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Minutes 1967/10/23 r 2713 Gilroy, California October 23, 1967 The Regular Adjourned Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:01 p.m. Ro II Ca II Presen t: Counc i 1 Members: John E. All emand, George T. Duff in, Charles F. Quartiroli, Anthony C. Silva, Everett C. Wentworth, and Norman B. Goodrich. Absent: Council Member: Mark E. Kennedy, Jr. Introduction New Employees The Mayor introduced new employees, Elaine Codiga, Clerk- Typist and Robert Gummow, Police Cadet. Mr. C. R. Hawkins, Assistant District Manager of AAA, ad- Pedestrian Safety Award C)714 . . Minutes Petition re: Miller Ave. 67-2 Annexa- tion-Res.1150 Card Room License 1281 N.Mont. St. (Gr i ego) Petition re: Castl ewood Pk. 67-1 Annex. Res.#1151 . dressed ,the Counci 1 and Ipresented a Pedestrian Safety Award to Mayor GOQdr i'ch.! The Minutes of the Regular Meeting of October 2, 1967 and of the Special Meeting of October lZ, 1967 were approved as mailed and recorded. A Petition from Fenton & Gladys O*Connell and Sam J. & Doris Gurgiolo was presented requesting annexation of 1.949 acres of unin- habited territory to be known as IIMi11er Avenue Annexation 67-2 to the City of Gilroyll. City Administrator Wood explained the location of said proposed annexation. ] The City Attorney presented Resolution No. 1150 setting November 6, 1967 as Public Hearing date before the Council on said proposal. Motion was made by Councilman Duffin seconded by Council- man Wetworth that the reading of Resolution No. 1150 be waived and that it be adopted. RESOLUTION NO. 1150 RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO CITY OF GILROY OF UNINHABITED TERRITORY DESCRIBEb HEREIN AND DESIGNATED "MILLER AVENUE ANNEXATION 67-2 TO THE CITY OF GILROYII AND GIVING NOTICE OF TIME AND PLACE FOR HEA~NG OF PROTESTS THERETO. ADOPTED this 23rd day of October, 196Z, by the following vote: AYES: I COUNCIL MEMBERS: Allemand, Duffin, Quartiroli, Silva, Went- wor th, and Goodr i ch. NOES: COUNCIL MEMBERS: None . ABSENT: COUNCIL MEMBERS: ~ennedy,Jr. A Petition from Alfonso Griego for a Card Room License at 1281 North Monterey Street was presented and referred to the Police Department for report and recommendation to the Council. ~ A Petition from Cugini Properties, A General Partnership, was presented requesting annexation of 12.506 acres of uninhabited terri- tory to be known as IICastlewood Park 67-1 Annexation to the City of Gi lroy'l. Ci.ty Administrator Wood explained the location of the pro- posed an~exation. The City Attorney presented Reselution No. 1151 setting a Public Hearing date of November 6, 1967 before the City Co~ncil on said proposal. ...., Discussion was had regarding schedu.1i.ng for extension of Third Stre~t. W. J. Hanna, former City Engineer, addressed the Council and informed them that State law prohibits a City from ad~ ing conditions to control a Development Agreement and Improvement Plan after the Planning Commission approves the Tentative Subdivision Map, and that it was his understanding that the City Planning Com- mission had approved said Subdivision Map for this area subject to annexation of said property. Motion was made by Councilman Wentworth, seconded by Councilman Duffin that the reading of Resolution No. 1151 be waived and that it be adopted. RESOLUTION NO. 1151 RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO CITY OF GILROY OF UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED IICASTLEWOOD PARK ANNEXATION 67-1 TO THE CITY OF GILROYII AND GIVING NOTICE OF TIME AND PLACE FOR HEARING OF PROTESTS THERETO. ADOPTED this 23rd d~y of October, 1967, by the following vote: AYES: COUNCIL,MEMBERS: Allemand, Duffin, Quartiroli, Silva, Went- worth, and Goodrich. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Kennedy,Jr. ....... ...... Council instructed City Administrator Wood to attempt to arrange a meeting with Mr. M. J.Filice regarding time scheduling Elks Lodge Proposed Site ~ ... !Ii*'.":.';;.'", ........ 