Minutes 1969/11/17
r-
Roll Call
Intro. Sr.
Citizens'
Adv.Com.
United
Fund
Minutes
3041
Gilroy, California
November 17, 1969
The Regular Meeting of the Gilroy City Coun~il was called to
order by His Honor 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.Silva, Everett C. Wentworth,
and Norman B. Goodrich.
The Mayor introduced members present of the Sr. Citizens' Ad-
visory Committee.
City Administrator Wood presented United Fund "Fair Share
Awardsll to the following City Employees: Robert Wilson, Sheldon Shel-
vock, Paul Crumrine and Leonard Waltmeyer.
The Minutes of the Regular Meeting of November 3, 1969 were
approved, noting a typographical error omitting Councilman Mark E.
Kennedy as being present at the Roll Call vote and approved the minutes
3042
8th St. Imp.
Bids
G.O.Bonds
Re: Fi re
S tn . & N.
Side Pk.
Imp.
Pub.Hear.
re: 8th St.
Imp. Di st.
Res.#1413
G.O.Bonds
of the Special Joint Planning Commission-Council Meeting of November 13,
1969.
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Director of Publ ic Works-City Engineer Henry reported on the
following bids received in regard to construction of IIEighth Street
Improvement District 1969-2", opened November 12, 1969 at 2:00 p.m.:
George C. Renz Const. Co., Inc. - $42,993.40 and Granite Construction
Company $48,949.90; noting that the low bid should be awarded following
formation of the proposed Assessment District.
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City Administrator Wood reported that no bids were received
in regard to Improvement Bonds for IIEighth Street Improvement District
1969-2"; that the following bids were received on Improvement B01 ds for
the Fire Station Headquarters and Northside Park Improvement: United
California Bank - Net Average Interest Rate: 5.97%, Bank of America N.T.
& S.A. - Net Ave. Int. Rate: 5.992%; recommending that said bid be
wwarded to United California Bank and negotiate in regard to Bonds for
"Eighth Street Improvement Project 1969-2" if said assessment district
is formed.
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The Mayor announced that this was the time and place of hearing
on the Engineer's Report prepared pursuant to Resolution of Preliminary
Determination and of Intention No. 1393.
Mr. Larry Jensen, Bond Attorney of Wilson, Jones, Morton &
Lynch, addressed the Council and explained the procedure required in
formation of the proposed district.
The following written protests were read by the City Clerk,
considered and ordered filed: Letter from Joseph A. Moridell i,408 Old
Gilroy Street, protesting to formation of said assessment district;;
petition from additional property owners within said proposed assess-
ment district opposing same; also presented and read was a letter from
Mr. & Mrs. L. G. Edwards, owners of Pacheco Pass Motel, in favor of
formation of said district.
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It was notee,by Staff that 37.7% of the property owners within
the proposed district were in favor of same and that 69.3% were opposed
to same and that these percentages were based upon area.
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The Mayor then asked if there was anyone present desiring to
be heard and the following wishing to speak were given the opportunity:
Carmen Vital i, Tony Fazio (representing a property owner) Marian Bejar,
Joseph Mondell i, Josie Fazio. Mrs. Camacho, representing property owner,
Jean Marie DiX, inquired in regard to necessity of curbs and gutters
included in the proposed district.
Motion was made by Councilman Wentworth seconded by Councilman
Pate and carried that the Publ ic Hearing be closed. After discussion
and consideration by the Council, motion was made by Councilman Kennedy
seconded by Councilman Silva and carried that the Public Hearing be re-
opened in order that said hearing could be continued in order for Staff
to attempt to reduce assessments by el jminating certain improvements.
Motion was made by Councilman Kennedy seconded by Councilman
Wentworth and carried that the Publ ic Hearing of the "Eighth Street
Improvement District - Project 1969-2" be continued to December 1,
1969 at 8:00 p.m.
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The following addressed the Council: Mr. George Porcella in
regard to the extension of South Chestnut Street, Mrs. Camacho in favor
of said district, Mrs. Josie Fazio in regard to the condition of the
present street ,(8th St.); and Mrs. L. G. Edwards in favor of the pro-
posed improvement.
