Minutes 1968/12/16
Roll Call
New employee
Minutes
Pub. Hear. re:
68-69 Weed
Abatement-Res.
#1298
Albert Fort i no
Appea 1 re: Var-
iance request
:')8~O
... (j tI
Gilroy, California
December 16, 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.
Duffin, Mark E. Kennedy, Charles F. Quartirol i, Anthony C. Silva,
Everett C. Wentworth, and Norman B. Goodrich.
The Mayor introduced Mr. Sheldon O. Shelvock, Sewer Treat-
ment Plant Operator, recently hired by the City.
The Minutes of the Regular Meeting of December 2, 1968
were approved as mailed and recorded.
The Mayor stated that it was the time and place scheduled
for a Publ ic Hearing on the 1968-69 Weed Abatement Program.
asked if there was anyone in the audience wishing to speak for or
against same. There was no comment from anyone in the audience.
Motion was made by Councilman Allemand seconded by Councilman
Wentworth and carried that the Public Hearing be closed. Resolu-
tion No. 1298 was presented Ordering Destruction of Weeds. Motion
was made by Councilman Wentworth seconded by Councilman Silva
that the reading of Resolution No. 1298 be waived and that it be
adopted.
He
RESOLUTION NO. 1298
RESOLUTION OF THE COUNCIL OF THE CITY OF GI~OY 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 16th day of December, 1968, by the
following called vote:
A YES: COUNC I L MEMBERS:
NOES:
ABSENT:
Allemand, Duffin,
Silva, Wentworth,
None
None
Kennedy, Quartiroli,
and Goodrich.
COUNCI,L MEMBERS:
COUNCIL MEMBERS:
An appeal from Albert Fortino was noted regarding the Plan-
~884
ning Commissions' denial to grant variance to reduce Density Lim-
itations in an"R-311 District from 2,000 sq. ft. to 1,733 sq. ft.
per unit for lots 116, 117, and 118. Motion was made by Council-
man Duffin seconded by Councilman Kennedy and carried that a
Public Hearing date of January 6, 196i be set for hearing said
appea 1 .
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Plan. Com. Report Secretary of the Planning Commission Henry reported on
12/5/-9/68 the Planning Commission Report of the December 5, 1968 regular ---
,Meeting noting the Commissions' denial of a variance request of
Albert Fortino regarding density reduction of three (3) lots on
El Cerrito Way; noted approval granted Standard Oil Co. to con-
struct an additional Illube" bay at their service station at Way-
land Lane and First Street; noted public hearings set before the
Planning Commission for their December 19, 1968 meeting regarding
rezoning request of Gilroy Development Co. for property at the
south side of Hecker Pass Highway (First Street)', west of Miller
Avenue; a rezoning request of Gemma Garbini for 1.4 acres located
at the northeast corner of Murray Avenue and Leavesley Road; a
rezoning request of Ben Morton for property on the west side of
Wren Avenue opposite El Cerrito Way, and a proposed amendment of
Section 53.2 (b) of the Zoning Ordinance to eliminate oil macadam
surfacing as acceptable surfacing on parking lots; noted report of
Planning Commissions' Special Meeting of December 9, 1968 to study
Planned Unit Development Ordinance setting January 2, 1969 as a Public
Hearing date before the Commission on same; noted a review of the
tentative map of George Duffin for property near the northwest corner
of Hecker Pass Highway (First Street) and Morey Av~ ue, tabling action
on same in order to allow time for Staff to study drainage and street,
patterns for said proposed development.
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Intergovern-
mental
The Mayor deviated fcom the regular agenda in order to receive
a Department of Housing & Urban Development Intergovernmental Coopera-
tion Award from Mr. John Yinger, on behalf of the Santa Clara County
Planning Policy Committee.
-
Monthly Reports City Administrator Wood presented a Summary of the Monthly
Nov. 168 Reports of November 1968 and same were noted and discussed.
Disbursements The Report of Disbursements from November ll, 1968 to December
10, 1968 were noted.
Salary Increases City Administrator Wood presented a report of Salary merit
Increases recommending approval of same as follows: Robert F. Waters,
Patrolman, Range 26.5 from Step liB" $647. to Step "C" $680.; Joseph
D. Daughenbaugh, Patrolman, Range 26.5 from Step "All $617. to Step "BII
$647.; Francisco Castro, Utility Man, Range 21.5 from Step 'WI $483.
to Step "B" $507.; and Arnoled J. Wenneberg, Utility Man, Range 21.5
from Sept IIC" $533. to Step "D'I $560. to become effective January,
1969, noting the effective date of Joseph Daughenbaugh to be retro-
active to November 1, 1968. Motion was made by Councilman Duffin
seconded by Councilman Allemand and carried that the Salary Merit r~
Increases as presented by approved to be effective January 1, 1969,
with the exception of Joseph Daughenbaugh's increase to be effectvie ~
retroactive to November 1, 1968.
