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Minutes 1971/04/05 3217 Apri 1 5, 1971 Gilroy, Cal ifornia The Regular Meeting of the Gilroy City Council was called to order -- by His Honor Mayor Norman B. Goodrich at 8:00 p.m. Roll Call Present: Council Members: Fred P. Batrez, George T. Duffin, Mark E. Kennedy, John E. Pate, Everett C. Wentworth, and Norman B. Goodrich. t1I'''''-'--''lIl Minutes Absent: Council Member: Anthony C. Silva. The Minutes of the Regular Meeting of March 15, 1971 were approved as mailed and recorded. ......... Pub.Hear.re: The Mayor stated that it was the time and place scheduled for a Mantelli Public Hearing on the proposal to annex approximately 5.463 acres of #2 Annex. Uninhabited territory to be known as "Mantelli No.2 Annexation 70-14 70-14 to the City of Gi1roy". City Administrator Wood explained the location of said proposed annexation. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposed ahnexation. Mr. Bert Mantell i, addressed the Council, noting that he was opposed to annexation of that portion of roadway property (Mantelli Drive). Mr. Henry Mantel1i, property owner of the proposed portion of roadway included within the annexation, noted his objection to this portion of the annexation. -i City Administrator Wood explained the annexation of said roadway would be important if the proposed Church is developed upon the property to provide access. ~ Mr. Ed Valencia, property owner, addressed the Council and noted that at the time he purchased said property he was not aware that the roadway was not a pub1 ic right of way. Mr. R. A. Wolcott, Pastor of the Seventh Day Adventist Church, addressed the Council noting that he would be in favor of annexing the roadway portion of said property only if the City would not allow develop- ment of the property by the Church without this roadway access. Motion was made by Councilman Duffin seconded by Councilman Went- worth and carried that the Public Hearing be closed. Discussion was had by the Council in regard to said proposed annexation. ,Motion was made by Councilman Duffin seconded by Councilman Went- worth and carried that the Public Hearing be re-opened and continued to April 20, 1971 in order to obtain a legal opinion from the City Attorney regarding the obligation of the City to annex or not annex that portion of the proposed annexation belonging to Henry Mantelli, specifically the roadway portion of the property (Mantell i Drive.) It was requested that the property owners submit copies of all deeds, title reports, etc. for said property. liIlIlo."..-' Pub.Hear.re: The Mayor stated that Hwy. Com. Public Hearing on a proposal Zone a Highway Commercial Zone to Wood explain~d the proposal. the audience wishing to speak no comment from anyone in the Duffin seconded by Councilman be closed. it was the time and place scheduled for a initiated by the Planning Commission to add the Zoning Ordinance. City Administrator The Mayor asked if there was anyone in for or against the proposal. There was audience. Motion was made by Councilman Pate and carried that the Pub1 ic Hearing 3218 Taxicab Co. Location & Color Scheme Change Citizensl Bond Com- mittee re: Schoo 1 Bond propo- sit i on Plan. Com. Report 3/ 18/71 Plan. Com. Report 4/1/71 P. & R. Com. 3/16/71 Personnel Com. 3/25/71 Meeting Lib. & Cul t. Com. Meet. 3/2/71 Monthly Reports Discussion was had by Council. Motion was made by Councilman Duffin seconded by Councilman Pate and carried that the proposed ordinance be introduced, the reading waived, and that it be published by title and summary. lIIII A request of the local Taxicab Company was presented requesting permission to change their color scheme and business location. Motion was made by Councilman Kennedy seconded by Councilman Duffin and carried that the location of the taxi stand request on Sixth Street be approved including the change in color scheme, and that the request for the space on the alley be denied. - Mr. Gary Hudson, Citizens' Bond Committee Chairman of the Gilroy School Bonds on the April 20, 1971 Election addressed the Council requesting endorsement of said Bonds. Discussion was had. Motion was made by