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Minutes 1969/08/04 r I I , Roll Call ~993 Gilroy, California August 4, 1969 The Regular Meeting of the Gilroy City Council was called to order by His Honor, ~ayor Norman B. Goodrich at 8:00 p.m. Present: Council Members: Fred P. Batrez, George T. Duffin, Mark E. Kennedy, John E. Pate, Anthony C. Silva, Everett C. Wentworth, and Norman B. Goodrich. 2994 Tribute to Dr. E.J. Chesbro Minute Approval Introduction new emp- loyees Pub. Hear. re: Prezoning Hy Weisel Prop. Res.#1374 Denying Wi thdrawal Annex. Ap. Fitzgerald Rd.69-1 Pub.Hear. re: rezoning L. Fr i sone at Wayland Lane " The Mayor declared a moment of silence in memory of Dr. Elmer J. Chesbro. The Minutes of the Regular Meeting of July 21, 1969 and of the Regular Adjourned Meeting of July 22, 1969 were approved as mailed and recorded. The Mayor introduced two (2) new employees: Linda Blundo,Clerk- Typist, and Jon Michael Pellin, Pol ice Cadet. """""" The Mayor stated that it was the time and place scheduled for the continued Publ ic Hearing on the prezoning request of Hy Weisel for 154 acres located at the southwest corner of Monterey Highway and Fitz- gerald Avenue. ........ Director of Public Works-City Engineer Henry reviewed the recom- mendation of the Planning Commission in regard to said prezoning request, specifically that said prezoning be denied due to remoteness, eensity and general increase of costs for servicing the area and noting that if Council approved said prezoning that the developers be required to submit a tentative map of their proposal prior to the prezoning approval. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Mr. Will iam B. Clayton, Executive Vice President of Hy Weisel, addressed the Council requesting the prezoning request be granted and further explained the proposed zoning desired. Motion was made by Councilman Duffin seconded by Councilman Wentworth and carried that the Public Hearing be closed. Motion was made by Councilman Kennedy seconded by Councilman Silva that Resolution No. 1374 be adopted accepting the recommendation of the Planning Commission and denying said prezoning request of Hy Weisel for property at Monterey Highway and Fitzgerald Avenue. ~ ..... RESOLUTION NO. 1374 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DENYING THE REVISED APPLICATION OF HYMAN WEISEL TO PREZONE 83.38 ACRES AS R-2 (TWO FAMILY RES I DENCE) , 67. 17 ACRES AS R- 1 (S INGLE FAM I LYRES I DENCE) AND 7. 14 ACRES AS C-l (NEIGHBORHOOD COMMERCIAL), A TOTAL OF 154.69 ACRES, SAID PROPERTY BEING PART OF A PROPOSED ANNEXATION FILED WITH THE CITY OF GILROY. PASSED AND ADOPTED this 4th day of August, 1969, by the following vite: AYES: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Pate, Silva, Went- worth and Goodrich. NOES: COUNC I L MEMBERS: None ABSENT: COUNCIL MEMBERS: None Mr. Will iam B. Clayton, agent for Hy Weisel properties, addressed the Council and formally withdrew their request for annexation of the 154 acres on Monterey Highway and Fitzgerald Avenue. The Mayor noted the necessity for Council to re-set a Public Hearing on the rezoning request of Larry Frisone for property at 10 Wayland Lane due to Staff failing to meet the publication require- ment date of same. Motion was made by Councilman Pate seconded by Councilman Silva and carried that the rezoning request of Larry Frisone for property at 10 Wayland Lane from liP-Oil to "C-l" be set for Augus t 18, 1969. - .....,..j Pub. Hear. re: rezoning Ke i th Ha 11 W. of Wren Ave. f"""""'~-"', ~,~... Plan. Com. 7/29/69 C1995 The Mayor noted the necessity for Council to re-set a Publ ic Hearing on the rezoning request of Keith Hall Co. for property on the west side of Wren Avenue, 400 feet north of La Alondra Way for an IIR_4" use in an "R_111 District, due to Staff failing to meet the publication requirement date of same. Motion was made by Council- man Wentworth seconded by Councilman Pate and carried that the re- zoning request of Keith Hall Co. for property on the west side of Wren Avenue, 400 ft. north of La Alondra Way for an "R-4" use in an "R-l" District be set for August 18, 1969. Meet. Secretary of the Planning Commission Henry reported on the Meeting of the Planning Commission held on July 29, 1969 in regard to a library site recommending the proposal of Architect, Mr. Robert Wong, to locate said Library within the block west of the City Hall and recommending that said location be zoned to curtail future development in the area. Lib.