Jt. Sewer Agree. City Administrator Wood presented and explained a report on
re: Supple- a proposed Supplement to~e Joint Sewer Agreement between Gilroy and
ment Morgan Hill. Discussion was had noting Staff's Meeting with the Mayor
and City Administrator of the City of Morgan Hill on December 16, 1968
in regard to said proposed supplement. As a result of said meeting, it
was noted that Morgan Hill agreed to eliminate the proposed $6,OQO.00
request for partial payment of the 18" 1 ine from Farrell to Ronan,
Avenues and that Gilroy.s net cost for the Joint Sewer Project is
$70,333.63. Discussion was had in regard to the proposed Supplement
Agreement and recommended by Council to change the proposed amendment
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Kaiser Medical
Care Plan
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Res.#1299 re:
City Lands
(De Be 11 )
......,
.-,-,..,iiIj
I ntro. Ord. re:
Vending Mach-
ines
Hoey Land Adj.
Golf Course
2885
to Section 5(a) (li) from 4.0 million gallons per day to 3.1 million
gallons per day to Farrell Avenue and noted by Staff that Morgan Hill
representatives agreed with said change; further recommended by
Council that the City Administrator refer the following changes in the
proposed Supplement Agreement to Morgan Hill for their consideration
of same; Section 3(ii) changing the 5 yr. termination clause to 3 yrs.;
Section 3(iv) changng arbitration proceedings costs to be borne by
city not receiving judgement; Section 5(b) deleting said amendment to
original agreement; Section 7(a) eliminating supplemental proposal of
Ilno rental" over the first 500,000 gallons arild_changing same to a
rental rate of 3.875 cents for gallons of metered flow over the first
500,000 gallons; under same section proposal recommending 15 yrs.
period of rental by Morgan Hill be deleted from supplemental agreement.
It was further noted by City Administrator Wood and agreed by
Morgan Hill representatives that the sewer meter installed by contrac-
tor at San Martin location should be relocated at Highland Avenue.
Council further recommended that a "maintenance and labor costll clause
be proposed within the Supplemental Agreement for Morgan Hill and
Gilroy's approval of same. Council recommended that the recommended
changes, deletions, and additions be forwarded to the City of Morgan
Hill for discussion at their December 23, 1968 regular Council Meeting
and if further discussion is necessary that the Joint Sewer Council
Committees of Morgan Hill and Gilroy should meet to discuss same.
City Administrator Wood presented a report requesting Staff
to investigate the Kaiser Foundation Medical Care Plan. Motion was
made by Councilman Quartiroli seconded by Councilman Wentworth and
carried that Staff be allowed to proceed with the investigation of
the Kaiser Foundation Medical Care Plan as requested.
City Administrator Wood presented a report requesting
authorization to convey two (2) parcels of City Owned Land to
Dennis and Charlotte DeBell and requested authorization to retain
the 10% deposit for Parcel #1 due to the Title Company refusing
to issue a policy of title insurance until mid-July 1969. Motion
was ~ade by Councilman Kennedy seconded by Councilman Silva that
the reading of Resolution No. 1299 be waived and that it be adopted.
RESOLUTION NO. 1299
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AUTHORIZING SALE
OF A PARCEL OF CITY OWNED LAND TO DENNIS DE BELL AND CHARLOTTE
DE BELL, HIS WIFE, FOR THE SUM OF EIGHT THOUSAND PIVE HUNDRED
SEVENTY ONE DOLLARS AND SIXTY THREE CENTS ($8,571.63).
PASSED AND ADOPTED this 16th day of December, 1968, by the follow-
ing vote:
AYES:
COUNCIL MEMBERS:
Allemand, Duffin, Kennedy, Quartirol i,
Silva, Wentworth and Goodrich.
None
None
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Motion was made by Councilman Duffin seconded by Councilman
Wentworth and carried that the City be authorized to:retain the
10% deposit for Parcel #1 as recommended.
City Administrator Wood presented an ordinance revIsing the
license requirements for Vending Machines. Motion was made by
Councilman Kennedy seconded by Councilman Allemand and carried
that the reading of the proposed ordinance regarding revision of
license requirements for Vending Machines as presented be into-
duced and publ ished by title and summary.
City Administrator Wood presented and explained a report on
the Acquisition of Lands Adjacent to the Gilroy Golf Course, owned
by Howey. Council agreed to the 2.179 acre parcel exchange for
the 60 foot right-of-way and for City to relocate the existing fence
as an even exchange with no costs involved and requested that
Staff inform Mr. Hoey of same and that the City does not agree to
the $3,500.00 request, and instructed Staff to re-submit the City's
original proposal.
