Minutes 1970/12/21
3188
Roll Call
Minutes
Bids re:
Pol ice
Vehicle
Pub.Hear.re:
70-71 Weed
Abatement
Gilroy, Cal ifornia
December 21, 1970
The Regu 1 ar Meet i ng of the G i 1 roy City Counc i,l was ca 11 ed to
order by His Honor Mayor Norman B. Goodrich at 8:00 p.m.
Present: Council Members: Fred P. Batrez, George T. Duffin,
Mark E. Kennedy, John E. Pate, Anthony C. S i 1 va, Everett C. Wen.tworth.,
and Norman B. Goodrich.
The Minutes of the Regular Meeting of December 7, 1970 were
approved as mailed and recorded.
Purchasing Agent Reinsch reported on the following bids re-
ceived on December 17, 1970 for. one (1) police sedan: 1) Byers-White
Corp. - $3,.134.25; 2) Marx Chevrolet-Buick - $3,173.21; 3) Bob Lynch
Ford - $3,222.76. Motion was made by Councilman Duffin seconded by
Councilman Wentworth and carried that the low bid of Byers-White
Corp. in the amount of $3,134.25 for one pol ice sedan be approved and
awarded.
"
The Mayor stated that it was the time and place scheduled for
a Pu~ ic Hearing on the 1970-71 Weed Abatement Program. The Mayor
asked if there was anyone in the audienc~ wishing to speak for or
against said program. There was no comment from anyone in the
audience. Motion was made by Councilman Pate seconded by Councilman
Wentworth and carried that the Public Hearing be closed. Resolution
~;--....
.........
Marcella Ave.
Annex. 70-7
3189
No. 1536 Ordering Destruction of Weeds was presented. Motion was
made by Councilman Kennedy seconded by Councilman Pate that Resolution
No. 1536 be adopted.
RESOLUTION NO. 1536
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY INSTRUCTING THE CHIEF
OF THE FIRE DEPARTMENT TO ABATE NUISANCE ARISING OUT OF WEEDS GROWING
UPON LOTS OR IN FRONT OF PROPERTY IN THE CITY OF GILROY AS REQUIRED
BY SECTION 5 OF ORDINANCE NO. 754.
PASSED AND ADOPTED by the City Council of the City of Gilroy at a
regular meeting held on the 21st day of December, 1970, by the
followin.g vote:
AYES: COUNC I L MEMBERS:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Batrez, Duffin, Kennedy,
Wentworth, and Goodrich
None
None
Pate, Silva,
City Administrator Wood noted a request from petitioners to
continue said annexation petition (Ernest Bellezza, et al) for 75.555
acres of property located in the vicinity of Marcella Avenue and
Leavesley Road ("Marcella Avenue Annex. 70-]11) to January 18, 1971
Regular Council Meeting. Council had no objection to same.
Library & Culture The Minutes of the Library and Culture Commission1s Regular
Meet. Meeting of December 1, 1970 were noted.
12/ 1/70
Personnel
Com. Report
12/ 1 7/70
,.,..,..,....
P & R Com.
Report
12/15/70
....
The Report of the Personnel Commission's Meeting of December
17, 1970 was noted. Discussion was had in regard to the classifica-
tion of Senior Account Clerk.
The Report of the Parks and Recreation Commission's Meeting
of December 15, 1970 was noted. Discussion was had in regard to the
Street Tree Ordinance.
Salary Increases City Administrator Wood recommended the following Merit Step
Salary Increases for the following City Employees: Joseph Young,
Util ity Man - Range 25, from Step "A", $573 to Step "B" $602 (ef-
fective December 1, 1970); and Francisco Castro, Util ity Man -
Range 25 from Step "C11 $631 to Step "D" $663; Kenneth Maxwell,
Patrolman - Range 30, Step "A" $731 to Step "B" $767; and Michael
J. Pel 1 in, Pol ice Cadet,.. Range 19, Step "B" $449 to Step "C" $472,
effective January 1, 1971. Motion was made by Councilman Wentworth
seconded by Councilman Silva and carried that said merit step salary
increases be approved.
Mantelli Annex.
70-14
N.Side Park
add'l land
acquisition
:....._-~-.....
Reservoir Site
"B" Acq.
