Minutes 1970/02/16
3076
Roll Call
Gilroy, California
February 16, 1970
The Regular Meeting of the Gilroy City Council was called to
order by His Honor Norman B.Goodrich at 8:00 p.m.
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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.
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Mayor Protempore Duffin presented a Certificate of Service
to retired Planning Commissioner; Dale B. Connell.
Certificate of
Service-
Conne 11
Minutes
10th St.
Annex.
Plan. Com.
2/5/70
N. Side Pk.
Acq.
IIII'IIIl\
I
The Minutes of the Regular Council Meeting of February 2,
1970 were approved as mailed and recorded.
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The proposed petition from Post Development Co., Inc. for
annexation of uninhabited Territory located on the south side of
Tenth Street between Alexander Street and proposed Freeway, contain-
ing 1.256 acres to be known as IITenth Street Annexation 70-1'1 was
continued to the next regular Council Meeting, noting that said
petition had not been received to date.
Meet. Secretary of the Planning Commission Henry presented and ex-
plained the Report of the Planning Commission meeting of February 5,
1970 noting the petition of Ernest E. Filice to prezone 35 acres
IIR_411 to allow a Mobi le Home Park on Thomas Lane adjoining Uvas
Creek was withdrawn and that one-half of the application fee would
be refunded; noted a continued Public Hearing on the petition of
Warde D. Watson Realty Co. for a Conditional Use Permit to allow a
Service Station at the northwest corner of Leaves1ey Road and Murray
Avenue; informed Council of a Conditional Use Permit granted Mrs. Guy
Phillips to allow boarding a maximum of four. (4) persons under the
Residential Care Homes for the Aging Program now established by the
County of Santa Clara in an IIR-111 District at 8160 Oak Court.
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City Administrator Wood noted that the letter from Mrs. G.
Crow noted on the Agenda was in the form of a protest to said Condi-
tional Use Permit.
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The Mayor informed Mr. & Mrs. Phill ips, present in the audience, that
the Conditional Use Permit granted by the Planning Commission is valid at
this time unless opposed at a future date.
Secretary of the Planning Commission Henry further noted that
the Commission appointed their Capital Improvement Program Committee
noting that the Charter requirement of presenting said Capital Im-
provement Program to Council by March 1, 1970 would not be possible.
City Administrator Wood deviated from the Agenda in order to
hear from Mr. Frank Marquez in regard to the City purchase of his
property for Northside Park Improvement. Mr. Marquez addressed the
Council requesting $13,750.00 for said property. It was noted by
Staff that Council prevfous1y offered $13,500.00 for said property.
Motion was made by Councilman Batrez seconded by Councilman Silva
and carried that the City purchase Mr. Frank Marquez. property in the
amount of $13,750.00 to include removal of all structures and appur-
tenances by the seller; $1,000.00 of the above amount to be withheld
until the seller demo1 ishes structures pn tge prp~erty and cJeams up
the side within 60 days following the close of escrow.
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Salary Increases City Administrator Wood presented a request for Salary Merit
Increases for the following eight (8) City Employees:
Lupe Martinez, Clerk-Typist
William Miles, Patrolman
Range
21
28.5
~
B
D
-
Amount
$495
$786
Step
C
E
Amount
$520
$825
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r
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3077
Leonard Wa1tmeyer, Patrolman
David Bibler, Fireman-Eng.
James Seip, Fireman-Eng.
Mary Jo Hays, Planning Ass't
Richard Cox, Draftsman
Tom Gutierrez, Sr. Uti1 ity Man
Range
28.5
27.5
27.5
31
28
25
Step
B
D
D
B
C
C
Amount
$749
$786
$786
$846
$767
$663
Amount
$713
$749
$749
$805
$731
$631
Step
C
E
E
C
D
D
Motion was made by Councilman Pate seconded by Councilman
Wentworth and carried that the salaries be increased as outl ired
above for the eight (8) City Employees requested to become effective
March 1, 1970.