&Cult.Meet. City Administrator Wood explained the report of the Library & 7/24/69 Culture Commission's special meeting of July 24, 1969 in regard to the proposed 1 ibrary site between Hanna & Rosanna Streets on Sixth Street, as recommended by Mr. Wong, and approved by the Library & Culture Commission; and noting the Pop Concert proposed for Christ- mas Hill Amphi-theatre to be sponsored by the Library & Culture Commission. r---'" ~..".. Public Discus- sion set re: Li brary site location Personnel Com. Mee t. 7/24/69 r' ~... Res. #1375 Ret i remen t amendment Discussion was had by Council in regard to the proposed recom- mended Library site. The Mayor reported that he had received objection to said proposal from property owners that would be affected by said site and opposing to said location for same, specifically Mrs. LaJannette and Mrs. Doyle. Motion was made by Councilman Wentworth seconded by Councilman Pate and carried that it is the intent of the present Council that the recommended area proposed for the Library site is designated as the location of a future Civic Center. Motion was made by Councilman Pate seconded by Councilman Went- worth and carried that the recommendation of Architect, Mr. Robert Wong, be accepted for the proposed Library Site and that authoriza- tion be given to proceed with the plans for said Library Building at said recommended location, specifically within the block immedia- tely west of the present City Hall. Council requested Staff to investigate options available at said 1 ibrary site location, proposed zoning for said area, etc. Motion was made by Councilman Pate seconded by Councilman Kennedy and carried that September 15, 1969 be set as a Publ ic Discussion in regard to the proposed Library Site location. Personnel Director Reinsch explained the report of the Person- nel Commission meeting of July 24, 1969 recommending an amendment to the retirement section of the Personnel Rules & Regulations to conform to State Retirement System,; and informing Council of recent Personnel Department activities in regard to personnel recruitment. Resolution No. 1375 amending the Personnel Rules and Regula- tions as recommended by the Personnel Commission was presented. Motion was made by Councilman Pate seconded by Councilman Silva that Resolution No. 1375 be adopted. RESOLUTION NO. 1375 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY SECTION IV, E "RETIREMENT" (PARAGRAPH I) OF THE PERSONNEL RULES AND REGULATIONS. PASSED AND ADOPTED this 4th day of August, 1969, by the following vote; ~996 AYES: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Pate, Silva, Wentworth, and Goodrich. COUNCIL MEMBERS: None COUNCIL MEMBERS: None NOES: ABSENT: Water Samples City Administrator Wood presented a report in regard to satis- factory water samples taken by the Santa Clara County Health Depart- me n t. Res. #1376 re: Unpaid Assessm't Ronan Ave. 69-1 N.Side Park Acquis. Damage Claim re: D. Lemos Census Agree. S.C. Co. Ord.#859 & #860 re: Revenue & Tax Rates Resolution No. 1376 Determining Unpaid Assessments and provi- ding for Issuance of Bonds for IIRonan Avenue Improvement District 69-1" was presented. Motion was made by Councilman Pate seconded by Councilman Wentworth that Resolution No. 1376 be adopted. !III ... RESOLUTION NO. 1376 A RESOLUTION DETERMINING UNPAID ASSESSMENTS AND PROVIDING FOR ISSUANCE OF BONDS - RONAN AVENUE IMPROVEMENT DISTRICT - PROJECT NO. 1969- 1. PASSED AND ADOPTED this 4th day of August, 1969, by the following vote: AYES: COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Wentworth, and Goodrich. None None Pate, Si lva, City Administrator Wood requested approval to execute a 0.238 acre parcel of land acquisition for Northiide Park. Motion was made by Councilman