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Minutes 1968/02/05 1 :J70() - 04: Roll Call In tro. new Emp. Minutes Pub.Hear. re: "S" Zone re- quirlB/T1ents (Zon.Ord. 711) Intro. Ord. re:_ IISII Zone requirements Bonanza pro- posed Cele- brat i on Gilroy, California February 5, 1968 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: John E. Allemand, George T. Duff.in, Mark E. Kennedy1, Anthony C. Silva, Everett C. Wentworth, and Norman B. Goodrich. and Charles F. Quartiroli. The Mayor introduced Lee A. Eloff, Police Patrolman and Randall P. Cry, Pol ice Cadet, recently appointed to their respec- tive pos i ti ons. The Minutes of the Regular Meeting of January 15, 1968 and of the Special Meeting. of, January 29, 1968 were approved as mailed and recorded. The Mayor stated that it was the time and place scheduled for the Continued Publ ic Hearing regarding proposal to revise the "S" Zone Requirements and related provisions of the Zoning Ordinance. He asked if there was anyone in the audience wishing to speak for or against the proposed revisions. There was no comment from anyone in the audience. Motion was made by Councilman Duffin seconded by Councilman Allemand and carried that the Public Hearing be closed. Council discussed the revisions as recommended by the Planning Commission. Proposed changes in the proposed ordinance were further discussed and recommended by City Administrator Wood. Planning Commission Chairman Stephenson further clarified the proposed amendments as recommended by the Planning Commission. Discussion I was had. Motion was made by Councilman Wentworth seconded by Councilman Allemand and carried that the proposed ordinance by introduced as corrected and that same be published by title and summary. A letter from Gilroy Bonanza Celebration Committee was presented requesting endoresemtn of same and use of Christmas Hill Park Facilities for the Finale Barbecue and Concert on June 15 and 16 """"'" Damage claim re:B. Bowen ...... Rubbish Haul- ing Permit request ( J . G i me IIi) Plan. Com. Report 2/1/68 ~".., ....... \ ,.,.",.". project#566 re:Flood Control ........ / 2788 1968. Mrs. Lee Berta, member of said Committee, addressed the Council and further explained the proposed Celebration in detail Motion was made by Councilman Kennedy seconded by Councilman Silva and carried that the request for said Gilroy Bonanza Celebration Committee be accepted and that said Committee be recognized for their efforts and that they be allowed use of Christmas Hill Park Facilities for the Finale Barbecue and Concert. A Damage Claim was presented from Mrs. Bessie Bowen in the amount of $197.95. Motion was made by Councilman Wentworth seconded by Councilman Duffin and carried that said claim be denied and referred to the City Attorney arid local Insurance Carrier. City Administrator Wood presented a letter request for a Commercial and Industrial Rubbish Hauling Permit by Mr. John Gimell i of John1s Disposal. Discussion was had regarding same. Motion was made by Councilman Allemand seconded by Councilman Kennedy and car- ried that said request be denied. Secretary of the Planning Commission Henry presented the Report of the Planning Commission Meeting of February 1, 1968 in- forming the Council of action taken by the Commission regarding the proposed development on the westerly side of Mesa Road near the Gavilan College entrance, specifically requesting the County Plan- ning Commission to deny said request because the area should be annexed to the City before it is rezoned to the proposed usage or should be rezoned concurrently with annexation and because the pro- posed commercial zoning does not meet the planned use of the area. Discussion was had on the matter. Mr. Stuart Fletcher, County Planning Commissioner, addressed the Council and requested that City Planning Commission Resolution No. 389 regarding their recom- mendation to the County Planning Commission be presented and read. City Attorney Jacobs reported that same has not been completed but ordered by the City Planning Commission to incorporate their re- quests as stated in the Planning Commission report to the Council. Planning Commission Chairman, Stephenson, further clarified the Rlanning Commission recommendation proposed for presentation to tre County Planning Commission on said matter. Council concurred that the Planning Commission1s recommendations be forwarded to the Santa Clara County Planning Commission for their consideration. The Planning Commission Report further informed the Council that the request of Maciel Bros. for a City permit to operate a Wreck- ing Yard at 1061 North Monterey