Disbursements A Report of Disbursements from January 1, 1970 through
January 31, 1970 was noted and discussed,
Water Samples
Parks Dept.
Personnel
Burglar Alarm
Panel
Agricultural
Preserve
AMBAg and
ABAG
Me d i ca 1 Ins.
refund
Li tt 1 e League
Intro. Student
Tra i nee
Street Signs
A Report of satisfactory Water Samples taken on January 13
and 18, 1970 was noted.
City Administrator Wood presented a request of the Parks &
Recreation Director for 3 part-time Parks Department personnel.
Discussion was had in regard to same. Motion was made by Councilman
Kennedy seconded by Councilman Silva and carried that three (3)
part-time employees be authorized in the Parks Department.
City Administrator Wood presented a Report of the Police
Chief in regard to the Burglar Alarm Panel. Chief of Pol ice Laizure
further explained same. Council continued action in this regard to
the next regular meeting in order to obtain a report of the Pol ice
Chief in regard to increase rates to customers using said faci1 ity.
City Administrator Wood reported on scheduled hearings before
the Board of Supervisors in regard to Agricultural Preserve Agree-
ments. Discussion was had on the matter. Motion was made by Council-
man Pate seconded by Councilman Wentworth and carried that the City
protest the four (4) parcels outli~d by the City Admini~trator
entering into an Agreement with the County as Agricultural Preserve
lands, and recommended review of other'parce1s within the immediate
Gilroy Planning Area.
City Administrator reported on a recent meeting with AMBAG
and ABAG in regard to a Preliminary Application for a Comprehensive
Water Quality Management investigation of Monterey Bay and Tributaries.
City Administrator Wood reported on a refund from the
Employees' Group Life and Medical Insurance Program. Motion was
made by Councilman Pate seconded by Councilman Duffin and carried
that employee members under the Medical Insurance Program of the
City be refunded same as outlined.
City Administrator Wood presented a report on Little League
Arrangements.. Director of Parks & Recreation Ayer further explained
the program. Mot10n was made by Councilman Duffin seconded by
Councilman Silva and carried that the Little League Program as out-
1 ined be approved.
The Mayor introduced John Magee, student intern trainee from
San Jose State College presently working with the Parks and Recrea-
t i on Departmen t.
Director of Public Works Henry presented sample materials
proposed for the new ,Street Signs. Discussion was had. Motion was
made by Councilman Pate secondediby Councilman Duffin and carried
that purchase of a used sign applicator as described by Staff be
authorized if same is available, up to a maximum of $750.00 noting
if additional funds are needed that same be referred:to Council for
approval. ,It was also noted that Council selected the white on green
3078
Sunnyhil1s
Center
Inc. ;Dev.
Agree.
(Kavanagh}; ,
Ord.#881
L. Pierce
01 iver re-
zoning
Ord. #882
Rezoning
Watson
Realty
Ord, #883 re:
Sec. 32.9 &
33.9 Zon.
Ord.
reflector type sign as presented.
Director of Public Works Henry presented and explained a
proposed Development for Sunnyhi11s Center, Inc. (Kavanagh) located ...
on I.O.O.F. and Murray Avenues. City Administrator Wood informed
Council that an Assessment District would be required if Chestnut ..
Street is further extended; and that the City would be required to
remove a house presently located within said plan 1 ines. Motion was
made by Councilman Kennedy seconded by Councilman Batrez and carried
that the Mayor and Staff be authorized to execute the Development
Agreement for Sunnyhi11s Center, Inc. as presented to include stipulations
as outlined.
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The City Attorney presented Ordinance No. 881 previously in-
troduced and published by title and summary rezoning 1.03 acres of
property from 1-2 (Interim Zone) to C-1 (Neighborhood Commercial
District) located at the southwest corner of Liman Avenue and Leaves-
ley Road belonging to L. Pierce 01 iver. Motion was made by Councilman
Duffin seconded by Councilman Wentworth that the reading of Ordinance
No. 881 be waived and that it be adopted.
