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Minutes 1967/11/06 2719 November 6, 1967 Gilroy, California The regular Meeting of the Gilroy City Council was cal- led to order by His Honor Mayor Norman B. Goodrich at 8:02 p.m. Roll Call Present: Council Members: John E. Allemand, George T. Duffin, Mark E. Kennedy,Jr., Charles F. Quartirol i, Anthony C. Silva, Everett C. Wentworth, and Norman B. Goodrich. Introduction- The Mayor introduced new employee, Carol ine Langston, New Employee Clerk-Typist. Gavi1an College The Mayor acknowledged Gavi1an College Political Science Students Students, present in the audience. Minutes The Minutes of the Regular Adjourned Meeting of October 23, 1967 were approved as mailed and recorded. Sewer Line Bids Director of Public Works Henry reported on the Bid re:Northwood Opening of Monday, November 6, 1967 - 2:00 p.m. re: 1011 Sanitary Park(We1bur~ Sewer Line proposed for Northwood Park Subdivision, as follows: 1. William Radtke & Son - $14,486.00; 2. Granit Construction Company- Watsonvi11e - $15,355.00; and 3. W. H. Ebert Corp. - S~n Jose - $12,965.00 and recommended that the low bid of W. H. Ebert Corp. be awarded for said improvement. Motion was made by Councilman Wentworth seconded by Councilman Allemand and carried that the bid of W. H. Ebert Corp. in the amount of $12,965.00 be awarded for said Improvement. Director of Pub1 ic Works Henry noted that the estimated budget amount for said improvement was $12,800.00 plus $700.00 for contingencies. Pub.Hear.re: The Mayor stated that it was the time aod place sche- Miller Ave.67-duled for the Public Hearing on the proposal to annex 1.949 acres 2 Annex. of Uninhabited Territory to be known as IIMil1er Avenue Annexation Res.#1154 & 67-2 to the City of Gi1royll belonging to Fenton & Gladys O'Connell Res.#1155 and Sam J. & Doris Gurgiolo located on the West side of Miller Avenue opposite of Fifth Street. City Administrator Wood explained the location of same. '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 Coun- cilman Duffin seconded by Councilman Wentworth and carried that the Public Hearing be closed. The City Attorney presented Resolution No. 115~ refer- ring to no majority protest. Motion was made by Councilman Duffin seconded by Councilman Kennedy that the reading of ResOlution No. ') 720 Pub.Hear.re: Cas t 1 ewood Pk.Annex.67-1 Pub.Hear.reIlSII Zone require- men ts Certificate of Service-Ben Gutierrez 1154 be waived and that it be adopted. RESOLUTION NO. 1154 RESOLUTION DECLARING THAT:NO MAJORITY PROTEST HAS BEEN MADE TO THE ANNEXATION OF TERRITORY DESIGNATED IN THE. PROCEEDINGS AS "MILLER AVENUE ANNEXATION 67-2 TO THE CITY OF GILROYII. PASSED AND ADOPTED immediately 'following the hearing mentioned in the above resolution, this 6th day of November, 1967, by the fol-' " . ., I lowing vote: AYES:" COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Allemand, Duffin, Silva, Wentworth, None None Kennedy,Jr., Quartiroli, and Goodrich. The City Attorney presented Resolution No. 1154 annex- ing said territory to the City of Gilroy. Motion was made by Councilman Kennedy seconded by Councilman Wentworth that the read- ing of Resolution No. 1155 be waived and that it be adopted. -, , -.J RESOLUTION NO. 1155 A RESO~UTION ~ROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABIT- ED TERRITORY DESIGNATED AS IIMILLER AVENUE ANNEXATION 67-2 TO THE CITY OF GILROYII AND FOR THE INCORPORATION OF SUCH ANNEXED TERRITORY IN AND AS A PART OF SUCH MUNICIPALITY FOR THE GOVERNMENT AND MUNI- CIPAL CONTROL THEREOF. PASSED AND ADOPTED thds 6th day of November, 1967, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: Allemand, Duffin, Silva, Wentworth, COUNCIL MEMBERS: None COUNCIL MEMBERS:Rone Kennedy,Jr. ,Quartiroli, and Gocxl rich. The Mayor stated that it was the time and place sche- duled for the Public Hearing on the proposal to annex 12.506 acres of Uninhabited Territory to be known as IICastlewood Park Annexa- tion 67-1 to the City of Gilroyll belonging to Cugini Properties, A General Partnership located on the East side of Westwood Acres- Tract #3500, easterly terminus of Third Street. ...... ...... City Administrator Wood reported on a Meeting with the Developers, regarding the proposed Castlewood Park 67-1 annexation, noting that a reasonable compromise had been verbally worked out, and that the owners of said territory have requested that the Pub- lic Hearing on the proposed annexation be continued to the next regular Council Meeting in order to obtain a letter agreement in this regard. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. There was no com- ment from anyone in the audience. Motion was made by Councilman Kennedy seconded by Councilman Wentworth and carried that the Pub- lic Hearing on the proposal to annex territory to be known as IICastlewood Park Annexation 67-111 be continued to the next regular Council Meeting of November 20, 1967 at 8:00 p.m. The Mayor stated that it was the time and place sche- du I ed for the Pub 1 i c Heari ng on the proposa 1 to rev i se the IISI1 Zone requirements and related provisions of the Zoning Ordinance. 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. Councilman Quartiro1i inquired of the contents of the final proposed ordinance. Motion was made by Councilman Silva seconded by Councilman Quartiroli and carried that the Publ ic Hearing on the proposed IISII Zone requi rements be continued to the next regular Council Meeting of November 20,1967 at 8:00 p.m. to provide Council with additional time to further study this matter. ~ ..... . The Mayor presented a Certificate of Service to Ben Gutierrez, Planning Commissioner, resigned from said Commission on Oc tobe r 23, 1967. '2721 Water Samples City Administra.tor Wood presented a Report on satisfac- tory Water Samples taken by the Santa Clara County Health Depart- men t. Well #1 Discussion was had on the status of Well #1. City Administrator Wood reported that Staff is studying the feasibility of brushing the casing of said well before retaking photographs of same. -- .... Salary Increase re: J.Miller Demo I i ton of bldg.-126S. Church St. Res.#1156 re: demo lit i on procedure '..,..", City Administrator Wood recommended a merit increase in the Salary Pay PJan for John Miller, Poundmaster, from Range 19.5 Step "CII $483. to Step lIDII $507. to be effective November 1, 1967. Motion was made by Councilman Wentworth seconded by Council- man Allemand and carried that John Miller be granted the Merit Increase in the Salary Pay Plan as recommended. City Administrator Wood presented a Report on a proposal to Demolish an Unsafe Building at 126 South Church Street. He noted that three informal proposals for demolition of same had been:re- ce i ved as fo 11 ows: 1. George C. Renz Cons.truc t i on Company - $ 1 , 162. less $200.00 if the City provided the dumping premises for the debris of said building; 2. William Radtke & Son - $1250.00 less $200.00 for dumping premises; 3. Jack M. Farnham Truc~ & Demo1iton Service, San Jose - $950.00 including $250.00 for dumping. Discussion was had regarding Staff attempting to obtain demolitdon costs as an assessment against the property, if possible. The City Attorney presented and read Resolution No. 1156 Ordering Demolition and removal of said building at 126 South Church Street. Motion was made by Councilman Allemand seconded by Council- man Quartiroli that Resolution No. 1156 be adopted. RESOLUTION NO. 1156 RESOLUTION ORDERING DEMOLITION AND REMOVAL OF DILAPIDATED, DANGEROUS AND HAZARDOUS BUILDING AND PROVIDING FOR THE COLLECTION OF THE COST THEREOF. PASSED AND ADOPTED this 6th day of November, 1967, by the following vote: AYES: COUNCIL MEMBERS: Allemand, Duffin, Silva, Wentworth, None None Kennedy, Quartiro1 i, and Goodrich. NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Discussion was had regarding continuing award of the informal bid for demolition of said building.. Councilman Duffin noted that we may possibly be able to obtain the ser'vices of another contractor for demolition of said building at-a lower cost to the City. Award of said bid was continued to the next regular Council Meeting to allow Councilman Duffin to contact said contractors. Fundsre:Storm City Administrator Wood presented a Report regarding Develope.rs a:>ntribution of advance funds for a proposed Storm Drain Improvement. He explained apropos.al to install an open ditch on Mi ller Avenue down Sixth Street to the Princeval1e Storm Drai n - Channel to alleviate the proposed storm drainage waters expected to be created as a result of the tree removal on John Stelling's pro- ~. perty and anticipated to be a problem in the proposed Subdivision proposed within the Miller Avenue 67-2 annexed property. Discussion was had. Council instructed Staff to contact Mr. Stelling to deter- mine if he would all-ow the proposed ditch to be constructed through his property at the natural channel where the proposed ,future Storm Drain pipe line is to be installed. Res.