Minutes 1973/04/17
Roll Ca 11
Consent
Calendar
Minutes
Salary
Increases
Damage
Claim
Li ttle
League
Postal Week
Planning &
,Land Dev.
Referrals
Consumer
Info. Week
3453
G i 1 roy, Ca 1 i forn i a
April 17, 1973
The Regular Adjourned Meeting of the Gilroy City Council was
called to order by His Honor Mayor Norman B. Goodrich at 8:00 p.m.
Present: Council Members: George T. Duffin, John Hughan, John
E. Pate, Anthony C. Silva, David V. Stout and Norman B. Goodrich.
Absent: Council Member: Fred P. Batrez.
Motion was made by Councilman Hughan seconded by Councilman
Duffin that the following items under the Consent Calendar be approved.
Passed and adopted by the following Roll Call vote: Ayes: Council
Members: Duffin, Hughan, Pate, Silva, Stout and Goodrich. Absent:
Council Member: Batrez.
Consent Calendar Items: Minutes of the April 2,1973, Regular
Council Meeting;
Salary Merit Increases for the following city employees: S.
Covington, Fireman, Range 31 from Step B ($805) to Step C ($846); M.
McHenry, Fireman, Range 31, from Step A ($767) to Step B ($805); E..
Montez, Fireman Apprentice, Range 23.5 from Step A ($533) to Step B
($560); L.T. Gonzales, Clerk-Typist, Range 24.5 from Step C ($617) to
Step D ($647); R. Sanchez, A. Perez, and L. Lopez, Utilitymen Trainees,
Range 21 from Step A ($472) to Step B ($495);
Denied Damage Claim of Ms. R. C. Perez and referred same to
the City's Insurance Carrier and the City Attorney.
Mr. Frank Paredes, Vice-President of the Little League, addressed
the Council and requested the need for a second baseball diamond. Dir-
ector of Parks and Recreation Ayer noted that the School Board has con-
trol of the use of the baseball diamonds ahd that the request should be
made to them. The Mayor noted that the City may have some influence in
this regard and instructed Director of Parks and Recreation Ayer to con-
tact the School District concerning this matter and inform Mr. Parades
of the outcome.
A request to proclaim April 29 - May 5, 1973, as Postal Week was
presented. Hearing no objections the Mayor procla~med same.
Referrals of Planning and Land Development Matters from the
County of Santa Clara for the following applications were presented and
discussed: C. Salazar, et ux, for Mobile Home Permit, westerly side
of Colombet Avenue, between Masten & Church Avenues; J. R. Garcia,
Minor Land Division, easterly side of Guibal Avenue north of Rucker
Avenue; and Vaughan, Dog Kenne~s, Denio Avenue. Motion was made by
Councilman'Hughan seconded by Councilman Silva and carried that the
City file no objection comment with the County on said applications.
A request of the Better Business Bureau for proclaiming April
30 - May 5, 1973, as "Consumer Information Week" was presented. The
Mayor proclaimed same.
3454
Sr. Citizensl
Month
I,F.D.E.S,
Parede
S.C.Co. Trans.
Com. Meeting
Intergovern-
mental Rela-
ti on s
911 Number
Palo Alto's
Ch i 1 dren I s
Parade
911 Number
Plan. Com.
Report
4/5/73
Res. #1731
1st St.
Pol icy
Planning Ass't
Appt I mt
Silt Removal
methods-re:
Processing
Plants
N/S i de Pk.
R/W
A request of the Santa Clara County Senior Adult Forum was
presented requesting the City to proclaim May 1973 as "Senior Citizens'
Month.I' The Mayor proclaimed same.
City Administrator Wood presented a request of the I.F.D.E.S.
Portuguese Society of Gilroy for permission to conduct their Annual
Parade on May 27, 1973. Motion was made by Councilman Duffin seconded
by Councilman Pate and carried that the request of the I.F.D.E.S.
Portuguese Society of Gilroy to conduct a parade on May 27, 1973, be
granted.
The Mini Minutes of the Santa Clara County Transportation
Commission Meeting of March 14, 1973, were noted.
"._...."~
..-
An invitation from Ltd. Gov. E. Reinecke to a hearing before
the Governor's Council on Intergovernmental Relations Sub-Committee
at San Jose on May 11, 1973, was noted.
A letter from Continental Telephone of California was presented
in regard to progress on "911'1 Emergency Phone Number.
