Minutes 1970/02/02
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Roll Call
Minutes
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Pub.Hear. re:
Zone Ord.
Amend. re:
32.9 & 33.9
I ntro. Ord.
Sec. 32.9 &
33.9
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Pub.Hear. re:
rezoning P.
01 iver
property
1 Z to Cl
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Intro. Ord.
rezoning
S . W. co r n e r
Lim an &
Monterey
Pub.Hear. re:
rezoning
on Warde
Rea 1 ty ape
Murray &
Leaves1ey
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Intro. Ord.re:
Rezoning
Murray Ave.
& Leaves1ey
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Lib. & Cu 1 tu re
Minutes
1/6/70 Meet.
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30'71
Gilroy, Ca1 ifornia
February 2, 1970
The Regular Meeting of the Gilroy City Council 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 Minutes of the Regular Meeting of January 19, 1970 were
approved as mailed and recorded.
The Mayor stated that it was the time and place scheduled on
the Zoning Amendment proposal initiated by the P1pnning Commission, to
Sections 32.9 and 33.9 regarding Non-conforming Zones Undeveloped for
three (3) years or zoning which is not uti1 ized within three (3)
years reverting back to its prior zone or to conform with the General
Plan. The City Attorney explained said proposal. The Mayor 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. Motion
was made by Councilman Pate seconded by Councilman Silva and carried
that the Public Hearing be closed.
re: The City Attorney presented a proposed ordinance amending
Sections 32.9 and 33.9 of the Zoning Ordinance. Motion was made by
Councilman Kennedy seconded by Councilman Duffin and carried that the
ordinance be introduced, reading waived, and published by title and
summary.
The Mayor stated that it was the time and place scheduled for
the Publ ic Hearing on the Rezoning proposal to rezone 1.03 acres of
property belonging to L. Pierce 01 iver located at the southwest cor-
ner of Monterey Highway and Liman Avenue from L-Z Interim Zone to C-l
Neighborhood Commercial 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. Secretary of the Plan-
ning Commission Henry explained the proposed rezoning. Motion was
made by Councilman Wentworth seconded by Councilman Pate and carried
that the Public Hearing be closed.
The City Attorney presented a proposed ordinance rezoning
said territory. Motion was made by Councilman Kennedy seconded by
Councilman Silva and carried that the ordinance be introduced, read-
ing waived and pub1 ished by title and summary.
The Mayor stated that it was the tine and place scheduled for
the Pub1 ic Hearing on the rezoning proposal to rezone .82 acres of
property located at the Northwest corner of Leaves1ey Road and Murray
Avenue from R-a "Residence Agricultural" District to C-l "Neighbor-
hood Commercial" District upon the application of Warde D. Watson
Realty Co. 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. Secretary of the Planning Commission Henry explain-
ed the proposed rezoning. The City Attorney noted that said proposal
was in accordance with the Genral Plan. Motion was made by Council-
man Duffin seconded by Councilman Pate and carried that the Public
Hearing be closed.
The City Attorney presented a proposed ordinance rezoning
same. Motion was made by Councilman Pate seconded by Councilman Silva
and carried that the ordinance be introdaced, reading wavied and that
it be pub1 ished by title and summary.
The Minutes of the Library & Culture Commission Meeting of
January 6, 1970 were noted.
3072
P & R Com.
Report
1/20/70
Personnel Com.
Re po rt
1/22/70
Res.#1439
Gr i evance
Procedures
Lt. Classifi-
cation
The Report of the Parks & Recreation Commission Meeting of
January 20, 1970 was noted.
Personnel Director Reinsch presented and explained the Report
of the Personnel Commission Meeting of January 22, 1970 recommending
adoption of a resolution (copy submitted with agenda) to include
Grievance Procedures in the Personnel Rules & Regulations.
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IIiIiIlIlII
Motion was made by Councilman Wentworth seconded by Council-
man Duffin that the reading of Resolution No. 1439 be waived and that
it be adopted.
