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Minutes 1970/01/19 T 3064 Roll Call Cert if i cate of Service Minutes Gilroy, California January 19, 1970 The Regular Meeting of the Gilroy City Council was called to order by His Honor Norman B. Goodrich at 8:00 p.m. Present: Council Members: Fred P. Batrez, Mark E. Kennedy, John E. Pate, Anthony C. Silva, Everett C. Wentworth and Norman B. Goodrich. Absent: Council Member: George T. Duffin. Councilman Pate presented a Certificate of Service to retired Parks & Recreation Commissioner, John Kent. The Minutes of the Regular Meeting of January 5, 1970 were approved as mailed and recorded. - .... ...., J "I i ~ r--- 1 ; \-. ........ ... Appea 1 re: B.B.Bonasera Res.#1435 Condo Use, T.Bonasera Plan. Com. 1/15/70 Meet.Pub. Hear. re: Amend. to Sec.32.9 & 33.9 Pub.Hear.re: P.01 iver rezoning Pub.Hear.re: rezoning- Watson Realty Fi 1 ice Pre- zoning 3065 The Mayor noted that it was the time scheduJed to continue the Appeal from Mr. Thos. B. Bonasera on the Planning Commission's Denial of Variance Request to Reduce Parking Requirements to allow Expansion of an Existing Building at 64 West Sixth Street. Secretary of the Planning Commission Henry explained the action taken by the Planning Commission on said matter. Mrs. Pat Hobbs, Executive Director of HOPE for Retarded Adults, addressed the Council and spoke on behalf of the applicant. Mr. Leo Rotundo, Architect, addressed the Council and noted that Mr. Bonasera would consent to a conditional Use Permit if required. Mr. Bonasera also noted that he would have no objection to entering into an agreement that the present use of his building would be for the present tenant only. The City Attorney presented Resolution No. 1435 approving the Variance Request denied by the Planning Commission to include signing of an Agreement conditioning the present use of the building and ~ro- viding for four (4) parking spaces for the tenants present employees. Motion was made by Councilman Wentworth seconded by Council- man Pate that Resolution No. 1435 be adopted, allowing said Variance Request subject to execution of an Agreement Contract as outlined. RESOLUTION NO. 1435 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY GRANTING ON APPEAL AN APPLICATION FOR VARIANCE TO REDUCE REQUIRED PARKING TO ALLOW EXPANSION OF THE BUILDING AT 64 WEST GTH STREET. PASSED AND ADOPTED this 19th day of January, 1970, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Kennedy, and Goodrich None Duff i n Pate~ Silva, Wentworth NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBER: The Planning Commission report of the January 15~ 1970 meet- ing was presented and explained by Secretary of the Planning Commis- sion Henry recommending a zoning amendment to Sections 32.9 and 33.9 regarding non-conforming zones undeveloped for three (3) years or zoning which is not utilized within three (3) years reverting back to its prior zone to conform with the General Plan. Motion was made by Councilman Pate seconded by Councilman Silva and carr1ed that February 2, 1970 be set as a Public Hearing on said proposed Zoning Amendment. The Planning Commission Report further recommended rezoning 1.03 acres located at the southwest corner of Monterey Hig hway and Liman Avenue belonging to L. Pierce 01 iver from II1_Z11 to IIC_2" Dis- trict. Motion was made by Councilman Pate seconded by Councilman Silva and carried that February 2, 1970 be set as a Public Hearing on said proposed rezoning. The Planning Commission Report further recommended rezoning .82 acres located at the northwest corner of Leaves1ey Road and Mur- ray Avenue belonging to Warde D. Watson Realty Co. from R-A to C-1. Motion was made by Councilman Wentworth seconded by Councilman Silva and carried that February 2, 1970 be set as a Public Hearing on said proposed rezoning request of Warde D. Watson Realty Co. The Planning