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Minutes 1970/01/05 R911 Call Certificates of Service Res. Commending Po 1 ice Dept. by School Brd. Res. #1430 re: L t. K. Harn Res. #1431 Commending Mi ss L. Martinez 3059 Gilroy, California January 5, 1970 The Regular Meeting of the Gilroy City Council was called to order by Mayor Protempore Everett C. Wentworth at 8:01 p.m. Present: Council Members: Fred P. Batrez, George T. Duffin, Mark E. Kennedy, John E. Pate, Anthony C. Silva, and Everett C. Went- wor th. Absent: Council Member: Mayor Norman B. Goodrich. Councilman Kennedy presented a Certificate of Service to re- tiring Planning Commissioner Marvin Brodersen. A similar certificate, prepared for retiring Planning Commissioner John Hughan who was not present, will be del ivered to him. Mr. Eddie Sanchez, President of the School Board, presented a resolution commending the Gilroy Police Department for their recent actions in confiscating dangerous drugs. Chief of Pol ice Laizure accepted the resolution on behalf of the Police Department. City Administrator Wood read the resignation of Lt. Kenneth L. Harn, Gilroy Police Department, who has accepted a Captain's posi- tion with the Police Department at Pleasant Hill, Ca1 if. Motion was made by Councilman Pate seconded by Councilman Silva and carried that the reading of Resolution No. 1430, commending Lt. Harn for his ser- vices with the Gilroy Police Department, be waived and that said Resolution be adopted. RESOLUTION NO. 1430 RESOLUTION OF .THE GILROY CITY COUNCIL COMMENDING THE SERVICES OF GILROY POLICE LIEUTENANT KENNTH HARN. PASSED AND ADOPTED this 5th day of January, 1970, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin~ and Wen twor th None Goodrich Kennedy, Pate, Silva, NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBER: Lt. Harn addressed the Council and thanked them for their com- mendations. City Administrator Wood noted the graduation of Miss Lupe L. Martinez, Clerk-Typist for the Gilroy Pol ice Department, from Heald's Business College with a diploma in Career-Secretarial. Motion was made by Councilman Kennedy seconded by Councilman Duffin and carried that the reading of Resolution No. 1431, commending Miss 'Martinez upon her graduation, be waived and that it be adopted. RESOLUTION NO. 1431 3060 Minutes Pub. Hear. re: Rezoning at 10th & Mon- terey Sts. Intro. of Ord. Pub. Hear. re: Rezoning 1.72 ac. bwt. 9th & 10th, Eig1e- berry & Mon te- rey Sts. Intro. of Ord. Pub. Hear. re: S i dewa1 k Re- pair (Mrs. J. Sotello) RESOLUTION OF THE GILROY CITY COUNCIL COMMENDING THE GRADUATION OF MISS LUPE L. MARTINEZ FROM BUS1NESS COLLEGE. PASSED AND ADOPTED this 5th day of January, 1970, by the following vote: AYES: ...... COUNCIL MEMBERS: Batrez, Duffin, and Wen twor th None Goodrich Kennedy, Pate, Silva, NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBER: ... A correction in the Minutes of the Regular Meeting of Decem- ber 15, 1969, was noted at page 7, "Mobile Trailer". The name of "Paul Musolino" to be inserted in place of IIC. N. Bo1fingll re: request for temporary location of mobile trai 1er to be used as office on Monterey Street. Said Minutes to be filed as corrected. = Mayor Protempore Wentworth announced that it was the time and place for a Public ~earing on rezoning initiated by the Planning Com- mission to rezone .48 acres of land on the south side of Tenth Street, approximately 450. west of Monterey Street, from C-2 (General Commer- cial District) to R-3 (Low-Density Multiple Residence District). Said property reverts back to original zoning if not uti1 ized within a three-year period. The Mayor Protempore asked if there was anyone in the audience wishing to speak for or against the proposal. As there were no com- ments from anyone in the audience, motion was made by Councilman Duf- fin seconded by Councilman Kennedy and carried that the Public Hear- ing be closed. The City Attorney presented and read an ordinance rezoning said .48 acres from C-2 (General Commercial District) to R-3 (Low- Density Multiple Residence District). Motion was made by Councilman Pate seconded by Councilman Duffin and carried that the ordinance be introduced andpub1 ished by title and summary. r"...... Mayor Protempore Wentworth announced that it was the time and place for a Public Hearing on rezoning initiated by the Planning Com- mission to rezone 1.72 acres located on the westerly one-half of the block between Ninth and Tenth Streets and