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Resolution No. 1413 Awarding the Sale of the First Division of
General Obligation Bonds in regard to the Fire Station Headquarters and
Northside Park Improvements was presented.
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Plan. Com.
Report
11/6/69
Rezoning
J.Cyri 1
Johnson
I nves t. Co.
Res.#1414
re:rezon-
ing of non-
conforming
zones
Res.#1415
Sec.49-Zon.
Ord.
3043
Motion was made by Councilman Duffin seconded by Councilman
Wentworth that Resolution No. 1413 be adopted.
RESOLUTION NO. 1413
AWARDING SALE OF BONDS ~ GENERAL OBLIGATION BONDS OF 1969 - FIRST DIVI-
SION - $350,000 - CITY'OF GILROY.
PASSED AND ADOPTED this 17th day of November, 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:
Secretary of the Planning Commission Henry presented and ex-
plained the Report of the Planning Commission Meeting of November 6,
1969 recommending denial of rezoning request ofJ. Cyril Johnson In-
vestment Corp. to rezone property located on the west side of Prince-
valle Street at Seventh Street from "R-l" to "R-3". Motion was made
by Councilman Pate seconded by Councilman Silva and carried that a
Publ ic Hearing date of December 1, 1969,be set for said rezoning re-
quest.
The Commission Report further noted denial of a Variance re-
quest of Ben Morton to reduce the required rear yards from 151 to 10'
in Tierra Del Roble Subdivision (Tract 4678) ; noted review of the plans
of the Kavanagh Development; informed Council of a Public Hearing of
November 20, 1969 set before the Commission regarding zoning request of
E. E. Arras to prezone from "l-Z" to "R-4", 23.9 acres on North Tatum
Avenue south of Vickery, west of Wren Avenue upon annexation, for a
Mobile Home Park; noted approval of the Tentative Map of Bollenbacher
and Kelton for a,proposed subdivision; noted Public Hearing of December
4,1969 before the Commission in regard to certain parcels zoned "C-l"
and "C-2" for more than 3 years and presently undeveloped; flloting Com-
mission Resolution No. 455 opposing an indefinite starting date in re-
gard to the 101 Bypass; noting citation issued to owner of Tire Opera-
tion business on North Monterey Street, and noted by Staff that court
appearance on same has been scheduled for November 18, 1969; recom-
mended initiation of an amendment to the Zoning Ordinance in order that
non-conforming zones undeveloped for 3 years or zoning which is not
utilized within 3 years be referred to the Planning Commission for pos-
sible rezoning back to original zoning or in conformance with the
General Plan. Motion was made by Councilman Pate seconded by Council-
man Duffin that Resolution No. 1414 be adopted.
RESOLUTION NO. 1414
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY INITIATING POS-
SIBLE AMENDMENT OF SECTIONS 32.9 ANB 33.9 OF THE ZONING ORDINANCE.
PASSED AND ADOPTED this 17th day of November, 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:
The Commission report further requested t~at all final plans
approved under Section 49 of the Zoning Ordinance be referred to the
Planning Commission for review and report prior to presentation to the
Council for final approval. Motion was made by Councilman Kennedy
seconded by Councilman Pate that Resolution No. 1415 be adopted.
RESOLUTION NO. 1415
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY, DIRECTING THAT ALL
PLANS SUBMITTED TO THE CITY COUNCIL FOR APPROVAL UNDER SECTION 49 OF
THE ZONING ORDINANCE BE SUBMITTED TO THE PLANNING COMMISSION FOR A
REPORT AND RECOMMENDATION PRIOR'TO APPROVAL OR DISAPPROVAL BY THE
COUNC I L.
PASSED AND ADOPTED this 17th day of November, 1969, by the following
vote:
AYES:
COUNCIL MEMBERS:
Batrez, Duffin, Kennedy, Pate, Silva, Went-
worth and Goodrich
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
None
None
3044
Monthly
Reports
The Commission report further informed Council of its policy
that all petitions have complete plans prior to presentation of same
to the Commission, with Staff to determine the completenss of said
plans.
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Discussion was had in regard to the 101 Bypass priority.
