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Minutes 1969/12/01 1 I I Roll Call Certificates of Service In tro. new emp. & promot ion Minutes Weed Abate. Pub. Hear. 8 th St. Imp. 69-2 3047 Gilroy, California December 1, 1969 The Regular Meeting of the Gilroy City Council was called to order by His Honor Nonrilan B. Goodrich a5 8:02 p.m. Present: Council Members: Fred P. Batrez, Mark E. Kennedy, John E. Pate, Anthony C. Silva, .Everett C. Wentworth, and Norman B. Goodrich. Absent: Council Member: George T. Duffin. The Mayor stated that the Certificates of Service for retiring Commissioners William J. Boyle and Robert C. Ethridge be tabled to await their arrival. The Mayor introduced new employee Umberto Pat DeLeon, Pol ice Cadet and Randall P. Cry, Police Cadet, recently appointed Pol ice Patrolman. The Minutes of the Regular Meeting of November 17, 1969 were ap- proved as mailed and recorded. Fire Chief Brittain presented a Report on one Bid received from C. J. Simms, Jr., for the 1969 and 1970 Weed Abatement Contract opened November 24, 1969 at 2:00 p.m. Motion was made by Councilman Kennedy seconded by Councilman Silva and carried that the bid of C. J. Simms, Jr. be awarded for the 1969 and 1970 Weed Abatement Contract as recommended. The Mayor announced that this was the time and place of the continued publ ic hearing on the Engineer's Report prepared pursuant to Resolution of Prel iminary Determination and of Intention No. 1393 for IIEighth Street Improvement District - Project 1969-2". City Engineer Henry explained a revised proposal of said assessment district noting elimination of certain improvements, thus reducing the proposed assess- men ts. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Mr. Carmen Vital i, property owner, noted that he was in favor of formation of said improvement district. The Mayor informed Mr. Tony Fazio that the revised proposal does not require property owners to reimburse the City for street paving costs at this time if said properties are developed,. only at locations of undeveloped areas; same to be reimbursed the City at the time a property is developed or redeveloped. Mr. Joseph Mondelli, property owner, restated his opposition to formation of said assessment district. Mr. Marian Bejar property owner, noted that they are in favor of formation of said district. A letter from Jean Marie Dix was presented and read, also in favor of said district. Mr. Ralph C. Bravo, property owner, also noted he was in favor of said district. The Mayor recommended that the hearing be continued in order for Staff to meet with property owners to further explain the proposed re- vised Improvement District. 3048 J.Cyril Johnson Investment Corp. re- zoning Downtown Tree Planting Dist.#l Res.#1417 Plan. Com. Repor t Motion was made by Councilman Kennedy seconded by Councilman Wentworth and carried that the Public Hearing be continued to December 15, 1969 at 8:00 p.m. in order that Staff could meet with the property owners to fully inform them of the revised Assessment District. The Mayor requested that property owners be notified of said continued Pu~l ic Hearing and of the proposed Staff meeting. ... IIJIIj The Mayor stated that it was the time and place scheduled for the rezoning request of J. Cyril Johnson Investment Corp. for property located on the west side of Princevalle Street at Seventh Street from R-l to R-3. City Administrator Wood noted a telephone request of J. Cyril Johnson Investment Corp. to withdraw their application for said rezoning without prejudice, noting that a letter in regard to same would be forwarded to the City. Motion was made by Councilman Pate seconded by Councilman Kennedy and carried that the request to withdraw said rezoning appl ication be approved and withdrawn without prejudice. ..... .... City Administrator Wood presented Petitions Requesting Formation of a Special District to Undertake all work Necessary to Establish Street Trees along Both Sides of Monterey Street between Fourth and Sixth Streets. The City Attorney presented and read Resolution No. 1417 of Intention to Establish Street Trees by