:?886
Agree. re:
Architect for
Chri stmas Hi 11
Park Play Area
City Administrator Wood presented a Letter Agreement in
regard to the Development of the Children's Play area at Christmas
Hill Park. Council agreed that the Letter Agreement as submitted
was sufficient as recommended.
Auction Surplus City Administrator Wood presented a request to auction
Property-City Surplus City Property including a 1952 Chevrolet pickup. Motion
was made by Councilman Wentworth seconded by Councilman Silva and
mrried to approve the request for an Auction of Surplus City
Property as recommended to include a 1952 Chevrolet pickup, at the
minimum of $75.00.
Commissioners
appo~ntments
Ord.Rezoning
Port i on of
G i 1 roy Theatre
Co. property
Res.#1300 re:
CATV Rate
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The Mayor recommended the reappointment of Mrs. Vance
Baldwin as Commission on the Library and Culture Commission.
Motion was made by Councilman Wentworth seconded by Councilman
Silva and carried that Mrs. Vance Baldwin be appointed Commissioner
to the Library and Culture Commission for a full 4 year term ex-
piring January 1, 1973.
The Mayor recommended the reappointment of Will iam Boyle
as Commissioner on the Personnel Commission. Mo~ion was made by
Councilman Allemand seconded by Councilman Kennedy and carried that
William Boyle be appointed Commissioner to the Per9:>nnel Commission,
for a full 4 year term expiring January 1,1973. .
The Mayor submitted the names of Trevis Berry_and Gal'lY
Hudson for appointment on the Planning Commission. ,Council cast
a majority of their ballots for Trevis Berry. Moti on was made by
Councilman Duffin seconded by Councilman Kennedy and carried that
Mr. Trevis Berry be appointed Commissioner to the Planning Com-
mission for a full 4 year term expiring January 1, 1973.
The Mayor submitted the names of Richard Gomer and Silvain
LeDeit for appointment on the Parks & Recreation Commission.
Council cast a majority of their ballots for Mr. Richard Gomer.
Motion was made by Councilman Kennedy seconded by Councilman Duffin
and carried that Mr. Richard Gomer be appointed Commissioner to the
Parks & Recreation Commission for a full 4 year term expiring
January 1, 1973.
.....
......,
The City Attorney presented and explained Ordinance No. 838
rezoning a portion of the premises at the northeast corner of
Hecker Pass Highway (First Street) and Kern Avenue from $-1 Dis-
trict to C-l District belonging to the Gilroy Theatre Company.
Motion was made by Councilman Wentwooth seconded by Councilman
Duffin that the reading of Ordinance No.838 be waived and that
it be adopted.
ORDINANCE NO. 838
ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF
SAID CITY BE REZONING A PORTION OF PREMISES AT THE NORTHEAST
CORNER OF HECKER PASS HIGHWAY AND KERN AVENUE FROM Rl DISTRICT TO
C 1 D I STR I CT.
PASSED AND ADOPTED this 16th day of December, 1968, by the follow-
ing vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Allemand, Duffin, Kennedy, Quartiroli,
Silva, Wentworth and Goodrich.
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
.......
......
The City Attorney presented and read Resolution No. 1300
approving the CATV rate changes. Motion was made by Councilman
Wentworth seconded by Councilman Duffin that REsolution No. 1300
be adopted.
,.!'i,'.~ .. ,."'IIt
~887
RESOLUTION NO. 1300
RESOLUTION AMENDING RATES AND CHARGES OF THE COMMUNITY ANTENNA
TELEVISION SYSTEM.
PASSED AND ADOPTED this 16th day of December, 1968, by the follow-
ing vote:
AYES:
COUNC I L t-f MBERS:
Allemand, Duffin,
Silva, Wentwotth,
None
None
Kennedy, Quartir61i,
and Goodrich.
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
S.C.Trans.Policy The Minutes of the County of Santa Clara Transportation
.- Com.Meet. Policy Committee Meeting of November 20, 1968 were noted.
11/20/68
Minutes Plan.
Po 1 icy Com.
S.C. Co. Exec.
Com. Meet.
1 V2 1 /68
Newsletter re:
S.C.Co. Trans.
Plan.StlIdy
The Minutes of the Planning Policy Committee of Santa Clara
County Executive Committees' Meeting of November 21, 1968 were
noted.
A Newsletter of Santa Clara County's Transportation Planning
Study Nb. 11, November 1968 issue, was noted
Stone & Youngberg A "Municipal Financing Letter" from Stone & Youngberg No. 13,
Finance December 2, 1968 was noted.
Letter
Manzo & Lazzarini A letter from Blair-Westfall Engineers was presented and
property pro- read in regard to the lands of Manzo and Lazzarini. A map of
perty pro- said proposal was also reviewed. Mr. Westfall addressed the
posal Council and further explained said proposal. Council discussed
same and did not concur with said proposed development until
Public Law No. 566 project is ~plete to take care of the pro-
posed drainage waters from development in said vicinity.
