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Minutes 1969/07/22 Roll Call r' l_ Minute Approval Res. #1371 Honor i ng Mr. Clarence Potter '~,.~.~ Cert. of Ser- vice-Retiring Plan. Com. D. Mal inoff Pub. Hear. re: Rezoning req. F. Evans-10th & Rosanna Sts. .......,/ 2987 July 22, 1969 Gilroy, CalIfornia The Regular Adjourned Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich. Present: Council Members: Fred P. Batrez, George T. Duf- f,in, John E. Pate, Anthony C. Si"lva, Everett C. Wentworth, and Norman B. Goodrich. Absent: Council Members~ Mark E. Kennedy. The Minutes of the Regular Meeting of July 7, 1969, were approved as mailed and recorded. The Mayor noted the presence of Mr. & Mrs. Gary Steinmetz and children, Jayne Sara and Jill Stacey. Mrs. Steinmetz thanked the Council for the honor of declaring themselves Honorary God- fathers to her twin daughters. The City Attorney read Resolution No. 1371 honoring the heroic actions of Mr. Clarence Potter. Motion was made by Council- man Wentworth seconded by Councilman Silva and carried that Resolu- tion No. 1371 be adopted. The Mayor presented said Resolution to Mr. Potter. RESOLUTION NO. 1371 A RESOLUTION OF THE COUNC I L OF THE C,I TY OF GILROY HONOR I NG THE HEROIC ACTIONS OF MR. CLARENCE POTTER. PASSED AND ADOPTED this 22nd day of July, 1969, by the following vote: AYES: NOES: COUNCIL MEMBERS: Batrez, Duffin, Pate, Silva, Wentworth and Goodrich. COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: Kennedy The Mayor presented a Certificate of Service to retiring Planning Commissioner Donald E. Mal inoff for his services to the City. The Mayor stated that it was the time and place for a publ ic hearing on the rezoning request of Frank Evans to rezone approxi- mately 37.0 acres at the southeast corner of Tenth 'and Rosanna Streets from IIR_111 to "R_411 for development of a mobile home park. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Mr. Frank Evans, representing the owners and developers of said property addressed the Council stating his reason for the IR-4" rezoning request is that it is the only zoning the City has permitting the development of a mobile home park; further stating that the project is to be developed in sections at a time, and requested Council not to put a one-year limitation on the development of said project. Mr. Evans also stated that the property owners are will ing to agree to an assess- ment district for the development of Tenth Street. Motion was made by Councilman Duffin seconded by Councilman Wentworth and carried that the Public Hearing be closed. Discussion was had. Motion was made by Councilman Duffin seconded by Council- man Silva and carried that the Council adopt the reIDmmendation of the Planning Commission recommending development of the subject pro- perty under Section 49 of the Zoning Ordinance~ Q9S8 Res. #1372 Spec. Zon- i ng Excep- tion Pub.Hear. re: Prezoning req. of R.T. Green Union Oi 1 Co., Whitehurst Ave. & Leaves- ley Intro. Ord. re: Whitehurst & Leavesley Prezoning The City Attorney presented Resolution No. 1372 granting a special zoning exception pursuant to Section 49 of the Zoning Ordi- nance. Motion was made by Councilman Wentworth seconded by Coun- cilman Pate and carried that the reading of Resolution 1372 be waived and that it ,be adopted. RESOLUTION NO. 1372 RESOLUTION OF THE CITY OF GILROY GRANTING A SPECIAL ZONING EXCEP- TION PURSUANT TO SECTION 49 OF THE ZONING ORDINANCE OF SAID CITY PERMITTING R4 (MEDIUM DENSITY MULTIPLE FAMILY RESIDENCE) DEVELOP- MENT OF A THIRTY-SEVEN ACRE PARCEL, MORE OR LESS, ON THE SOUTHWEST CORNER OF TENTH AND ROSANNA STREETS. PASSED AND ADOPTED this 22nd day of July, 1969, by the following vote: AYES: , ...,; COUNCIL MEMBERS: Batrez, Duffin, Pate, Silva, Wentworth, and Goodrich. None NOES: COUNCIL MEMBERS: ABS ENT: COUNCil MEMBER: Kennedy. The Mayor statedthat it was the time and place for a publ ic hearing on the prezoning request of R. T. Green, Union Oil Company representative, to prezone the northeast corner of Whitehurst Ave- nue and Leavesley Road to lie-III. The Mayor asked if there was, any,- one in the aud i ence wish i ng to speak for or aga ins t the proposa 1. Mr. Larry Barr, Union Oil Company representative, addressed the Council explaining that it was his company's desire to build a service station at that future freeway location. Mr. Charles Duncan, representing the owners of said