Eig1eberry and Monterey Streets from C-2 (General Commercial District) to R-3 (Low-Density Multiple Residence District). Said property reverts back to original zoning if not utilized within a three-year period. ..... The Mayor Protempore asked if there was anyone in the audience wish i ng to speak for or aga i ns t the proposa 1. As there were no com- ments from anyone in the audience, motion was made by Councilman Ken- nedy seconded by Councilman Pate and carried that the Pub1 ic Hearing be closed. The City Attorney presented an ordinance rezoning said 1.72 acres from C-2 (General Commercial District) to R-3 (Low-Density Multiple Residence District). Motion was made by Councilman Pate seconded by Councilman Duffin and carried that the ordinance be in- troduced and pub1 ished by title and summary. Mayor Protempore Wentworth announced that it was the time and place for a Public Hearing on the Director of Public Works. Re- port of Sidewalk Repair at 6830 Rosanna Street belonging to Mrs. John Sotello. Director of Public Works Henry explained said Report and recommended a three-year lien period for repair costs in the amount of $ 157.00. - ..... The Mayor Protempore asked if there was anyone in the audience wishing to speak for or against the proposal. As there were no comments from anyone in the audience, motion was made by Councilman Pate sec- onded by Councilman Silva and carried that the Pub1 ic Hearing be closed. Motion was then made by Councilman Pate seconded by Council- man Duffin and carried that the Report of the Director of Public Works re: Sidewalk Repair at 6830 Rosanna Street be confirmed with a stipulation to include $157.00 assessment fee to be paid by Mrs. John Sotello over a three-year period. - - 3061 Appeal of Thos. City Administrator Wood presented an appeal on the Planning Bonasera re: Commission1s denial of a Variance Request of Mr. Thos. Bonasera to Bldg. at 64 reduce required parking to allow expansion of existing building at W. 6th St. 64W. Sixth Street, currently housing the South County Rehabilitation Workshop. ~ - Director of Public Works Henry explained the reasons for the Planning Commission's denial noting that said building was not in the Parking District and that in the event the building was expanded and utilized for other purposes in the future, a traffic, problem would be created. Discussion was had. Motion was made by Council- man Duffin seconded by Councilman Silva and carried that the hearing on the appeal of Mr. Thomas Bonasera be continued to the next regu- lar meeting of Januar.y.19, 1970, and that the owner be notified of said meeting. ".-. - Taxicab Owner's Permi t/Odus J. Bell City Administrator Wood presented an application of Odus J. Bell for a Taxicab Owner1s Permit to operate Gilroy Taxi and Gilroy Yellow Cab at 7901 Westwood Drive. Mr. Francis Compton, 465 Westwood Drive, addressed the Goun- cil stating that the cab companies had been sold to Mr. Odus J. Bell, but that he will continue to operate said company until the new own- er takes over. Mr. Tom Carr, 730 Eschenburg Drive, addressed the Council ex- plaining that there were originally two (2) separate cab companies but that these companies are now presently owned by one owner, thus the reason for two separate 1 icenses. Council recommended postponement of a decision on said appl i- cation to the next regular meeting of January 19, 1970, for further Staff investigation of the matter. .'-.'.''''... Plan. Com. 12/18/69 Report Secretary of the Planning Commission Henry presented and ex- plained the Report of the Planning Commission Meeting of December 18, 1969, noting a petition of H & R Block for a Conditional Use Permit to allow free-standing sign located at 301 First Street and Commis- sion's adoption of Resolution No. 463 approving same with condition that when owner of the Shopping Center asks for Master Shopping Center sign, this sign shall be included; noting petition of A1 San- chez for Special Sign Permit to allow second free-standing sign at 190 Welburn Avenue and Commission.s adoption of Resolution No. 464 approving same under Sec. 68.19,Special Sign Permits, which allows additional signing when'business has more tha~ two (2) acres; noting report of Commissioner John Hughan on Short Course for ,Planning Com- missioners given in San Francisco; Commissioner Dale Stephenson thanked Commissioners Brodersen and Hughan for serving on Planning Commission. - Lib. & Culture Com. City Administrator Wood reviewed the Minutes of the Library 12/2/69 and Culture Commission Meeting of December 2, 1969. P. & R. Com. 12/16/69 City Administrator Wood reviewed the Minutes of the Parks & Recreation Commission Meeting of December 16, 1969. Monthly Report City Administrator Wood presented the Monthly Report for November 1969. Discussion was had on the notable difference in the 1_ amount of water pumped during the months of November 1968 and November 1969, same to be investigated by the Director of Public Works. ........ Counc. Committee Fire Chief Brittain presented a request from the Gilroy Rural re: Gilroy Fire Commi.ssion for a meeting with representatives of the Council Rural Fire to discuss the possibility of improving fire protection in the Gi1- Com. royarea. Mayor Protempore Wentworth appointed Councilmen Pate, Silva, and Batrez to said Committee. - ... Water Samples A Report of satisfactory water samples taken by the Santa Clara County Health Department was noted and filed. 3062 External Audit Services Budget Amend. Acct. 12B37 On-Sale Beer & Wine License- H. Garcia, et ux Tract #4678, Tierra Del Roble Sub. 1969-70 Street Maint. Proj. Garb. Rates Ord. #876 Res. #1433 re: Setting Gar- bage Rates City Administrator Wood presented a request from Arthur Young & Co. for cost increase for Annual External Audit Services. Discus- sion was had. Staff to investigate the possibility of other firms performing said audit services at possible lower rates. .... Motion was made by Councilman Pate seconded by Councilman Silva and carried that Account 12B37 be amended in the amount of $200 for audit billing in the amount of $1,600 which is in excess of budget estimate of $1,400 for said service. ... City Administrator Wood presented a report on the appl ication of H. S. Garcia, et ux, to the A.B.C. for an On-Sale Beer & Wine License at 7273-7275 Monterey Street. Motion was made by Councilman Duffin seconded by Councilman Pate and carried that the City has no objection to the issuance of said 1 icense. IlIIIIIIt '- Director of Pub1 ic Works Henry presented a Report on the Final Acceptance of Tract No. 4678, Tierra del Roble Subdivision. Motion was made by Councilman Kennedy seconded by Councilman Silva and car- ried that the reading of Resolution No. 1432 be waived and th~t it be adopted. RESOLUTION NO. 1432 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ACCEPTING IMPROVE- MENTS MADE BY DEVELOPERS OF THE SUBD I V I S I ON KNOWN AS liT I ERRA DEL ROBLE, UNIT #1, TRACT #4678, SUBJECT TO STIPULATIONS AS SPECIFIED BY THE CITY ENGINEER. PASSED AND ADOPTED this 5th day of January, 1970, by the following vote: AYES: COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBER: Batrez, Duffin, and Wentworth None Goodr i ch Kennedy, Pate, Silva, ...... Director of Publ ic Works Henry presented a Report requesting Acceptance of the 1969-70 Street Maintenance Project. Motion was made by Councilman Duffin seconded by Councilman Silva and carried that the 1969-70 Street Maintenance Project be accepted as presented. ...... Mayor Protempore Wentworth turned the Chair over to Council- man George Duffin re: Emergency Ordinance amending garbage rates, as Mr. Wentworth is an employee of South Valley Refuse Disposal Co. The City Attorney explained and read Ordinance No. 876 amending said garbage rates, effective 1-1-70. Motion was made by Councilman Pate seconded by Councilman Batrez and carried that Emergency Ordinance No. 876 be adopted and that it be publ ished by title and summary. ORDINANCE NO. 876 AN ORDINANCE AMENDING SECTION 12.23 OF THE CITY CODE OF THE CITY OF GILROY SO AS TO PROVIDE THAT CHARGES FOR COLLECTION OF GARBAGE, RUBBISH AND REFUSE SHALL BE FIXED BY RESOLUTION. PASSED AND ADOPTED this 5th day of January, 1970, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Batrez, Kennedy, Pate, Silva, and Duffin None Wentworth and Goodrich ~ The City Attorney presented and read Resolution No. 1433, setting garbage rates without having to amend the City Code. Dis- cussion was had. Motion was made by Councilman Kennedy seconded by Councilman Silva and carried that Resolution No. 1433 be adopted. ...... RESOLUTION NO. 1433 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY FIXING MAXIMUM CHARGES FOR THE COLLECTION OF GARBAGE, RUBBISH AND REFUSE FOR THE CALENDAR YEARS 1970 THROUGH 1974, INCLUSIVE. PASSED ,AND ADOPTED this 5th day of January, 1970, by the following ..... ...... vote: - [ [ Ag'eement with So. Valley Re- fuse Disposal Co. 8th St. Imp. Dist. 1969-2 Res .