Commission Report further noted a Petition of Ernes t E. F i 1 ice to prezone 35 acres to IIR-411 to a 11 ow a Mobile Home Park located on Thomas Lan~adjoining Uvas Creek. Secretary of the 3066 Monthly Reports Planning Commission Henry noted that said petition had subsequently been withdrawn. The Planning Commission Report further noted approval of a Variance to Barney F. Ferranti to allow an IIM-211 use (Automotive Repair Shop) at the northeast corner of Sixth and Eig1eberry Streets" same subject to certain conditions as outlined; informed Council of a Conditional Use Permit granted Barney F. Ferranti to allow a gasoline pump and a free-standing sign at the northeast corner of Sixth and Eigleberry Streets; and noted Commissioner Berry elected as Chairman for 1970. - ... ... City Administrator Wood noted that the Summary of Monthly Reports of December 1969 would be presented at the next regular Council Meeting. .... Disbursements The Report of Disbursements from December 1 ~ 1969 to December 31, 1969 were noted and discussed. Salary Increases City Administrator Wood presented recommendations for Salary Merit Increases for the following seven (7) City Employees: (3 retro- active to January 1, 1970 and 4 to become effective February 1, 1970) Francisco Castro, Uti 1 i ty Man - Range 23.5 from Step IIBII $560. to Step "CII $587.; Robert Waters, Patrolman - Range 28.5, from Step IICII $749. to Step IIDII $786.; Arnold Wenneberg, Custodian - Range 23.5 from Step IIDII $617. to Step IIEII $647., retroactive to January 1, 1970; Max Knechtel and Albert Wilson, Utility Men, Range 23.5 from Step IIAII $533. to Step liB" $560.; Linda B1undo, Clerk Typist - Range 21, from Step "BII $495. to Step liB" $520. and Richard Lake, Patrolman - Range 28.5 from Step "C" $ 749. to Step "DII $ 786. to become effect i ve February 1 ~ 1970. Aud. Bonds ABAG Elections Budget Amend. So. Co. Conso1 i- da t i on Whitehurst Ave. name change Taxi App1ica- tion-Odus Bell Motion was made by Councilman Silva seconded by Councilman Pate and carried that the salary merit increases as recommended be approved. ... .... City Admin. Wood reported:on the Final Payment of Wheeler AuditorJum Bond Issue of 1940. City Administrator Wood reported on the Association of Bay Area Governments Elections requesting Council to return individual ballots to the City Clerk. City Administrator Wood requested an amendment to the 1969-70 Budget to increase Accounts 22A2 in the amount of $1,023.00 and Account 22B8 - $57.00 in regard to the Migrant Education Program. Motion was made by Councilman Pate seconded by Councilman Kennedy and carried that the 1969-70 Budget be amended as recommended. The contract covering the South County Consolidation Study was noted. Motion was made by Councilman Wentworth seconded by Councilman Silva and carried that the Mayor be authorized to ex~cute same on behalf of the City subject to the City Attorney's approval of same. ~ .." A Report in regard to the Board of Supervisors. a~tion in changing the name of Whitehurst Avenue easterly, to San Ysidro Avenue was noted. City Administrator Wood reported that further investigation is required in regard to the Taxi Appl ication for an Owner's Permit to operate a Taxi Business in the City by Odus J. Bell. ...... ...... - 1969-5 Water & Sanitary Ma i n Ex t. - - TOPICS Funds Res.#1436 - Ord.#877 rezoning 10th & Monterey """""" -..... Ord.#878 re: rezoning bet. 9th & 10th Sts. ....... - Res. #1437 re: Sotello Sidewalk Repair ... 