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ORDINANCE NO. 881
ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF
SAID CITY BY REZONING 1.03 ACRES MORE OR LESS AT THE SOUTHWEST CORNER
OF LIMAN AVENUE AND MONTEREY ROAD FROM IZ DISTRICT TO CI DISTRICT.
PASSED AND ADOPTED THIS 16th day of February; 1970 by the following
vote:
AYES:
COUNCIL MEMBERS:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Batrez, Duffin, Kennedy,
Wentworth, and Goodrich
None
None
Pate, Silva,
The City Attorney presented and explained Ordinance No. 882
previously introduced and pub! ished by title and summary, rezoning
.82 acres of property from R-A (Residence Agricultural District) to
C-1 (Neighborhood Commercial District) located at the northwest
corner of Murray Avenue and Leaves1ey Road. Motion was made by
Councilman Pate seconded by Councilman Wentworth that the reading of
Ordinance No. 882 be waived and that it be adopted.
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ORDINANCE NO. 882
ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF
SAID CITY BY REZONING ,82 ACRES MORE OR LESS AT THE NORTHWEST CORNER
OF MURRAY AVENUE AND LEAVESlEY ROAD FROM RA DISTRICT TO CI DISTRICT.
PASSED AND ADOPTED this 16th day of February, 1970, by the following
vote:
AYES:
COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Pate, Silva,
Wentworth, and Goodrich
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
NOES:
ABSENT:
The City Attorney presented and explained Ordinance No. 883
amending Sections 32.9 and 33,9 of the Zoning Ordinance providing
if C-l and C-2 zones remain undeveloped for three (3) years same may
be rezoned either to their original zone or to conform to the General
Plan. Motion was made by Councilman Pate seconded by Councilman
Silva that the reading of Ordinance No. 883 be waived and that it be
adopted.
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..,;
ORDINANCE NO. 883
ORDINANCE OF THE CITY OF GILROY AMENDING SECTIONS 32.9 AND 33,9 OF
THE ZONING ORDINANCE SO AS TO PROVIDE, THAT IF CI AND C2 ZONES
REMAIN UNDEVELOPED FOR THREE YEARS THEY MAY BE REZONED EITHER TO THEIR
ORIGINAL ZONE OR TO CONFORM TO THE GENERAL PLAN.
PASSED AND ADOPTED this 16th day of February, 1970 by the following
vote:
AYES:
-
-
COUNCIL MEMBERS:
NOES:
ABS ENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Batrez, Duffin, Kennedy,
Wentworth, and Goodrich
None
None
Pate, Silva,
Plan. Com.
apptm't
(Acevez)
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Trans. Pol icy
Com. Minutes
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S.C. County's
Po 1 icy Com.
& Exec. Com.
Mee ts.
Variance-J.
Rocca
Coin-O-Mat
Sewer Chg.
protest
3079
The Mayor submitted the name of Guadalupe Aceves, Jr. for
appointment to the Planning Commission to fill the unexpired term of
Dale B. Connell (1-1-72). He asked if any of the Council had other
names to submit for said appointment. There was no comment. Motion
was made by Councilman Kennedy seconded by Councilman Pate and car-
ried that Guadalupe Aceves~ Jr.be appointed Planning Commissioner to
fill the unexpired term of Dale B. Connell (1-1-72).
The Minutes of the Transportation Pol icy Committee Meeting
of January 14, 1970 were noted. Representative Batrez reported on
said minutes.
The Mini Minutes of Santa Clara County's Policy Committee
and Executive Committee Meetings of January 22, 1970 were noted.
Representative Kennedy reported on same,
A letter from Jack E. Rocca was presented requesting a one (1)
foot fence Variance for property located at 358 - 2nd Street. Motion
was made by Councilman Wentworth seconded by Councilman Silva and
carried that the one (1) foot fence variance be granted Mr. Jack E.
Rocca for property located at 358 - 2nd Street as requested.
City Administrator Wood presented a letter appeal of Coin-O-
Mat, Inc. owner protesting sewer charges of said local business.
