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Minutes 1969/10/20 Roll Call Minutes 3027 Gilroy, Cal ifornia October 20, 1969 The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:00 p.m. The Mayor introduced new employee, William Demichel is, Equipment Maintenance Man. Counci lman Pate noted an error in the minutes of the RegJ lar Meeting of October 6, 1969 in regard to the roll call vote of Resolu- tion No. 1391 indicating Councilman Pate and Silva voting "ayell on said resolution, contrary to their actual vote of "no" on same. Councilman Kennedy requested clarification of the minutes in regard to the contribution by Donald S. Kavanagh noted in said minutes to be $15,000.00 'as an additional payment toward construction of the extension of South Chestnut Street proposal, same understood by Councilman Kennedy to be $15,000.00 or cost of one-half of said ex- tension projec~1 and interpreted within said minutes to be a maximum contribution of $15,000.00 or cost of one-half of said street whichever would be less. 3028 Pub.Hear.re: L. Conne 11 rezoning Intro.Ord. Pub.Hear.re: O.B.L.'s L 1 agas Creek f 1 oodways Plan. Com. Repor t 10/16/69 City Administrator Wood noted that Staff would refer to the tape recording of said minutes to determine clarification of same. The City Clerk also noted a typographical err,or showing Council- man Wentworth voting "ayellon Ordinance No. 867, when he actually was absent during said roll call vote; same to be corrected in the ori- ginal book of minutes of the City Council. - ..... Councilman Batrez commented in regard to developers contributing additional monies for projects and that the City should act upon a specific project on its own merits rather than in consideration of additional money advances to the City. (', ., I , .... The Mayor stated that it was the time and place scheduled for the publ ic hearing on the proposal to rezone property belonging to Laurence Connell located at the southwest corner of Pierce and Church Streets from R-lto R...3 District. He asked if there was anyone in the audience wishing to speak for or against the proposal. There was no comment from anyone in the audience. Qirector of Public Works- City Engineer Henry reported on the proposal. Motion was made by Councilman Duffin seconded by Councilman Wentworth and carried that the Public Hearing be closed. Discussion was had by Council in re- gard to the subject property and its relation to flooding areas within the City. The City Attorney presented and explained a proposed ordinance rezoning said property. Motion was made by Councilman Pate seconded by Councilman Wentworth and carried that the reading of the ordinance be waived and that it be introduced and publ ished by title and sum- mary. The Mayor stated that it was the time and place scheduled for the public hearing on the setting of official Floodway Plan Lines for all portions of the Upper and Lower Llagas Creeks and Tributaries within the City Limits. ..--, City Engineer Henry noted that Mr. Lloyd Fowler, Chief Engineer of the Santa Clara County Flood Control District was present in the audience. The Mayor asked if there was anyone in the audience wish- ing to speak for or against the proposal. There was no comment from anyone in the audience. Motion was made by Councilman Duffin seconded by Councilman Wentworth and carried that the Publ ic Hearing be closed. i ...... Council discussed said proposed floodway plan lines. . ' At the request of Mr. Lloyd FQ~ler, The Mayor reopened the Publ ic Hearing. Mr. Fowler addressed the Council and commented in regard to said floodway plan lines, requesting that they be approved by the juris- dictions in which said plan lines lie. He noted that any utilities or street improvements within said plan 1 ines at the time of construction would be a relocation charge against the Project #566 and would be re- located; that if any improvements were desired by the City at a future date following the 566 Project, the same could be provided under a Cooperative Agreement with the District. He noted however, that the City would be required to pay for any additional width or oversizing of said work requested by the City during the 566 Construction Project. " ' , f ""',> ':- .. Council tabled action in regard to setting official floodway plan lines in order to review and further study same; proposed to introduce an ordinance in regard to said floodway plan lines at the next regular Council Meeting. 