Fire Head-
quarters
Station
City Administrator Wood reported on an annexation application
filed with the Local Agency Formation Commission to be known as
"Mantell i No.2 Annexation 70-14 to the Ci ty of Gi 1 roy." Counci 1 had
no objection to the filing of said application.
City Administrator Wood presented a Supplementary Report in
regard to a parcel of land adjoining Northside Park (Deanda Property)
noting three (3) proposals for the future alignment of Hanna Street
extension as requested by Council. Discussion was had on the matter.
Council noted that all three proposals affect said parcel, and that
Council decision as to said proposed alignment will be decided at a
future date. Motion was made by Councilman Duffin seconded by Counc il-
man Batrez and carried that Staff be authorized to submit a minimum
bid of $2,500 for purchase of said Deanda parcel.
City Administrator Wood reported on the acquisition of Reser-
voi r "B". Motion was made by Counci Iman Pate seconded by Counci Iman
Wentworth and carried that Staff be authorized to accept title of
said land acquisition and that a letter of thanks be written the
OIConnell fami ly for this donation to the ci ty.
Mr. Robert Wong, AlA, presented the plans and specifications
for the new (ire ~eadquarters Station requesting author,ization to call
3190
P & R Budget
Amendmt
20C2
Proj. #566
Ord.#902 re:
rezoning
N. Farrell
Ave.
Ord. #903 re:
rezoning adj.
Golden Gate
Avenue
Ord.#904 re:
rezoning
Gen try
Corp.
bids for same. Discussion was had on the matter. Motion was made
by Co.unci lman Duffin seconded by Counci Iman Wentworth and carri.ed
that the plans and specifications as presented for the new Fire Head-
quarters Station be approved and that authorization be given for the
call for bids on January 18, 1971; contract to be awarded at the
February 1, 1971, Counci.l Meeting.
..
...
A report on the funding of Parks and Recreation Department's
Beautification Project was presented requesting a Budget Amendment
to Account 20C2 in the amount of $7,820. Discussion was had on the
matter. Motion was made by Councilman Batrez seconded by Councilman
Pate and carried that the 1970-71 Budget be amended to increase
Account 20C2 in the amount of $7,820 as requested.
....
Heard Report on a Proposal to Obtain Rights of Entries in
Cooperation with Flood Control Project No. 566. Discussion was had
in regard to said matter. Motion was made by Counci lman Kennedy
seconded by Councilman Silva and carried that the City Administrator
be authorized to proceed with said proposal as outlined.
-
Ordinance No. 902 rezoning from "C-2" and "R-4" to "R-l" a
parcel of land located approximate.1y 850 feet north of Farrell Avenue
on the west side and adjacent to Monterey Street was presented.
Motion was made by Councilman Wentworth seconded by Councilman Pate
that Ordinance No. 902 be adopted.
ORDINANCE NO. 902
ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF
SAID CITY BY REZONING A 16.44 ACRE PARCEL LOCATED APPROXIMATELY 850
FEET NORTH OF FARRELL AVENUE ON THE WEST SIDE OF MONTEREY HIGHWAY
FROM C2 AND R4 DISTRICTS TO Rl DISTRICT TO CONFORM TO THE GENERAL
PLAN.
PASSED AND ADOPTED this 21st day of December, 1970, by the following
vote:
AYES:
COUNCIL MEMBERS:
Batrez, Duffin, Kennedy,
Wentworth and Goodrich
None
None
....
Pate, Silva,
-
NOES:
ABS ENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ordinance No. 903 rezoning from R-4 to Rl, 27.5 acres
located north of and adjacen~ to Golden Gate Avenue was presented.
Motion was made by Councilman Pate seconded by Councilman Wentworth
that Ordinance No. 903 be adopted.
ORDINANCE NO. 903
ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF
SAID CITY BY REZONING A 27.5 ACRE PARCEL LOCATED AT THE NORTHWEST
CORNER OF MONTEREY ROAD AND GOLDEN GATE AVENUE FROM R4 DISTRICT TO
Rl DISTRICT TO CONFORM TO THE GENERAL PLAN.
PASSED AND ADOPTED this 21st day of December, 1970, by the following
vote:
AYES:
COUNCIL MEMBERS:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Batrez, Duffin, Kennedy,
worth, and Goodrich
None
None
Pate, Silva, Went-
Ordinance No. 904 rezoning from "l-Z" to "M_21I, 14.92 acres
located south of and adjacent to Pacheco Pass Highway known as
Gentry Corp. was presented. Motion was made by Councilman Batrez
seconded by Councilman Silva that Ordinance No. 904 be adopted.