Discussion was had. Council requested Staff to investigate this
matter and report back to Council.
P.G. & E. rate A letter from P. G. & E. was presented and noted in regard to
increase rate increase under application to~e Public Util ities Commission.
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10th St. excess A letter from the County of Santa Clara was presented in
land residuals regard to Tenth Street excess land residuals. Discussion was had
Res.#1442 on the matter. Council noted that the City would not be interested
in purchasing said lands as this time.
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Bonanza Days
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Condo Use-
G. Phillips
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Motion was made by Councilman Wentworth seconded by Council-
man Duff,in that the reading of Resolution No. 1442 be waived and that
it be adopted authorizing the transfer of former Golden State Tele-
phone Co. lands to the County.
RESOLUTION NO. 1442
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING
TRANSFER OF RESIDUAL LANDS OF FORMER GOLDEN STATE TELEPHONE COMPANY
TO COUNTY OF SANTA CLARA.
PASSED AND ADOPTED this 16th day of February, 1970 by the following
vote:
AYES:
COUNCIL MEMBERS:
Batrez, Duffin, Kennedy,
Wentworth, and Goodrich
None
None
Pate, Silva,
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
A letter from Bonanza bays Committee was presented requesting
use of Christmas Hill Park June 22-28, 1970. Discussion was had.
Motion was made by Councilman Pate seconded by Councilman Kennedy and
carried that Bonanza Days. Committee be granted use of Christmas Hill
Park June 22 - 28, 1970 on a non-exclusive basis for said dates pro-
vided said activities are coordinated with the Parks & Recreation
Director and that any conflicting activities be referred to Council.
It was noted that the letter of protest from Mrs. G. Crow in
regard to the Conditional Use Permit for Elderly Care Home at 8160
Oak Court was previously discussed under the Planning Commission
Report.
1
3080
10th St.
Agree.
ABAG Meeting
Improve. 4th
Tee-Golf
Course
Solid Waste
Di sp.
Disclosure
of Assets
Stream-
1 in ing
Council
Agendas
In te r- City
Counc i 1
Tour
Adjourned
City Administrator Wood requested Council confirmation on an
Agreement; previously eptered into with George Kishimura in regard to
property on Tenth Street. Motion was made by Councilman Duffin
seconded by Councilman Wentworth and carried that a request for a
reasonable Variance at said location would be, considered on its own
merits regarless of property owners.
Councilmen Duffin and Wentworth noted that they would attend
the ABAG Meeting of February 19, 1970.
Discussion was had in regard to the proposed improvement of
the 4th Tee at the Gilroy Golf Course. Discussion was had. Council
requested Staff to determine if the City had previously agreed to
improve same or if this was the Gilroy Golf Clubs' responsibil ity.
City Administrator Wood noted that the City agreed 'to purchase the
land needed for this improvement; however, actual improvement was
bel ieved to be the Golf Course responsibil ity.
Councilman Wentworth reported on a Solid Waste Disposal Study
mee tin g .
Discussion was had in regard to opinion of the State Require-
ment of Disclosure of Assets of Public Officials.
Councilman Pate inquired as to the possibi1 ity of routine
Council agenda items setting public hearings, etc. being completed
by Staff. The City Attorney noted the possibility of said matters
being completed by one motion of the Council. Council requested
Staff to submit a proposal on streamlining Council's agenda.
The Mayor requested six (6) reservations for City Officials
planning to attend the Inter-City Council Meeting of March 4, 1970
in Sacramento, State Capitol Bldg. tour, hoting they would not be
attending the dinner meeting of said date.
At 11:20 p.m. motion was made by Councilman Wentworth seconded
by Councilman Kennedy and carried that the meeting adjourn to February
18, 1970 at 4:00 p.m. to further discuss additional parcels proposed
under the Agricultural Preserve Agreements with the County.
Respectfully submitted,
0fUJ-.J 0 . eI1;;:.1
Ci ty Clerk '