Street had been tabled to the next regular Commission Meeting in order for Staff to attempt to work out a solution for said request as said type of operation or business is not included as a use or conditional use in any of the zoning districts within the Zoning Ordinance. The Mayor deviated from the Agenda in order to accommodate interested persons in the audience not scheduled for the Agenda. City Administrator Wood noted that Mr. Raymond Gwinn, Chairman of the Loma Prieta Water Shed Committee for Project No. 566 and Mr. Bill R. Bruner, Conservationist of U.S.D.A. Soil Con- servation Service, were present in the audience requesting Council adoption of a resolution regarding filing of an application with the Secretary of Agriculture for obtaining approval and funding for Improvement of the Upper and Lower Llagas Creek Watershed pro- posed Projects. Mr. Bruner and Mr. Gwinn, respectively, addressed the Council and explained said proposal requesting City support and endorsement for filing of said a~plication and further requested Council representation in Washimgton, D.C. if possible, to support same when presented to Congress. r ~.""'r-.4 :~'i 0 REs.#1225 re: endorsement Flood Control Projects Mayor auth. to represent City-Wash. , D.C. Card Room Lincense Castlewood Unit #5, Final Sub. Map City Administrator Wood presented and read proposed Resolution No. 1225. Motion was made by Councilman Allemand seconded by Councilman Wentowrth that Resolution No. 1225 be adopted. RESOLUTION NO. 1225 RESOLUTION SUPPORTING EXECUTION OF THE WATERSHED WORK PLAN AGREE- MENTS UNDER THE WATERSHED PROTECTION AND FLOOD PREVENTION ACT IN THE MATTER OF INITIATING FLOOD CONTROL AND LAND CONSERVATION MEASURES ON THE UPPER LLAGAS CREEK AND LOWER LLAGAS CREEK WATER- SHEDS BY THE LOMA PRIETA SOIL CONSERVATION DISTRICT AND CO-SPONSORS, THE SANTA CLARA COUNTY FLOOD CONTROL AND WATER DISTRICT, AND THE SOUTH SANTA CLARA VALLEY WATER CONSERVATION DISTRICT. PASSED AND ADOPTED this 5th day of February, 1968, by the fol.low- ing vote: AYES: COUNC I L MEMBERS: ..... ..... NOES: ABSENT: Allemand, Duffin, Silva, Wentworth, None None " Kennedy,Quartirol i, and Goodrich. COUNCIL MEMBERS: COUNCIL MEMBERS: Motion was made by Councilman Wentworth seconded by Councilman Allemand and carried that the Mayor be authorized to fepresent the City in Washington, D.C. at the time same was pre- sented to the Congressional Budget Committee. ..J Mr. Bruner further addressed the Council and noted that plans for the propssed projects were available for review at the U.S.D.A. Soil Conservation Service Office in Morgan Hill. City Administrator Wood presented a letter request from Mr. Leon Welco, operator of Gilroy Bowl, 154 North Monterey Street, Gilroy, for a Card Room.License at said location and noted that same must be referred to the Chief of Police for recommendation prior to action taken by Council. Motion was made by Councilman Wentworth seconded by Councilman Duffin and carried that said Card Room License request be referred to the Chief of Police for study and report on same to the Council. - -' Park City Administrator Wood noted that Mr. Michael J. Filice was present in the audience requesting approval of the Final Sub- division Plans proposed for Castlewood Park, Unit #5, Tract 4419 located in the vicinity of proposed Third Street Extension. Secretary of the Planning Commission Henry noted that the Planning Commission had approved the tentative map and proposed Final Map which would be the elimination of one lot, total suodivision pro- posed for 25 lots rather than 26 lots as submitted on the tenta- tive map, and as shown on the Final Map presented at this time for Council approval. City Administrator Wood presented and read the proposed Development Agreement for said subdivision for Council, approval. Same was discussed including the stipulations as set forth in said Agreement. Motion was made by Councilman Wentworth seconded by Councilman Kennedy and carried that the Final Map of Castlewood Park, Unit #5, Tract 4419 be approved as presented. Motion was made by Councilman Wentworth seconded by Councilman Allemand and carried that Staff be authorized to execute the Development Agreement as presented. <.. ,.. Water Samples City Administrator Wood presented a Report of satisfac- tory Water Samples taken by the Santa Clara County Health Depart- ment. Same was ordered filed. City Administrator Wood further reported on the progress of testing scheduled for Well #1, pre- sently non-operative. Cigarette Tax Claims ...... City Administrator Wood presented and exp!ained a Report on Cigarette Tax Claims. Council instructed