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Minutes 1968/10/21 C) Q (l2 -- uO Roll Ca 11 Introduction new employee I I October 21, 1968 G i 1 roy, Ca 11 forn i a The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:00 p.m. Pfesent: Council Members: John E. Allemand, George T. Duf- fin, Mark E. Kennedy, Anthony C. Silva, Everett C. Wentworth, and Norman B. Goodrich. Absent: Council Member: Charles F. Quartirol i. - The Mayor introduced new employee Billy J. Clem, Building I nspec tor. .... Intro. S.J. State The Mayor introduced Mr. -Douglas Eveleth, Parks and Recrea- CoUege Intern tion Intern from San Jose State College. Minutes Pub. Hear.re: Stamps re- zoning Pub. Hear. re: G.White re- zoning Pub. Hear. re: Jordan Fence Var i ance The Minutes of the Regular Meeting of October 7, 1968 were approved as mailed and recorded. , The Mayor s ta tea tha tit was the time and place schedu 1 ed for a Public Hearing on the proposed rezoning of property belonging to W. T. Stamps at the southeast corner of Ronan Avenue and Church Street from R-l "Single Family Residence District'l to R-3 'ILow Density Multiple Residence District. He 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. Director of Publ ic Works Henry further explained the proposed rezoning. Motion was made by Councilman Kennedy seconded by Councilman Wentworth and carried that the Publ ic Hearing be closed. The City Attorney pre- sented and read a proposed ordinance rezoning said property. Motion was made by Councilman Wentworth seconded by Councilman Silva and carried that the proposed ordinance be introduced and publ ished by title and summary. ,/11IM'..... ....... The Mayor stated that it was the time and place scheduled on the proposed rezoning'of property belonging to George WHite at 159 Ra'ilroad Street from C-@l"General Commercial District'l to M-2 "Light Industrial District'l. He 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. Director of Public Works Henry explained the proposed rezoning. Motion was made by Council~ man Duffin seconded by Councilman Kennedy and carried that the Pub- lic Hearing be closed. The City Attorney presented and read the proposed ordinance rezoning said property. Motion was made by Councilman Kennedy seconded by Councilman Silva and carried that the proposed ordinance be introduced and publ ished by title and summary. The-Mayor stated that it was the time and place scheduled' for a Public Hearing on the reqUest of Mr. & Mrs. James A. Jordan for a Fence Variance at 30 lawrence Drive. A letter from Mr. E. E. Guinn in support of said proposal was presented. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Mrs. Jim Dorland, 25 Lawrence Drive, Gilroy, addressed the Council and referred to a petition filed with the City Clerk' in regard to said Fence Variance request. The City Clerk read said Petition opposing said fence variance. Motion was made by Council- man Duffin seconded by Councilman Allemand and carried that the Public Hearing be closed. Discussion was had in regard to said fence variance request. Motion was made by Councilman Wentworth seconded by Councilman Silva and carried that the fence variance request of Mr. & Mrs. James A. Jordan at 30 Lawrence Drive be denied. ........, ......... Peti tion re: "Thomas- Mesa Annex." 68-1 Res. #1289 Pub. Hear. ~""-,,,,,, --,,~., Plan. Com. 10/17/68 -~"'I .. Lib. & CuI t. Com. Repor t 10/1/68 P & R Com. Report 10/15/68 2863 A Petition from several property owners requesting annexa- tion of Uninhabited Territory to be known as "Thomas Mesa Annexa- tion 68-1 to the City of Gilroy" was presented. City Administrator Wood explained said proposed annexation. The City Attorney pre- sented and explained Resolution No. 1289 setting a Publ ic Hearing date of December 2, 1968 for said proposed annexation. Motion was made by Councilman Duffin seconded by Councilman Wentworth that the reading of Resolution No. 1289 be waived and that it be adopted. RESOLUTION NO. 1289 RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO CITY OF GILROY OF UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED IITHOMAS- MESA ANNEXATION 68-1 TO THE CITY OF GILROYII AND GIVING NOTICE OF TIME AND PLACE FOR HEARING OF PROTESTS THERETO. PASSED AND ADOPTED this 