#1157 re: C i v i I De f . Plan City Administrator Wood presented a proposed Civil Def- ense Operations Plan distributed to the Council with the Agenda for this meeting. City Administrator Wood reviewed said Plan. The City Clerk presented Resolution No. 1157 adopting said Civil Defense 2722 Proposed Meet. re:Ext.S. Chruch St. Fed. Grant Ap. re:Water Pres- surization Res.#1158 Fire Eng.#l Overhaul Welburn Ave. Sewer ease- ments (Bosco & Fillippel- li proper- ties) SPRR Agreement re:Opening of 10th St. Cros- sing ~ L Operations Plan.' Motion was'made by Countl,lman Wentworth seconded by Councilman Quartiroli that Resolution No. 1157 be adopted. RESOLUTION NO. 1157 RESOLUTION ADOPTING THE CIVIL DEFENSE OPERATIONS PLAN FOR THE CITY OF GILROY. PASSED AND ADOPTED by the Council of the City of Gilroy, this 6th day of November, 1967, by the following vote: AYES: COUNCIL MEMBERS: Allemand, Duffin, Kennedy,Jr., Quartiroli, Si lva, Wentworth, am Goodrich. COUNCIL MEMBERS: None COUNCIL MEMBERS: None NOES: ABSENT: City Administrator Wood reported on a proposed meeting with Gavilan College and Santa Clara County Officials in regard to Discussing Ways & Means of Extending South Church Street. Said Meeting was set for November 15, 1967 - 2:00 p.m. in the Council Chambers. City Administrator Wood reported on an Application for a,Grant under P.L. 89-117, for the Proposed Water Pressurization Project. Motion was made by Councilman Duffin seconded by Council- Wentworth that Resolution No. 1158 be adopted. RESOLUTION NO. 1158 RESOLUTI ON AUTHOR IZ I NG Fill NG OF APPLI CATION WI TH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT UNDER P. L. S9-117. PASSED AND ADOPTED this 6th day of November, 1967, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: ,Allemand, Duffin, Silva, Wentworth, COUNCIL MEMBER: None COUNCIL MEMBERS None Kennedy, Quar t i ro 1 i , and Goodrich. City Administrator Wood reported on the Overhaul Work on Fire Engine #1, requesting that the Budget be amended in the amount of $2,789.00 for said repair work. Motion was made by Councilman Wentworth seconded by Councilman Quartiroli and carried that the 1967-68 Budget be amended to increase Aocpilint 15Bl5 in the amount of $2,789.00 as recommended to allow for repair of the. Fire Engine #1. City Administrator Wood reported on acquisition of Welburn Avenue Sewer Easements. Motion was made by Councilman Quartiroli seconded by Councilman Silva and carried that authoriza- tion be given for the acquisition of Sewer Easements and execution of Agreements on Romeo Bosco and Andrew Fillippelli properties as outlined by the City Administrator. Director of Public Works Henry reported on a proposed Agreement with the Southern Pacific Railroad in regard to the Open- ing of the Tenth Street Crossing. He Noted that the City's share for said improvement is estimated at $45,335.00 which includes $18,750.00 for the crossing gates of which one-half ($9,375.00) can_ be refunded by the Public Utilities Commission following applica- tion of same, leaving the ultimate cost to the City at $35,950.00 for relocation of the railroad tract and installation of signals at the 10th Street Crossing. Motion was made by Councilman Quartiroli seconded by Councilman Allemand and carried that the Director of Public Works be authorized to notify the Public Utilities Commiss- ion that the City is in accord with same, and agreeable to terms as presen ted. SPRR Agreement Director of Public Works Henry reported on a proposed re:75h St. Cros- Agreement for Railroad Signals Improvement at the Seventh Street sing Crossing. Motion was made by Councilman Duffin seconded by Council- .... - r - ...... .... r ~ ~ """ Res.