'I I I I ...~ Director of Public Works-City Engineer Henry explained the report of the Planning Commissions' Meeting of October 16, 1969 in- forming Council of a Special Meeting set for October 30, 1969 as a Publ ic Hearing on the request of Orman T. Smith to rezone property containing 37.23 acres located at the southwest corner of Tenth and '" Rosanna Streets from R-l to R-3 District, noting that said property was incorrectly posted for the first hearing. The City Attorney sug- gested that Council set a Publ ic Hearing date in regard to said pro- posed rezoning for the November 3, 1969 meeting in order to save time since the delay was an inconvenience to the petitioner and caused by the Ci ty. ... ,.... .... ",... ~ ~ I ..... ".... , I ~ ..... ... , Monthly Reports Sep t. 169 Disburse- ments Salary Increases Res.#1402- 1404 re: 3029 Motion was made by Councilman Pate seconded by Councilman Went- worth and carried that a Public Hearing be set for November 3, 1969 at 8:00 p.m. as recommended. The Planning Commission Report further recommended that White- hurst Road off of Hecker Pass Highway be renamed to Renz Gulch Road upon the request of the County to rename same as there is another Whitehurst Road in the County to the east of Gilroy. Discussion was had on the matter. Motion was made by Councilman Pate seconded by Councilman Batrez and carried that said Road be renamed Renz Road. The Summary of Monthly Reports of September 1969 was noted and discussed. The Report of Disbursements from September 1, 1969 to September 30, 1969 were noted. A Report recommending a Salary Merit Increase for the following employees was noted: Robert Wilson, Police Sergeant, Range 20.5 from Step "B11 $786.00 to Step "CII $825. and Joseph Daughenbaugh, Patrolman, Range 28, from Step "B" $696.00 to Step IIC" $713.00. Motion was made by Councilman Kennedy seconded by Councilman Silva and carried that the salary merit increases for Robert Wilson and Joseph Daughenbaugh be increased as recommended. City Administrator Wood noted that Mr. Phil Assaf, Bond Attorney, was present in the audience in regard to explanation of resolutions required in regard to General Obligation Bonds for the New Headquarters Fire House and Northside Park Improvements. Mr. Philip Assaf addressed the Council and presented the follow- ing resolution: Motion was made by Councilman Wentworth seconded by Councilman Silva that Resolution No. 1402 be adopted. RESOLUTION NO. 1402 PROVIDING FOR THE ISSUANCE OF $350,000 PRINCIPAL AMOUNT OF CITY OF GILROY GENERAL OBLIGATION BONDS OF 19-69, 'FIRST DIVISION, BEING PART OF AN ISSUE OF $950,000 AUTHORIZED AT AN ELECTION HELD IN SAID CITY ON APRIL 8, 1969; PRESCRIBING THE DATE, DENOMINATION, FORM AND NUMBERS AND DATES AND AMOUNTS OF THE MATUR I TY OF THE BONDS AND COUPONS OF THE FIRST DIVISION OF SAID AUTHORIZED ISSUE; FIXING THE MAXIMUM RATE OF INTEREST THEY SHALL BEAR, AND PROVIDING FOR THE LEVY OF A TAX TO PAY THE PRINCIPAL AND INTEREST THEREOF - CITY OF GILROY - GENERAL OBLIGA- TION BONDS OF 1969 - FIRST DIVISION. PASSED AND ADOPTED this 20th day of October, 1969, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, worth, a nd Goodrich. I~ one None Pate, Silva, Went- NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Resolution No. 1403 was presented. Motion was made by Councilman Duf- fin seconded by Councilman Wentworth that Resolution No. 1403 be adopted. RESOLUTION NO. 1403 CALLING FOR BIDS ON $350,000 OBLIGATION BONDS OF 1969. PASSED AND ADOPTED this 20th vote: AYES: COUNC I L MEMBERS: FIRST DIVISION OF CITY OF GILROY GENERAL day ,of October, 1969, by the following NOES: ABSENT: Batrez, Duffin, Kennedy, Pate, Silva, Went- worth, and Goodrich. None None COUNCIL MEMBERS: COUNCIL MEMBERS: Resolution No. 1404 was presented. Motion was made by Councilman Pate seconded by Councilman Duffin that Resolution No. 1404 beadopted. 