2715 proposed for the extension of Third Street within said proposed annexation. Said meeting hopefully scheduled prior to the November 6, 1967 Public Hearing date. In order to accomodate, interested parties in the audience, the Mayor deviated from the Agenda to discuss the Second Draft of an Agreement on the proposed Elks Lod~e Site. Mr. John Klarich, Chairman of the Elks Building Committee addressed the Council and reported on the minor revisions to said Agreement by the Elks Lodge and requested modification to Paragraph II regarding the construc- tion of the pathway for golfers and golf carts to cross the mose southerly portion of the proposed Elks Lodge parking lot to reach the 8th golf tee; specifically to allow the Elks Lodge to be afforded a pedestrian and cart crossing at grade with the proposed access roadway planned. He further explained that at the present time the Elks Lodge would prefer to provide the pedestrian crosswalk through the said parking lot rather than the tunnel or overpass of the pro- posed access road. A grade separation would cost an estimated $5,000.00 to $10,000.00 and that the Elks Lodges' funds are limited unless their property on Monterey Street and property on Morey Avenue is sold immediately at their established price; upon sale of same it is the Elks' Organizations' intention to provide the tunnel under o~ the pedestrian over-crossing at said location when additional funds will be available, however, he further explained that this requested modification if acceptable ,would still authorize the City at any time to order construction of said tunnel or over-crossing if the "at grade" crossing proved unsatisfactory to the City. Council agreed on the requested modification to be included in said Agree- ment with the stipulation that said modification include that the City at any time could require the Elks Lodge to provide and oon- struct said separated crossing and that the preliminary proceedings for construction of same must begin at least thirty (30) days fol- lowing notification of same by the City. City Administrator Worn reviewed the minor revIsions studied and recommended by the Council and Elks Committees to be included in said Agreement. Motion was made by Councilman Allemand seconded by Councilman Wentworth and carried that the said Agreement as amended and modified be executed and that the Mayor be authorized to sign same on behalf of the City subject t6 inclusion of the revi- sions as presented and agreed upon. Plan.Com.Meet. Secretary of the Planning Commission Henry reported on the 10/19/67 Planning Commission Meeting of Thursday, October 19, 1967 further explaining the Commissions' intention regarding expansion of exist- ing Church Buildings and Structures specifically that parking must be provided in accordance with the Zoning Ordinance for the entire church building (to include the existing portion plus the newly expanded portion); further recommending a Zoning Ordinance amend- ment to reflect the proposed changes for off-street parking; inform- ing the Council of their discussion on the report of Planning Con- sultant, Mr. Warren Jones, on the proposed development at the Gavi- Ian College entrance and informing the Council that said matter re- quire further study; notifying Council that the Commission instruc- ted Staff to appear before the County Planning Commission at their November 2, 1961 meeting requesting tabling the zoning for the Gavi- 1an College Development in order for the City Planning Commission to receive and study its new General Plan for said area; and informing the Council that further study is necessary regarding the new pro- posed sign ordinance. (III/IIi!I'f!l ... Sept. '67 Mont~ly Reports The Summary of noted and discussed. Gilroy Golf & Country period of time. Monthly Reports of September, 1967 were Counc i, 1 reques ted fu ture repor ts to i nc I ude Club Activities for the previous year's same Disbursements The Report of Disbursements from September II, 1967 to Octo- ber 10, 1967 were noted and discussed. ABC Aps. City Administrator Wood presented a report on three (3) applications to the Alcoholic Beverage Control Board at 415 North Monterey Street, Joan & Peter Davis appl icants, for an On-Sale Beer License; at Westwood Shopping Center, Hecker Pass Rd.