Duffin seconded by Councilman Wentworth and carried that the request for execution of a 0.238 acre parcel of land for Northside Park Project in the amount of $1,600.00 be approved and that the Mayor be authorized to execute same on be- half of the City. .. City Administrator Wood reported and presented an original Notice of Claim from Mrs. Dorothy Lemos, noting that Council had previously denied an amended claim for same. Motion was made by Councilman Kennedy seconded by Councilman Wentworth and carried that the original Notice of Claim from Mrs. Dorothy Lemos be denied and that Staff be instructed to refer said claim to the City Attorney and local Insurance Carrier. - re: City Administrator Wood reported on proposed Census Agreement with Santa Clara County and requested authorization to execute same, noting the cost to the City for said service to be $625.00. Motion was made by Councilman Pate seconded by Councilman Duffin and carried that the Census Agreement with Santa Clara County be executed and that the $625.00 expenditure for same be allowed. City Administrator Wood reported on the Assessed Valuations for the 1969-70 Tax Year and recommended Tax Rates necessary for same. Ordinance No. 859 fixing the amount of revenue necessary to support the departments of the City was presented. Motion was made by Councilman Wentworth seconded by Councilman ___ Duffin that the reading of Ordinance No. 859 be waived and that it be adopted. .... ORDINANCE NO. 859 ORDINANCE OF THE CITY OF GILROY FIXING AMOUNT OF REVENUE FROM PROPERTY TAXES NECESSARY TO SUPPORT THE DEPARTMENTS OF THE CITY AND TO PAY BONDED 'OR OTHER INDEBTEDNESS OF THE CITY OF GILROY OR ANY PORTION OR DISTRICT OF THE CITY OF GILROY FOR THE FISCAL YEAR 1969-70. PASSED AND ADOPTED this 4th day of August, 1969, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Pate, Silva, Wentworth, and Goodrich. None None NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: ~ -. , ~'4 Traffic Safety Grant ,8',n~ Ord. #861 re: prezoning H. Willard prop.- Hecker Pass & Morey Ave. -.....$... Ord. #862 re: prezoning NE corner-White- hurst & Leavesley ...',-.J ~997 Ordinance No. 860 fixing the Tax Rates for the 1969-70 Fiscal Year was presented. Motion was made by Councilman Pate seconded by Councilman Wentworth that the reading of Ordinance No. 860 be waived and that it be adopted. eRDINANCE NO. 860 ORDINANCE OF THE CITY OF GILROY FIXING THE AD VALOREM ASSESSMENT FOR THE CURRENT FISCAL YEAR 1969-70 NECESSARY TO SUPPORT THE DEPARTMENTS AND BONDED INDEBTEDNESS OF THE CITY OF GILROY AND THE CITY OF GILROY PARKING DISTRICT NO. I. PASSED AND ADOPTED this 4th day of August, 1969, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Wentworth, and Goodrich. None None Pate, Silva, NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Director of Public Works-City Engineer Henry reported on a Traffic Safety Grant and recommended that the City retain the services of George S. Nolte Co. as Traffic Engineering Consultant. Motion was made by Councilman Wentworth seconded by Councilman Silva and carried that the recommendation to proceed with the proposed Traffic Program in obtaining a Grant for same be approved and that Staff be authroized to hire George S. Nolte Co. for said Engineering Consultant for the Project, provided an application is made for said Grant. Ordinance No. 861 prezoning 5.98 acres of property belonging to Horace Willard at Hecker Pass Hwy and Morey Avenue from "R-l" to "R-311, previously published by title and summary was presented for adoption. Motion was made by Councilman Pate seconded by Councilman Wentworth that the reading of Ordinance No. 861 be waived and that it be adopted. ORDINANCE NO. 861 ORD,INANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING 5.98 ACRES AS R-3, SAID PROPERTY BEING LOCA- TED ON THE NORTH SIDE OF HECKER PASS HIGHWAY APPROXIMATELY 700 FEET EAST OF MOREY AVENUE. PASSED AND ADOPTED this 4th day of August, 1969, by the following vote: AYES: COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Wentworth, and Goodrich. None None Pate, Silva, Ordinance No. 862 prezoning the northeast corner of