property, addressed, the Council, noting that the sale of said property depend- ed on Council's approval of the "G._pl prezoning. Motion was made by Councilman Duffin seconded by Councilman Wentworth that the Pub- 1 ic Hearing be closed. ... The City Attorney presented and explained ~ proposed ordi- nance prezoning the northeast corner of Whitehurst Avenue and Leave- sley Road to "C_l", Neighborhood Commercial District. Motion was made by Councilman Wentworth seconded by Councilman Silva and car- ried that the reading of the proposed ordinance be waived and that it be publ ished by title and summary. ... Whitehurst 69-1 The City Attorney presented and explained Qrdinance No.858 Annex. Ord. annexing the territory known as "Whitehurst Annexation 69-1" to the #858 City of Gilroy, to become effective immediately. Motion was made by Councilman Pate seconded by Councilman Wentworth and carried that the reading of Ordinance No. 858 be waived and that it be ad- opted. Assessment of Weeds & Re- fuse-Res.# 1373 ORDINANCE NO. 858 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN INHABITED TERRITORY DESIGNATED AS "WHITEHURST ANNEXATION 69..1 TO THE CITY OF GILROY" AND FOR THE INCORPORATION OF SUCH ANNEXED TERRITORY IN AND AS A PART OF SUCH MUNICIPALITY FOR THE GOVERNMENT AND MUNICIPAL CONTROL THEREOF. PASSED AN.D ADOPTED this 22nd day of Ju 1 y ,1969, by the following ... vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Pate, Silva, Wentworth, ... and Goodrich. . NOES: ,. ,COUNC I L MEMBERS: None ABSENT: COUNC I L MEMBER: Kennedy Mayor Goodrich stated that it was the time and place for a public hearing on the Fire Chief's Report and Assessment of Weeds and Refuse within the City. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. It was moved by Councilman Wentworth seconded by Councilman Pate and carried that the public hearing be closed. Oiii,_ ,4 Junk Car Operations- City Dump Plan. Com. Meeting of 7-17-69 ~. ..... .... Pub. Hear. re: Rezoning req. Frisone 8-4-69 Pub. Hear. re: Rezoning re- quest of Keith Ha 11 Co. -Wren Ave. ~989 The City Attorney presented Resolution No. 1373 Confirming the Fire Chief's Report and Assessment of Weeds and Refuse within the City. Mot i on was made by Counc'i 1 man Pa te seconded by Counc i 1- man Wentworth and carried that the reading of Resolution No. 1373 be waived and that it be adopted. RESOLUTION NO. 1373 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CONFIRMING THE REPORT OF THE CHIEF OF THE FIRE DEPARTMENT SETTING FORTH THE DE- SCRIPTION OF PROPERTY, THE OWNERS THEREOF, AND THE COST OF ABATING THE NUISANCE CAUSED BY THE GROWING OF WE~S AND ACCUMULATION OF REFUSE IN THE CITY OF GILROY, AND PROVIDING THAT SUCH COSTS SHALL CONSTITUTE SPECIAL ASSESSMENTS AGAINST THE RESPECTIVE OWNERS OF LAN D . PASSED AND ADOPTED this 22nd day of July, 1969, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Pate, Silva, Wentworth, and Goodrich. None NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Kennedy Mr. Frank Robinson of A-I Auto Wrecking, addressed the Coun- cil in regard to the junk car operation at the City Dump. City Ad- ministrator Wood explained the situation regarding the removal of junk autos to the dump. Discussion was had regarding the removal of wrecked autos from the City and outlying areas to the dump and the selling of parts from said autos. It was decided to continue the discussion to the meeting of August 4th so that Mr. Randy Acker of South Valley Refuse Disposal could participate in said discussion. Director of Public Works-City Engineer Henry reported on the Planning Commission meeting of July 17, 1969, noting continu- ance of public hearing on the petition of W. R. Howson and D. L. Gardner to rezone 22.07 acres from "R-l" to IIR_4" on future Santa Teresa Expressway south of Hecker Pass Highway in order to give Mr. Howson time to work out access problem with the County; noting continued publ ic hearing on petition of Larry Frisone to rezone his property at 10 Wayland Lane from liP-Oil to "C_l", further noting the Commission's denial of said rezoning request due to parking re- quirements; noting the Commission's adoption of Resolution No. 441 recommending denial of an overall zoning of IIR_2" for Hy Weisel Communities at Fitzgerald and Monterey Highway due to density and remoteness; noting adopting of Resolution No. 442 approving condi- tional uSe permit for free-standing sign at Robo-Bay Car Wash on