RESOLUTION NO. 1439 ...
A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AMENDING THE CITY ...
OF GILROY PERSONNEL RULES AND REGULATIONS BY THE ADDITION OF SECTION
VI. L. ENTITLED GRIEVANCE PROCEDURE.
PASSED AND ADOPTED this 2nd day of February, 1970 by the following
vote:
AYES: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Pate, Silva,
Wentworth, and Goodrich.
NOES: COUNC I L MEMBERS: None
ABSENT: ,COUNCIL MEMBERS: None
The Personnel Commission Report further noted progress of
Police Patrolman Recruitment for a budget authorized position; noted
progress of Classification Study; and recommended approval of Police
Captain Classification in lieu of the present Lieutenant Classifica-
tion at Range 33. Discussion was had in regard to same. Motion was
made by Councilman Wentworth seconded by Councilman Duffin and car-
ried that it be recommended to the Personnel Commission that the
Pol ice Lieutenance Classification remain unchanged at Range 33 and
that the proposed classification of Pol ice Captain not be approved
at this time; (reasons of Council to be forwarded to said Commission)
that if a future Salary Survey indicates the position of Lieutenant
duties are similar to Police Captain's duties in the surrounding area,
same would be reviewed at that time.
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Monthly Reports The Summary of Monthly Reports of December 1969 were noted
and discussed.
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Budget Amend.
Acct. 31 C2
Res .#1440
3-1-70
Census
City Administrator Wood presented a request for a Budget
Amendment to increase Account 31C2 in the amount of $2,107.00 to
allow for the 1966 Division of Highways bill ing for traffic control-
lers on Monterey Street. Motion was made by Councilman Wentworth
seconded by Councilman Silva and carried that the 1969-70 Budget
Account 31C2 be increased $2,107.00 as requested. (Subsequentli
ascertained that this amount was included in the 1969-70 Budget under
Account 31C2)
City Administrator Wood presented a request to proceed with
a Census Estimate with the State Department of Finance for March 1,
1970. Motion was made by Councilman Pate seconded by Councilman
Duffin that the reading of Resolution No. 1440 be waived and that
it be adopted.
RESOLUT.ION NO. 1440
A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AUTHORIZING EXECU- ...
TION OF AN AGREEMENT WITH THE STATE DEPARTMENT OF FINANCE REGARDING
A POPULATION ESTIMATE EFFECTIVE MARCH 1, 1970. ...
PASSED AND ADOPTED this 2nd day of February, 1970, by the following
vote:
AYES: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Pate, Silva~
Wentworth, and Goodrich.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
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Safe Street
Act Gran t
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N.Side Pk.
Acquisition
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Street Signs
Ord.#880
Compulsory
Garbage
Service
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Pub.Hear. re:
Agricultural
Preserve
S.C.Co.Plan.
Pol icy Exe.
Com. Meet.
12/18/69
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3rd & Santa
Theresa
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TOPICS
Funds
3073
City Administrator Wood presented a Request of the Police
Chief to File a Grant App1 ication Under the Safe Streets Act for
$16,000.00; $6,000.00 additional to be matched by the City in regard
to said Grant.
Police Chief Laizure explained said proposal. Motion was
made by Councilman Pate seconded by Councilman Batrez and carried that
said application be filed as requested in accord with recommendation
of the Pol ice Chief. I t was noted that said app1 ication could be
withdrawn if said proposal was unable to be included in the 1970-71
Budget.
City Administrator Wood reported on the Acquisition of one
parcel of land belonging to Don Renz in the amount of $40,000.00 for
5.239 acres, same in accord with the City.s independent appraisal
report. Motion was made by Councilman Wentworth seconded by Council-
man Duffin and carried that Staff be authorized to purchase said
property for Northside Park Impr~ement Project in the amount of
$40,000.00 as recommended.
Director of Public Works Henry presented and explained a
Report on Street Signs. Discussion was had in regard to said matter.