formation of an Assessment District under the Tree Planting Act of 1931 setting December 15, 1969 as a Publ ic Hearing date for same. Motion was made by Councilman Kennedy seconded by Councilman Wentworth that Resolution No. 1417 be adopted. RESOLUTION NO. 1417 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY OF INTENTION TO IMPROVE THE EAST AND WEST SIDES OF MONTEREY STREET BETWEEN THE CENTER LINE OF FOURTH STREET EXTENDED AND THE CENTER LINE OF SIXTH STREET, AND ONE~HALF BLOCK PORTIONS OF INTERSECTING STREETS, UNDER THE TREE PLANTING ACT OF 1931. PASSED AND ADOPTED this 1st day of December, 1969, by the following vote: AYES: ""'$.1lj ....~..- COUNCIL MEMBERS: Batrez, Kennedy, and Goodrich. None Du ff i n Pate, Silva, Wentw0rth, NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Councilman Wentworth suggested that the type of trees proposed to be planted be selected to withstand carbon monoxide, etc. Secretary of the Planning Commission Henry presented and explained the report of the Planning Commission Meeting of November 20, 1969 informing Council of no Planning Commission action taken on the pre- zoning petition of E. E. Arras for 23.9 acres located north of Tatum Avenue, south of Vickery and west of Wren Avenue because said land is not contiguous to the existing City Limits; noting continued Public Hearing before the Commission on the rezoning request of W. R. Howson and D. L. Gardner to rezone 22.07 acres from R-l to R-4 located on the future Santa Teresa Expressway south of Hecker Pass Highway; noting approval of Kavanagh Development Plans subject to minor changes noted on a Check List submitted by the Director of Publ ic Works-City Engineer; noting Planning Commission approval of a Street Name Committee consis- ting of Mrs. Bruce Jacobs, George White and Howard Smith; and noting a Publ ic Hearing of January 15, 1970 set by the Commission on Zoning Ordinance amendment proposal that non-conforming zones undevel~ed for 3 years or zoning which is not utilized within 3 years revert back to its prior zone or to conform with the General Plan. P'~ --- Lib. & Cult. Com. City Administrator Wood reviewed the Minutes of the Library and 11/4/69 Culture Commission Meeting of November 4, 1969. P. &.R. Com. Meet. 11/18/69 Director of Parks and Recreation Ayer presented and explained the Report of the Parks and Recreation Commission Meeting of November 18, 1969, noting review by the Commission on the fall Activity Bulletin - .... "..... Personnel Com. Meet. 11/20/69 ...., Supplement Monthly Report Commissioners Terms Exp. Madonna Vi 11 age ~ I ........ Weed Abate. Res.#1418 ,... ..... 3049 and progress of each project approving this method of publ icity; noting receipt of a letter from Mrs. Joyce Patereau in regard to dance lessons at Wheeler Auditorium; recommended Karate Classes at Wheeler Auditorium be allowed and an instructor for same be hired on a contractual basis; noting review of softball player el igibil ity, same to be further dis- cussed at a special meeting of the Commission; noting scheduled meet- ing between Gilroy Little League and the Commission's Committee for same to discuss Little League Program and also noting progress report to Commission on Downtown Street Tree Project and acquisitions for Norths i de Park. City Administrator Wood presented a Report of the Personnel Commission Meeting of November 20, 1969 noting recruitment information for a Police Patrolman; review of Job Classification Survey progress; progress in regard to availability of Kaiser Medical Plan for employees; proposed revised Greivance Procedures; and noting Cecil Reinsch con- valescing at home from a recent operation. City Administrator Wood presented a Supplement to the Summary of Monthly Reports of October 1969 specifically Auditor's Report and Parks and Recreation Report. City Administrator Wood presented a memo noting various Com- missioner's Terms Expiring December 31, 1969 for appointment at the next regular Council Meeting. Director of Publ ic Works Henry presented and explained the Development Agreement with Carl Bozzo for Madonna Village, noting stipulations of