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Minutes 1969/07/07 2980 Roll Call M i nu te Approval Pub. Hear. re: Rezoning Re- quest of H. Wi lIard Pub. Hear. re: Prezoning re- quest of Hy Weisel Gilroy, California Ju 1 y 7, 1969 The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:04 p.m. Present: Council Members: Fred P. Batrez, George T. Duffin, Mark E. Kennedy, John E. Pate, Everett C. Wentworth and Norman B. Goodr i ch., Absent: Council Members: Anthony C. Silva. The Minutes of the Regular Meeting of June 16, 1969 we~e approved as mailed and recorded. The Mayor stated that it was the time and place for a public hearing on the rezoning request of Horace Willard to rezone approxi- mately 10 acres at the north side of Hecker Pass Highway and Morey Avenue from "R_PJ to IR-3" and "C_III. Director of Publ ic Works Henry briefed the Council on the matter noting the Planning Commis- sion's recommendation for acceptance of the IR-3" zoning and denial of the "C-l" zoning. The Mayor asked if there were any comments from anyone in the audience wishing to speak for or ,against the rezoning request. Horace Willard addressed the Council stating that he feels there is a need for more commercial property in the area; also stating that he has prospective tenants for commercial development of said property. Larry Willard addressed the Council in regard to the devel- opment of commercial zoning on the property submitted for rezoning. The Mayor thanked Messrs. Willard for their presentations. Motion was made by Counc~lman Kennedy seconded by Council- man Duffin and carried that the public hearing be closed. Discus- sion was had. Motion was made by Councilman Duffin seconded by Councilman Pate and carried by a 5 to 1 vote that the Council support the recommendation of the Planning Commission granting the IR-3" zoning and denying the "C-l" zoning. The Mayor stated that it was the time and place for a publ ic hearing on the request of Hy Weisel Communities to prezone approxi- mately.154 acres at the southwest corner of Monterey Highway and Fitzgerald Road to IIR_I", IIR_2", IR-3", IR-3X", and "C_PI. City Administrator Wood stated that he had a discussion with representa- tives of Hy Weisel Communities prior to the meeting regarding the possibility of continuing the public hearing to another meeting. The Mayor declared the public hearing open. The City Engi- neer reported on the Planning Commission's recommendation denying said prezoning, basically because of utility needs and public safety protect ion. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. -- - """"'- ..,,; r ..~ ,.."" 2981 Mr. Bill Clayton, executive vice-president of Hy Weisel Communities, addressed the Council and presented his company's rea- sons for the prezoning request and annexation of said property. Mr. Clayton then requested that all "R" districts as presented be mod if i ed and rezoned to "R-211, and the commerc i a 1 zon i ng area re- main as presented. Discussion was had. The City Attorney stated that there may be a technical problem in changing the "R_l" zoning to IR-2" in that it is not. allowable to go from a lower density to a higher density without re-publ ishing. iO;Ir--"'<iii Motion was made by Councilman Wentworth seconded by Council- man Batrez and carried that the prezoning request of Hy Weisel Com- munities be referred back to the Planning Commission and that the public hearing be continued to the regular Council meeting of Aug- ust 4, 1969. Proclamation re: The Mayor presented a proclmation urging public support New Postal of the new postal numbering system. Motion was made by Councilman Numbering Sys- Wentworth seconded by Councilman Duffin and carried that the pro- tem clamation be approved. Concession Stand/Restroom Operation-Bid of Baha Burg. P & R Commission Parks and Recreation Director Ayer reported on the Parks Meeting of and Recreation Commission Meeting of June 17, 1969, also reporting 6/17/69 on one (1) bid received from Baha Burgers for operation of the Con- cession Stand at Christmas Hill Park with the request for the fol- lowing two (2) changes in the agreement: 1. Amend Section Two of the Agreement regarding payment of utilities for the restroom; 2. Length of term of contract be extended from one (1) to two (2) years with the option of adding additional years to contract if operation is satisfactory. I t was noted that 15% of the gross re- ceipts are to go to the City. Motion was made by Councilman