An invitation to participate in the 50th Anniversary of the City
of Palo Alto's Annual Children's May Fete Parade was noted.
Councilman Pate inquired of the progress of the County of
Santa Clara's participation in the proposed "911" Emergency Phone
Number Program. City Administrator Wood noted that the City does
not believe that the County will assume the responsibility of same.
The Report of the Planning Commission Meeting of April 5, 1973,
was noted. Discussion was had in regard to the tentative map of Carl
Bozzo for a Planned Unit Development at the ,northwest corner of Kern
Avenue and First Street, containing 38+ acres. Dr. Carl Bozzo, ad-
dressed the Council and further explained the proposal. Further dis-
cussion was had in regard to same by Council. Motion was made by
Councilman Pate seconded by Councilman Silva and carried that the
tentative map as presented be approved.
~"""*
Planning Assistant Lefaver explained the "First Street Policy"
recommended by the Commission. Discussion was had by Council in
regard to same and requested changes in items 3 and 6 of said policy.
Motion was made by Councilman Pate seconded by Councilman Duffin that
reading of Resolution No. 1731 be waived and that it be adopted to
include the requested changes in Items 3 and 6 as noted.
the
RESOLUTION NO. 1731
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING
GUIDELINES FOR FUTURE DEVELOPMENT ALONG FIRST STREET.
PASSED AND ADOPTED this 17th day of April, 1973, by the
AYES: COUNCIL MEMBERS: DUFFIN, HUGHAN, PATE, SILVA,
GOODRICH
COUNCIL MEMBERS: None
COUNCIL MEMBERS: BATREZ
POLICY
following vote:
STOUT and
NOES:
ABSENT:
The Mayor referred the recommendation on permanent appoint-
ment of the Planning Assistant to an Executive Session following this'
meeting.
....."',.MII
A Report on silt ~emoval methods by local processing plants
was presented. Councilman Silva noted that he is studying same and
will report back to Council in regard to same.
.
, ,"
..
A report on right of way required for the northerly roadway
to Northside Park was presented. Motion wasrrade by Councilman Pate
seconded by Councilman Duffin and carried that authorization be g!.ven
to purchase necessary land for said right of way requirements.
Re t i remen t
Benefits
Res. #1732
,.-
......
Annex. appl ic.
re: S. Chest-
nut St.
Storage Bldg.
3455
A Report on Retirement Benefits for Retired Personnel ~as pre-
sented. Motion was made by Councilman Stout seconded by Councilman
Pate that the reading of Resolution No. 1732 be waived and that it be
adopted re: Intention to approve an amendment to the PERS Contract.
Said matter was also referred to the 1973-74 Budget Sessions.
RESOLUTION NO. 1732
RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN
THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM
AND THE CITY COUNCIL OF THE CITY OF GILROY.
PASSED AND ADOPTED this 17th day of April, 1973, by the following vote:
AY.ES: COUNCIL MEMBERS: DUFFIN, HUGHAN, PATE, SILVA, STOUT and
GOODRICH
COUNCIL MEMBERS: None
COUNCIL MEMBERS: BATREZ
NOES:
ABSENT:
City Administrator Wood requested authorization to re-file
Annexation applications with LAFCO for "South Chestnut Street annexation
73-1" and "South Chestnut Street Annexation 73-411. Motion was made by
Councilman Pate seconded by Councilman Silva and carried that the City
Administrator be authorized to file two separate annexation applications
with LAFCO for "South Chestnut Street Annexation 73-1'1 and "South Chest-
nut Street Annexation 73-4,11
A request to purchase a storage building for the Parks and
Recreation Department was presented. Motion was made by Councilman
Hughan seconded by Councilman Silva and carried that said storage
building be purchased in the amount of $500.00 and that the Budget
be amended to increase Account 20C3 to allow for said purchase.
Underground Dist. A report on a proposed Underground District for the Civic
Center was presented and explained by the Director of Public Works.
Motion was made by Councilman Stout seconded by Councilman Duffin and
carried that the City not proceed with said underground district
proposal. Council concurred with the City Administrator's recommenda-
tion that the State Legislators be informed that funds should be avail-
able to take care of private property owners.
~""'"
.......
Castlewood
Unit #7
Tr. 5357
Mi ller Ave.
Ass'mt Di st.
Annual Fire
Dept. Report
-
.....
Price list re:
Xmas Hi 11 Pk.