306'7 Director of Publ ic Works-City Engineer Henry recommended acceptance of the 1969-5 Water & Sanitary Main Extensions Project for recordation of same subject to stipulations outlined. Motion was made by Councilman Pate seconded by Councilman Silva and carried that the 1969-5 Water & Sanitary Main Extensions Project be accepted with certain stipulations as outlined and recom- mended by the Director of Public Works. Director of Public Works-City Engineer Henry presented Resolu- tion No. 1436 requesting Allocation of TOPICS Funds from the Ca1 if. Highway Commission for Improvement of Fourth, Lewis and Monterey Streets. Motion was made by Councilman Kennedy seconded by Council- man Silva that Resolution No. 1436 be adopted. RESOLUTION NO. 1436 RESOLUTION REQUESTING ALLOCATION OF TOPICS FUNDS FROM THE CALIFORNIA HIGHWAY COMMISSION FOR THE IMPROVEMENT OF LEWIS STREET - FOURTH STREET AND MONTEREY STREET, PRIOR TO COMPLETION OF AN AREA-WIDE TOPICS PLAN. PASSED AND ADOPTED this 19th day of January, 1970, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Kennedy, and Goodrich. None Duff i n Pate, Silva, Wentworth, NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBER: Ordinance No. 877 Rezoning .48 Acres of Land located at the souths ide of Tenth Street approximately 450 feet west of Monterey Street from IIC-211 to IIR-311 District was presented for adoption. Motion was made by Councilman Pate seconded by Councilman Wentworth that the reading of Ordinance No. 877 be waived and that it be adopted. ORDINANCE NO. 877 ORDINANCE OF THE CITY OF GILROY AMENDI'NG THE ZONING ORDINANCE OF SAID CITY BY REZONING .48 ACRES ON THE SOUTHSIDE OF TENTH STREET APPROXI- MATELY 450 FEET WEST OF MONTEREY STREET FROM C2 DISTRICT TO R3 DISTRICT. PASSED AND ADOPTED this .19th day of January, 1970, by the following vO.te: AYES: COUNCIL MEMBERS: Batrez, Kennedy, and Goodrich. None Duffin Pate, Silva, Wentworth, NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Ordinance No. 878 Rezoning 1.72 Acres of Land located at the westerly one-half of the block between Ninth and Tenth Streets, Eig1e- berry, and Monterey Streets from C-2 to R-3 was presented for adoption. Motion was made by Councilman Pate seconded by Councilman Kennedy that the reading of Ordinance No. 878 be waived and that it be adopted. ORIDINANCE NO. 878 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING 1.72 ACRES LOCATED ON THE WESTERLY ONE-HALF OF THE BLOCK BETWEEN 9th, 10th, E1GLEBERRRY AND MONTEREY STREETS FROM C2 DISTRICT TO R3 DISTRICT. PASSED AND ADOPTED this 19th day of January, 1970, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Kennedy, and Goodrich. None Duff i n Pate, Silva, Wentworth, NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBER: Resolution No. 1437 Determining Assessment Payment for Side- walk Repair Lien of Mrs. E1 izabeth F. Sotel~o at 171'South Rosanna Street, Gilroy, was presented for adoption. Motion was made by Councilman Wentworth seconded by Councilman Kennedy that the reading of Resolution No~ 1437 be waived and that it be adopted. RESOLUTION NO. 1437 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING AND 3068 S.C.Co. Trans. Po 1 icy Com. Meet. Mini Minutes P1an.Po1icy Ex. Com. Mee t. Chamber of Commerce Le tte r Foley & Burke Carnival Li cense ADOPTING THE REPORT OF THE DIRECTOR OF PffiLIC WORKS OF THE CITY OF GILROY ON THE COST OF CONSTRUCTION OF SIDEWALKS PURSUANT TO CHAPTER 20, ARTICLE VI I OF THE GILROY CITY CODE, ASSESSING A PARCEL OF PROPERTY FOR THE COST OF CONSTRUCTION AND DETERMINATION OF PAYMENT OF ASSESSMENTS. PASSED AND ADOPTED this 19th day of January, 1970, by the following vote: AYES: COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBER: Batrez, Kennedy, and Goodrich. None Duffin Pate, Silva, Wentworth, The Minutes of the Santa Clara County Transportation Pol icy Committee Meeting of November 20, 1969 were noted and Representative Batrez reported on same. The Mini Minutes of Santa Clara County Planning Pol icy Exe- cutive Committee Meeting of December 18, 1969 were noted. A letter from the Gilroy Chamber of Commerce Board of Directors, was presented commending the City Council for their ex- cellent job and many hours expended on behalf of the City. A reques t of Foley & Burke for a Carn i va 1 