Staff to prepare a blanket Resolution regarding filing of individual claims from Retailers requesting a refund for payment of cigarette taxes to the City during the latter part of October 1967. The Method of 2765 notification to local retailers for consideration of such claims was also explained, i.e: publication in the local paper twice during a ten day period. The City Attorney suggested that a 100 day time limit 'for filing such claims, commence following the first publica- tion of the Public Notice. Council concurred with said suggestion. Bereavement Leave & Sick Leave Res. #1226 City Administrator Wood presented a Report on Bereavement Leave Benefits and discussed same, noting a survey of various cities and their policy regarding said employee benefits. A pro- posed resolution regarding said Bereavement Leave and Sick Leave for City employees was presented for approval. Council discussed same requesting that the proposed resolution be corrected to allow said benefits if approved by the City Administrator, same not to exceed five (5) days and charged against sick leave. Motion was made by Councilman Wentworth seconded by Councilman Silva that Resolution No. 1226 as amended be adopted. "",.. / ...... I RESOLUTION NO. 1226' A RESOLUTION OF THE COUNCIL OF THE CITY OF GILR0Y, AMENDING SECTION Vl-B AND ADDING SECTION Vl-K TO THE CITY OF GILROY PERSONNEL RULES AND REGULATIONS. PASSED AND ADOPTED this 5th day of February, 1968, by the following vote: AYES: COUNCIL MEMBERS: Allemand, Duffin, Silva, Wentworth, None None Kennedy, Quartiroli, and Goodrich. NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Res.#1227 & #1228 re: Luchessa Ave. Imp.Dist.67-2 City Administrator Wood presented and read Resolution No. 1227 Creating a Special Fund re: Luchessa Avenue Improvement Dis- trict, Project 67-2. Motion was made by Councilman Wentworth seconded by Councilman Duffin that Resolution No. 1227 be adopted. ",",""'I RESOLUTION NO. 1227 ........ A RESOLUTION CREATING A SPECIAL FUND TO BE KNOWN AS "CITY OF GILROY LUCHESSA AVENUE IMPROVEMENT DISTRICT FUN~' - LUCHESSA AVENUE IM- PROVEMENT DISTRICT PROJECT NO. 1967-2. PASSED AND ADOPTED this 5th day of February, 1968, by the following vote: AYES: COUNCIL MEMBERS: Allemand, Duffin, Silva, Wentworth, None None Kennedy, Quartiroli, and Goodrich. NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: City Administrator Wood presented and read Resolution No. 1228 Ordering Elimination of Certain Work and Reduction of Assess- ment No.2 regarding Luchessa Avenue Improvement District 67-2, noting that Crown-Zellerbach has e'lected to delete the cost of 1t:l!Je spur tract within said Improvement District and submit the cost of same to the City therefore requiring a reduction in Assessment No. 2. Motion was made by Councilman Allemand seconded by Councilman Wentworth that Resolution No. 1228 be adopted. RESOLUTION NO. 1228 - A RESOLUTION ORDERING ELIMINATION OF CERTAIN WORK AND THE REDUC- TION OF ASSESSMENT NO.2 - LUCHESSA AVENUE IMPROVEMENT DISTRICT PROJECT NO. 1967-2. PASSED AND ADOPTED this 5th day of February, 1968, by the following vote: AYES: COUNCIL MEMBERS: Allemand, Duffin, Silva, Wentworth, None None Kennedy, Quartiroli, and Goodrich. ~ NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Mid-Year Report A Mid-Year Report of the Police Department submitted by re:Police Chief of Police Laizure was presented, and Chief Laizure was co~- Dept. mended on same. 0'766 mended on same Proposed Sewerage City Administrator Wood presented a Report on a proposed Treat.Plant & Sewerage Treatment Plant and System Consultant recommending that Sys.Consul- an Agreement with Mr. Miguel Martin for his services for said Con- tant sultant be executed. City Administrator Wood explained the con-, tents of said Agreement. Discussion was had on said matter and G ! Council concurred with the $140.00 per month fees but opposed the $l,d<lLtJ oo~J$ 50;.:QO t,ljeY!;}J~ €lD~ jl1~i ReEl:ti31 ~~P9n,~~r~; p ! ~.!:tMt8dm i n i s trat- or Wood noted that $140.00 was the maximum fee that Mr. Martin could earn and still receive his Social Security Benefits. Council --- tabled action on execution of said Agreement requesting Staff to attempt to negotiate with Mr. Martin on a $140.00 per month fee ',,- basis wimh reduced hours proposed for his services as Sewerage Treatment Plant & System Consultant for the City. General Fund Project Report City Administrator Wood presented a Report on the status of General Fund Projects in regard to said funds necessary for City.s share of the proposed Forest Street Improvement Project. Motion was made by Councilman Wentworth seconded