3030 Water Samples Water Pres- surization Proj ect Downtown Beautifica- tion Plan Un ion 0 i 1 Co. Dev. Weed Abate- ment Con- tract Ord. #868 (House Num- bering Plan) Plumbing, etc. Codes RESOLUTION NO. 1404 APPROVING OFFICIAL NOTICE OF SALE AND PROSPECTUS - CITY OF GILROY $350,000 GENERAL OBLIGATION BONDS OF 1969 - FIRST DIVISION. PASSED AND ADOPTED this 20th day of October, 1969, by the following vote: AYES: - \Ii'i". COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, worth, and Goodrich. None None Pate, Silva, Went- Discussion was had in regard to the matter of an Architect for North- side Park Improvement. ~ '..>,"'" The Report of satisfactory Water Samples taken by the Santa Clara County Health Department was noted. City Administrator Wood presented and explained the report in regard to the Financial Status of the Water Pressurization Project, Phases 1 & 11. City Administrator Wood presented a Progress Report on Downtown Beautification Plan noting an invitation to the Council for a No-Host Dinner Scheduled for October 28, 1969 at the Elks' Club Lodge in re- gard to said proposed plan. Council Members Pate, Goodrich, Duffin~ and Wentworth noted that they will attend same. Director of Publ ic Works-City Engineer Henry presented and ex- \ plained the Development Agreement of the Union Oil Co. on Leavesley Road and Whitehurst Avenue, requesting authorization to execute same. Motion was made by Councilman Wentworth seconded by Councilman Silva and carried that said Development Agreement be approved subject to stipulations as outl irnd by the Director of Publ ic Works. ...... """", Fire Chief Brittain requested approval of specifications for a 2 year Weed Abatement Contract with an additional year option at Council IS discretion. Discussion was had in regard to same. Motion was made by Councilman Duffin seconded by Councilman Wentworth and carried that the specifications for a two (2) year Weed Abatement Contract be approved as presented with an additional year option to be executed at the Council's discretion and that Staff be authorized to call for bids in regard to same. Ordinance No. 868 previously introduced and publ ished by title and summary was presented. Motion was made by Councilman Kennedy seconded by Councilman Silva that the reading of Ordinance No. 868 be waived and that it be adopted. ORDINANCE NO. 868 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTIONS 20.29, 20.30 and 20.31 OF THE CITY CODE SO AS TO PROVIDE FOR THE NUMBERING OF BUILDI NGS IN ACCORDANCE WITH THE SOUTH SANTA CLARA COUNTY UNIFORM HOUSE NUMBER- ING PLAN. PASSED AND ADOPTED this 20th day of October, 1969, by the following vote: AYES: ..,/ ..... COUNCIL MEMBERS: Batrez, Duffin, Kennedy, worth, and Goodrich. None None Pate, Silva, Went- -- NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Discussion was had in regard to adoption of the 1967 Plumbing Code and 1968 Electrical Code with amendments. Motion was made by Councilman Kennedy seconded by Councilman Duffin and carried that the reading be waived and that an ordinance be introduced and publ ished by title and summary specifically to include adoption of all of the Building Codes (Plumbing, Mechanical, Electrical, etc.) as recommended and to refer to the latest edition to be approved by Council resolu- tion. ... .. '" ..... Intro.Ord.re: CATV Bond .. Sol ici tation re: Hope for Retarded Ch i 1 d ren r- .... Antitrust Suit re:Auto. Mfg. FB I Letter of Commenda- tion Llagas Creek Proj ect Funds Mini Seminar re: Freeways ~ .. Metro S.J. Ass'n membership Sign Ord. Ord.re:penalty for unposted vend.machines "...., Cert if i cate Zoning Com- p 1 i a n ce Res.#1405 ~ - ..... 