Minutes 1963/05/20
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2276
Gilroy, California
May 20, 1963
This regular meeting is called to order by His Honor Kenneth L. Petersen.
Present: Council Members: George T. Duffin, Chester R. Eckard, Norman B.
Goodrich, Wilford E. Jordan, and Everett C. Wentworth.
Absent: Council Member: Charles F. Quartiroli.
City Administrator Carr presents and explains a proposal for a contract
with the Gilroy Garbage Disposal Company providing for City billing and collec-
ting of garbage bills.
The City Attorney states that the City can require dwelling units to use
and pay for garbage service and this service can be billed with the water bill..
Councilman Quartiroli enters and takes his seat at the Council table.
Motion by Councilman Wentworth second by Councilman Duffin and carried
that the City Attorney be instructed to prepare a contract for the billing and
collection for garbage service with the Gilroy Garbage Company.
City Administrator Carr reports that the City can also contract with the
Gilroy Garbage Company for garden refuse pickup which is presently being done
by the City. He states that this service can be contracted for $7,200.00,
based on the estimate that there would be 2,000 dwelling units using garbage
service.
Motion by Councilman Duffin second by Councilman Wentworth and carried
that the City Attorney be instructed to prepare a contract with the Gilroy Gar-
bage Company on their proposal for garden refuse pickup.
A letter from Kentwood Development Company is read requesting that the
City of Gilroy purchase 4.584 acres of their land for the proposed Uvas Parkway.
The City Attorney reports that the City is not obligated to purchase the
,proposed property. He states that the General Plan provides for a parkway across
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the property and had official plan lines been establ ished no buildings could
have been constructed in the plan I ine area.
Discussion is had on the proposal.
Discussion is had on the proposed Uvas Parkway route.
MOLion by Councilman Goodrich second by Councilman Eckard and car~
ried that no action be taken on the proposal from Kentwood Development Company.
The recommendation of the Planning Commission to investigate the
setting of plan lines on the Uvas Parkway is discussed. The Council deter-
mines that no action should be taken at this time.
A letter from the Gilroy Public Schools is read requesting permis-
sion to hold a student's parade.
Motion by Councilman Quartiroli second by Councilman Goodrich and
carried that the request from the Gilroy Public Schools be granted.
An application for transfer of On-Sale Beer and Wine License at 51
South Monterey Street is presented.
City Administrator Carr reports that the Police Department has no
objection to this transfer. The appl ication is ordered to be filed.
A petition is presented from merchants and citizens to provide for
limited parking in the alley between Eigleberry and Monterey from Fifth to
Sixth Streets. '
City Administrator Carr requests that the Administrative Staff be
allowed time to review the parking situation in this area and submit recom-
mendations on this matter at a later date.
The Mayor requests that the petition be read at this time.
Mr. Don Chesbro addresses the Council and explains the parking
situation on Monterey Street between Fifth and Sixth Streets and requests
that parking in the alley between Monterey and Elgleberry Streets be allowed
on the east side of the alley and that the City mark the available parkway
spaces for this purpose.
City Administrator Carr reads the petition regarding parking condi-
tions on Monterey Street and requesting parking in the alley.
The Mayor states that this matter will be reviewed by the Staff
and that the merchants will be contacted.
The report of the Personnel Commission is presented and read, recom-
mending salary increases for 1963-64; recommending that employee sick leave
be increased from 30 to 60 days; and recommending that personnel rules and
regulations be adopted.
City Administrator presents Resolution No. 757 and copies are
given to each Council Member.
Motion by Councilman Quartiroli second by Councilman Jordan that
Resolution No. 757 be adopted.
RESOLUTION NO. 757
A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ALLOCATING THE VARIOUS
EMPLOYEE CLASSIFICATIONS IN THE CITY SERVICE TO APPROPRIATE RANGES AS DETER-
MINED BY STUDY OF THE PERSONNEL COMMISSION.
PASSED AND ADOPTED this 20th day of May, 1963 by the following vote:
AYES: COUNCIL MEMBERS: Duffin,Eckard,Goodrich,Jordan,Quartiroli, and
Wen twor th.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Discussion is had on the recommendation from ,the Personnel Commis-
sion regarding amending the Code to increase accumulative sick leave from 30
to 60 days.
Assistant City Administrator Reinsch presents an~ reads a survey
from other cities regarding the number of sick leave days allowed.
Discussion is had.
City Administrator Carr presents and reads a proposed ordinance
amending the City Code allowing 60 days accumulative sick leave for City
employees.