.
...
....
ORDINANCE NO. 904
ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID
CITY BY REZONING A 14.92 ACRE PARCEL LOCATED ON THE SOUTH SIDE OF
PACHECO PASS HIGHWAY OWNED By'GENTRY CORPORATION FROM IZ DISTRICT TO ...
M2 DISTRICT TO CONFORM TO THE GENERAL PLAN AND ITS CURRENT USE.
PASSED AND ADOPTED this 21st day of December, 1970, by the following ...
vote:
AYES: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Pate, Silva, Went-
worth, and Goodrich .
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Ord. #905 re:
rezoning
Gilroy Foods
~",A
~."..'''*
........
Comm i s s i on
appoint-
ments
I - 71 to
1-75
.~,,'"'''*'
-
".,.. ......
i.. ,....
Res.#1537
Demo 1 i t i on
cabins-7th
& East Sts.
1
3191
Ordinance No. 905 rezoning from "L_z" to IM_2", 27.178 acres
located south of and a~ acent to Pacheco Pass Highway, known as
Gilroy Foods, Inc. was presented. Motion was made by Councilman
Kennedy seconded by Councilman Duffin that Ordinance No. 905 be
adopted.
ORDINANCE NO. 905
ORDINANCE OF THE CITY OF GILROY AMENDLNG THE ZONING ORDINANCE OF
SAID CITY BY REZONING A 27.178 ACRE PARCEL LOCATED ON THE SOUTH SIDE
OF PACHECO PASS HIGHWAY OWNED BY ,GILROY FOODS, INC. FROM IZ DISTRICT
TO M2 DISTRICT TO CONFORM TO THE GENERAL PLAN AND ITS CURRENT USE.
PASSED AND ADOPTED this 21st day of December, 1970, by the following
vote:
AYES:
COUNCIL MEMBERS:
Batrez, Duffin, Kennedy,
Wentworth and Goodrich
None
None
Pate, Silva,
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
The Mayor noted that this was the time to appoint City Com-
missioners to terms expiring January I, 1971. The Mayor noted that
Mr. Howard Smith, Library and Culture Commissioner was el igible for
reappointment. Motion was made 'by Councilman Pate seconded by
Councilman Duffin and carried that Mr. Howard Smith be reappointed
as Library and Culture Commissioner for a full four year term expiring
January I, 1975; the Mayor reported that Mrs. Edmund H. Richard, Jr.
has declined a reappointment on said Commission, and that the following
names were submitted for said replacement: John Porter, Ruth
Habing and Mrs. Otmar Silberstein. Motion was made by Councilman
Wentworth and seconded by Councilman Kennedy and carried that Mr. John
Porter be appointed as Library and Culture Commissioner for a full
four year term expiring January 1, 1975; the Mayor noted that Mr.
Floyd Serrano, Parks and Recreation Commissioner was eligible for
reappointment. Motion was made by Councilman Batrez seconded by
Councilman Kennedy and carried that Mr. Floyd Serrano be reappointed
as Parks and RecreationCommfssioner for a full four year term
expiring January 1, 1975; the Mayor noted that Mr. Masaru Kunimura
had served two full terms and was not eligible for reappointment on
the Parks and Recreation Commission and submitted the following
names for his replacement: Frank Ginelli, Gerald McConnon, Robert
I nfe 1 i se, and Dan Matranga. Motion was made by Counc i lman Pate
seconded by Councilman Wentworth and carried.that :Mr. Frank Ginelli
be appointed Parks and Recreation Commissioner fora full fur jiear,
term expiring January I, 1975. The Mayor noted that Mr. Donald
Dillehay was eligible for reappointment on the Personnel Commission.