Council was in accord with Staff notifying local State Legislative
representatives that the City objects to the possibil ity of the State
el iminating the 101 Bypass Project at this time and that the 1970 pre-
viously establ ished date be ret~ined.
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The Summary of Monthly Reports of October 1969 were noted and
discussed. It was noted that the cumulative totals would be suLmitted
at the next Council meeting.
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Disbursements The Report of Disbursements from October 1, 1969 to October 31,
1969 was noted, discussed and approved.
Salary Increases City Administrator Wood presented Salary Merit Increases for
the following employees to become effective December 1, 1969: Jacque-
line Martin, Accounrt Clerk - Range 20.5 Step "C" $507 to Step "DII
$533 and Neland Doughty, Fireman-Engineer, Range 27 from Step IIB"
$663 to Step "C" $696. Motion was made by Councilman Pate seconded
by Councilman Wentworth and carried that the salary merit increases as
presented be approved.
Water
Samples
1 0 th & Mon t.
Sts.Traf-
fic Study
Res.#1416
Ord.#872 re:
OPL's
Llagas
Creek
Ord. #873 re:
Signs
,
A Report of satisfactory Water Samples taken by the Santa
Clara County Health Department was noted.
Director of Publ ic Works Henry presented a report on Traffic
Study at Tenth and Monterey Streets recommending eliminating parking
on Monterey Street at Tenth. Motion was made by Counci lman Wentworth
seconded by Councilman Duffin that Resolution No. 1416 be adopted.
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RESOLUTION NO. 1416
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY PROHIBITING PARKING
ON MONTEREY STREET FOR A DISTANCE OF 350 FEET NORTH AND 250 FEET SOUTH
OF ITS INTERSECTION WITH TENTH STREET IN THE CITY OF GILROY.
PASSED AND ADOPTED this 17th day of November, 1969, by the following
vote:
AYES:
COUNCIL MEMBERS:
Batrez, Duffin, Kennedy,
and Goodr i ch,.
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None
Pate, Wentworth,
NOES:
ABSENT:
COUNCIL,MEMBERS:
COUNCIL MEMBERS:
Ordinance No. 872 establishing official Floodway Plan Lines
for Upper and Lower Llagas Creek and Tributaries was presented for
adoption. Motion was made by Cpuncilman Pate seconded by Councilman
Duffin that the reading of Ordinance No. 872 ~e waived and that it be
adopted.
ORDINANCE NO. 872
AN ORDINANCE OF THE CITY OF GILROY ESTABLISHING DESIGNATED FLOODWAYS
FOR LLAGAS CREEK AND ITS TRIBUTARIES IN THE CITY OF GILROY.
PASSED AND ADOPTED this 17th day of November, 1969, by the following
vote:
AYES:
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WIllI
COUNCIL MEMBERS:
Batrez, Duffin, Kennedy,
worth, and Goodrich
None
None
Pate, Silva, Went-
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ordinance No. 873 regulating signs was presented for adoption.
Motion was made by Councilman Pate seconded by Councilman Duffin that
the reading of Ordinance No. 873 be waived and that it be adopted.
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ORDINANCE NO. ~2~
ORDINANCE OF THE CITY OF GILROY ADOPTING SECTION 68 OF THE ZONiNG
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Ord. #874 re:
Vending
Machines
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Com.
Ethri dge
resignation
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Personnel
C'om.ap-
ptmts
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Po 1 i ce
Academy
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Housing Auth.
Trailer
Off i ce
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S.C.Co. Trans.
Pol icy
Com.
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3045
ORDINANCE REGULATING THE SIZE. LOCATION AND OTHER CHARACTERISTICS OF
SIGNS WITHIN THE CITY OF GILROY AND REPEALING ALL SECTIONS OF THE
SITY CODE AND THE ZONING ORDINANCE IN CONFLICT THEREWITH.
PASSED AND ADOPTED this 17th day of November, 1969, by the following
vote:
AYES:
COUNCIL MEMBERS:
Duffin, Kennedy,
and Goodrich
Batrez
None
Pate, Silva, Wentworth,
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
, Ordinance No. 874 providing a penalty for unposted Vending
Machines was presented for adoption. Motion was made by Councilman
Pate seconded by Councilman Silva that the reading of Ordinance No.