Canvass of
4/10/73 Elec.
Returns
. ,
Res.'#1733
Director of Public Works-City Engineer Henry requested
acceptance of the Final Tract Map of Castlewood Unit #7, Tract
5357 subject to filing of an Environmental Impact Report and to
securing an easement for the sanitary sewer to extend to Santa
Tberesa. Motion was made by Councilman Duffin seconded by Councilman
Hughan and carried that the Final Tract Map 5357 be approved subject
to the two stipulations noted by the Director of Public Works.
Director of Publ ic Works-City Engineer Henry reported on the
proposed Miller Avenue Assessment District between Fourth and Sixth
Streets. He also noted that the property owners would be contacted
to sign a petition for a 10-year project.
Council noted receipt of the 1972 Annual Report of the
Gilroy Fire Department. Fire Chief Brittain further explained said
report.
City Admin6trator Wood presented a price list for sale items
by the Concessionaire at Christmas Hill Park for approval. Motion was
made by Councilman Hughan seconded by Councilman Silva and carried
that the price list be approved as presented.
The City Clerk's Official Canvass of the returns of the General
Municipal Election of April 10, 1973, was noted. Motion was made by
Councilman Stout seconded by Councilman Silva that the reading of
Resolution No. 1733 be waived and that it be adopted Declaring the
Total Vote, Elected Officers of the City, and Approval of the Charter
Amendment.
3456
Res. #1731
RESOLUTION NO. 1733
A RESOLUTION' oF' THE CITY COUNCIL OF THE CITY OF l:;ILROY APPROVING AND
ADOPTING THE tHY CLERK'S CANVASS OF THE GENERAL MUNICIPAL ELECTION
AND DECLARING RESULT OF SUCH ELECTiON' HELD IN THE CITY OF GILROY ON
APRIL 10, 1973.
RESOLVED, by the City Council of the City of Gilroy, California,
that
WHEREAS, by order of this Council a general municipal election
was held and conducted in the City of Gilroy on Tuesday, the 10th day
of April, 1973, as required by law and the Charter of said City;
......
WHEREAS, it appears that notice of said election was duly and
legally given; voting precincts were properly established; election
officers were appointed and election supplies furnished; and in all
respects the election was held and conducted and the votes cast thereat
received and canvassed, and the returns thereof made, determined and
declared in time, form and manner as required by the Charter of said
City and the general laws of the State providing for and regulating
municipal elections in said City;
.....
WHEREAS, the City Clerk of said City on the 13th day of April,
1973, in the Council Chambers in the Gilroy City Hall, did conduct the
canvass of the returns of said municipal election and did count the
absentee balbts cast thereat, pursuant to direction and order of the
City Council of said City; and
WHEREAS, said canvass was duly completed and the results
thereof were certified by the City Clerk of the City of Gilroy and
submitted to this Council.
NOW, THEREFORE, IT IS HEREBY RESOLVED AND ORDERED, as follows:
1. Said municipal election was held and conducted in the City
of Gilroy, County of Santa Clara, State of California, on Tuesday,
April 10, 1973, in the time and in the form and manner as required ~
by law.
-
2. That there were established six (6) voting precincts for
the purpose of holding said municipal election consisting of either
regular election precincts established for holding state or county
elections, or a consolidation of some or all of such precincts, as
follows:
CONSOLIDATED PRECINCT NO.1, comprising state and county
precinct designated Precinct Number 3954 as established by
the Santa Clara County Board of Supervisors.
CONSOLIDATED PRECINCT NO.2, comprising state and county
precincts designated Precinct Numbers 3951 and 3953 as
established by the Santa Clara County Board of Supervisors.
CONSOLIDATED PRECINCT NO.3, comprising state and county
precincts designated Precinct Numbers 3966 and 3969 as
established by the Santa Clara County Board of Supervisors.
CONSOLIDATED PRECINCT No.4, comprising state and county
precincts designated Precinct Numbers 3956 and 3968 as
established by the Santa Clara County Board of Supervisors.
CONSOLIDATED PRECINCT NO.5, comprising state and county
precincts designated Precinct Numbers 3960 and 3965 as
established by the Santa Clara County Board of Supervisors.
--
-
CONSOLIDATED PRECINCT No.6, comprising state and county
precincts designated Precinct Numbers 3961 and 3963 as
established by the Santa Clara County Board of Supervisors.