Councilman Pate seconded by Councilman Wentworth and carried that the City endorse the Gilroy School Bond Issue as presented. Council Members Duffin and Kennedy voted against the motion, noting that they were not opposed to the bond issue but were opposed to elected City officials endorsing issues before local voters. ... ..... City Administrator Wood explained the Report of the Planning Commission Meeting of March 18, 1971 noting the recommendation of the Commission to set Plan Lines for Wren Avenue from Day Road to First Street. Motion w~s made by Councilman Duffin seconded by Councilman Wentworth and carried that April 20, 1971, be set as a Pub1 ic Hearing for said proposal. The Report of the Planning Commission Meeting of April 1,1971 was noted. City Administrator Wood presented and explained the Report of the Parks and Recreation Commission meeting of March 16, 1971, noting Ecology Day scheduled for April 24, 1971. The Gilroy Jaycees will sponsor a Northside Park Clean-Up P~ogram. ... .... Parks and Recreation Director Ayer also noted that said date is part of the National Ecology Week. It was noted that the Personnel Commission .Meeting scheduled for March 25, 1971 had been cancelled due to lack of a quorum. The Minutes of the Library and Culture Commission meeting of March 2, 1971, were noted. City Administrator Wood brought attention to the book circulation volume in February of 8,321 as compared to 6,391 in 1970 and to the Art Show scheduled for May 16, 1971. City Administrator Wood presented the Summary of Monthly Reports of February 1971. Discussion was had in regard to same. Councilman Batrez inquired of the Cityls program of poison oak control at Christmas Hill Park and suggested that the area be posted for poison oak. Disbursements The Report of Disbursements from March 1, 1971 to and including March 31, 1971, was noted. Res. #1559 Older Amer. Act Councilman Batrez inquired of the fee to the University of Cal ifornia for the Workshop regarding Grantmanship. ... - City Administrator Wood presented and explained a request for authorization to execute,a Grant App1 ication under Title III of the Older Americans Act of 1965. Parks and Recreation Director Ayer fur- therexplained the current program. Motion was made by Councilman Wentworth seconded by Councilman Duffin that the reading of Resolution No. 1559 be waived and that it be adopted. III - ........ ,...,A.'.... Landscape Arch. Agree. - Budget Reduc t ion Cooperat i ve Agree. re: Freeway Uti 1 i ty Cros~ings Recreation Uniforms ~, -- RESOLUTION NO. 1559 3219 RESOLUTION AUTHORIZING EXECUTION OF A GRANT APPLICATION UNDER TITLE I I I OF THE OLDE~ AMERICANS ACT OF 1965. PASSED AND ADOPTED this 5th day of April, 1971, by the following vote: AYES: COUNCIL MEMBERS: Batrez~ Duffin, Kennedy, Pate, Wentworth, and Goodrich. COUNCIL MEMBERS: None COUNCIL MEMBERS: Silva NOES: ABSENT: Discussion was had in regard to evaluation of said program. City Administrator Wood presented and expl9ined a the Landscape Architectls Agreement for Northside Park. made by Councilman Pate seconded by Councilman Wentworth that the Agreement as presented be approved. report on Motion was and carried City Administrator Wood presented and explained a report on a recommendation for a $100,000.00 1970-71 Budget reduction regarding Chestnut Street Extension Project, Unit #3. Motion was made by Council- man Wentworth seconded by Councilman Duffin and carried that the 1970- 71 Budget be reduced by $100,000 as outlined. ($60,000 - 35C2E; $35,000-#6C2A; $1,000 40C2F; $4,000 41C2E). City Administrator Wood presented and explained a report re- questing approval of a Cooperative Agreement with the State on Freeway Utility Line Crossings requiring a $14,650.00 Budget amendment to increase Account 41C2A. Motion was made by Councilman Kennedy seconded by Councilman Batrez and carried that the Cooperative Agreement be ap- proved as presented and that the 1970-71 Budget be amended to increase Account 41C2A in the amount of $14,650.00 as recommended. A Report requesting to order Recreation Uniforms this fiscal year for the next fiscal year 1971-72 was presented, noting that same would be provided for