21st day of October, 1968, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: Allemand, Duffin, Kennedy, Silva, Went- worth, and Goodrich. COUNCIL MEMBERS: None COUNCIL MEMBER: Quartirol i Report Secretary of the Planning Commission Henry presented and explained the report of the Planning Commission Meeting of October 17, 1968, recommending a Zoning Ordinance amendment to require a Conditional Use Permit for dwell ing units in a multiple dwelling which contain 4 or more bedrooms or appear to be designed for occu- pancy by 8 or more persons per unit; noted Commissions' study of a proposed Planned Unit Development ordinance to be presented in draft form to the Commission at their November 21, 1968 meeting. City Administrator Wood explained the minutes of the Lib- rary & Culture Commission Meeting of October 1,1968. Director of Parks & Recreation Ayer presented and explained the Report of the Parks and Recreation Commission Meeting of October 15, 1968 noting adoption of a Trophy Policy specifically that Adult Awards will be paid for from entry fees and Youth Awards will be paid for from the budget; noted postponement of the Teen Program due to lack of leadership personnel; noted proposed Boxing Program; noted proposed Youth Concerts to be held at Gavilan Colege sche- duled by the Cultural Commission, the School District and Gavilan College; and noted the proposal to amend the Development Plan for Christmas Hill Park. Monthly Reports The Monthly Reports of September, 1968 were noted and Sept. '68 discussed. Disbursements The Report of Disbursements from September 11, 1968 to October 10, 1968 were noted. Salary Increases City Administrator Wood presented a request for Salary merit increases for Robert Wilson, Pol ice Patrolman, Range 29 from Step "All $696.00 to Step liB" $731.00 and J. R. Miller, Poundmaster Range 21.5 from Step "D" $560.00 to Step liE" $587.00 Motion was made by Councilman Kennedy seconded by Councilman Wentworth and carried that the salary merit increases for Robert Wilson and John Miller be approved as presented to become effective November 1, 1968. ..;~."*' Bid Ad re: City Lands City Administrator Wood presented a request to advertise for bids in regard to three parcels of excess City land. Motion was made by Councilman Allemand seconded by Councilman Wentworth and carried that the proposed advertisement for bids on three par- cels of City owned lands be published as presented call ing for bids on November 18, 1968. :18~n 4 - l...) ..~ Prop. #5 re: Gen. Elec. Surplus Fire Alarm Boxes Rel inquishment of Old Gil- roy S t. Strenthening of Penal Code re: Assaults upon Pub.Safety Officers Facil ity Use Permit Fee Schedule Bids re: Po 1 i ce Veh i - cles Pub. Hear. date re:Condition- al Use Per- m it Amendmen t Ord.#829 re: Pre-Zoning Ord. #820 re:Spl. Zone Exceptions City Administrator Wood presented a report in regard to Proposition #5 on the General Election Ballot, November 5, 1968. Council took no action on a previous request of Californians for Modern Hospitals in regard to said proposition. City Admin6trator Wood presented a Request from the Fire Chief to sell surplus and outdated fire alarm boxes. Council con- curred with said request. City Administrator Wood noted a Notice from the State Divi- sion of Highways of their intention to rel inquish Old Gilroy Street between Railroad Street and Monterey Highway. .. """'" A Report from the Chief of Pol ice in regard to a recent request of the City of Tehachapi Urging Support to Strengthen the Penal Code Provisions in regard to Assaults upon Publ ic Safety Offi- cers was presented. Motion was made by Councilman Allemand seconded by Councilman Wentworth and carried that Staff be instructed to notify the City of Tehachapi that the City is in accord with said request subject to the Chief of Pol ice's recommendation. Director of Parks & Recreation Ayer presented a revised Facil ity Use Permit Fee Schedule and explained same. Motion was made by Councilman Wentworth seconded by Councilman Duffin and car- ried that the revised Facility Use Permit Fee Schedule be adopted as presented. Purchasing Agent Reinsch presented and explained proposed specifications for pol ice vehicles and requested authorization to call for bids