Li cense at Town Plaza Shopping Center May 27-30, 1970 was presented. Motion was made by Councilman Kennedy seconded by Councilman Wentworth and carried that the request for a license be approved. Muncipa1 Finan- The Municipal Financial Consultant Report of J. Barth Co., cial Report - dated January 15, 1970 was noted. J. Barth Res. re: Sol id Waste Disposal Cancer Society so 1 i c i ta t i on Reservoir Outfall Burning within Carnadero Creek Ord. #879 rec Hecker Pass Morey Ave. Annex. The Resolution of Santa Clara County Planning Commission in regard to Sol id Waste Disposal Pol icy was tabled. A request of the American Cancer Society to Solicit Funds in the City during the Calendar Year of 1970 was presented. Motion was made by Councilman Wentworth seconded by Councilman Silva and car- ried that the request of the American Cancer Society to Solicit Funds in the City was approved specifically for the month of April 1970 on 1 y. Discussion was had in regard to the outfall at the Golf Course Reservoir. Councilman Wentworth requested Staff to check burning of brush, etc. within the Carnadero Creek adjacent to the Levee to determine that the timbers supporting same are not destroyed. The City Attorney presented Ordinance No. 879 annexing Hecker Pass Morey Avenue 69-1 Annexation to the City of Gilroy, noting same had been approved by LAFCO. Motion was made by Council- man Pate seconded by Councilman Silva that the reading of Ordinance No. 879 be waived and that it be adopted. ORDINANCE NO. 879 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS IIHECKER PASS-MOREY AVENUE 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 GOVERNMENT AND MUNICI- PAL CONTROL THEREOF. PASSED AND ADOPTED this 19th day of January, 1970, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Kennedy, Pate, Silva, Wentworth, and Goodrich. None Duffin NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBER: ... ... ... ... ... WIIIIIIi J .... ..... -... ...... ...- ~. \ - ",... ...... r 1 1 -- -"'~ I ' ~ J - ..... In tro. Ord. re: compul- sory Garbage Service Proposed 10th St. 70-1 Annexa t i on City.s square mi 1eage P rope rty ad j a- cent to Corp. Yard City.s Funds to remain in Loca 1 Ban ks Maciel Bros. Business Norths i de Park proper ty acq. Lutheran Church 1 i gh tin g reques t Stop Signs 3rd & Santa Theresa 1st St. & Mi 11er Ave. Signals 3069 The City Attorney presented a proposed ordinance amending Section 12.16 and adding Section 12.35 regarding compulsory Garbage Service. Motion was made by Councilman Pate seconded by Councilman Si lva and carried that the ordinance be introduced and pLb 1 ished by tit 1 e and summary. ( I t was noted tha t Counc i 1 man Wen twor th did not' enter into the discussion nor vote on the motion in regard to same, due to a conflicet of int~rest, as he is presently employed by the Garbage Company). City Admrnistrator Wood presented an annexation appl ication filed with the Local Agency Formation Commission. Council had no objection to said proposed anAexation. The Mayor noted that the square miles of the City in 1960 were 2.317 and January 1, 1970 calculated to be 4.885. City Administrator Wood reported on property for sale adja- cent to the City's Corporation Yard. Discussion was had in regard to same. Council instructed Staff to determine if there is a buyer for the property fronting on Sixth Street and the City possibly negotiate for the remainder of the property; if another buyer is not interested in said property that the City attempt to negotiate for the entire parcel and sell the remaining lands not needed by the City. City Administrator Wood reported on a request of the United Bank of California requesting deposit of City Funds in their Bank. Council confirmed their previous policy to keep all funds on deposit or invested through the three (3) local banks. City Administrator Wood presented photographs of