Duffin seconded b~ Councilman Wentworth, that the bid be accepted and the Agreement be approved. Discussion was had. The motion was with- drawn and new motion was made by Councilman Duffin seconded by Councilman Wentworth and carried that the agreement with Baha Bur- gers for operation of the Concession Stand be approved with the exception that the City shall pay for the water consumption at the Concession Stand/Restroom and Baha Burgers shall pay for the elec- tricity. ."foiiNi Pers. Commission Personnel Director Reinsch reported on the Personnel Comis- Meeting of sion meeting of June 26, 1969, noting the appointment of Robert 6/26/69 Ethridge to the Commission; noting request of an employee for a pub- lic hearing before the Commission regarding holiday procedure to be held July 10, 1969; noting adoption of new classification for Equipment Maintenance Man at Range 28.5 ($680-825/mo.) requesting Council action adopting said classification; noting abolishment of eligibility lists for Clerk-Typist and Util ity Man; noting recruit- ments for Planning Assistant, Clerk-Typist, and Utility Man. Motion was made by Councilman Duffin seconded by Councilman Wentworth and carried that the classification for Equipment Maint- enance Man at Range 28.5 ($680-825/mo.) be approved. Plan. Commission Director of Public Works-City Engineer Henry reported on the Meeting of Planning Commission meeting of June 19, 1969, noting continuation 6/19/69 of a publ ic hearing by the Council on a petition of W. R. Howson and ..."" D. L. Gardner to rezene 22.07 acres from "R-l" to "R_4IJ on future Santa Teresa Expressway south of Hecker Pass Highway, said hearing continued to July 17, 1969; noting continuation of a publ ic hearing to July 17, 1969, on petition of Larry Frisone to rezone property at 10 Wayland Lane from "C_111 to liP-OIl; noting public hearing on petition of Frank Evans to rezone approximately 37.0 acres at south- east corner of 10th and Rosanna Streets from "R_l" to uR_4" and ad- option of Resolution No. 438 recommending development of subject property under Section 49; noting public hearing held on petition of R. T. Green, Union Oil Co., to prezone the northeast corner of Whitehurst Avenue and Leavesley Road to "C_l"; noting public heartng on proposed sign ordinance, Sections 68.11 to 68.23 and Com- ~982 mission's approval of same. Motion was made by Councilman Pate seconded by Councilman Duffin and carried that a public hearing be held on July 21, 1969, on the request of Frank Evans to rezone 37.0 acres at the southeast corner of 10th and Rosanna Streets. Motion was made by Councilman Duffin seconded by Councilman Wentworth and carried that a publ ic hearing be held on July 21, 1969, on the request of R. T. Green, Union Oil Co., to prezone the northeast corner of Whitehurst Avenue and Leavesley Road to "C_PI. ~ Water Samples City Administrator Wood reported on seven (7) water samples taken by the Santa Clara County Health Department. Prop. Annex. Whitehurst 69- 1, F i tz- gerald 69-1, & Hecker Pass- Morey Ave. 69-1 Co. Communi- cat ions Agree. Acquisition of Lands from Hoey re: Golf Course Hazard Ja i 1 Fad 1 i ty Agree. re: Co. Prisoners S.C. Co. Flood Con t. Ord.#69-1 Sewer Gr;ant ..... re: City Administrator Wood reported on the following three (3) proposed annexations: 1. Fitzgerald Annexation 69-1; 2. Whitehurst Annexation 69-1; 3. Hecker Pass - Morey Avenue Annexation 69-1. Council deferred action on the Fitzgerald Annexation to August 4, 1969. Motion was made by Councilman Duffin seconded by Councilman Kennedy that the reading of an ordinance regarding the Whitehurst Annexation 69-1 (100%) be waived and that it be adopted. Council- man Duffin withdrew the motion and moved, seconded by Councilman Kennedy and carried, that the Ordinance annexing the Whitehurst property be presented at the next regular meeting of July 21, 1969, at which time the prezoning request of R. T. Green is submitted to Counci 1. City Administrator Wood requested the approval of the annual renewal of the County Communication Technical Services Agreement and authorization to execute same. Motion was made by Councilman Pate seconded by Councilman Wentworth and carried that the agree- ment be approved and the City Administrator be authorized to exe- cute same on behalf of the City. - ... City Administrator requested~ the approval of an agreement with Josephine S. and Edward J. Hoey regarding the acquisition of lands for the removal