for same. Motion was made by Councilman Duffin seconded by Councilman Silva and carried that the specifications for pol ice vehicles as presented be approved and that authorization be given to call for bids for same. - ... The City Attorney noted the necessity for a Council Publ ic Hearing on the proposal recommended by the Planning Commission re- garding a Conditional Use Permit Amendment to the Zoning Ordinance. Motion was made by Councilman Duffin seconded by Councilman Went- worth and carried that a Public Hearing date of November 4, 1968 be set for said Zoning Ordinance proposed amendment in regard to Condi- tional Use Permits for dwell ing units in a multiple dwell ing which contain 4 or more bedrooms or appear to be designed for occupancy by 8 or more persons per unit. Ordinance No. 829 authorizing Pre-Zoning of Unincorporated Territory was presented and read by the City Attorney. Motion was made by Councilman Wentworth seconded by Councilman Allemand that Ordinance No. 829 be adopted. ORDINANCE NO. 829 ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 2 OF THE ZONING ORDINANCE SO AS TO AUTHORIZE PRE-ZONING OF UNINCORPORATED TERRITORY ADJOINING THE CITY. ... PASSED AND ADOPTED this 21st day of October, 1968, by the following vote: .... AYESt COUNCIL MEMBERS: Allemand, Duffin, Kennedy, Silva, Went- worth, and Goodrich. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: Quartiroli. The City Attorney presented and read Ordinance No. 830 re- garding Special Zoning Exceptions amending Section 49 of Zoning Ord- inance No. 711 providing an alternate to the immediate granting of rezoning. Motion was made by Councilman Kennedy seconded by Council- man Allemand that Ordinance No. 830 be adopted. .~.;'1't!. ....... Ord.#831 re: Underground Utilities ~ Ord.#832 re: Streaml ined or sem i-under ground sys. ........ Ord. #833 re: Consol ida- tion Animal Control Servo S.C.Co. .>'I(,,-,....-"!. l.iA~ 2865 ORDINANCE NO. 830 ORDINANCE OF THE CITY OF GILROY ADOPTING SECTION 49 OF THE ZONING ORDINANCE SO AS TO PROVIDE, AS AN ALTERNATIVE TO THE IMMEDIATE GRANTING OF REZONING, A PROVISION WHEREBY THE GRANTING OF REZONING 'WOULD BE CONIITIONED UPON DEVELOPMENT WITHIN A ONE YEAR PERIOD WITH RIGHT TO RE-APPLY FOR EXTENSIONS. PASSED AND ADOPTED this 21st day of October, 1968, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBER: Allemand, Duffin, Kennedy, worth, and Goodrich. None Quarti rol i S i 1 va, Wen t- The City Attorney presented and explained Ordinance No. 831 regarding Underground Utilities. Motion was made by Councilman Wentworth seconded by Councilman Allemand that the reading of Ordinance No. 831 be waived and that it be adopted. ORDIf'ANCE NO. 831 AN ORDINANCE OF THE CITY OF GILROY ESTABLISHING REGULATIONS AND PROCEDURES FOR THE REMOVAL OF OVERHEAD UTILITY FACILITIES AND THE INSTALLATION (OF UNDERGROUND FACILITIES IN UNDERGROUND UTILITY DIS- TRICTS. PASSED AND ADOPTED this 21st day of October, 1968, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBER: Allemand, Duffin, Kennedy, worth and Goodrich. None Quart i ro 1 i S i 1 va, Wen t- The City Attorney presented and explained Ordinance No. 832 regarding rescinding the City's regulations for "Streaml ined or semi-under ground system". Motion was made by Counci lman Wentworth seconded by Councilman Allemand that the reading of Ordinance No. 832 be waived and that it be adopted. ORDINANCE NO. 832 AN ORDINANCE OF THE CITY OF GILROY AMENDING SEC. 21.36-2 OF THE GILROY CITY CODE REQUIRING SUBDIVIDERS TO PLACE CERTAIN UTILITY LINES UNDERGROUND. PASSED AND ADOPTED this 21st day of October, 1968, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBER: Allemand, Duffin, Kennedy, worth, and Goodrich. None Quarti rol i S i 1 va, Wen t- Ordinance No. 833 consol idating the City Animal Control Services with the County of Santa Clara previously introduced and published by title and summary was presented for adoption. Motion was made by Councilman Kennedy seconded by Councilman Wentworth that the reading of Ordinance No. 833 be waived and that it be adopted. ORDINANCE NO. 833 AN ORDINANCE TO REPEAL SECTION 4.28 AND SECTIONS 4.30 to 4.61 INCLU- SIVE OF THE GILROY CITY CODE RELATING TO THE LICENSING OF DOGS AND THE IMPOUNDMENT OF ANIMALS~ AND TO PROVIDE THAT CHAPTER 3 OF TITLE 4 OF THE SANTA CLARA COUNTY ORDINANCE CODE AS THE SAME NOW EXISTS OR MAY HEREAFTER BE AMENDED, RELATING TO LICENSING AND ANIMAL AND RABIES CONTROL, SHALL APPLY IN THE CITY OF GILROY. PASSED AND ADOPTED this 21st day of October, 1968, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBER: Allemand, Duffin, Kennedy, worth, and Goodrich. None Quarti rol i Silva, Went- :1gg6 - a P.