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