Motion by Councilman Goodrich second by Councilman Quartiroli and
carried that the proposed ordinance regarding sick leave be introduced and
published by title and summary.
Copies of the proposed personnel rules and regulations are distri-
buted to each Coun~il Member.
City Administrator Carr requests that each Council Member study
the proposed personnel rules and regulations in order to take action at the
next meeting.
The Report of the Planning Commission is presented and read inform-
ing the Council on the zoning request from Kentwood Development Company; and
recommending that the Administrative Staff be instructed to investigate the
2')78
feasabilityof establ ishing official plan lines on the proposed Uvas Parkway.
Discussion is had on setting of official plan lines for the proposed
Uvas Parkway.
The Mayor instructs the City Staff members to investigate the matter
of setting official plan lines after it is determined where the proposed
County Expressway route will be located.
Director of Public Works Kludt reports that the Expressway location
should be officially set within the next month.
Motion by Councilman Eckard second by Councilman Duffin and carried
that Dale Connell be appointed Planning Commissioner to fill the unexpired
term of Bruce Jacobs whose term expires January I, 1964.
City Administrator Carr states that each Council Member has a copy of
the Preliminary Budget for 1963-64 for study. He requests that a work meet-
ing be scheduled for May 27th because the work meeting originally scheduled
on the proposed zoning ordinance for this same date has been cancelled.
The Council consents to a work meeting on the 1963-64 budget on May 27th at
7:30 p.m.
City Administrator Carr reports that the Charter requires appointment
of a Mayor Protempore after each Council Election.
Motion by Councilman Wentworth second by Councilman Goodrich and car-
r i ed that Counci lman Jordan be appoi nted Mayor Protempore.
The City Attorney presents and reads Resolution No. 758.
Motion by Councilman Eckard second by Councilman Wentworth and carried
that Resolution No. 758 be adopted. .
RESOLUTION NO. 758
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING A NEW
STORM DRAIN FUND TO BE KNOWN AS 'ISTORM DRAIN FUND IEIII..
PASSED AND ADOPTED, this 20th day of May, 1963, by the following vote:
AYES: COUNCIL MEMBERS: Duffin,Eckard,Goodrich,Jordan,Quartiroli, and
Wentworth.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
A letter is read from Arthur Young and Company regarding changes in
audit procedures and recommending one detailed audit at the end of the fiscal
year thus eliminating the auditing at each quarter.
City Administrator Carr recommends the proposal from Arthur Young and
Company.
Motion by Councilman Jordan second by Councilman Goodrich and carried
that a one year audit as outl ined by the Arthur Young and Company be authorized.
A claim from Chris' Fine Foods and Marty Martinez for flood damages
incurred at the January 31st storm in the amount of $150,000.00 is presented
and read.
City Administrator Carr reports that the claim was filed on May 7, 1963
which is over the 90 day period for filing of claims as set forth in the
charter.
The City Attorney states that the claim was filed too late.
Motion by Councilman Eckard second by Councilman Duffin and carried
that the City of Gilroy reject the claim of Marty Martinez and Chris'Fine Foods.
The Council instructs the City Attorney to notify the claimant of the
Councils' action of rejection.
Councilman Ouartiroli asks permission to be excused. The Mayor excuses
Councilman Quartiroli.
A report on the structural condition of the Old City Hall Building by
H. J. Brunnier, Consulting Engineer, stating that its structural condition is
unsound and unsafe.:
Discussion is had.
Councilman Wentworth suggests that some precautionary measure be taken
by the City to prevent accidents until the proposed Police Department build-
ing is constructed.
Director of Publ ic Works Kludt reports that he is not familia~ with the
necessary requirements to make the old City Hall b9ilding temporarily safe.
It is suggested that the bell tower be removed since it is very hazard-
ous structurally.
It is decided to table any action on the matter of the old City Hall
Building and discuss this matter at the budget work meeting.
City Administrator Carr presents Resolution No. 759.
Councilman Quartiroli resumes his seat at the Council table.
Motion by Councilman Goodrich second by Councilman Jordan that the read-
ing of Resolution No. 759 be waived since it is the same form as passed in
previous years and that it be adopted.
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RESOLUTION NO. 759
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 CON-
STITUTE SUCH NUISANCE, AND PROVIDING FOR GIVING NOTICE OF THE ADOPTION OF
THE RESOLUTION BY PUBLICATION THEREOF.
ADOPTED and PASSED the 20th day of May, 1963, by the following votes:
AYES: COUNCIL MEMBERS: Duffin,Eckard,Goodrich,Jordan,Quartiroli, and
Wentworth.