& R. Com. appintment J.V.Vasquez Calif. Home- owners Pub- 1 i ca t i on M i nu tes Exe.& Plan. Pol icy Com- mi ttee Meet- i ngs. Guadalupana Celebration 1218/68 Res. re: Sol id Was te D i s- posal Proposed Post Off ice Site Communication Principal- Las Animas School Res.re:S.F. Commuter Tax Traffic Survey Miller Ave. C. Wentworth , The Mayor presented the names of Mr. R. Gomer, Joe Chappa, Ronald Fitzgerald and John Vasquez for appointment of one to fill the unexpired term of Manuel Marquez, recently resigned. Mr. Joe Chappa addressed the Council and noted that he would not be el igible for said appointment. Council Members cast their vote for said appointment and the Mayor announced that Mr. John V. Vasquez received the majority of votes cast. Motion was made by Counci Iman Wentworth seconded by Councilman Allemand and carried that Mr. John V. Vasquez be appointed Parks & Recreation Commissioner to fill the unexpired term (1-1-72) of Mr. Manuel Marquez. A publication of September 1968 issue of "California Home- ownerll regarding Proposi tion #9 of the General Election Ballot, November 5, 1968 was noted. ..... .... The Minutes of the Planning Policy Committee of Santa Clara County Meeting of August 22, 1968 and the minutes of the Executive Committee of the Planning Policy Committee Meetings of 7-30-68 and 8-19-68 were noted. A request from the Sociedad Guadalupana De Gilroy was pre- sented for permission to conduct a Parade on December 8, 1968 cele- brating the Feast Day of Their Lady of Guadalupe. Motion was made by Councilman Allemand seconded by Councilman Silva and carried that the request for a Parade by The Sociedad Guadalupana De Gilroy be allowed. Discussion was had in regard to a Resolution of the Central Coastal Regional Water Quality Control Board regarding Solid Waste Disposal. Council requested study of same by the Council Sewer Committee (Wentworth, Quartiroli, and Silva) prior to action on same, and requested Staff to forward copies of said resolution to the Council Committee for study. - A letter from Congressman Gubser was noted in regard to the location of the proposed new Post Office site. City Adminis- trator Wood also presented a letter from Mr. McMillan, Post Master General's Assistant in regard to same. City Administrator Wood reported on the City's Meeting with General Services Agent of San Francisco in regard to same. Supervisor Sig Sanchez addressed the Council and suggested that the City further oppose the proposed Post Office site on Wren Avenue and to urge location of same in the down- town area. The Mayor appointed a Council Committee: Chairman Duffin, Silva and Kennedy to study the matter of locating the proposed new Post Office Building in the downtown area and attempt to locate a site for same which would be satisfactory to the Federal Government's specifications and mutually agreed upon by the City. Council also requested Staff to request the U. S. Post Office to defer further action in regard to the location of a new post office building until January 1, 1969 in order for Council to attempt to locate another site. ..... A letter from the Principal of Las Animas School was pre- sented in appreciation of the recent Gilroy Fire Department Demons- tration. Fire Chie f Brittain commented on same. .... A resolution from the City of Pinole protesting the San Francisco Commuter Tax was noted and filed. J ..... Councilman Wentworth inquired about Staff requesting a . Traffic Survey of Miller Avenue at First Street. in regard to sig~l- ization at said location. Director of Public Works Henry noted that he requested same of the State, however, to date has not received a reply, but noted that he would contact the State again in this regard. Councilman Wentworth noted that as of October 17, 1968 he was the second grandfather on the City