Hecker Pass Highway; noting adoption of Resolution No. 444 approving conditional use permit to construct a service station in an IM-2" zone at the southeast corner of Murray Avenue and Leavesley Road subject to approval of fencing, landscaping, and development agree- ment; noting disapproval, due to lot size and street pattern, of a Tentative Map submitted by Bollenbacher and Kelton for 23 acres on west side of Morey Avenue north of Welburn; noting request to con- vert approximately 3000 sq. feet of Westwood Professional Building for dormitory use, noting that a variance request would be required in order to allow this use in a "C-l" district; and noting Commis- sion's decision to meet only once ~n August on the 21st. ,Motion was made by Councilman Pate seconded by Councilman Duffin and carried that a public hearing date be set for August 4, 1969, on the rezoning request of Larry Frisone. Mr. Bill Clayton, representing Hy Weisel Communities, ad- dressed the Council withdrawing his original request for the "R_]I1 to IR-2" rezoning at the publ ic hearing of August 4, 1969, when the request for all "R" districts to be modified to IR-2" will be presented. Councilman Pate inquired as to the rezoning request of Keith Hall Company for an IR-4" use in an IIR_l" District, located on the west side of Wren Avenue, 400' north of La AJondra. Director of Public Works noted the omission of same from the Planning Commission's minutes. 2990 Motion was made by Councilman Pate seconded by Councilman Wentworth and carried that a public hearing date be set for August 4, 1969, on the rezoning request of Keith Hall Company. Lib. & Cult. Com. City Administrator Wood reported on the Minutes of the Lib- Meeting of rary and Culture Commission meeting of July 1, 1969. 7-1-69 Library Site Study Pers. Com. Meeting of 7-10-69 Special Ho 1 i days P. & R. Com. Meet i ng of 7-1S-69 Apptmt. of new Plan. Commissioner- D. DeBe 11 Mayor Goodrich digressed from the Agenda to introduce Mr. Robert Wong, Architect for the new library facility. Mr. Wong re- ported on the library site studies recently held and .the desirabili- ty of having the new library in the proximity of the City Hall. Discussion was had. ... ... Mr. George Farrier, County Librarian, addressed the Council in regard to having the Library as a part of the City Hall Annex and noting that the Library & Culture Commission will hold a spe- cial meeting on Tursday, July 24, 1969. City Administrator Wood inquired as to the latest word on the Federal Grant appl ication for the new library. Mr. Farrier stated that he had no report except that they will probably not have any word from the House Committee until November of this year and very possibly, no funds will be allocated. Motion was made by Councilman Pate seconded by Councilman Silva and carried that the selection of library site be referred to the Library and Culture Commission. Motion was made by Council- man Pate seconded by Councilman Wentworth and carried requesting a special meeting of the Planning Commission so that a report on the proposed library site could be had at the August 4th meeting of the Counc i 1. Per~nnel Director Reinsch reported on the Personnel Commis- sion meeting of July 10, 1969. - City Administrator Wood commented on the granting of Special Hol idays. - Councilman Wentworth reported on his decision for the recent special hol iday, or "Day of Participationll on July 21, 1969 in regard to the landing of man on the moon. At the request of the Personnel Director, it was moved by Councilman Wentworth seconded by Councilman Pate and carried that Staff be authorized to draw up an ordinance regarding special holi- days for all City employees and that the Mayor be authorized to grant special holidays and that those employees who work on said days would be granted straight time off. City Administrator Wood reported on the Parks and Recreation Commission meeting of July IS, 1969. The Mayor digressed from the Agenda to appoint a replacement for retiring Planning Commissioner Donald Malinoff. The names of the following four persons were presented: Mr. John San Miguel, Mr. Dennis DeBell, Mr. Dean Cook, and Mr. Toby Solorzano. ... The Mayor introduced Mr. Conrad Lather, President of the Santa Clara County Democratic Club, who addressed the Council re- commending the appointment of Mr. John San Miguel to the Planning Comm i s s i on . ... City Administrator Wood read a