874 be waived and that it be adopted.
ORDINANCE NO. 874
AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 13.40-69 OF THE
CITY CODE SO AS TO PROVIDE LICENSE STAMPS FOR VENDING MACHINES, AND
PENALTIES FOR FAILURE TO AFFIX SAID STAMPS.
PASSED AND ADOPTED this 17th day of November, 1969,by the following
vote:
AYES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
None
None
The Mayor deviated from the Agenda to present a letter of
resignation from Personnel Commissioner Robert C. Ethridge. Said
letter was presented and read. Motion was made by Councilman Kennedy
seconded by Councilman Wentworth and carried that Robert C. Ethridge's
letter of resignation from the Personnel Commission be accepted with
regrets.
The Mayor submitted the following for appointment of one per-
son to fill the unexpired term of William Boyle (l-1-73) recently
resigning from said Commission: Marcel Braquet, Thomas Carr, Vernon C.
Gillott, Al Madril, Frank Reinosa, Al Sanchez, Gonza~o Steve Valencia
and Frank Valenzuela. Council submitted ballots for the commissioner
of their choice. The Mayor noted that Vernon C. Gillott had received
the majority of the votes for said Commission appointment. Motion
was made by Councilman Pate seconded by Councilman Wentworth and car-
ried that Mr. Vernon C. Gillott be appointed as Personnel Commissioner
to fill the unexpired term of William Boyle (1-1-73).
The Mayor requested Council to submit ballots for an appoint-
ment to the Personnel Commission to fill the unexpired term of Robert
Ethridge. Council submitted ballots for same. The Mayor noted that
Gonzalo Steve V~lencia had received the majority of ballots cast.
Motion was made by Councilman Wentworth seconded by Councilman Pate
and carried that Gonzalo Steve Valencia be appointed as Personnel
Commissioner to fill the unexpired term of Robert Ethridge (1-1-70).
A Memo from the Chief of Police was presented in regard to
Graduation Ceremonies, of the Pol ice Academy, scheduled forDecember
12, 1969. The following indicated their desire to attend same:
Council Members: Kennedy, Duffin, Wentworth, Batrez, Goodrich and
City Administrator Wood.
A request from Santa Clara County Housing Authority was pre-
sented in regard to Parking their Trailer Office adjacent to the
Pol ice Parking Lot. Motion was made by touncilman Wentworth seconded
by Councilman Duffin and carried that the request be granted for a
six months period only, with an option for renewal of same.
The Minutes of the County d Santa Clara Transportation Policy
Committee meeting of October 8, 1969, were noted. Councilman Batrez,
City representative, further reported on same.
3046
I n te r - C i t Y
Pol icy
Plan. Com.
Rep.
The Mayor presented a letter from Charles Gordon, Chairman of
,Inter-City Pol icy Planning Committee, requesting appointment of a
Ci ty Representative to study "S01 id Waste Disposal" and that he had
appointed Councilman Wentworth as said City representative.
City Administrator Wood noted that Assistant City Administra-
tor Reinsch was at home recuperating from a recent operation. Coun-
cilman Wentworth requested that a card be forwarded on behalf of the
City Counc i 1.
3rd St. Ext. Discussion was had in regard to the width of the Third Street
Extension in front of the School.
Miller Slough Discussion was had in regard to the used tires in Miller
Slough, north of Welburn Avenue.
Hecker Pass
Hwy
Miller Ave.
Creek
Crossing
Adjournment
Discuss,ion was had in regard to some of the Monterey Street
electrol iers needed to be replaced. Counci lman Silva reported that
the street light on Fourth Street and Miller Avenue was out.
Discussion was had in regard to propesed "Eighth Street Imp-
rovement District, Project 1969-211.
Discussion was had in regard to designating Hecker Pass High-
way as a Scenic Route and Chittenden Pass as a Freeway Route.
Discussion was had in regard to progress of the Miller Avenue
Creek Crossing Project.
Director of Public Works Henry noted that the new Sign Ordi-
nance would be effective around the Hol iday season.
At 10:20 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
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