Council were in accord with Alternate No.3 whereby the City would
purchase a sign face applicator and make their own signs, however
tabled action in regard to same in order to view samples of same to
include samples of the present signs now being used by the City.
The City Attorney presented, read and explained Ordinance No.
880 in regard to mandatory Garbage Service previously introduced
and published by title and summary. (Councilman Wentworth left the
Council Chambers during the d1scuss~on and was absent at the adoption
of said ordinance due to'a conflict of interest employed by the
South County Refuse Disposal Company).
Motion was made by Councilman Pate seconded by Councilman
Kennedy that Ordinance No. 880 be adopted.
ORDINANCE NO. 880
AN ORDINANCE AMENDING SECTION 12.16 AND ADOPTING SECTION 12.35 OF
THE CITY CODE OF THE CITY OF GILROY MAKING GARBAGE SERVICE MANDATORY
FOR ALL DWELLINGS IN THE CITY AND PROVIDING PENALTIES FOR NONCOMPLIANCE.
PASSED AND ADOPTED this 2nd day of February, 1970 by the following
vote:
AYES:
COUNCIL MEMBERS:
Batrez, Duffin, Kennedy,
Goodrich.
None
Wen twor th
Pate, Silva, and
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Notification from the Board of Superviosrs of Public Hearings
scheduled on Inclusion of Properties into the Agricultural Preserve
for Santa Clara County was noted and discussed:
Noted Minutes of Santa Clara County Planning Pqlicy's Executive
Committee Meeting of December 18, 1969 and report of Representative
Kennedy informing Council that the Cities would be requested at a
future date, to contribute approximately $220.00 (by Gilroy) for
BASAR Study, same based upon population and also a contribution
towards a proposed Ecological Study at a later date.
A letter from George Nolte, City Traffic Consultant, was pre-
sentedi'n regard to the Third Street and Santa Theresa Drive Inter-
section. Police Chief Laizure also reported on a recent meeting with
residents within said neighborhood.
A letter approval of TOPICS Funds approval from the State
Transportation Agency was noted.
3074
Co. Fi re Di st.
Conso1 ida-
tion
City Administrator Wood reported on a recent Meeting of
January 21, 1970, in regard to proposed County Fire District Consoli-
dation.
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Animal Control Discussion was had in regard to Animal Control Services pre-
sently performed by County of Santa Clara.
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Mayor Protempore Councilman Wentwroth presented and read a letter resigning as
Mayor Protempore recommending appointment of Councilman Duffin to
said position. Motion was made by Councilman Kennedy seconded by
Councilman Pate and carried that Councilman Wentworth1s resignation
from Mayor Protempore be accepted with regret and thanking Council-
man Wentworth for serving as Mayor Protempore.
Plan. Com.
Conne 11
Disclosure of
Assets
Res.#1441
8th St. Imp.
Taxi Service
Bravo Prop.
re: Corp. Yard
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Motion was made by Councilman Wentworth seconded by Council-
man Kennedy and carried that Councilman Duffin be appointed Mayor
Protempore.
The Mayor presented and read a letter from Planning Com-
missioner Connell resigning from said Commission. Motion was made
by Councilman Wentworth seconded by Councilman Kennedy and carried
that Commissioner Connell IS resignation from the Planning Commission
be accepted with regret. The Mayor requested Council Members to sub-
mit names for said replacement at the next regular meeting.
A letter from the Mayor and City Attorney of Carmel was pre-
sented and read in regard to their opposition to the recent local
public officials Disclosure of Assets Act (State), and requesting
City support in opposing same. Discussion was had on the matter.
Motion was made by Councilman Silva seconded by Councilman Kennedy
and carried that the City of Gilroy support the City of Carmel in
the amount of $200.00 requested to obtain informatfon, etc. to sub-
mit to the Legislature opposing said publ ic officer requirement re-
garding Disclosure of Assets. City Administrator Wood requested
Council to submit their declaration in regard to said matter and
noted that he would contact the Commissioners for their declaration
in regard to same.