letter from the Social Plan- ning Council of Santa Clara County recommending Mr. San Miguel's appo in tmen 1. Mr. Frank Valenzuela addressed the Council expressing his opinion that minority persons are being overlooked in City Govern- ment agencies and respectfully endorsed Mr. San Miguel for the appo in tmen t. Mrs. Diane Delevett, CRLA attorney, addressed the Council endorsing Mr. San Miguel. !991 Upon written vote of the Council, the following votes were cast: John San Miguel - 1, Dennis DeBell - 3, Dean Cook - 1, and Toby Solorzano - 1. Motion was made by Councilman Wentworth second- ded by Councilman Duffin and carried that Mr. Dennis DeBell be ap- pointed to the Planning Commission to fill the unexpired term of Donald Malinoff (1-1-71). Mr. Rolph Bruchner addressed the Council, commenting on the letter he wrote for the Social Planning Council and expressing his disappointment in the Councilfs decision. Councilman Wentworth commented on the appointments of Mrs. Elisa Martinez and Manuel Marques to County and City Commissions. job., .. Monthly Report June 1969 The Summary of the Monthly Reports for June 1969 was noted. Disbursements June 1-30 19'69 The Report of Disbursements from June 1 through June 30, 1969, was noted. Salary Merit City Administrator Wood presented a request for Salary Merit Increases Increases for the following three (3) employees: John Crumrine, Utilityman - Range 23B, $546/mo. to C. $573/mo.; Lee Eloff, Patrol- man - Range 28B, $696/mo. to C, $731/mo.; and Randall Cry, Police Cadet - Range 17B, $407/mo. to C, $427/mo. Motion was made by Councilman Wentworth seconded by Councilman Duffin and carried that the request for said Salary Merit increases be granted. .~ Renewal of Con- City Administrator Wood presented a request for renewal of tract-Statand authorization to execute a contract with the State of California Coop. PersCooperative Personne,l Services for needed examination materials. Services On the recommendation of the City Administrator, it was moved by Councilman Duffin seconded by Councilman Silva and carried that the City Administrator be authorized to enter into and sign an agree- ment with the State of California, California State Personnel Board, Cooperative Pe~sonnel Services Division, for the purpose of perfor- ming examining services for the City of Gilroy, a munic ipal corpora- tion. tliI,j".. _4 Correction of City Administrator Wood presented a reques't for correction Salary J..o-j; the salary anniversary date for Sheldon Shelvock. Motion was Anniver-{;cmade by Councilman Wentworth seconded by Councilman Duffin and car- sarv";dcate!ided that said correction be granted. S.Shelvock Agree.-Wells City Administrator Wood reported on and requested approval Fargo- of an Agreement with Wells Fargo Bank in regard to the Joint Im- City Pkg. provement of the City-Wells Fargo Bank Parking Lots. Motion was Lots made by Councilman Duffin seconded by Councilman Silva and carried that the Mayor and/or City Administrator be authorized to execute sa i d agreemen 1. Agree. for City Administrator Wood requested approval of and authoriza- Acquis. tion to execute an agreement covering a one (l)acre parcel for the of Par- Northside Park Project. Motion was made by Councilman Pate second- cel-N/Side ed by Councilman Wentworth and carried that the City Administrator Park be authorized to execute said agreement. .... .J Req. to hire City Administrator Wood presented a request to hire Mrs. New Employ- Linda Blundo, Clerk-Typist for Parks & Recreation Department, at ee at Step Step 2, Range 20.5 - $483/mo. because of her previous experience. Two Motion was made by Councilman Pate seconded by Councilman Duffin and carried that said request be granted. ""'. . r,... (") /'. " "U -1' J - ,..I '..I L~' Water Facility Agree.-Gilroy Theatre Co. 8 th St. Wa te r Main Pipe Purchases New Building Code 1969-70 Street & Alley Prog. 1969-70 Water & Sewer Ma i n Imp. Third St. Ex tn. S.J.