Whitehurst Avenue and Leavesley Road to "C_l" previously introduced and pub- lished by title and summary was presented for adoption. The City Attorney reported that Ordinance No. 858 previously adopted annexing said property to the City must be repealed since said ordinance erroneously referred to said property as being Inhabited Territory, whise same is and was originally initiated as Uninhabited Territory. Motion was made by Councilman Kennedy seconded by Councilman Wentworth that the reading of Ordinance No. 862 be waived and that it be adopted. ORDINANCE NO. 862 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY PREZONING 1.488 ACRES AS C-l, SAID PROPERTY BEING PART OF A PROPOSED ANNEXATION TO THE CITY OF GILROY. PASSED AND ADOPTED this 4th day of August, 1969, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Pate, Silva, Wentworth, and Goodrich. None None NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: ~998 Ord. #863 re: Whitehurst Annex. 69-1 Bldg. Code Motion was made by Councilman Pate seconded by Councilman Duffin that the reading of Ordinance No. 863 be waived and that it be adopted. ORDINANCE NO. 863 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "WHITEHURST ANNEXATION 69-1 TO THE CITY OF GILRO~I AND FOR THE INCORPORATION OF SUCH ANNEXED TERRITORY IN AND AS A PART OF SUCH MUNICIPALITY FOR THE GOVE~MENT AND MUNICIPAL CONTROL THEREOF. PASSED AND ADOPTED this 4th day of August, 1969, by the following vote: AYES: ~ I .... COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Wentworth, and Goodrich. None None Pa te, S i 1 va, Director of Public Works-City Engineer Henry reported on pro- posed amendments to the Building Code. The City Attorney requested that the ordinance regarding the proposed new Building Code be introduced at the next regular Council Meeting to allow Staff to further study the matter and to include fence regulations now not included within the Building Code. Salvage Operation City Administrator Wood reported that Mr. C. R. Acker, owner at City Dump of South Valley Refuse & Disposal Company, could not be present at this Council Meeting to discuss the salvage operation at the City Dump and report back to Council on their findings. City Administrator Wood indicated that he would arrange a meeting date for the Com- mittee and notify them of same. Cleaning Mill er Slough N.Side Park land acq. F. Marquez .. Councilman Wentworth reported on additional costs this year required for necessary cleaning of Miller Slough, same approximately estimated at $500.00 for the City's share and the Flood Control District contributing $1,000.00 toward said project. He explained that the additional expense to the City would be required due to additional cleaning and deepening of certain areas of the Slough located within the City. ..... The Mayor called upon Mr. Frank Marquez in regard to acquIsI- tion of his property for the Northside Park Project. Mr. Marquez addressed the Council noting that he was not satisfied with the City's appraisal of his property. Discussion was had. The Mayor requested Mr. Marquez to meet with City Staff for further negotia- tion regarding purchase of his property and to discuss the possi- bil ity of trading said lands. Re-name portion The Mayor noted the presence of Mr. & Mrs. Edwards, owners of of 7th St. Pacheco Pass Motel, requesting the City to re-name that portion of Seventh Street between Monterey Street and the railroad to Old Gilroy Street, since Old Gilroy Street between Monterey Street and the railroad has been c~osed. Council indicated said request was reasonable and referred same to the Planning Commission for study .. and recommendation. Phase I Co. Housing Element ..... A Report on Phase I in regard to the Interim Countywide Hous- ing Element Program was noted. Burning Restric- A letter from the Bay Area Air Pollution Control District Was tions noted in regard to Household Burning Restriction effective 1/1/70/ 1/1/70 City Jail Facility Financial Issue ",..-. Planning Consultant Services ~ Muscular Dystrophy So 1 i c i ta- tion Sewage Treat. Gran t Ban d Con ce rt r''''' I AB-Di sclo- sure of Assets by Pub.Off. l.