Minutes 1970/11/02
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Roll Call
Minutes
Taxicab
Cond.Use
Perm i t-
Guerra
Realty
3173
Gilroy, California
November 2, 1970
The Regular Meeting of the Gilroy City Council was called to
order by His Honor Mayor Norman B. Goodrich at 8:00 p.m.
Present: Council Members: Fred P. Batrez, George T. Duf~in,
Mark E. Kennedy, John E. Pate, Anthony C. Silva, Everett C. Wentworth,
and Norman B. Goodrich.
The Minutes of the Regular Meeting of October 19, 1970 were
approved as mailed and recorded.
An Application from Ernest W. Roush, 14720 Monterey Road,
San Martin, for a Taxicab Ownerls Permit to Operate Gilroy 'fellow Cab
was presented. Staff recommended that said application be appmved
immediately upon receipt of the insurance certificate since presently.
there is no taxi business in the City. Discussion was had in regard
to the matter. Mr. Cal Schlessinger, Manager of said taxi business,
addressed the Council noting that said taxi business would be ready
for operation within the next fourteen (14) days. Motion was made by
Councilman Wentworth seconded by Councilman Duffin and carried that the
application of Ernest W. Roush for a Taxicab Ownerls Permit to operate
Gilroy Yellow Cab be approved.
Mr. Schlessinger noted that the City's insurance requirement
for taxicab businesses was below the current state minimum requirement.
The City Attorney was instructed to review the City Code in regard to
the Cityl.s insurance requirement for Taxicab Businesses.
A protest was presented' from Guerira Realty .Company on behalf
of Carmen E. Filice, Petitioner Opposing the Decision of the Planning
Commission Granting a Conditional Use Permit Based Upon Certain Condi-
ti on s .
Mr. David V. Stout~ representing Guerra Realty Co., addressed
the Council explaining the protest'of the said conditional Use Permit.
Se'cretary of the Planning Commission Henry explained the
Commissionls reasons for granting said use permit and conditions thereof.
Mr. Dave Garcia, A.I.A.,:addressed the Council noting that it
was the intention to rearrange the remote buildings proposed for said
development toward a closer proximity to the parking area.
Discussion was had on the matter. by.Council.
Motion was made by' ,Councl lman .Wentworth seconded by Counci Iman
Duffin and carried tm t the density condition to reduce! to 12 units
per acre, maximum of 104 units, consisting of 24 one (1) bedroom, 64
two (2) bedroom and 16 three (3) bedroom units as recommended by the
Planning Commission be approved. Councilman'Batrez voted "no" on the
mot ion.
Mr. Stout, representing Guerra Realty Co;; addressed the
Council noting that it.would not be necessary for Council to take
further action in regard to the protest of the conditional use permit
as the action in regard to reduction of density to 12 units, etc.,
prohibits the developers to ptoceed iwiththe apartment complex proposal.
The City Attorney instructed Council to take action on the
subject for the record.
Motion was made by Cc!)uricilman Pate seconded by Counci lman
Kennedy and carried that the decision of the Planning Commission in'
regard to granting of the use permit based upon certain conditions as
317LJ
Li brary &
Culture
Com. Meet.
Personnel
Com. Report
P. &R. Com.
Report
Arch i tect re:
N.Side Pk.
Imp. ,
Sept. '70
Monthly
Reports
Disbursements
Annexation &
Dev.Pol icy
Res.#1525
I.O.O.F. Ave.
Traffic, etc.
Report
Nat'l Fire
Prevo Week
Pacheco Pass
Imp. 70-2
Res.#1526
outlined in Planning Commission Resolution No. 502 be approved and
that the protest of Guerra Realty Company on behalf of Carmen E. Filice
be denied.
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The Minutes of the October 6, 1970, Library and Culture Com-
mission Meeting were noted.
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The Report of the October 29" 1970 Per,sonnel Commiss i on Meet-
ing was noted.
The Report of the P,arks and Recreat i'on Commi ss ion October 20,
1970 Meeting was noted.
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The Mayor appointed Councilman Duffin to repr€sent the Council
on the Committee appointed by the Commission to select an architect for
the Northsfde Park Improvement.