-S.C. Co. Bus Study Pedestrian Safety Award Proc 1 amat i on- Law & Morali- ty Week Letter Com- mending Fire Chief Brit- tain Housing Ele- ment Report Interfaith Chapel Adv. Com. City Administrator Wood presented Sl request from Gilroy The- atre Company requesting a change in their. water facility agreement. Motion, was made by Councilman Duffin seconded by Councilman Pate and carried that the change in the agreement be accepted with the provision that development be put on a pro rata front foot basis. City Administrator Wood presented a request to purchase cast iron pipe and fittings to install a water main on E. Eighth Street in lieu of the Miller Avenue installation between Fifth and Sixth Streets; budget title to be changed from Miller to Eighth and, the Miller Avenue project to be included in next year's budget. .. ..... Director of Public Works-City Engineer reported on the new Building Code. Council instructed the City Attorn~y to prepare an ordinance for introduction at the next council meeting. Mr. Ernest Pavese, local plumber, introduced Mr. Jim Hartigan of the Plumbers & Steamfitters Union, Local No. 393, who spoke briefly on the 1969 Uniform Plumbing Code, especially the use of plastic pipe. Mr. Trevor Riedesser of the Cast Iron Soil Pipe Institute addressed the Council regarding the 1969 Uniform Plumbing Code. , City Engineer Henry reported on the proposed 1969-70 Street and Aley Improvements and the 1969-70 Water and Sewer Main Improve- ments Programs. Motion was made by Councilman Duffin seconded by Councilman Wentworth and carried that the Plans and Specs for the 1969-70 Street and Alley Improvement Program be approved and author- ized the City Engineer to call for bids. Motion was made by Councilman Pate seconded by Councilman Wentworth and carried that the Plans and Specs for the 1969-70 Water and Sewer Main Improvements Program be approved and that the City Engineer be authori zed to call for bids. .... .. Councilman Duffin inquired as to the progress of the Third Street Extension. City Administrator Wood stated that he was meet- ing with M.J. Filice, Jr. ,on July 23, 1969, in regard to same. The San Jose-Santa Clara County Bus Study was noted A letter from the AAA in regard to Pedestrian Safety Award to the City of G i 1 roy was noted. Mayor Goodrich issued a proclamation proclaiming the week of August 11-18,1969, as IILaw and Morality Weekll. A letter from the Santa Clara County Fire Chiefs' Association commending Chief Brittain's Officership in the Association was noted. - A lette~ from the State in regard to the County-Cities In- terim Housing lement Report was noted. - A letter from Senator Clark Bradley in regard to his position on S.B. 1414 was noted. A letter from the Interfaith Chapel Advisory Council request- ing a representative of the City to serve on a committee to head a fund raising campaign to build a chapel on the santa Clara Valley Medical Center grounds was noted. The Mayor appointed Councilman Batrez to serve on said committee. 2993 Feasibility S tudy-Gen trys City Administrator Wood reported on a request from Gentry's for a feasibility study for an assessment district to extend domes- tic sewerage and water facilities to their plant on Old Gilroy Road. Arch. for New Fire S ta t i on A report was heard on the Fire Station Architect Review Com- mittee, noting the Committee's recommendation of Robert Wong. Motion was made by Councilman Wentworth seconded by Councilman Batrez and carried that the City hire Mr. Robert Wong as the archi- tect for the new Fire Headquarters Station. '- Councilman Wentworth reported that Supervisor Sanchez cannot attend the City Barbecue. The City Attorney inquired as to the availability of his name plate. Councilman Pate inquired as to the procedure appointing Council members as representatives to the Planning Commission meet- ings. Service Pins for Councilman Silva inquired as to the possibility of giving Vol. Personnel service pins to volunteer personnel. Discussion was had. Motion was made by Councilman Silva seconded by Councilman Wentworth and carried that a suitable momento be awarded to qualifying volunteer personnel and that the selection of the type of momento be referred to the Personnel Commission. Councilman Batrez commented on the presentations made by members 6f the audience endorsing Mr. John San Miguel for appoint- ment to the Planning Commission. Director of Public Works Henry reported on the agreement with the State for signal modifications at First and Seventh Streets. Assistant City Administrator Reinsch reminded Council of the City Barbecue to be held Saturday, July 26, 1969. City Administrator Wood reported he had received a phone call from the County advising of the approval of the Jail Facil ity Agreement. The meeting was adjourned at 11: 10 p.m. Respectfully submitted, t, . I/, ~/ l(C IL/L'h-o. ( ( I: ;[, ~. "l / Deputy City Clerk ./