NOES: COUNCIL MEMBERS: None
ABSE~T: COUNCIL MEMBERS: None
Director of Public Works Kludt reports that the City Code authorizes
him to set the public hearing date on the weed abatement hearing and that he has
set June 3rd for .this public hearing.
City Administrator Carr reports that he has received a recommenda-
tion for wage increase from the Director of Public Works for Henry Toya, Custo-
dian from $1.79 per hour to $1.88 per hour and that he concurs with the recom-
mendation. He also recommends that JuneCadile be advanced to the next step
in her salary range 13 from $325.00 to $341.00.
Motion by Councilmen Goodrich second by Councilman Quartiroli and
carried that Henry Toya and June Cadile be advanced to the next step in their
salary schedule effective June I, 1963.
City Administrator Carr requests Council approval to advertise
bids for liability insurance.
Motion by Councilman Duffin second by Councilman Jordan and carried
that bids be advertised for liability insurance.
A letter is presented and read from the State Water Rights Board
regarding a proposed hearing on the Little Arthur Dam Project.
City Administrator Carr reports that he conferred with the Chair-
man of the Santa Clara County Water Conservation District who indicated that if
the City wished to transfer this application they would probably accept it.
Councilman Goodrich states that if the Santa Clara County Water
Conservation District is willing to accept the Little Arthur project that the
City should adopt the necessary resolution and turn the matter over to them.
City Administrator Carr reports that if the Board meets before the
next Council meeting and if they accept the proposal he will have a resolution
prepared for the next Council meeting.
A letter is presented and read from Marion Link regarding the Medi-
cal and Life Insurance bids informing the Council that the bid was awarded in
violation of the City Charter.
The City Attorney reports that the bid was awarded in a legal man-
ner. He states that any objections should have been stated prior to awarding
of the bid by the Council.
Mr. Marion Link addresses the Council and explains his claim. He
states that more than one bid was submitted by different agents which is a vio-
lation of the Charter. He also states that a bidders bond was not required in
the specifications which is also a violation of the Charter.
The City Attorney states that it was impossible to require a 10%
bidders bond because the bids were rated on a per employee plus dependent basis
and it was undetermined at that time the exact number of employees that would
carry their dependents under the proposed plan.
The City Attorney also states that under the circumstances where
it is impossible to submit a bidders bond and where no one sufferred a loss
and where it was not an unfair advantage to anyone the bid would be val id and
not in violation of the Charter.
Mr. Link states that the Charter also requires that no person shall
have an interest in more than one bid.
The City Attorney states that the successful bidder was not one
of the bidders that bid more than one bid.
Water samples taken by the Santa Clara County Health Department
are presented and read. All samples are satisfactory.
The Mayor states that all Council Members have a copy of the City
Auditor's report of disbursements from April 10th to May 10, 1963.
Motion by Councilman Wentworth second by Councilman Eckard and
carried that the reports as presented be accepted.
Councilman Wentworth states t hat all Council Members have received
a letter from W. J. Hanna Sr. regarding agricultural use of sewer effluent and
suggests that immediate action be taken and that Mr. Hanna's proposal be given
consideration.
Discussion is had.
The Mayor appoints Council Members Wentworth, Jordan and Eckard
as a Committee to investigate the situation at the site for their recommenda-
o
tion at the next Council meeting.
Councilman Eckard asks if the Santa Clara County Flood Control District
replied regar~ingcleaningof Miller Slough.
Directot of Public Works Kludt reports that it will be after July lr
1963 before the slough is cleaned because there presently is no South zone
money available.
Director of Public Works Kludt is instructed to investigate Howson Bros.
flushing operation at the Church Street Bri.dge toward Busy Bee.
Councilman Quartiroli reports that the City lot opposite Old Gilroy Street
is unsightly.
The City Administrator instructs Director of Public Works Kludt to put
this project on his list for monthly maintenance.
Director of Publ ic Works Kludt requests that the work meeting of the
Council and Planning Commission on the proposed zoning ordinance be postponed
to June 4th at 7:30 p.m. if Nestor Barrett will be available. This work meet-
ing meets with the Councils' approval.
A letter from the American Legion Post #217 is presented and read request-
ing that Sixth Street between Eigleberry Street and the Milias Hotel alley be
blocked off between 7:30 and 10:30 a.m. on May 30th for the Memoria~ Day
services.
The Council grants the request and desire the details to be worked out
with the Chief of Police.
Motion by Counci 1 men Wentworth and Goodrich second by Counci I man Duffin
and carried that this meeting adjourn at 10:06 p.m.
Respectfully submi tte~~, 0
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