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A resolution was presented providing for Issuance of Bonds
for the Unpaid Assessments of Eighth Street Improvement Project 69-2.
Motion was made by Councilman Pate seconded by Councilman Wentworth
that Resolution No. 1441 be adopted.
RESOLUTION NO. 1441
A RESOLUTION DETERMINING UNPAID ASSESSMENTS AND PROVIDING FOR
ISSUANCE OF BONDS - EIGHTH STREET IMPROVEMENT DISTRICT - PROJECT NO.
1969-2.
PASSED AND ADOPTED this 2nd day of February, 1970 by the following
vote:
AYES:
COUNCIL MEMBERS:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Batrez, Duffin, Kennedy,
Wentworth, and Goodrich.
None
None
Pate, Silva,
City Administrator Wood recommended that the Owners Permit
app1 ication from Odus J. Bell to operate a Taxi business in the City
be approved. Motion was made by Councilman Duffin seconded by
Councilman Wentworth and carried that said permit for a Taxi Cab
License to operate said Taxi Business in the City be approved.
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City Administrator Wood requested authorization to negotiate
with Paula Bravo for 2.2 acres of property adjacent to the City Corp.
Yard in the amount of $22,650.00. He noted that the terms of the
Purchase Agreement indicated 8t% interest charges in regard to~e
unpaid balance, cash deposit of $6,568.50; and recommended that a
survey of the property be completed prior to sale. Motion was made
by Councilman Pate seconded by Councilman Wentworth and carried that
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N.Side Pk.
Acquisition
ABAG
Inter-City
Counc i 1
Agree. re:
Gaso1 ine,
etc.
Contract
3075
Staff be authorized to negotiate with Paula Bravo for the 2.2 acres
of property in the amount of $22,650.00 in accord with the terms of
the submitted Purchase Agreement with the exception of maximum
interest on the unpaid balance be 7%, with added conditions that the
City would have the option to pay the unpaid balance due, at any
time without penalty, and subject to a survey of said property. (It
was noted that the cash deposit for said property is $6,568.50; 69-70
Budget Account 26c3 to be amended for same, providing the above terms
are agreed upon.)
City Administrator Wood reported on a counter offer of Frank
Marquez for property needed by the City within the Northside Park
Improvement Project, same to be in the amount of $13,750.00 which
includes the City's appraisor fees, plus $1,000.00 for demoli-
tion of all structures and clearance of same on said property in-
cluding fill ing in the Septic tank, etc. Motion was made by Council-
man Wentworth seconded by Councilman Batrez and carried that Staff
be authorized to negotiate for purchase of said Marquez property in
the amount of $13,500.00 with the condition that the owner removes
all structures and appurtenances upon the property, noting that the
City would not pay the $250.00 appraisor fee as proposed by Mr.
Marquez.
The City Administrator noted the scheduled annual ABAG meeting
of February 19, 1970 in Berkeley.
The Mayor noted the Inter-City Council Meeting scheduled for
February 5, 1970. The City Clerk was requested to make 5 reservations
for City Officials planning to attend.
Councilman Batrez noted that Gary Stokes, Transportation
Policy Committee Chairman would be the Speaker in regard to Transit
Study Program.
Purchasing Agent Reinsch requested authorization to execute
an Agreement with the County of Santa Clara for purchase of gasoline,
oil, etc. annual contract. Motion was made by Councilman Wentworth
seconded by Councilman Silva and carried that Staff be authorized to
execute the Agreement with Santa Clara County for gasoline, oil, etc.
purchases.
The Mayor noted the presence of Planning Commissioners Berry
and Chiesa.
Animal Complaint Mr. Frank Lemos, addressed the Council and complained about
an unleashed dog on private property. Said matter was referred to
the Police Chief.
Adjournment
At 10:45 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
2) ~ I ,Prn.</ &, . cJt;;,.;.;,i,;
City Clerk cf-~