same. Motion was made by Councilman Wentworth seconded by Councilman Pate and carried that the Development Agreement with Carl Bozzo for Madonna Village be approved including stipulations as presented. Discussion was had in regard to construction of the sewer 1 ine servicing said development to allow future sewer connections to adja- cent property owners currently on seP1tic tank facilities. The City Clerk presented Resolution No. 1418 Declaring Certain Weeds to be a Publ ic Nuisance, describing same, pr~ iding for pub- lication thereof and setting December 15, 1969 as a Publ ic Hearing for objections to proposed destruction or removal of said weeds. Mo- tion was made by Councilman Pate seconded by Councilman Silva that the reading of Resolution No. 1418 be waived and that it be adopted. RESOLUTION NO. 1418 RESOLUTION OF COUNCIL OF THE CITY OF GILROY DECLARING CERTAIN WEEDS GROWING IN THE CITY OF GILROY TO BE A PUBLIC NUISANCE, DESCRIBING WEEDS WHICH tONsTlrUTE SUCH NUISANCE, AND PROVIDING FOR GIVING NOTICE OF THE ADOPTION OF THE RESOLUTION BY PUBLICATION THEREOF. PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular meeting of the City Council on the 1st day of December, 1969, by the following vote: AYES: COUNCIL MEMBERS: NOES: ABSENT: Batrez, Kennedy, and Goodrich. None Duff i n Pate, Silva, Wentworth, COUNCIL MEMBERS: COUNCIL MEMBERS: Intro. Ord. re: The City Attorney presented and read an ordinance providing Amusement & a penalty for Unposted Amusement and Music Machines. Motion was made Music Machinesby Councilman Pate seconded by Councilman Silva and carried that the ordinance be introduced, the reading waived and that it be published by title and summary. It was noted by Staff that a new type of 1 icense stamp is proposed for resistance to fading from weather condi tions. - .... N.Side Park Imp.Acq. Mr. Frank Marquez, addressed the Council, property owner within Northside Park Improvement requesting re-appraisal of his property by 3050 S.C.Co. Plan. Pol icy Com. Mee t. Fil ice Annex. 42.10 ac. Gilroy Foods Ass1mt. Dist. (Sewer & Water) S. Valley Disposal Dump Fee Co.Wide Drug Abuse Unit Young Adults Work Prog. Plan. Pol icy Com. Employee Christmas turkeys Employee Vacation Water Press. Proj. by the City and requesting R-3 Zoning for said property. City Administrator Wood noted that said zoning would be in conflict with the General Plan. Mr. Marquez agreed to contact the City Administrator to further meet \dth the City's and his appraiser in regard to same, to attempt to further negotiate this land acquisi- tion. ... ....... The Minutes of the Santa Clara County Planning Pol icy Com- mittee and Executive Committee Meetings of October 23, 1969 and Nov- ember 20, 1969 were noted. The Informational Report on the Content of Bay Area Study of Aviation Requirements submitted with the Ag~nda was noted. ...... - A letter from Mr. Ernest Filice requesting annexation of 42.10 acres to the City was presented. Council had no objection to the proposed annexation, provided that said area can be annexed to the City without creating an island of uninhabited territory. City Admin- istrator Wood noted that there is a 5 acre parcel of land adjacent to the proposal that would have to be included in Mr. Filice's proposed annexation to that an island would not be created. A letter from Gilroy Foods was presented requesting City to Proceed with an Assessment District for the extension of water and sanitary sewer services. It was noted by Staff that these services would be available through an Assessment District at the time said property is annexed to the City and that Staff would proceed with the proposal. Refuse A Request of South Valley Refuse Disposal, Inc., was presented requesting a Nominal Dumping Fee of 25t per yard from the City to Aide Off~setting Equipment Operating Costs. Council referred said matter to the Council Committee for study. (Chairman Duffin, Kennedy, and S i 1 va) ... ..... A Report from the Chief of Pol ice in regard to a County Wide Drug Abuse Unit was presented. Council requested Staff to notify the County of the Ci ty supporting same. City Administrator