the un- sightly business operation of Maciel Bros. located at the north City Limits. Discussion was had in regard to same. Council authorized Staff to proceed to take action on same under the Zoning Ordinance or, Abandon Vehlcle Ordinance for said violation of same. City Administrator Wood presented a letter from Frank Marquez, property owner of land needed within Northside Park Improvement Project. Council agreed that condemnation proceedings in regard to acquisition of said property would be required as the City has been unable to negotiate with Mr. Marquez at his price. City Administrator Wood noted a request of the Lutheran Church on Hecker Pass Highway for installation of a street light on the existing pole with the stipulations that the Church would pay the energy costs for a period of one year. Council had no objection to same. Discussion was had in regard to erection of arterial stop signs at Third Street and Santa Theresa Drive. Chief of Police Laizure reported and recommended that no stop signs be erected at said location. Director of Publ ic Works Henry noted that Staff would conduct traffic counts at said location. Discussion was had in regard to progress of the proposed signals for First Street and Miller Avenue. City Demol ition Councilman Pate inquired of the City's Demol ition Program Program reported to be eight additional buildings proposed to be demol ished. Staff reported that the building at Fifth and Church Streets was recently demol ished and that inspections are being continued of other sub-standard structures. .. 3070 Tire Operation Business Miller Ave. Crossing Speed Limit Signs-Hanna N. of 1st Res.#1438 NocParking 1 s t & Mon t. Street Signs Street Light on Monterey Street Councilman Pate inquired of the tire operation business north of the City conducting an illegal auto wrecking business at said location. Chief of Police Laizure noted that the local court had given the operator until January 20, 1970 to correct this viola- tion. ... ... Discussion was had in regard to the Miller Avenue Crossing Project withstanding the recent rains. Councilman Batrez suggested that a speed 1 imit sign be installed on Hanna Street north of First Street. ..... Director of Public Works Henry presented Resolution No. 1438 providing "No Parking" signs on Monterey Street at First and Monterey Streets. Motion was made by Councilman Kennedy seconded by Councilman Wentworth that the reading of Resolution No. 1438 be waived and that it be adopted. ... RESOLUTION NO. 1438 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY PROHIBITING PARKING ON THE WEST S I DE OF MONTEREY STREET FOR A D I STANCE OF 250 FEET NORTH AND 505 FEET SOUTH OF ITS INTERSECTION WITH FIRST STREET IN THE CITY OF GILROY. PASSED AND ADOPTED this 19th day of January, 1970, by the following vote: AYES: COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Batrez, Kennedy, and Goodrich None Duffin Pate, Silva, Wentworth, Director of Public Works Henry noted that he would have a report at a future meeting in regard to feasibil ity of placing street name signs. ~ The Mayor welcomed Mercury Newspaper Reporter, Will iam G1 i nes. I ... Fire Chief Brittain reminded Council Advisory Committee (Batrez, Pate, and Silva) of the January 21, 1970 scheduled work meeting of 8:00 p.m. in the Council Chambers. Parks & Recreation Director Ayer reminded Council to contact his Department if tickets are desired for the Gavi1an College Play January 23, 24, 30 and 31, 1970. The Mayor congratulated Planning Commissioner Berry on his recent Chairmanship appointment. The Mayor reported an electrolier street 1 ight out in front of Steinmetz' Store on Monterey Street .thought to have been missed on a recent replacement project. At 10:36 p.m. the Mayor adjourned the meeting. .... Respectfully submitted, ..... ( ) ....",. ~ (}J /J';'YI/JvL/ ? CJ te.c,4~,V City Clerk ...... ........