The Summary of Monthly Reports of September 1970 was noted.
The Report of Disbursanents. from October I, 1970 to and in-
cluding October 31, 1970 was. noted.
City Administrator Wood presented a-Supplemental Report on
the proposed Annexation and Development Policy. Discussion was had in
regard to certain changes in the worclfng of same. Motion was made by
Councilman Wentworth seconded by Councilman Duffin that the proposed
annexation and development policy as corrected be approved and Resolu-
tion No. 1525 approving said policy be adopted.
RESOLUTION NO. 1525
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING AN ANNEXATION
AND DEVELOPMENT POLICY FOR THE CITY.
PASSED AND ADOPTED this 2nd day of November, 1970, by the following
vote:
AYES:
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?to:
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COUNCIL MEMBERS:
Batrez, Duffin, Kennedy,
Wentworth, and Goodrich
None
None.
Pate, Silva,
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
A supplemental report on traffic, loitering and littering en-
forcementon I.O.O.F. Avenue adjacent to the-high school was pre-
sented and explained by City Administrator Wood recommending hiring of
a Delinquency Control Officer and equipment estimated at $17,513.00
per year, with the school participating in 50% of the actual costs.
Discussion was had fn regard to the matter. ~t was noted by interested
property owners in. the area that the situati.on had improved very little
in the past two week period. Motion was made by Councilman Silva
seconded by Councilman Wentworth and carried that the recommendation
of the City Administrator to hire a Delinquency Control Officer be ap-
proved estimated cost at $17,513.00 per year, pr.oviding that the high
school participate on 50% of the actual cost of same.
The Fire Chiefls Report on National Fire Prevention Week
activities was presented and noted.
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Director of Public Works-City Engineer Henry requested final
acceptance of Pacheco Pass Improvement Project 1970-2 noting that
final cost for same to be $119,100.00 including all change orders and
that Contractor would be required to furnish a one (1) year Maintenance
Bond prior to acceptance of same. Motion was made by Councilman Duffin
seconded by Councilman Silva that Resolution No. 1526 accepting same
and directing the Engineer to record the Notice of Acceptance be adopted.
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Garage Sales
Ord. #900
Ord. #901 re:
regulating
parades, etc.
Gav i 1 an Co II ege
request for
Parade
Minutes-Plan.
Pol. Com.
Exec. Com.
Measure A.
3175
RESOLUTION NO. 1526
A RESOLUTION ACCEPTING COMPLETION AND DIRECTING ENGINEER TO FILE
NOTICE OF ACCEPTANCE OF COMPLETION - PACHECO PASS IMPROVEMENT DISTRICT -
PROJECT NO. 1970- 2.
PASSED AND ADOPTED this 2nd day of November, 1970, by the following vote:
AYES: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Pate, Silva, Went-
worth, and Goodrich
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
NOES:
ABSENT:
Mrs. Allyce Provost of Diane Court addressed the Council in
opposition to the proposed ordinance amending Section l3.1(b) of the
City Code pertaining to Business Licenses so as to provide for, define,
and regulate garage sales. Mrs. Provost objected to the provision
regulating one garage sale per property owner per year.
Council discussion was had in regard to said proposed
ordinance.
Motion was made by Councilman Duffin seconded by Councilman
Wentworth that the reading of Ordinance No. 900 be waived and that it
be adopted.
ORDINANCE NO. 900
AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION l3.1(b) OF THE
CITY CODE PERTAINING TO BUSI NESS LICENSES SO AS TO PROVIDE FOR, DEFINE,
AND REGULATE GARAGE SALES.
PASSED AND'ADOPTED this 2nd day of November, 1970, by the following.
vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Pate, Silva, Went-
worth and Goodrich
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
The City Attorney presented Ordinance No. 901, previously
introduced and published by title and summary. Motion was made by
Councilman Wentworth seconded by Councilman Pate that Ordinance No.
901 be adopted.