Wood noted a verbal request on behalf of the Young Adults Work Program, Inc. for waiver of a solication permit. Council tables same until receipt of a letter requesting same is received. Councilman Kennedy, representative of the Planning Policy Committee of the County, noted that recent activities of said com- mittee did not apply directly to the Gilroy area; that being the reason he had not commented on said meetings, and since Council has received minutes of said meetings. City Administrator Wood noted that Staff is obtaining bids for employee turkeys given by the City prior to Christmas. ... City Administrator Wood presented a request of Billie McCuiston, Pol ice Patrolman, to carryover his 1969 earned vacation to 1970 since it was previously scheduled to be taken in December 1969 and he will be attending Basic Pol ice Academy at that time. Motion was made by Councilman Pate seconded by Councilman Silva and carried that Billie McCuiston, Police Patrolman, be allowed to carryover his 1969 earned vacation to 1970 as requested. -.... - City Administrator Wood noted receipt of 75% of the Federal Grant in regard to the Water Pressurization Project. Il:.,<,.jj Res .#1419 Beautifica- tion Plan .......... - ,- I ~ Kavanagh Development Freeway Bypass Miller Slough ........ Basic Academy Grad. Speed Limi t Signs Inter-City Counc i 1 Purchase of Property re: Golf Course ,- ~ Adjournment - .... 3051 City Administrator Wood presented Resolution No. 1419 estab- 1 ishing a Beautification Plan for the City. Motion was maee by Councilman Pate seconded by Councilman Silva and carried that Resolution No. 1419 be adopted. RESOLUTION NO. 1419 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AND ADOPTING BEAUTIFICATION PLAN FOR THE CITY OF GILROY. PASSED AND ADOPTED by the City Council of the City.of Gilroy at a regular meeting of the City Council on the 1st day of December, 1969 by the following vote: AYES: COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUI'{; I L MEMBERS: Batrez, Kennedy, and Goodrich. None Duff i n Pate, Silva, Wentworth, Discussion was had regarding the City requirement of the street width in regard to the Kavanagh Development. Councilman Batrez inquired about the City obtaining addition- al bids for the Weed Abatement Contract. Councilman Batrez inqui~ed of the City requesting support from surrounding cities in regard to the 101 Bypass construction. City Administrator Wood reviewed the history of the City's efforts in this regard and noted that since the last Council Meeting letters requesting support were mailed to our various local representatives and the State Highway Commission; that we will continue in this regard. Councilman Batrez inquired of additional cleaning of Miller Slough channel. Director of Public Works noted that same had been cleaaed up to the Lewis Street Bridge. Councilman Wentworth noted that additional work is prohibited without further right-of-way, which the City is unable to obtain at this time. Chief of Pol ice Laizure inquired as to Council Members plan- ning to attend the Basic Academy Graduation Ceremonies on December 12, 1969. The following noted that they plan to attend with their wives: Council Members: Kennedy, Wentworth, Silva, and Batrez. Mr. Ted Chavez, addressed the Council requesting Speed Limit Signs on Murray Avenue. He also noted that he has observed exces- sive speeding on the following streets: I.O.O.F. Ave., Murray Ave. and Hanna Street. The Mayor referred said matter to Staff. The Mayor noted the Annual Hol iday Dinner-Dance of the Inter~City Council on December 17, 1969, and requested reservations for five (5) couples: Council Members: Goodrich, Pate, Batrez, Duffin and Charles Quartiroli, guest. City Administrator Wood reviewed a proposed Agreement for purchase of property adjacent to the Golf Course at the 4th Tee, same reqwired to el iminate the hazardous situation at said location. He noted that the property owner's Attorney has finally agreed to a change in verbage in the agreement. At 10: 17 p.m. the Mayor adjourned the meeting. Respectfully submitted, ..cLM<<W ? .6' '.- / City Clerk /-~ \.,..