- Cal if. Peace Officers' Grant N. Mont. St. tire opera- tion Garbage Debris- Burchell Rd. I"'" ' :;990 _ c..U A report on City Jail Facil ity from the State Board of Cor- rections was noted. The August 1, 1969 Issue of Municipal Financial Consultant of J. Barth & Co. was noted. A letter from Duncan & Jones, Planning Consultant, was noted in regard to availability of their services. A letter from the Muscular Dystrophy Ass'n. of America was presented requesting permission to sol icit funds within the City during November 1969. Motion was made by Councilman Wentworth seconded by Councilman Duffin and carried that the request of the Muscular Dystrophy Ass'n. to solicit funds during November 1969 be approved. A letter from the Division of Water Qual ity Control was presented approving an increase in the City Sewage Treatment Plant Grant from $lS,OOO.OO to $22,860.00. City Administrator Wood reported on a proposed "Jazz Band Concert" scheduled for August 10, 1969 at the Amphi-theatre at Christmas Hill Park and requested permission to advertise said event in the local newspaper as it is being sponsored by the City1s Library & Culture and Parks & Recreation Commissions. Motion was made by Councilman Wentworth seconded by Councilman Pate and carried that Staff be authorized to advertise said Con= cert in the local newspaper and that the cost of same be expended from the City's Library budget, not to exceed $ISO.OO. City Administrator Wood reported on an Assembly Bill regard- ing "Disclosure of Assets by all Public Officials". Council authorized Staff to wire the Governor requesting his veto of said Bill. City Administrator Wood noted receipt of funds received in regard to California Peace Officers' grant. Councilman Kennedy reported on unsightly tire business opera- tion on North Monterey Street. The Mayor instructed Staff to pre- pare an emergency ordinance to alleviate said problem. The unsightly warehouse building on North Monterey Street owned by Howson Bros. was reported by Staff that same could possi- bly be condemned for health reasons. Council requested Staff pro- ceed on this basis. Councilman Duffin reported on the garbage debris between Bur- chell Road and Seventh Tee at the Golf Course and requested that the Golf Course Caretaker be notified of same to police this situa- tion. ~ Cooperative Agree. Director of Publ ic Works Henry presented a proposed Coopera- Traf. Sig. tive Agreement with the State for the Traffic Signal at Wayland Wayland Lane Lane and Miller Avenue. He noted that the City1s share of said Miller Ave. project to be $13,SOO.00 for a $27,000.00 Project. Resolution Res. #1377 No. 1377 approving said Agreement was presented for adoption. Motion was made by Councilman Wentworth seconded by Council- man Kennedy and carried that the reading of Resolution No. 1377 be waived and that it be adopted. 800n RESOLUTION NO. 1377 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN AGREEMENT FOR THE INSTALLATION OF TRAFFIC SIGNALS AT THE INTERSEC- TION OF MILLER AVENUE-WAYLAND LANE WITH FIRST STREET AND CHANNELI- ZATION OF FIRST STREET AT MILLER WAYLAND, CARMEL AND SARGENT STREETS AND AUTHORIZING ITS EXECUTION. PASSED AND ADOPTED this 4th day of August, 1969, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Wentworth, and Goodrich. None . None Pate, S i 1 va, NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: ... t/IIIifI1/i Ronan Ave. Improve- ments Director of Public Works-eity Engineer Henry reported on re- quest of property owners west of Ronan Avenue desiring sewer and water facilities, noting the City's share of the proposed improve- ment project to be estimated at $8,000.00 and the District's share at $lS,OOO.OO. Council requested that said project be initiated in the 1970-71 fiscal year for inclusion in the Budget at that time. I nter-C i ty Counc i 1 The Mayor requested reservations be made for six couples for the Inter-City Council Meetmng scheduled for August 7, 1969 at Paul Masson Mt. Vineyards. Adjourned At 10: 13 p.m., the Mayor adjourned the meeting. Respectfully submitted, ---~~- -- ~ ~,)!e..'t~njn..e:t ~ ...J ... , 'fIftIIII