Motion was made by Councilman Duffin seconded by Councilman Wentworth
end carried that Mr. Donald Dillehay be reappointed Personnel Com-
missioner for a full four year term expiring January 1, 1975. The
Mayor noted that Mr. Joseph Gubser Jr. had declined a reappointment
on the Personnel Commission and submitted the name of Mr. Don
Gallagher for said replacement. Motion was made by Councilman Batrez
seconded by Councilman Silva and carried that Mr. Donald Gall~gher
be appointed Personnel Commissioner for a four year term expiring
January lr 1975. The Mayor noted that Planning Commissioners
Dale Stephenson and Dennis DeSellwere eligible for r.eappointment to
said Commission. Motion was made by Councilman Batrez seconded by
Councilman Wentworth and carried that Mr. Dale Stephenson be ap-
pointed for a four year term on the Planning Commission expJring
January 1, 1975. Motion was made by Counci lman .Kennedy seconded by
Councilman Silva and carried that Mr. Dennis DeBell be appointed to a
four year term on the Planning Commission expiring January 1, 1975.
City Administrator Wood presented a Resolution Ordering Demo-
lition of cabins at SeNenth and East Streets. Councilman Wentworth
did not enter into the discussion nor vote on the following resolu-
tion due to a confLict of interest since he is employed by the South
Valley Refuse Disposal Co., Inc. who was awarded. the bid for demoli-
tion of said cabins. Motion was made by Councilman Pate seconded by
Counci lman Duff i,n that Resolution No. 1537 be adopted.
RESOLUTION NO. 1537
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY PURSUANT TO THE
PROVIS ION OF THE UNIFORM .aUILDING CODE.
3192
Ord. #906
re: tax i
fares
Foley & Burk
Carnival
Request
Plan.Policy
Com. Exec.
Com. Meeting
Annual Report
Civil
Defense
Street Sweeper
Budget
Amend.
Motor Sweeper
& Spl. Servo
Officer
Positions
Res.#1538 re:
Prop. acq.
NIS ide Pk.
PASSED AND ADOPTED this 21st day of December, 1970, by the following.
vote:
AYES:
COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Pate, Silva, and
Goodrich
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Wentworth
..
NOES:
ABSENT:
-
Ordinance No. 906 Amending Section 23.3 (1) of the City Code
increasing the maximum taxicab ,fares for the first 1/5 mile from
50~ t060~ was presented. Motion was made by Councilman Wentworth
seconded by Councilman Pate that Ordinance No. 906 be adopted.
ORDINANCE NO. 906 ...
AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 23.3 (1) OF THE ...
CITY CODE PERTAINING TO TAXICAB FARES SO AS TO PROVIDE FOR A MAXIMUM-
FARE OF SIXTY CENTS FOR THE FIRST ONE-FIFTH MILE.
PASSED AND ADOPTED this 21st day of December, 1970, by the following
vote:
AYES: COUNCIL MEMBERS: Batrez, Duffin~ Kennedy, Pate, Silva,
Wentworth and Goodrich
NOES: COUNC IIj MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
A letter from Foley & Burk Shows for a Carnival Pe~mit
June 2, 1971 through June 6, 1971 was presented. Council tabled said
request to determine if said carnival ~uld conflict with the local
Bonanza Day Celebration.
The Minutes of the Planning Policy Committee of Santa Clara
County Executive Committeels Meeting of November 12,1970 were noted.
,
~'
The 1969-70 Annual Report of Civil Defense Office of Santa
Clara County was noted, copies of same submitted with the Council
Members. Agenda.
11IIIII .
...
Staff reported that the .used Street Sweeper from the City of
Santa Clara had been examined and recommended approval of the pur-
chase of said vehicle in the amount of $785.00 which included sales
tax. Motion was made by Counci lman Wentworth seconded by Counci lman
Pate and carried that Staff be authorized to purchase said used
Street Sweeper as recommended and that the 1970-71 Budget be amended
to increase account 28cl in the amount of $785.00 to allow for said
purchase.
City Administrator Wood recommended that the positions of
Motor Sweeper and Special Service Officer be util ized by different
employees as the need arises in these categories rather than a
separate classification in the Pay Plan as. previously recommended by
Council Committee for the Classification Plan. Motion was made by
Councilman Kennedy seconded by Councilman Silva and carried that
Staff be authorized to util ize present employees in the Motor Sweeper
and Special Service Officer capacities as differentials rather than
a separate classification for each.
City Administrator Wood presented a resolution in regard to
a Deed Restriction in a parcel acquisition for Northside Park.
Motion was made by Councilman Pate seconded by Councilman Wentworth
that ResolutiDn No. 1538 be adopted.
IIIllII
....