by Councilman Silva and carried that Staff transfer monies from the General Fund received from the Elks Organization for purchase of City property for the proposed Elks' Lodge new buildrnng site, to the C~pital O.!:!:tlay Recreation Fund. It was noted that said amount of this transaction was approximately $25,000.00. Council also authooized the $17,500.00 received from the Salvation Army for South Monterey Street City property to be deposited in the General Fund. S. Chestnut St. City Administrator Wood Reported on the South Chestnut St. Imp.Proj.re: Improvement Project 67-1 noting that a property owner has requested extension of extension of same for access to Baines Lane without crossing the same railroad tracks in connection with'a Warehouse Operation. City Administrator Wood recommended that said Southerly Extension of Chestnut Street be considered in the next Fiscal Budget Year (6e-69). G i 1 roy Med. Cen ter Dev. Agreement M.H.-Gilroy Boundary Agree. ~ .... City Administrator Wood reported on the Development Agree- ment prpposed for the Gilroy Medical Center located on the south- west corner of Princevalle and Sixth Streets. He noted that said Agreement includes the collection of only a portion of off-site fees because the entire property would not be developed at this time and that fees for same be deferred until the entire property is developed, same being a stipulation of said Agr~ement with a Bond requirement to insure the City of development of all the street work, for the entire property at a future date. He further noted that Total Fees for the entire development to be $8,258.06, and that $4,492.25 would be required at this time. He also noted that said Agreement provides for fees to reconstruct one-half (~) of the street as provided in the City's development requirements. He also noted that the City.s development fees do not provide for a reduction for corner lots, such as proposed for said Medical Center and recommended that a 10% reduction in front foot charges be allowed in this instance and an amendment be approved to the City.s Development Policy Resolution to allow a 10% reduction for future devlopment of corner lots. Council agreed that if fees are to be reduced in this proposal that the City1s Policy Resolut ion regarding same should be amended as recommended. Motion was made by Councilman Wentworth seconded by Councilman Duffin and carried that Staff be authroized to execute the Development Agreement for the Gilroy Medical Center as presented. /IIIII! ...... It was noted that the Resolution regarding Sick Leave and Emergency Leave for City Employees was adopted at the tfume;,tpe,- Report on Bereavement Leave by the City Administrator was presented earlier in the Agenda. City Administrator Wood and City Attorney Jacobs reported on the Amendment proposed to the Morgan Hill-Gilroy Boundary Agree- ment for presentation and approval by Morgan Hill City Council. The City Attorney presented and read Resolution No. 1229 amending Res.#1229 Boundary Agree. r-'" l..... Minutes re: Co. Trans. Policy Com. Meet. '68 Easter Seal Cam- paign G i r 1 S cou t Cookie Sale ","' ."" , w...- Nat'l. Brother hood Week Gilroy Cable TV sale of F r i n ge TV Servo 2767 said Agreement. Motion was made by Councilman Wentworth seconded by Councilman Kennedy that Resolution No. 1229 be adopted. RESOLUTION NO. 1229 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY, CALIFORNIA, AUTHORIZING EXEOUTION OF AN AGREEMENT BETWEEN SAID CITY AND THE CITY OF MORGAN HILL RESPECTING FUTURE ANNEXATIONS BY EACH CITY. PASSED AND ADOPTED this 5th day of February, 19a8, by the following vote: AYES: COUNCIL MEMBERS: Allemand, Duffin, Silva, Wentworth, None None Kennedy, Quartiroli, and Goodrich. NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: The Minutes of the County Transportation Policy Committee Meeting of December 13, 1967 were noted. A letter from the Society of Crippled Children and Adults was presented requesting a Proclamation regarding the 1968 Easter Seal Campaign. Motion was made by Councilman Quartiroli seconded by Councilman Silva and carried that the Mayor be authorized to proclaim 1968 Easter Seal Campaign as requested. City Administrator Wood presented a letter from the Girl Scouts. Council requesting permission to conduct their annual Cookie Sale March 1-11, 1968. Motion was made by Councilman Quartiroli seconded by Councilman Silva and carried that the request of the Girl Scouts be approved. City Administrator Wood presented a letter from the National Conference of Christians and Jews requesting a Proclama- tion for National Brotherhood Week. Motion was made by