3. The canvass of the returns of the votes cast and the
counting of absentee ballots cast in said City for the office of
City Councilman and the measure for the Charter Amendment was duly
held on April 13, 1973, by the City Clerk of the City of Gilroy in
accordance with the order of the Council and in accordance with law
3457
and said City Clerk has executed a certificate certifying to the
results of such canvass, which certificate is hereto attached, marked
Exhibit "A" and by this reference is made a part hereof. Said certifi-
cate has been examined and is hereby approved and adopted by this Council
as the official canvass of said municipal election.
4, The whole number of votes cast in said City of Gilroy at said
municipal election was 2,002 (including 33 absentee votes).
.....
5. The names of the persons voted for, the offices for which they
voted, the number of votes received by each of said persons in each
of said precincts and by absentee vote, together with the whole number
of votes which they received in the entire city, are shown on said
Exhibit "A", hereto attached.
"",...
6. At said general municipal election held in the City of Gilroy
on April 10, 1973, the following persons were elected to the following
offices:
JOHN E. "JAC1O' PATE was elected a member of the City Council
to hold office for a term of four years, from and after Tuesday,
April 17, 1973, and continuing until his respective successor
sha 11 qua 1 i fy.
DENNIS L. DEBELL was elected a member of the City Council to
hold office for a term of four years, from and after Tuesday,
April 17, 1973, and continuing until his respective successor
shall qual ify.
GEORGE T. DUFFIN was elected a member of the City Council to
hold office for a term of four years, from and after Tuesday,
April 17, 1973, and continuing until his respective successor
shall qual i fy.
......
7. The Charter Amendment voted for at the general municipal election,
the number of votes received for and against said Charter Amendment in
each of said precincts and by absentee vote, together with the whole
number of votes which said Charter Amendment received in the entire City,
is shown on said Exhibit "A" hereto attached.
.....
8. That the Charter Amendment voted upon in said general municipal
election is as follows:
CHARTER AMENDMENT SUBM I TTED TO VOTE OF VOTERS: "Sha 11 Sect i on
1400 of the Charter of the City of Gitroy be amended to provide that
teneral municipal elections shall be held on the third Tuesday of April
of each odd-numbered year so as to permit consolidation of general muni-
cipal elections wi th school elections?"
9. The total number of votes cast for the Charter Amendment voted
upon was 1,680 and the total number of votes cast against the Charter
Amendment voted upon was 110.
10. That at said election a majority of all of the votes cast for and
against the Charter Amendment were in favor thereof and Section 1400 of
the Charter of the City shall be amended to read as follows:
-
"Section 1400. General Municipal Elections. A general municipal
election shall be held on the third Tuesday of April of each odd-
numbered year, commencing with the year 1975, for the election of
officers and for such other purposes as the Council may prescribe."
.....
11. The City Clerk is hereby directed to make out and del iver to each
of the persons elected a certificate of election signed by her and duly
authenticated. She shall also impose the constitutional oath of office
and have them subscribe thereto.
12. The City Clerk is hereby directed to obtain Legislative approval
pursuant to Article XI, Section 3 of the Constitution of the State of
California on the Charter Amendment.
3458
13. That the City Clerk be, and she is hereby, instructed to enter
this resolution in full in the minutes of this Counci 1 as a statement
of the result of said general municipal election.
PASSED AND ADOPTED this 17th day of April, 1973, by the
following vote:
AYES:
COUNCIL MEMBERS:
DUFFIN, HUGHAN,
and GOODRICH
None
BATREZ
PATE, SILVA, STOUT
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
APPROVED: /s/ NORMAN B. GOODRICH, Mayor
ATTEST: /s/ SUSANNE E. STEINMETZ, City Clerk
....
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5T A TEMENT OF ALL VOTES CAST
AT THE
GENERAL MUNICIPAL
ELECTION
HELD
-
Apri 1 10
, 191L
....
IN
CITY OF GILROY
STATE OF CALIFORNIA
(When the City Clerk makes the Official Canvass, he must
fill out Certificate on back page.)
-
.....
."""..
.....
STATEMENT OF ALL VOTES CAST AT THE
.....
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Biafore Residence No.
St.StephenslEpiscopal
Church - No. 2
55
114
160
136
38
75
87 2 11 I.