RESOLUTION NO. 1538
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A
DEED. RESTR I CT ION UNDER ACQU I SIT IONS FOR NORTHS I DE PARK IMPROVEMENT,
TO PROVIDE FOR PARK USE ONLY, IN ACCORD WITH H.U.D. POLICY AND
REGULATIONS.
PASSED AND ADOPTED this 21st day of December, 1970, by the following
vote:
AYES:
11IIII
-
'.
NOES:
ABSENT:
COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Pate, Silva,
Wentworth, and Goodrich
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
Foley & Burk
Carnival
......-;
Res.#1539
Bids re:
10th St. Imp.
/F' -"';&
.........
, .
Trans. Policy
Com. Report
Community
Xmas Message
,
,
JIl!""'c","""
........
Economic &
Social Op-
portun i ties
Dev. Agree. re:
Standard 0 i 1
N.E. corner of
10th t Mont.
Quarry Use
Permit
Church &
Llagas Ave.
l.>~
Plan. Com.
representa-
tive
Adjournment
3193
Assistant City Administrator Reinsch reported that he was un-
able to contact the local Bonanza Committee regarding dates in 1971
for their annual celebration. Council further tabled the request of
Foley & Burk for a Carnival in June 1971 to determine information
regarding proposed 1971 Bonanza Day Celebration.
Ci ty Admin'istrator Wood presented Resolution No. 1539 Call ing
for Blds on the s~le of Improvement Bonds for Tenth Street Improve-
ment District, Project 1970-4 on January 18, 1971. Motion was made
by Councilman Duffin seconded by Councilman Wentworth that Resolu-
tion No. 1539 be ~dopted.
RESOLUTION NO. 1539
A RESOLUTION CALLING FOR BIDS ON SALE OF IMPROVEMENT BONDS - TENTH
STREET IMPROVEMENT DISTRICT - PROJECT NO. 1970-4.
PASSED AND ADOPTED THIS 21st day of December, 1970, by the following
vote:
AYES:
COUNCIL MEMBERS:
Batrez, Duffin, Kennedy,
Wentworth, and Goodrich
None
None
Pate, Silva,
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Councilman Pate reported on the present status of the
Transit System proposal of the Transportation Policy Committee for
Santa Clara County, noting same proposed to be scheduled for the
June 1972 Ballot at the Primary Election.
Councilman Batrez recommended publication of a Special
Council Christmas Message in the local newspaper. Motion was made
by Counci linan Batrez seconded by Counci lman Wentworth and carried
that a Proclamation on behalf of the Council be issued to the
community for success in 1971 and support local merchants; for
December 23, 1970, publication in the Gilroy Dispatch.
Councilman Batrez recommended that the Council recognize the
Chairman and Board Members of the Economic and Social Opportunities,
Inc. for their recent funding program on behalf of their efforts.
The Mayor instructed the City Attorney to draft said letter at
Councilman Batrezl request in regard to said matter to be signed
by the Mayor on behalf of the Council.
Director of Public Works-City Engineer Henry presented a
Development Agreement with Standard Oil Company for improvements at
the northeast corner of Tenth and Monterey Streets with the stipula-
tion that the <Dnditions in the Conditional Use Permit be complied
with. Motion was made by Councilman Batrez seconded by Councilman
Silva~ and carried that the Development Agreement with Standard Oil
Company as presented be approved and that the Mayor be authorized
to sign same on behalf of the City.
City Administrator Wood reported on the County Planning
Commission1s approval of a Quarry Use Permit at Church and Llagas
Avenues apparently to be used in the construction of the South
Santa Clara Valley Freeway. The potential infiltration and aesthe-
tic problems this would cause were discussed by Council. Motion
was made by Councilman Duffin seconded by Councilman Kennedy and
carried that the Director of Public Works-City Engr. be authorized
to appeal this matter to the Board of Supervisors in the event no
other agency makes such an appeal; that if other agencies make
said appeal that the City join in appealing the approval of the use
of said barrow pit during construction of the freeway.
The Mayor noted the presence of Planning Commission represen-
tative Stephenson and congratulated him on his reappointment to the
Planning Commission for an additional full term.
The Mayor wished all a Merry Christmas and a Happy New Year,
and informed Mayor Protempore Duffin that he would be absent at the
January 4, 1971 regular meeting of the City Council requiring Mayor
Protempore Duffin to preside at said meeting.
At 9:50 p.m. the Mayor adjourned the meeting.
Respectfully submitted,