Councilman Quartiroli seconded by Councilman Silva and carried tret the Mayor be authorized to Proclaim National Brotherhood Week as requested. City Administrator Wood presented a letter from Gilroy Cable TV informing the Council of the sale of their local business "Fringe TV Service" to Mr. Michael L. Si lacci, 37 South Del Monte Avenue, Morgan Hill, in accord with Cable TV Franchise Ordinance No. 759. Camp Fire Girls City Administrator Wood presented a letter from the Camp Candy Sale Fire Girls', requesting a permit for their annual local Candy Sale February 1-22, 1968. Motion was made by Councilman Kennedy seconded by Councilman Quartiroli and carried that the request of the Camp Fire Girls' be approved. Darl ing Valve re:Water Pres- surization Project t ~. '. Gilroy Garbage Name Change & Inc. thereof Program Status re:S.C.Co. Housing Auth. City Administrator Wood presented a letter from the Daning Valve Manufacturing Company in regard to a three to four week delay of the Butterfly Valves (for use in City's Water Pressuriza- tion Project) due to employee Strike at Philadelphia Gear Corp., and noting that delivery of same is anticipated for mid or latter part of April 1968. City Administrator Wood presented a letter from Attorney, Francis N. Crawford, in regard to Incorporation of the Gilroy Garbage Company with a name change to "South Valley Refuse Disposal, Inc.". Council concurred with said incorporation and name change and requested that same be attached to the City's Garbage Agreement. A letter from the Santa Clara County Housing Authority in regard to Program Status was presented for informational purposed on 1 y. r' (~768 Plan.Policy Com. Meet. Mobile Trai ler relocation at Golf Crse. St. Reti reo Program Lib.&Culture Com. -Counc i 1 Jt. Meet. Jt. Chamber of Com. -Counc i 1 study meet. Invitation to School Dist. re:General Plan Study Magne tic meters 1st & Church St.signali- zat i on proj. Plan. Com. Rep. General Plan re:ABAG So.Co.Airport proposal Meet. Adjourn Councilman Kennedy noted that he and Planning Commissioner Childers recently attended the Planning Policy Committee Meeting representing the City. Councilman Kennedy reported that Golf Course Operator, Vernon Brown Pro, has requested ~uthorization to relocate the mobile trailer at the Golf Course to City property on Burchell Road to be used as a permanent structure for the care-taker's residence as a means to prevent further vandalism at the Golf Course property. It was noted that the City's regulations prohibit permanent loca- tion of a mobile home at any location within the City other than a Mobile Trailer Park. Said matter was referred to Staff to attempt to determine if same could be relocated on a temporary basis regard- ing the vandalism problem. ~ ......"".- Assistant City Administrator Reinsch reported on progress of the City's proposed State Retirement Program. Councilman Allemand inquired of the date of the Joint Council-Library & Culture Commission Meeting. It was noted that said meeting was scheduled for the Commission1s regular meeting of Tuesday, February 6, 1968 at 8:00 p.m. City Administrator Wood reminded the Council of the sche- duled Study Meeting of the Chamber of Commerce Board of Directors and Council of Monday, February 12, 1968 at 8:00 p.m. Councilman Quartiroli recommended that a formal letter invitation be extended to the local School District for participa- tion in the General Plan Study. Council concurred with said recom- mendat i on. - flow Councilman Quartiroli requested Staff to investigate the magnetic type flow meters for the sewer w~ant operation to prevent clogging, and which will meter effluent accurately with solid materials. Purchasing Agent Reinsch noted that he has reference material on same from the suggested Fisher Porter Co. ....J Director of Public Works Henry reported on the progress a the signalization proposed for First and Church Streets, noting that the controls have been shipped back to Los Angeles for cleaning. The Mayor ntted the presence of Planning Commissioner Representative, Eugene Martin. City Administrator Wood noted that a letter will be for- warded ABAG advising near completion of theGeneral Plan and pre- sentation of completion of the Preliminary General Plan. The Mayor noted a meeting regarding the proposal to locate the South County Airport in San Martin, scheduled for February 9, 1968 at 12:00 noon at the Hecker Pass Inn, noting that Gilroy, Morgan Hill, and San Martin Town Hall Association will be represent- ed. IIIlIl I I ....... At 11:27 p.m. the Mayor adjourned the meeting. Respectively submitted, (V I/JtrU-t0 1;. !~;;:: City Clerk