Loading...
Minutes 1970/02/02 ~i"*I ... Roll Call Minutes - ....J Pub.Hear. re: Zone Ord. Amend. re: 32.9 & 33.9 I ntro. Ord. Sec. 32.9 & 33.9 - , Pub.Hear. re: rezoning P. 01 iver property 1 Z to Cl ....- 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 ...~ - Intro. Ord.re: Rezoning Murray Ave. & Leaves1ey ".~ Lib. & Cu 1 tu re Minutes 1/6/70 Meet. ... 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. .... 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. ... Monthly Reports The Summary of Monthly Reports of December 1969 were noted and discussed. .... 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 - ..... Safe Street Act Gran t - ......... N.Side Pk. Acquisition ......J Street Signs Ord.#880 Compulsory Garbage Service .-. .... Pub.Hear. re: Agricultural Preserve S.C.Co.Plan. Pol icy Exe. Com. Meet. 12/18/69 r-..... 1 ....., 3rd & Santa Theresa - - 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. .... Animal Control Discussion was had in regard to Animal Control Services pre- sently performed by County of Santa Clara. - 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 .. ~ 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. ..... ..... 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. .... ..... 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 - .'".,..... ""',,',J..... - r u ~ ! I ~ r-i I ! ~ ........... - 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-~