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79203 302: 223! 55 185 153: 377:1 15,
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Jeske Residence - No.3 364 72 i 136 : 202 I 199! 69 143i 160 308;! 20
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Glenview School - No.5 f 400 87 200: 272 i 2031 50 156) 121 330:( 20
Wagon Wheel Village- G 231 I i
Rec. Bldg. - No.6 H 90 79 1181961
Absentee . I 33 7 I 12 , 18 I 14
...._____Tot.~___ ;~9.2 51.1 1847 ~2431980
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CERTIFICATE OF CITY CLERK
TO RESULT OF THE CANVASS
OF ELECTION RETURNS
.....
......
State of California, }
C Ottnty 0 f.......?.~D..t~....~..!.~.r.~.......................................... ss.
I) .....................................................?\.!.!?..9..IJ.IJ.~,...~.~,..~..t~J.O'(l}~.t?;.,................m.................m.......n...........,.....'....,... City C ler k
of said City) do hereby certify that, in pttrsttance of the provisions of
Section 22932.5 of the Elections Code and of the resoltttion of the
governing body of said City, heretofore adopted and entered ttpon
the mintttes of said governing body, I did canvass the retttrns of the
vote cast in said City) at the......mm.....~.~~.~~.~..~....~.~.~..~.~..~.p..~..~.................m...............mn
...........,................n..............................'....'..n......mm.......,..n...nn..m...................n.....,.n..E le ction he ld on
............m.....8P.r..i.J...JQ.'m..mm...' 19..7.3....., for elective pttblic offices, and/or for
and against each meastlYe sttbmitted to the vote of the voters) and that .......
the Statement of the Vote Cast) to which this certificate is attached,
shows the whole nttmber of votes cast in said City, and the whole nttm- .......
ber of votes cast for each candidate and/or for and against each meas-
ttre in said City and in each of the respective precincts therein, and
that the totals of the respective colttmns and the totals as shown for
each candidate and/or for and against each measttre are fttU) trtte and
correct.
WITNESS my hand and Official Seal this......m..!.l.th.................day of
....................I:\p..r..1..1.................,....,..., 19.TJ....
(SEAL)
.../;i2y!,::~re..(2t;;:;;,c'!t... ..., City Clerk.
. /
,
By .........,............................................,... ...........................'.............) De Pttty.
~
(The above certificate is to be used only w!Jen the governing body has ordered the City Clerk to make the official canvass.)
--
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"....
.....
",...
II....
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.....
Adjourn-
Sine Die
Roll Ca 11
Plan. Com.
Resigna-
tion
Bonanza Days
3459
Motion was made by Councilman Stout seconded by Councilman Duffin
and carried that the meeting adjourn Sine Die.
The City Clerk swore in the new Council Members for a 4-year term.
Present: Council Members: DeBell, Duffin, Hughan, Pate, Silva,
Stout and Goodrich.
A letter of resignation from retiring Planning Commissioner
Dennis DeBell was presented. Motion was made by Councilman Silva
seconded by Councilman Stout and carried that Dennis DeBellis resigna-
tion from the Planning Commission be accepted.
Councilman Hughan requested a proclamation regarding Bonanza
Days to be approved at the old City Hall. The Mayor appointed Council-
man Hughan to make arrangements for same.
Councilman Stout noted complaints regarding dogs and cats running
at large throughout the city on private properties. Staff was requested
to contact the County in regard to same.
City Barbecue Council had no objections to July 14, 1973, as the date for the
annual city barbecue.
Adjournment
The Mayor noted that in future meetings he would ask for intro-
duction of new business from councilmen rather than from each individual
counci Iman.
Chief Brittain noted that his department could provide lighting
necessary during the Bonanza proclamation ceremonies proposed at the
Old City Hall.
The Mayor noted the Council Study Session scheduled for April
23, 1973, at 8:00 p.m. in regard to the 5-Year Capital Improvement
Program.
The Mayor noted the Inter-City Councills one-day Legislatorsl
Meeting at the State Capi tol, May 2, 1973.
The Mayors' and Councilmens' Legislative Conference (sponsored
by the League of California Cities) at Sacramento on May 14-16, 1973,
was noted.
The League of California Cities, Peninsula Divisionsl meeting
at A Imaden Vi neyards on June 21, 1973, was noted.
The Mayor adjourned the meeting at 10:05 p.m. to an executive
session. At 10:55 p.m., the Mayor called the meeting to order and
adjourned same.
Respectfully submitted,
.e) , t '
Z<J Vi,. I>"j;. v"
~,dC",~
City Clerk .