of a physical hazard at the 4th hole and authorization to execute said agreement. Motion was made by Coun- cilman Kennedy seconded by Councilman Duffin that the agreement be approved and the City Administrator be authorized to execute same on behalf of the City. City Administrator Wood requested approval of the revised Jail Facility Service Agreement with the County and authorization to execute same, noting that by using the County's present per diem rate, the annual revenue to the City can be increased from $12,000 to approximately $18,000. Motion was made by Councilman Wentworth seconded by Councilman Duffin that the agreement be approved and the City Administrator be authorized to execute same on behalf of the City. City Administrator Wood reported on the Santa Clara County Flood Control Ordinance No. 69-1, Upper and Lower Llagas Creek Project. Council referred the matter to the City Attorney to draw up an ordinance setting plan lines and limiting land use in areas subject to flooding. .. .' - " .... City Administrator Wood requested authorization to accept a Federal Grant on behalf of the City of Gilroy in the amount of $14,490 under the Sewage Treatment Plant Improvement Project No. WPC-CAL-408. Motion was made by Councilman Wentworth seconded by Councilman Kennedy and carried that the City Adminittrator be auth- orized to accept the grant on behalf of the City. ( Accrued Over- time 1968-69 F i s ca 1 Yr. k<'....,"'- ~983 City Administrator Wood. reported on accumulated overtime accrued during the 1968-69 fiscal year and requested that payment be made. Discussion was had. Fire Chief Brittain reported on the overtime hours accumula- ted by members of the Fire Department. Motion was made by Counci lman Pate seconded by Counci lman Wentworth and carried that the request for payment of said accrued overtime be made and approved the recommendation that employees be allowed the option of retaining a carry-over of twenty-four (24) hours accrued overtime or being paid fully for all overtime. City Administrator Wood presented a request of four employees to carry-over accumulated overtime from 1968-69 fo the 1969-70 fis- cal year. Discussion was had. Motion was made by Councilman Went- worth seconded by Councilman Duffin and carried that the request of Anthony Martin to carryover accumulated overtime into the cur- rent fiscal year for family illnesses be granted and denied the re- quests of Gerald Rivers, Vernon Naughton, and Merle Johnson. Purchase Agree. City Administrator Wood requested approval of and authoriza- for Northside tion to execute a Purchase Agreement for a one-acre parcel of land Pk. Proj. for the Northside Park Project regarding a parcel belonging to Mrs. Lola Tovar. Motion was made by Councilman Duffin seconded by Coun- cilman Wentworth and carried that the Purchase Agreement be approved and the City Administrator be authorized to execute same on behalf of the Ci ty. Municipal Code Agreement - ..,,;;iij Monthly Report Correction- May 19te Sidewalk and Curb & Gutter Imp.-Hecker Pa'ss Hwy Temp. sign re- quest-El Dor- ado Subdivi- sion U<-','.Aj ..... Req. for Pub. Hear. re: Weed Abate- ment Assess. ;" , , ~, City Administrator Wood requested approval of an Agreement for City Code Editing and Printing Service with the Municipal Code Corporation and authorization to execute same. Motion was made by Councilman Kennedy seconded by Councilman Pate and carried that the agreement with the Municipal Code Corporation be approved and the City Administrator be authorized to execute same on behalf of the City. City Administrator Wood noted a correction to the Auditor's Report on the May 1969 Monthly Report. Motion was made by Council- man Wentworth seconded by Councilman Pate and carried that the correction to the May 1969 Monthly Report be accepted and made part of the minutes. . Director of Publ ic Works Henry reported on Sidewalk and Curb and Gutter repairs in front of the I.O.O.F~ -Masons Cemetery and the Catholic Cemetery on Hecker Pass Highway; noting that the Cath- olic Church has agreed to proceed with the necessary improvements; however, the Masons have forwarded an agreement with the City in wh i ch the City agrees to have' the curbs, gutters and s i dewa 1 ks i n- stalled and be reimbursed over a 10 year period. Motion was made by Councilman Wentworth seconded by Councilman Pate and carried that the budget be amended in the amount of $5,600 (Acct. 33C2) and recommended that the City