV
sale of
F r i n ge TV
Servo
2767
said Agreement. Motion was made by Councilman Wentworth seconded
by Councilman Kennedy that Resolution No. 1229 be adopted.
RESOLUTION NO. 1229
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY, CALIFORNIA,
AUTHORIZING EXEOUTION OF AN AGREEMENT BETWEEN SAID CITY AND THE
CITY OF MORGAN HILL RESPECTING FUTURE ANNEXATIONS BY EACH CITY.
PASSED AND ADOPTED this 5th day of February, 19a8, by the following
vote:
AYES:
COUNCIL MEMBERS:
Allemand, Duffin,
Silva, Wentworth,
None
None
Kennedy, Quartiroli,
and Goodrich.
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
The Minutes of the County Transportation Policy Committee
Meeting of December 13, 1967 were noted.
A letter from the Society of Crippled Children and Adults
was presented requesting a Proclamation regarding the 1968 Easter
Seal Campaign. Motion was made by Councilman Quartiroli seconded
by Councilman Silva and carried that the Mayor be authorized to
proclaim 1968 Easter Seal Campaign as requested.
City Administrator Wood presented a letter from the Girl
Scouts. Council requesting permission to conduct their annual
Cookie Sale March 1-11, 1968. Motion was made by Councilman
Quartiroli seconded by Councilman Silva and carried that the
request of the Girl Scouts be approved.
City Administrator Wood presented a letter from the
National Conference of Christians and Jews requesting a Proclama-
tion for National Brotherhood Week. Motion was made by Councilman
Quartiroli seconded by Councilman Silva and carried tret the Mayor
be authorized to Proclaim National Brotherhood Week as requested.
City Administrator Wood presented a letter from Gilroy
Cable TV informing the Council of the sale of their local business
"Fringe TV Service" to Mr. Michael L. Si lacci, 37 South Del Monte
Avenue, Morgan Hill, in accord with Cable TV Franchise Ordinance
No. 759.
Camp Fire Girls City Administrator Wood presented a letter from the Camp
Candy Sale Fire Girls', requesting a permit for their annual local Candy Sale
February 1-22, 1968. Motion was made by Councilman Kennedy seconded
by Councilman Quartiroli and carried that the request of the Camp
Fire Girls' be approved.
Darl ing Valve
re:Water Pres-
surization
Project
t
~. '.
Gilroy Garbage
Name Change &
Inc. thereof
Program Status
re:S.C.Co.
Housing Auth.
City Administrator Wood presented a letter from the Daning
Valve Manufacturing Company in regard to a three to four week
delay of the Butterfly Valves (for use in City's Water Pressuriza-
tion Project) due to employee Strike at Philadelphia Gear Corp.,
and noting that delivery of same is anticipated for mid or latter
part of April 1968.
City Administrator Wood presented a letter from Attorney,
Francis N. Crawford, in regard to Incorporation of the Gilroy
Garbage Company with a name change to "South Valley Refuse Disposal,
Inc.". Council concurred with said incorporation and name change
and requested that same be attached to the City's Garbage Agreement.
A letter from the Santa Clara County Housing Authority in
regard to Program Status was presented for informational purposed
on 1 y.
r'
(~768
Plan.Policy
Com. Meet.
Mobile Trai ler
relocation
at Golf
Crse.
St. Reti reo
Program
Lib.&Culture
Com. -Counc i 1
Jt. Meet.
Jt. Chamber of
Com. -Counc i 1
study meet.
Invitation to
School Dist.
re:General
Plan Study
Magne tic
meters
1st & Church
St.signali-
zat i on proj.
Plan. Com. Rep.
General Plan
re:ABAG
So.Co.Airport
proposal
Meet.
Adjourn
Councilman Kennedy noted that he and Planning Commissioner
Childers recently attended the Planning Policy Committee Meeting
representing the City.
Councilman Kennedy reported that Golf Course Operator,
Vernon Brown Pro, has requested ~uthorization to relocate the
mobile trailer at the Golf Course to City property on Burchell Road
to be used as a permanent structure for the care-taker's residence
as a means to prevent further vandalism at the Golf Course property.
It was noted that the City's regulations prohibit permanent loca-
tion of a mobile home at any location within the City other than a
Mobile Trailer Park. Said matter was referred to Staff to attempt
to determine if same could be relocated on a temporary basis regard-
ing the vandalism problem.
~
......"".-
Assistant City Administrator Reinsch reported on progress
of the City's proposed State Retirement Program.
Councilman Allemand inquired of the date of the Joint
Council-Library & Culture Commission Meeting. It was noted that
said meeting was scheduled for the Commission1s regular meeting of
Tuesday, February 6, 1968 at 8:00 p.m.
City Administrator Wood reminded the Council of the sche-
duled Study Meeting of the Chamber of Commerce Board of Directors
and Council of Monday, February 12, 1968 at 8:00 p.m.
Councilman Quartiroli recommended that a formal letter
invitation be extended to the local School District for participa-
tion in the General Plan Study. Council concurred with said recom-
mendat i on.
-
flow Councilman Quartiroli requested Staff to investigate the
magnetic type flow meters for the sewer w~ant operation to prevent
clogging, and which will meter effluent accurately with solid
materials. Purchasing Agent Reinsch noted that he has reference
material on same from the suggested Fisher Porter Co.
....J
Director of Public Works Henry reported on the progress a
the signalization proposed for First and Church Streets, noting
that the controls have been shipped back to Los Angeles for cleaning.
The Mayor ntted the presence of Planning Commissioner
Representative, Eugene Martin.
City Administrator Wood noted that a letter will be for-
warded ABAG advising near completion of theGeneral Plan and pre-
sentation of completion of the Preliminary General Plan.
The Mayor noted a meeting regarding the proposal to locate
the South County Airport in San Martin, scheduled for February 9,
1968 at 12:00 noon at the Hecker Pass Inn, noting that Gilroy,
Morgan Hill, and San Martin Town Hall Association will be represent-
ed.
IIIlIl
I
I
.......
At 11:27 p.m. the Mayor adjourned the meeting.
Respectively submitted,
(V I/JtrU-t0 1;. !~;;::
City Clerk