Council. Resolution No. 1290 re: Com- p 1 e t ion-We 1- burn Ave. S t. Sewer Proj.68-5 - Fai lures: re: curb & gutter N.Hanna St. Dept. Pub. Wks. move to East Room Plan. Com. - Turf-S. Mont. St. S.J. State College Intern S.P.R.R. property 2867 Councilman Allemand noted that he would be absent from the next regular Council meeting of November 4, 1968. City Engineer Henry presented Resolution No. 1290 accept- ting completion of the Welburn Avenue Storm Sewer Project 1968-5 and directing the City Engineer to file a notice of acceptance of completion of same. Motion was made by Councilman Wentworth second- ed by Councilman Silva that Resolution No. 1290 be adopted. RESOLUTION NO. 1290 A RESOLUTION ACCEPTING COMPLETION AND DIRECTING ENGINEER TO FILE NOTICE OF ACCEPTANCE OF COMPLETION - WELBURN AVENUE STORM SEWER PROJECT 1968-5. PASSED AND ADOPTED this 21st day of October, 1968, by the following vote: AYES: COUNCIL MEMBERS: Allemand, Duffin, Kennedy, worth, and Goodrich. None Quart i ro 1 i. Si Iva, Went- NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBER: Councilman Duffin informed Staff of the failures in the rolled curb and gutter on North Hanna Street at Oak Court Park. Director of Publ ic Works Henry noted that he was aware of same and explained a proposed solution to said problem. Assistant City Administrator Reinsch informed Council of the Department of Publ ic Works moving their offices to the East Room of Wheeler Auditorium. The Mayor noted the presence of Planning Commissioner Childers. Director of Parks & Recreation Ayer noted installation of the turf on South Monterey Street between Eighth and Ninth Streets and noted the proposed plans at said location for tree planting. The Mayor commented on Mr. Doug Eveleth's Internship with the City. Councilman Silva reported on the unsightly condition of the Depot property specific~lly cans and debris. City Administrator Wood noted that he would contact the Southern Pacific Railroad Public Relations Agent in regard to same. GavilanCollege The Mayor noted the presence of Supervisor Sig Sanchez. frontage rd. Councilman Wentworth compl imented Supervisor Sanchez in regard to his efforts in the widening of the frontage road at Gavilan College. Supervisor Sanchez commented on the proposed extension of Santa Teresa Bvld. in the Gilroy area. Mr. Midge Chiesa commented on the proposed post office site. Reservoir Site City Administrator Wood reported on a meeting with the School Board in regard to a Reservoir Site. Council instructed Staff to proceed with the soils studies on site B-1, located upon lands of Fenton O'Connell, et al. ...., Prop.#9 re: Gen. Elec. Res. #1291 City Administrator Wood reported on discussions at the recent League of California Cities Annual Conference in Los Angeles in regard to Proposition No.9 and further commented on Proposition No.7. He noted that officials at said conference urged cities to extend their effo.rts in urging citizens to vote "no" on said Proposi- tion No.9. Resolution No. 1291 was presented in opposition to ~ Proposition No.9. Motion was made by Councilman Allemand seconded 2868 Centennial Edition Adjournment by Councilman Silva that Resolution No. 1291 be adopted, same being in oppo~ition to Proposition No.9 of the General Election Ballot, November 5, 1968. RESOLUTION NO. 1291 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY OFFICIALLY OPPOS- !~G PROPOSITION 9 ON STATEWIDE GENERAL ELECTION BALLOT, NOVEMBER 5, 1968. PASSED AND ADOPTED this 21st day of October, 1968 by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: Allemand, Duffin, Kennedy, worth, and Goodrich. COUNCIL MEMBERS: None COUNCIL MEMBER: Quartiroli Silva, Went- Council instructed the City Administrator to condense said resolu- tion as proposed by the League of California Citiesfur publ ication of same in the local newspaper. City Administrator Wood reported that the newspaper Cen- tennial Edition will include photographs of Council and City Staff and requested that individuals contact Eugene's Salon of Photogra- phy for photograph appointments for said publication. He noted that said photographs will be $3.00 per individual. At 10:50 p.m. the Mayor adjourned the meeting. Respectfully submitted, 4~U4,.,J G ,~L4 // City Clerk ;I