go out to bid on said improvements. Public Works Director Henry presented a request by Arbor Development Company for a permit to install temporary signs along Hecker Pass Highway directing travel to the El Dorado Subdivision. Motion was made by Councilman Wentworth seconded by Councilman Kennedy and carried that said request be approved. Fire Chief Brittain requested a Public Hearing for presenta- tion of his report and assessment on the abatement of weeds and refuse within the City. Motion was made by Councilman Pate seconded by Coun:: i lman Wentworth and carried that a Publ ic Hearing be set for July 21, 1969 to hear the report of the Fire Chief on Weed Abatement Assessment. C1984 Residual Parcels- City Administrator Wood reported that he has not had a re- Tenth St. ply from the County regarding residual parcels of land on Tenth Street. Access to Prop. Mr. M. J. Filice addressed the Council on behalf of his on 9th St.- brother, John M. Filice and Himself, in regard to the closing off M.J. Filice of Ninth Street and the problems of access to his property as a result of same; further stating that he feels his property has less commercial value now because of said problem. Mr. Filice requested the City to grant access rights from 10th Street to his property being leased by Cal-Can. Director of Publ ic Works Henry stated that the City does not have the right to grant access through Coun- ty property. Mr. Filice then requested the City to file for an en- corachment permit with the County for access from 10th Street to the subject property. ~ ..... Amendment of City Code re: Ilpersonne 111 Ord. #856 City Administrator Wood presented Ordinance No. 856 amending certain sections of Chapter 17 of the City Code entitled IIPersonnel Generall~1 in regard to salary and fringe benefits. Motion was made by Councilman Wentworth seconded by Councilman Kennedy and carried that the reading of Ordinance No. 856 be waived and that it be adopted. r ORDINANCE NO. 856 AN ORDINANCE OF THE CITY OF GILROY AMENDING CERT~N SECTIONS OF CHAPTER 17 OF THE GILROY CITY CODE ENTITLED "PERSONNEL GENERALL". PASSED AND ADOPTED this 7th day of July, 1969, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Pate, Went- worth, and Goodrich. None NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBER: Silva ~ Employee Classi- City Administrator presented Resolution No. 1370 Allocating fications & Various Employee Classifications to Appropriate Ranges and Certain Fringe Bene- Other Fringe Benefits. Motion was made by Councilman Pate secon'ded fits Res. # by Councilman Wentworth and carried that the reading of Resolution 1370 No. 1370 be waived and that it be adopted. ' .... ( . RESOLUTION NO. 1370 A RESOLUTION OF THE CITY OF GILROY ALLOCATING THE VARIOUS EMPLOYEE CLASSIFiCATIDNS .I~ THE CITY SERVICE TO APPROPRIATE RANGES AND CER- TAIN OTHER FRINGE BENEFITS. PASSED AND ADOPTED this 7th day of July, 1969, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Pate, Went- worth, and Goodrich None NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBER: Silva Sewage Standards Director of Public Works Henry reported on the sewage Stand- & Control Ord. ards and Control Ordinance previously published by title and sum- #857 mary requesting the addition of a provision for Septic Tank Pumpers; noting licensing and fees would be set by resolution at a later ... date. Motion was made by Councilman Wentworth seconded by Council- man Batrez and carried that the reading of Ordinance No. 857 be .... waived and that it be adopted with the addition of said provision as recommended by the City Attorney. ORDINAN~E NO. 857 AN ORDINANCE OF THE CITY OF GILROY ESTABLISHING SEWAGE STANDARDS AND CONTROL AND AMENDING OR REPEALING EXISTING SECTIONS OF THE GILROY CITY CODE IN CONFLICT THEREWITH. Amended Claim- Mrs. D. Lemos 1iPt,.,,,",, 2985 PASSED AND ADOPTED this 7th day of July, 1969, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Pate, Went- worth, and Goodrich None NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBER: Silva City Administrator Wood noted an amended claim from Mrs. Dorothy Lemos regarding auto damage to her car sustained in an automobile accident which occurred on March 29, 1969, involving a police car. Motion was made by Councilman Wentworth seconded by Counci lman Kennedy and carried that the claim be denied and the matter be referred to the City Attorney and the Insurance Carrier. Mini-Minu(es The Mini-Minutes of the Santa