(lst-1st), Wm. :;'716 Prop.Ord. amend.Chp.12A City Code re: Ass'mt.Dist. Hydraulic Study re: Sewer Com. Study Water Pressuri- zat i on Study re:Butterfly Valve bids II Rakestram applicant, for an Off-Sale General License; and at 211-lst Street, La Vaughn E. & RichardC. Brooks, Ernest T. & Mary C. Hazel- rigg, and Erma A. Sr. and Gilbert, Jr., Westoby, applicants, for an Off-Sale Beer & Wine License. Motion was made by Councilman Allemand seconded by Councilman Wentworth and carried that Staff be authoriz- ed to notify the Alcoholic Beverage Control Board that the City has no objections to said applications. City Administrator Wood presented a proposed Amendment to Chapter 12A of the Gilroy City Code in regard to Assessment Districts approved by the City Attorney. Motion was made by Councilman Duffin seconded by Councilman Wentworth and carried that the proposed ord- inance be introduced and published by title and summary. ..... ....... City Administrator Wood reported on the Proposals for Hydrau- lic Study of the Sewerage Treatment Plant and recommended that Council set a Sewer Committee hearing of the two firms under con- sideration. Council set Tuesday, November 7, 1967 at 7:30 p.m. for said hearing. City Administrator Wood reported on informal bids received on Rubber Seated Butterfly Valves for the Water Pressurization Project noting that Darling Valve & Manufacturing Co. were the low bidders in the amount of $6,980.000. Mr. H. Way, representing John Carollo Engineers, addressed the Council and recommended that the low bid of Darling Valve & Manufacturing Company be accepted and noted that the bid received from H. Pratt Company did not meet the specifications. Motion was made by Councilman Duffin seconded by Councilman Wentworth and car- ried that the low bid of Darl ing Valve & Manufacturing Company in the amount of $6,980.00 for the Rubber Seated Butterfly Valves in re: to the Water Pressurization Study be awarded as presented. Employees'Retire- City Administrator Wood reported on the Public Safety Emp- ment proposal 10yees' Second Preliminary Ballots on various Retirement Plans & SERS Procedural Requirements. Discussion was had~, Council request- ed Staff to investigate the possibility of including the Public Safety Employees' Holiday Pay as regular Salary in order to receive retirement benefits on same. Council concurred with Staff proceed- ing with the proposed SERS Plan as outlined for the City employees, and considered the possibility of retired employees being given the same penefits under the new proposed plan since their present retirement benefits would be carried forward under the proposed Dew State Plan. ..... - Water Samples City Administrator Wood presented a Report of satisfactory Water Samples taken by the Santa Clara County Health Department. Well #1 Discussion was had regarding the photographs recently taken of the casing of Well #1. Staff~recommended that additional study and consultation be sought in this matter. Surplus Property Assistand Director of Civil Defense Reinsch presented a re:Civil Def. Resolution authorizing signatures for Surpous Property. Motion was Res.#1152 made by Councilman Wentworth seconded by Councilman Silva that the reading of Resolution No. 1152 be waived and that it be adopted. Specs.re: tractor & dump truck RESOLUTION NO. 1152 ...... RESOLUTION NO. 1152 RE: (CIVIL DEFENSE) COMBINATION OF SURPLUS PROPERTY OVER AND UNDER $2,500.00 __ PASSED AND-ADOPTED this 23rd day of October, 1967, by the following vote: AYES: COUNCIL MEMBERS: Allemand, Duffin, Quartiroli, Silva, Went- worth, and Goodrich. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: Kennedy, Jr. Assistant City Administrator Reinsch presented specifica- tions for a tractor with attachments and Dump Truck requesting authorization to call bids for same. Discussion was had re~arding said specjfications. Motion was made by Councilman Silva seconded by COU~CI Iman Quartlroll and carried that the specifications for a Tractor with attachments and Dump Truck be approved subject to the changes discussed and that authorization be given for the call 2717 for bids for same. S.C.Co.Trans. Minutes of the County of Santa Clara Transportation Policf Policy Com. Committee Meeting of Wednesday, September 13, 1967 were noted. Meet. Agreement re: Direetor of Public Works Henry reported on a Development El Camino Crop Agreement for El Camino Crop Supply on Ninth Street. Motion was 9th Street made by Councilman Quartiroli seconded by Councilman Wentworth and carried that the Development Agreement as presented be approved and that the Mayor be authorized to sign same on behalf of the City. ",... i Agreement re: Director of Public Works Henry reported on a Development Atlantic Agreement for Atlantic Richfield Company at the southwest corner Richfield of Leavesley and Morey Avenues., Motion was made by Councilman Co.