ORDINANCE NO. 901
AN ORDINANCE OF THE CITY OF GILROY REGULATING PARADES, MEETINGS,
ASSEMBLIES, AND SOUND AMPLIFYING SYSTEMS IN PUBLIC PLACES, PROVIDING
FOR THE ISSUANCE OF PERMITS THEREFOR, AND PROVIDING PENALTIES FOR ITS
VIOLATION.
PASSED AND ADOPTED this 2nd day of November, 1970, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Pate, Silva, Went-
worth and Goodrich
COUNCIL MEMBERS: None
COUNCil MEMBERS: None
City Administrator Wood presented a request of Gavilan Col-
lege Parade Chairman to conduct a parade on November 3, 1970. Motion
was made by Councilman Duffin seconded by Councilman Wentworth and
carried that said request to conduct'a patade be granted.
The Mayor and Council noted their opposition of parades
using the City Fire or Police Sirens.
The Mini Minutes of the Planning Poli.cy Committees' Executive
Committee Meeting of October 22, 1970 were noted.
The Communication from the Board of Supervisors in regard to
Measure "A" was noted.
3176
State Hwy 152 The letter from the State Division of Highways in regard to
the relinquishment of a portion of State Route 152 (Old Gilroy St.)
was noted...
Industrial
Day
Gilroy Apts.
Community
Act ion
Program
Northwood
Sub.Lift
Stn.
Golf Course
Uom.Meet.
Golf Course
Mill e r Ave.
Crossing
Civil Defense
Dri 11
Rec.Bldg. re:
Apt. com-
plex
Luchessa Ave.
garbage
dumping
Inter-City
Counc i 1
Adjournment
Youth Ap-
preciation
Week
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A letter from the Gilroy Chamber of Commerce was presented
in regard to the City cooperating with .the Chamber on the recent
Industrial Day (October 22, 1970) activities was noted.
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A letter from Bankersl Mortgage 00. of California, in regard
to Rental Committments to the City on Gilroy Apartments, Ltd. was noted.
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The information on Community Action Program, mailed to
each Council Member prior .to this meetingls agenda was noted.
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City Admi n i strator Wood recommended purchase of a used Li ft
Station from the City of Mountain View in the amount of $3,500 to be in-
stalled at the Northwood Unit #2 Subdivision, noting that said develop-
er paid the City $10,000 for the installation of said station; that
the final cost,for installation .of said Lift Station would be in the
approximate amount of $10,000 which would incl~de engineering, labor,
and etc. Motion was made by Councilman Duffin seconded by Council-
man Pate and carried that the used Lift Station be purchased from the
City of Mountain View in the amount of $3,500 as recommended.
Council set November 9, 1970 at 5:00 p.m. as the Council
Golf Course Committee Meeting with the Golf Course Board of Directors
in regard to dues, fees, etc.
Councilman Silva inquired of the tile installation at the
Golf Course. Staff noted that the Golf Course will provide a portion
of the labor and materials and the City will provide a portion of the
labor.
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Councilman Silva inquired of the cement needed for cqmpletion
of the Miller Avenue Creek Crossing.
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Staff notified Council of a Civil Defense Drill scheduled for
Thursday, November 5, 1970 time and place not,announced.
Planning Commissioner representative DeBell noted that the
Planning Commission is presently studying an'amendment-to the Zoning
Ordinance for regulating construction and size of recreation building
proposed for future complex type apartments.
Planning Commission Representative DeBell requested the
Police Department to issue citations for persons illegally dumping
garbage along Luchessa Avenue.
The Mayor noted the Inter-City Council Meeti~g of November 5,
1970 in Los Gatos. Council noted that they would contact the Mayor if
they decided to attend same.
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At 10:23 p.m. the Mayor adjourned the meeting.
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Respectfully submitted,
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d?/'t<:Jtv~ ~
City Clerk
City Administrator Wood presented and read a proclamation
from the Gilroy Optimist Club proclaiming Youth Appreciation Week.
Motion was made by Councilman Kennedy seconded by Councilman Pate and'
carried that the Mayor proclaim Youth Appreciation Week as outlined in
said proclamation.
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