3031 The City'Attorney presented and explained an ordinance amending Ordinance No. 759 re: Bond Requirement for Cable TV. Motion was mad~ by Councilman Pate seconded by Councilman Silva and carried that said ordinance be introduced and published by title and summary. A letter from Hope for Retarded Children and Adults was noted, re- quested a Proclmation recognizing "Mental Retardation Month", same scheduled for the month of November 1969. Motion was made by Council- man Wentworth seconded by Councilman Pate and carried that said Pro- clamation be issued as requested. A letter from the State Attorney General was presented in re: to Civil Antitrust Suit Against Automobile Manufacturers' Ass'n., et ale Motion was made by Councilman Wentworth seconded by Councilman Batrez that a resolution be introduced authorizing the State of Cal ifornia Attorney General to Proceed on Behalf of the City of Gilroy for Damages Arising from Smog; said resolution was defeated by the following vote: Ayes; Council members; Batrez and Wentworth. Noes; Counail members: Duffin, Kennedy, Pate, Silva, and Goodrich. A letter from the U.S. Dept. of Federal Bureau of Investigations was noted commending local Police Officers Wilson and Lester. The Mayor instructed the Chief of Police to convey same to said Officers. A letter from Congressman Don Edwards to the Soil Conservation District, in regard to available funds for the Upper and Lower Llagas Creek Watershed Projects was noted. An invitation to a "Mini Seminar" at the San Jose Hyatt House in regard to Freeways and Highways scheduled for November 13, 1969 sponsored by Metro San Jose Ass'n was noted. Council wished to be reminded of said Seminar. A letter to the Mayor from Metro San Jose Association was pre- '-, sented inviting the City to membership in said association at $10.00 per month, membership fee or $120.00 annually. Motion was made by Councilman Batrez that the City join said Association. Said motion died due to lack of a second on same. Councilman Pate, Chairman of the Sign Ordinance Committee, re- ported on the proposed Sign Ordinance recommended for adoption to be introduced at the scheduled Pu~ ic Hearing of November 3, 1969. Council concurred with said r,ecommendations of the Sign Ordinance Commi ttee. The City Attorney suggested that an ordinance be adopted pro- viding for a penalty for unposted vending machines. Council concurred and instructed the City Attorney to prepare same for introduction. The City Attorney presented Resolution No. 1405 requesting the State Director of Publ ic Works to require presentation of a Certifi- cate of Zoning Compliance. Motion was made by Councilman Pate seconded by Councilman Silva that Resolution No. 1405 be adopted. RESOLUTION NO. 1405 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY REQUESTING THE STATE OF CALIFORNIA DIRECTOR OF PUBLIC WORKS TO REQUIRE PRESENTATION OF A CERTIFICATE OF ZONING COMPLIANCE. PASSED AND ADOPTED this 20th day of October, 1969, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, worth, and Goodrich. None None Pate, Silva, Went- NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: 1 3032 Fed.Grant re: Sewer Treat. Proj. City Administra~or Wood noted that the Federal Government Grant approved for the Sewer Treatment Plant Project after reapplication, now totals $25,140.00; noting that the original grant was in the amount of $14,490.00. Motion was made by Councilman Duffin seconded by Councilman Wentworth and carried that said Grant in the amount of $25,140.00 be accepted. Miller Crossing Director of Publ ic Works-City Engineer Henry reported that the materials for the Miller Avenue Creek Crossing Improvement had been ordered. Grad. Exercises Chief of Pol ice Laizure noted that the Graduation Exercises for re:Basic Basic Academy had been scheduled for December 12, 1969. Academy Representat- tives Bonanza Days' Committee re: Centennial Celebration ABAG Gen. Assembly Adjournment The Mayor noted the presence of Planning Commission representa- tive Brodersen and Parks & Recreation Commission representative Gomer. The Mayor appointed Councilman Pate, Cnairman and Council Mem- bers Duffin and Wentworth as a Council Committee to represent the City to work with Bonanza Days' Committee in regard to the proposed 1970 Centennial Celebration. . The Mayor noted the Association of Bay Area Governments' General Assembly scheduled for October 31, 1969. Councilman Wentworth requested that Commission representatives at the Council Meetings and Council representatives at the Commission Meetings should be noted in the minutes of each Board. At 10:43 p.m. the Mayor adjourned the meeting. Respectfully submitted, ~~ t. Ai---:- - , . City Clerk ~