-Leave1sey Wentworth seconded by Coun cilman Silva and carried that the Develop- & Morey Ave. ment Agreement as presented be approved and that the Mayor be authorized to sign same on behalf of the City. '- Luchessa Ave. Director of Public Works Henry reported on the Luchessa RRXing Agree. Avenue Railroad Crossing and presented an Agreement between the Res.#1153 City and the Southern Pacific Railread Company for said improvement. Motion was made by Councilman Duffin seconded by Councilman Went- worth that the reading of Resolution No. 1153 be waived and that it be adopted. RESOLUTION NO. 1153 RESOLUTION NO. 1153 OF THE CITY OF GILROY AUTHORIZING THE EXECUTION OF AGREEMENT WITH THE SOUTHERN PACIFIC RAILROAD COMRANY FOR WIDEN- ING AND INSTALLATION OF AUTOMATIC GATES AT THE LUCHESSAAVENUE CROSSING IN THE CITY OF GILROY, AND THE MAKING OF AN APPLICATION TO THE PUBLIC UTILITY COMMISSION FOR REIMBURSEMENT OF ONE-HALF OF THE COST TO THE CITY OF GILROY FOR SUCH INSTALLATION. PASSED AND ADOPTED this 23rd day of October, 1967, by the follow- ing vote: AYES: COUNCIL MEMBERS: Allemand, Duffin,Quartirol i, worth, and Goodrich. None Kennedy,Jr. Silva, Went- "...-",'<1, NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBER: -- Northwood Director of Public Works Henry reported on the Northwood Utility faci- Park,Utili,ty Extensions for Sewer and Water, requesting authoriza- lities tion to call for bids for a 10'. Sanitary Sewer Line: at said loca- tion estimated cost of $12,800.00 and noted that bids would not be awarded until the required.easements were obtained, for same. Motion was made by Counci lman Quarti rol i seconded by Counci lman Silva and carried that authorization be given for Staff to call bids for the 10.. Sanitary Sewer Line for Northwood Subdivision as presented. Director of Public Workds Henry recommended that City Crews be authorized to install the pipe for the Water Line at the same location estimated cost of $7,800.00. Motion was made by Councilman Duffin seconded by Councilman Wentworth and carried that the City Crews be authorized to install the Water Line at said location as presented. 21 07 Gas~ Tax Budget Director of Public Works Henry recommended approval of the 2107 Gas Tax Funds in the amount of $135,000.00 for Tenth Street Project, said monies now held in the State Treasury. Motion was made by Counci lman Si lva seconded by Counci lman Quartirol i that Director of Public Works Henry be authorized to submit the 2107 Gas Tax Budget for the $135,000.00 funds now held in the State Trea- sury, sa i d funds'. to be used on Tenth Street proj ect. "..... -- Ord.#808 re: rezoning Lutheran Church Prop. Ordinance ~o. 808 was presented rezoning 4.70 acres of land belonging to the Lutheran Church on Hecker Pass' Hi'ghway (1st Street) from IJI-ZII Interim Zone to IJR'., Single Family Residential District. Motion was made by Councilman Wentworth seconded by Councilman Duffin that the reading of Ordinance No. 808 be waived and that it be adopted. ORDINANCE NO. 808 AN ORDINANCE OF THE CITY,OF GILROY AMENDING ZONING ORDINANCE NO. 711 8Y REZONING FROM l-Z (INTERIM ZO~E) DISTRICT TOR-l (SINGLE FAMILY RESIDENTIAL) DISTRICT THE 4.70 ACRES OF LAND BELONGING TO 2718 Co.Plan.lnfo. Co.Plan.Dept. re:Stream- side Parks THE LUTHERAN CHURCH. PASSED AND ADOPTED this vote: AYES: 23rd day of October, 1967, by the following NOES: ABSENT: COUNCIL MEMBERS: Allemand, Duffin,Quartiroli ,Silva,Went- worth and Goodrich. COUNCIL MEMBERS: None COUNC I L MEMBER: . Kennedy, Jr. The Governmental Directory for Planning "Info'. from the County of Santa Clara Planning Department was noted. City Administrator Wood presented and explained a letter received from the County Planning Department, in regard to South County Streamside Parks. Discussion was had and City Administrator Wood noted that he would notify the County that the City Staff would meet