Clara County Planning Policy S.C. Co. Plan- Committee Meeting of June 26, 1969, were noted. ning Pol. Com. 6/26/69 Memo-S.C.Co.Pub. A Memo from the Santa Clara County Public Works Department Wks. Dept. regarding New Land Development Regulations; was noted. Newsletter-S.C. A Newsletter from the Santa Clara County Planning Department Co. Plan.Dept. for May-June 1969, was noted. Municipal Fin- ancial Cons., J. Barth ~ Co. Omnibus Crime Cont. & Safe Sts. Act ,f'r>"-~ "~,.",>oiil The Municipal Financial Consultant, dated 7/1/69, J. Barth & Co., was no ted. City Administrator Wood noted a request from the County for City contribution of Staff time for management and working teams in regard to the 1JOmn i'bus Cr ime Control and Safe Streets Act of 196~'. Council authorized Staff to participate in said program. Req. for Allot- Council filed a request from the Gilroy Chamber of Commerce ment Inc. by for an Annual Alottment Increase. C of C Library Grant App 1 i c. Resi'gnation of Plan. Com. D. E. Mal inoff A letter from Secretary Finch (H.E.W.) in regard to Gilroy's Library Grant Application was noted. Council noted the resignation of Planning Commissioner Don- ald Malinoff. Motion was made by Councilman Kennedy seconded by Councilman Wentworth and carried that the resignation of Donald Malinoff from the Planning ~ommission be accepted with regeets. The Mayor asked that names be submitted for'~ppointment to fill this vacancy at the next Council meeting. Extn. of Natural A letter from the Golf Course operator requesting the exten- Gas to Care- sion of natural gas service to the caretaker's house. Council re- taker's house ferred the matter to Staff. at Golf Course ~,,'!<iI Pub. Hear. re: Formation of S.C. Co. Tran- sit Dist. N. Church St. Extn. (Wood- worth Assoc.) Counc i 1 noted a' Mot i ce of a pub'l i c hecri ng i'n regard to publ ic needs and interest in the formation of a Santa Clara County Transit District. A letter from Woodworth Associates was noted requesting a feasibility study to extend North Church Street under an Improvement District Procedure. Courici 1 referred the matter to Staff. ,. .?986 Proclamation re: A letter from 'the American Legion, 135th District, Santa 50th Anniver- Clara County, was noted requesting issuance of a proclamation pro- sary of Am. claiming the month of August as American Legion 50th Anniversary Legion (13th Month. Motion was made by Councilman Pate seconded by Councilman Dist.) Kennedy and carried that the Mayor issue said proclmation. I. C. C. Meet. of 7/10/69 The Mayor requested that four reservations be made to the Inter-City Council Meeting of Thursday, July 10, 1969. New Building Code Councilman Duffin inquired as to the progress of the New Building Code. Staff reported that said Code would be ready for adoption at the next Council meeting of July 21, 1969. Junk Car Opera- tion at City Dump Councilman Duffin inquired as to the GilroyWrecker:s junk car operation at the city dump. The City Administrator stated that he would investigate same. Leadership Views Councilman Wentworth noted a letter from the Metropolitan Washington- Association of San Jose regarding the "Leadership Views Washington- 1969 Tour 1969" tour of Wash i ngton, D. C., reques t i ng that the City use the money budgeted for the League of California Cities Convention for the Washington trip in lieu of the convention, if so des,ired. Mo- tion was made by Councilman Wentworth seconded by Councilman Batrez requesting said option. The motion was defeated by a 4 to 2 vote. Motion was made by Councilman Duffin seconded by Councilman Pate that the Mayor be authorized to participate in the Washington tour at the expense of the City. The Mayor excused himself from dis- cussion and vote. Said motion was unanimously carried. Location of Drag Li ne at Sewer Farm City Administrator Wood reported the location of a drag line to clean the easterly ditch at the Sewer Farm. Al ternat i ves of Street number- tives ing under new tem. postal system Councilman Pate requested Staff to investigate the alterna- for numbering of streets under the new postal numbering sys- Ci ty BBQ- 7/26/69 Assistant City Administrator Reinsch reported that the Cjty Barbecue will be held on July 26, 1969. Councilmen expressed their desire to participate in preparations for said barbecue. The meeting was adjourned at 11:35 p.m. . /, /,. // /j '/il I--C (~/ \1f.._./ . /.[".t-.~ l..{' >~" _' ~ ,.#. <if ....""'l.-t' ...~. Deputy Ci ty Clerk!