#1434 Camp Fire Girls So 1 i c i t. 101 By-Pass 3063 AYES: NOES: ABSENT: Batrez, Kennedy, Pate, Silva, and Duffin None Wentworth and Goodrich COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Motion was made by Councilman Pate seconded by Councilman Kennedy and carried that the Agreement with South Valley Refuse Dis- posal Company be authorized and executed. Director of Public Works-City Engineer Henry presented Reso- lution No. 1434 Modifying Proceedings of Eighth Street Improvement District 1969-2. Motion was made by Councilman Pate seconded by Councilman Duffin that the reading of Resolution No. 1434 be waived and that it be adopted. RESOLUTION NO. 1434 A RESOLUTION MODIFYING PROCEEDINGS DISTRICT, PROJECT NO. 1969-2. PASSED AND ADOPTED this 5th day of vote: AYES: - EIGHTH STREET IMPROVEMENT January, 1970, by the following COUNCIL MEMBERS: Batrez, Duffin, and Wentworth None Goodrich Kennedy, Pate, Silva, NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: City Administrator Wood presented a request from 'the Santa Clara County Council of Camp Fire Girls, Inc. to conduct their annual Candy Sale, February 5 through February 23, 1970. Motion was made by Councilman Duffin seconded by Councilman Pate and carried that said request be approved. A letter from Assemblyman George W. Mil ias was noted re: priority of 101 By~Pass., So. Co. Consoli- A letter from the Local Agency Formation Commission to the dation Board of Supervisors re: a Proposed Study of the Possible Incorpora- tion of the South County was noted. P. G. & E. Rate Increase Llagas Creek Proj. Girt Scout Solict. Inter-City Counc i 1 Calendar An informational letter from P. G. & E. re: application with Public Utilities Commission for rate increases, was noted. A letter to Senator George Murphy from Maurice Mann, Assistant Director, Bureau of the Budget, Washington, D. C., re: L1agas Creek Project, was noted. City Administrator Wood presented a request from the Santa Clara County Girl Scouts Council, Inc., to hold their annual Cookie Sale, February 27 through March 10, 1970. Motion was made by Coun- cilman Pate seconded by Councilman Silva and carried that said request be granted. A Calendar of Inter-City Council Meetings.for 1970 was noted. United Americans City Administrator Wood presented a request from the United Solicit. Americans to solicit funds. Staff to advise that the Permit Fee can- ~ not be waived unless applrcant is registered as a non-profit corpora- tion. """''''1J - Young Adults Work Program City Administrator Wood presented a request from the Young Adults Work Program for permission to solicit for two (2) weeks in January. Motion was made by Councilman Pate seconded by Councilman Duffin and carried that said request be granted. 3rd St. Extn. Councilman Duffin inquired as to the progress of Third Street Extension. Director of Public Works Henry noted that same is now permanently open. 1 3064 Signals-1st & Mi 11er Fence along 3rd St. Extn. Ribbon Cutting re: 3rd St. Ex tn. Councilman Duffin inquired as to when the signal lights at First & MJller would b~ installed. Director of Publ ic Works Henry estimated they will be installed sometime this summer. Discussion was had on the maintenance of the fence along Third Street, adjacent to the Filice property. Staff to investigate further re: same. City Administrator Wood requested a ribbon cutting ceremony for the completion of the Third Street Extension, to be held Wednes- day, January 7, 1970, at 11:55 a.m. Councilman Pate r.ecommended a dip at the first crossing on Third Street. 4-way Stop Signs- Discussion was had on the possibility of erecting 4-way stop 3rd & Santa signs at the intersection of Third Street and Santa Theresa Drive. Theresa Di rector of Pub1 i,c Works Henry explained the National, Warrants for stop signs and requested that our Traffic Consultant check said location. Inter-City Counc. Meet. 1/8/70 Adj ournmen t Councilman Batrez inquired as to the progress of the reser- voir tanks. Mayor Protempore Wentworth noted the presence of Planning Commission Chairman, Bill Childers. Mayor Protempore Wentworth requested that eight (8) reserva- tions be made to the Inter-City Council Meeting on Thursday, Janu- ary 8, 1970. Assistant City Administrator Reinsch expressed his pleasure at being back to work after convalescing from his recent back opera- t ion. At 9:44 p.m., the meeting was adjourned. &. '(J~~ ,i.' 1.//Y1.L--I. / __ . . Deputy C,ty Clerk