with them regarding their cooperative proposal. ~ I "'-"III1lI In tro. Po I icy & Procedure Guidel) re:Housing Authority Jt.Meet.re: Personnel Commission StormDrain Impr. PavingXmas Hill Parking Area Golf Course Water Li ne Project. Pub.Hear.re: "S" Zone requirements GUHS Parade The Publication of "Introduction to Policy & Prodedure of Santa Clara County Housing Authority was noted. City Administrator Wood noted that the proposed Joint Meet- ing of the Council and Personnel Commission sceduled for the Com- missions' last meeting had been cancelled due to the lack of a . Commission quorum and further notified the Council that said Joint Meeting had been scheduled for November 14, 1967 at 7:30 p.m. City Administrator Wood reported on additional Storm Drain Improvements required as a result of the tree removal by John Stelling on the south side of Sixth Street; the construction of the new proposed Medical Building at the Southwest corner of Sixth & Princevalle Streets; and the proposed subdivision within pro- posed Miller Avenue 67-2 Annexation. He further noted that the developers in said area have agreed to advance the following funds to be applied to developers off-site fees, for said improvement to be included with the current balance of Off-Site Storm Drain "All Fund: Stelling- $1,500.00; O'Connell - $3,500.00; and Medical Center - $1,300.00. Discussion was had. Councilman Wentworth noted that he would not be in favor of said improvement if the current balance of Off-Site Storm Drain "All Funds were used since same was ear-marked for the Princevalle Storm Drain Improvement unless the developers contributed additional funds for said Storm Drain, at the time said improvement was installed. City Adminis- trator Wood again ppinted out that the Stellin g and O'Connell pro- perties are in Zone IIAII of which the PrincevalleStorm Drain Line is a part of. Council requested Staff to request said developers for additional fund contributions for said improvement to be ap- plied to their off-site fees at the time of development of their property. ... ... Director of Public Works Henry requested approval of an informal bid in the amount of $2,340.00 from George C. Renz Const- truction Company for additional rock base, oil and screenings for the parking area and roadway at Xmas Hill Park. Motion was made by Counci lman Quarttrol i seconded .by Counci lman Wentworth and car- ried that the bid in the amount of $2,340.00 for paving the Park- ing Area at Christmas Hill Park be awarded to George C. Renz Con- struction Company. Discussion was had regarding the present Water Line Project now under construction at the Golf Course. ~ The City Attorney noted that Council should set a Public Hearing date for the liS.' Zone requirement revisions and related provisions of the Zoning Ordinance. Motion was made by Councilman Wentworth seconded by Councilman Duffin and carried that November 6, 1967 at 8:00 p.m. be set for a Public Hearing date on the pro- posal to revise the IISII Zone requirements and related provisions of the Zoning Ordinance. - City Administrator Wood presented a request of the Gilroy Union High School to conduct a parade on November 10, 1967 which is requested to be conducted on Monterey Street. Council had not objections to same. 2719 Plan.Com.-Ben ; Mayor GoodrIch presented and read a letter from Planning Gutierrez resi- Commissioner Ben GutIerrez resigning from said Commission. Motion gnation was made by Councilman Wentworth seconded by Councilman Allemand and carried that said resignation be accepted with regr~ and that same be accepted by letter. City Attorney, Mayor Goodrich presented and read a letter from CityAt~orney, S.Johnson Sydney S. Johnson, resigning from said position to be effective January I, 1968. The Mayor accepted same with regret and compli- mented Mr. Johnson on his years of service with the City. Traffic problem re:Mesa Rd.& Avenue Miller Ave. Gavilan discuss The Mayor noted the traffic problem on Mesa Road and Miller generated by Gavilan College and instructed Staff to contact College and County Officials for a proposed meeting to same with the Council to attempt to alleviate said problem. Adjournment At 11:13 p.m. the Mayor declared the meeting adjourned. Respectfully submitted,