in the 1971-72 Budget for payment at that time. Motion was made by Councilman Duffin seconded by Councilman Kennedy and carried that the Recreation Uniforms be ordered this fiscal year as requested, to be provided for in the 1971-72 Budget. Jt.Powers Agree. City Administrator Wood reported on a Joint Powers Agreement with re:Delinquency the School District effective January 1, 1971 through June 30, 1971 for Control Offi- use of the City Police Officer (Delinquency Control Officer). Motion cer was made by Councilman,Batrez seconded by Councilman Pate and carried that the Joint Powers Agreement with the School District as presented be ap- proved and that ~uthorization be given to execute said Agreement. 5 Yr.Cap. Imp.Prog. Medi-Bus License Re- quest '~.,~ n U.N. Day Chairman Councilman Batrez requested a report on the accomplishments of said Officer. A report of the Preliminary Five Year Capital Improvement Program included with.the Agendas was presented. Council set April 26, 1971 at 8:00 p.m. as a Council Committee of the Whole to study same. Council requested to be reminded of said Work Study Meeting. A Request for a Medi-Bus (Wheel Chair Patients) Business License was presented. Motion was made by Councilman Duffin seconded by Council- man Wentworth that issuance of a temporary business license under the Miscellaneous License section of $25.00 per year be approved subject to complying with the applicable ambulance regulations section of the City Code. Mr. Richard Harrison, Attorney, introduced the owner of the busi- ness, Mr. Thomas Lawson, Jr., former City Pol ice Officer. City Administrator Wood reported that Mr. Robert Taylor of 767-C E1 Cerrito Way had consented to accept the appointment of local United Nationsl Day Chairman. Motion was made by Councilman Bat~ez seconded by Councilman Wentworth and carried that Mr. Robert Taylor be appointed as the local United Nationsl Day Chairman as recommended. 3220 Res.#lS6o City Administrator Wood presented a resolution directing the mak- Amended ing of an amended assessment regarding South Chestnut Street Extension Project Assmt.#4 67-1, regarding Assessment #4. S.Chest- nut St. 67-1 .. Motion was made by Councilman Pate seconded by Councilman Batrez that the reading of Resolution No. 1560 be waived and that it be adopted. IIIIIIIl RESOLUTION NO. 1560 A RESOLUTION DIRECTING MAKING OF AMENDED ASSESSMENT RE CERTAIN ASSESSMENTS UNDER RESOLUTION NO.1110 OF PRELIMINARY DETERMINATION AND OF INTENTION- SOUTH CHEST-' NUT STREET EXTENSION PROJECT NO. 1967-1, - CITY OF GILROY - ASSESSMENT No.4. PASSED AND ADOPTED this 5th day of Apri 1, 1971, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Pate, Wentworth, and Good- rich. COUNCIL MEMBERS: None COUNCIL MEMBER: Silva .. ~ NOES: ABSENT: Fire Alarm Fire Chief Brittain requested authorization to order municipal Facili- fire alarm facilities for the New Headquarters Fire Station. Chief Brittain ties further explained the request. Motion was made by Councilman Kennedy seconded by Councilman Pate and carried that the City be allowed to order said fire alarm facil ities as outlined. Ord.#916 Rezoning T: Berry Property re: Ordina~ce No. 916 rezoning from I-Z to C-l ,approximately 10 acres of property located southerly of Pacheco Pass Highway and east of the proposed south Valley Freeway belonging to Trevis Berry was presented for adoption. Mo- tion was made by Councilman Pate seconded by Councilman Wentworth that the read- ing of Ordinance No. 916 be waived and that it be adopted. ORDINANCE NO. 916 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING 10 ACRES MORE OR LESS SOUTHERLY OF PACHECO PASS HIGHWAY AND EAST OF THE SOUTH VALLEY FREEWAY FROM IZ DISTRICT TO Cl DISTRICT. PASSED AND ADOPTED this 5th day of April, 1971, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Pate, Kennedy, Wentworth, and Good- rich. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Silva .... .... I.F.D.E.S. A Request of the I.F.D.E.S. Portuguese Society of Gilroy was pre- Parade sented to Conduct a parade on May 16, 1971 in conjunction with their annual & Soli- celebration. Motion was made by Councilman Batrez seconded by Councilman citation Pate and carried that said request for parade be allowed subject to the route and traffic control being approved by the Police Chief. A Request of the I.F.D.E.S. Portuguese Society of Gilroy was presented for waiver of the solicitation permit. Motion was made by Councilman Batrez seconded by Councilman Wentworth and carried that the solicitation permit be waived for the r.F.D.E.S. Society as requested. The Mayor suggested and was authorized to appoint a Citizensl Com- mittee of seven (7) members to study a recommended policy for Council waiver. of solicitation requests. S.C. Co. The Minutes of the Santa Clara County Water Commission Meeting ... Water of March 10, 1971 regarding Santa Clara County Valley Ground Water Basin were Com. Meet. noted. ... S.C.Co. Exe. The Minutes of the Santa Clara County Executive and Planning & Plan. Policy Committee Meetings of February 25, 1971 were noted. Com. Meet. S.C.Va11ey Plans. The Santa Clara Valley Plans, No. 60, March 1971 were noted. .. .. 3221 Gilroy Foods A letter of appreciation from Gilroy Foods, Inc. was noted in regard Appreciation to the recent instructional fire control demonstration by the Gi Iroy Letter Fire Department. ....,..... M i n utes S. C. Co.Plan.Meeting Pol icy Com.Meet. Co. Li bra ry Tax Library The Mini Minutes of Santa Clara County Planning Policy Committee of March 25, 1971 were noted. A letter from the City of Saratoga was noted in regard to County Tax. r ~ -.....i Drug Abuse Councilman Batrez inquired of the local Police Departments. acti- Program vities in regard to Drug Abuse. Chief of Police Laizure reported on same noting the establ ishment of a Drug Abuse Coordinator and County-wide Narcotics Bureau proposed for the near future, and noted that the local department is a part of that program. Pol ice Forms Councilman Batrez inquired about the arrest forms used by the Police Department in regard to race. It was noted by the Chief of Pol ice that said question on these forms was for identity only and not intended to be discrimina- tory. Further that a change in the current form is being studied. Ecology Day- Councilman Batrez suggested that Ecology Day be combined with Spring Spring Clean-Up Week. It was noted that said occasions have been previously sche- Clean- duled "Nation-widell for Ecology Day and IICounty-wide for Spring Clean-Up Up Week Week; that each has advertizing currently being printed and that it was not feasible nor practical to combine them at this late date. Alley Condi- Councilman Batrez reported on various unsightly alleys, specifically {ions behind the Library and the alley between Eigleberry and Church Streets and Sixth & Seventh Streets. """"~ 1 1 10...- Personnel Councilman Batrez inquired of the required number of personnel and vehicles necessary to install a meter; that he had on several occasions ob- served several employees standing around, while only one employee was work- ing; if it was necessary for all personnel to take a coffee-break at the same time; that he had on several occasions seen several city pick-ups parked at a drive-in for extended periods of time; and recommended that two men be required to work together on the vehicle assigned to repair and patch the streets. School Bonds Parks and Recreation Director Ayer noted that Mr. Gary Hudson had left endorsement sheet for signatures in favor of the April 20, 1971 School Bond proposition. LEAA Funds Chief of Police Laizure noted a scheduled meeting of April 16, 1971 with LEAA Funds and the need of City representation at that time. AI ley Fire Chief Brittain reported that his department would attempt to Program get local alleys cleaned up in May under the Spring Clean-Up Week program. t^ I The Mayor noted the presence of Planning Commission representative Chiesa and acknowledged others present in the audience. l# Adjournment At 10:23 p.m. motion was made by Councilman Batrez seconded by Councilman Pate and carried that the meeting adjourn to Tuesday, April 20, 1971 to adopt the Official Canvass of the General Municipal Election returns of April 13, 1971 and to swear in the new Council Members. Respectfully submitted, ?Jz c .{4 tt/JU1.L/ ~~ City Clerk .. ,j