\110,,,,," .
.Foley & Burk
Carnival
City Administrator Wood presented a request of Foley and
Burk for a Carnival License for May 21st through 25, 1969 to be
located at the Town Plaza Shopping Center. Motion was made by
Councilman Wentworth seconded by Councilman Silva and carried that
the request of Foley and Burk to conduct a Carnival on ,May 21st
through 25, 1969 be granted.
Commercial Swim. A letter request of the County Health Department in regard
Pool Service to a new County Ordinance regulating Commercial Swimming Pool
Regulations Services was presented. Motion was made by Councilman Quartiroli
seconded by Councilman Wentworth and carried that a proposed
ordinance be introduced by title and summary, same to be by ref-
erence under Article 13 of Chapter 1 Title 5 of Santa Clara
County Ordinance Code relating to Swimming Pool Services.
Ass'n. of Metro- A letter from the Association of Metropolitan San Jose was
politan San presented requesting a City contribution of funds for a site
Jose contri- study for a Convention Arena Center. Discussion was had. Council
bution request tabled action on same to await further information on same by a
representative of said Association.
...,..".A
S.C.Co. re:
rabies Area
S.C.Co. Heart
As sin. so 1 i -
tat i on
A letter from the State Department of Public Health was
noted in regard to Rabies Areas, including Santa Clara County.
A letter from the Santa Clara County Heart Association
was presented requesting sol~ itation Permit during February 1969.
Motion was made by Councilman Kennedy seconded by Councilman Went-
worth and carried that a solicitation permit be granted the S. C.
Co. Heart Ass'n. for the month of February 1969 as requested.
Calif. Com. re: A letter from the California Commission on Aging was pre-
Aging sented requesting designation of a local Laison. Council referred
2888
same to the Mayor to contact the Local Senior Citizens' Organiza-
tion regarding same.
Downtown Beauti- A letter from Mr. E. H. Bibbens was presented in:regard to
fication Plan Beautification of the Downtown Area. Discussion was had on same.
Council agreed that Staff contact the Architects (Kimura & Gar-
finkel) to prepare a proposal of one block in the downtown area
regarding a beautification plan for same, noting that said Firm
is presently planning for the Playground area at Christmas Hill
Park. It was further noted that a proposed plan of this type for
the Downtown Area will guide the interested merchants in preparing
plans for said area.
Elks' Septic
Tank Plans
Fence between
City Parking
Lo t and We 11 s
Fargo Bank
City rates &
fees
--
IIiIIIIIIf
Councilman Kennedy reported on the Elks' Council Building
Committee meeting in regard to the Septic Tank Plans for the Elks'
building and noted that the Committee recommended approval of
the proposed plans subject to the Elks' Organization being re-
quired to correct any seepage occuring under the Golf Course fair-
ways if same should occur. Motion was made by Councilman Kennedy
seconded by Councilman Wentworth and carried that the Elks' Sept{c
Tank plans for their building be approved subject to the necessary
corrections being made by the Elks' Organization if any seepage
should occur under the Golf Course Fairways as recommended by the
Councils' Elks' Building & Grounds Committee.
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Councilman Wentworth requested Staff to investigate the
possibility of removing the fence between the City of Gilroy's Parking
Parking Lot and the Wells Fargo Bank's parking lot.
< .
"
The City Attorney suggested that all City
be set forth and approved by resolution and that
in a rate book available for publ ic inspection.
curred with said suggestion.
rates and fees
same be printed
Council con-
...
...
Self Help Housing Councilman Kennedy inquired of progress of the Self Help
Project #1 Housing project, in regard to annexation of said territory to
the City of Gilroy for Project #1. City Administrator Wood re-
ported that a recent California annexation law allows annexation
of inhabited territories involving more than eleven registered
voters if all said persons sign a petition requesting annexation
of their property to the City, and that such a petition is being
prepared by the City Attorney for the Self Help Housing Project.
Access road to
Animal Pound
Traffic Count
1st & Mi ller-
1st & Hanna
Director of Publ ic Works Henry noted that the Cou~ty of
Santa Clara recently complained of the condition of the road en-
route to the Animal Shelter (Pound facil ities) and further noted
that said road would have to be maintained by the County since
it is not within the City Limits.
D14,rector of Pub 1 i c Works Henry noted that to date he had
not received the Traffic Count report from the State Division of
Highways for a recent traffic count taken at 1st & Miller Avenue
and at 1st & Hanna Streets.
.....
Emp. Ass'n rep. The Mayor noted the presence of Employees' Ass'n. rep-
sresentatives M. Whiting and R. Alonzo.
.....
Adjournment
At 10:55 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
/J ". ,,}.
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~ /l('lImud 01 G;-~
~~ City Clerk