#1159 ....... .... Ord.;'~809 re: Assessm't Dist.proceed- ings -....,.,.".,. Spec.re:Tractor 2723 man Wentworth that Resolution No. 1159 be adopted authorizing exe- cution and acceptance of said Agreement re: Seventh Street Crossi~4 RESOLUTION NO. 1159 RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT BETWEEN THE CITY OF GILROY AND SOUTHERN PACIFIC RAILROAD COMPANY WITH RESPECT TO THE MAINTENANCE OF PROTECTIVE DEVICES INSTALLED AT SEVENTH STREET RAILROAD CROSSING IN THE CITY OF GILROY. PASSED AND ADOPTED this 6th day of November, 1967, by the following vote. AYES: COUNCIL MEMBERS: Allemand, Duffin, Silva, Wentworth, None None Kennedy, Quartiroli, and Goodrich. NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Ordinance No. 809 amending Chapter 12A of the Gilroy City Code regarding Assessment Districts was presented for adoption. Motion was made by Councilman Wentworth seconded by Councilman Silva that the reading of Ordinance No. 809 be waived and that it be adopted. ORDINANCE NO. 809 AN ORDINANCE OF THE CITY OF GILROY, CALIFORNIA, AMENDING CHAPTER 12A OF THE GILROY CITY CODE BY AMENDING SECTION 12A.2, DEFINITIONS RELATING TO ACQUISITIONS OR IMPROVEMENTS, SECTION 12A.19, RELATING TO MA I LING ADDRESS, BY ADD I NG SECT IONS 12A.73 to 12A. 73-5, 'I NCL.U- SIVE, RELATING TO LIENS, BY AMENDING SECTION 12A. 103 AND ADDING SECTION 12A. 103-1, RELATING TO DISPOSITION OF SURPLUS ASSESSMENTS, BY AMENDING SECTION 12A. 178-1, RELATING TO ENLARGEMENT OF DISTRICT BOUNDARIES AND BY AMENDING SECTION 12A.180, RELATING TO BOND PLAN E. PASSED AND ADOPTED this 6th day of November, 1967, by the follo~ ing vote: AYES: COUNCIL MEMBERS: Allemand, Duffin, Silva, Wentworth, None None Kennedy, Quartiroli, and Goodrich. NOES: ABSENT: COUNCIL MEMBERS: COUNC I L tvE MBERS: Assistant City Administrator Reinsch presented amended specifications for purchase of a Tractor with attachments. Dis- cussion was had. Motion was made by Councilman Quartiroli seconded by Councilman Wentworth and carried that the specifications for a Tractor with attachments as presented by approved and that the call :for bids oeauthor'i zed. Plan. Com. appont- The Mayor tabled the appointment of a Planning Commis- ment sioner to fill the unexpired term of Ben Gutierrez. (1-1-70) Proposed Elks 'Bldg. Grading P ]'ans ~ ..... ,Mr. E. H. Duerr, A. I.A., addressed the Counci I, repre- senting the Gilroy Elks Lodge and explained the proposed Grading Plans, etc. for their proposed building. Discussion was had. Motion was made by Councilman Quartiroli seconded by Councilman Silva and carried that the proposed Site and Access Road Grading Plans for the Gilroy Elks Lodge building be approved subject to the City Engineer's approval of means for taking care of the sur- face run - off waters. Meet.Plan.Policy The Minutes of the Executive Committee (of the Plan- Exe.Com. ning Policy Committee) meeting of September 28, 1967 were noted. 9/28/67 Resignation of present City Off. r e- l presen ted on said Com. · Councilman Wentworth resigned as representative of the Council on thel County Planning Policy Committee and informed the Council that Dale Connell, Planning Commissioner, also has resigned as the non-voting member on said Committee. The Mayor appointed Councilman Keneedy as the Voting Member ofsai'dCommittee to repre- sent the City and William Childers, Planning Commissioner as the non-voting member to replace those officials resigning from said Commi ttee. Society City Administrator Wood presented a letter from the Guadalupana Society requesting permission to conduct a Parade on December 10, 1967 to begin at Fifth Street down Church Street to the St. Mary's Church. Motion was made by Councilman Quartiro1i seconded by Councilman Allemand and carried that the request for said Parade as outlined be granted. 2'7;~4 S.C.Co.Trans. Plan. Study Newsletter S.C.CO.Trans. Plan. Study News letter Proposal of S.C. to.re:Zon- ing of land in Close prox imi ty to Inc. Cities Letter of com- mendation re: Patrolman & Po 1 ice Dept. Letters of com- mendation re: P & R Director Safety Counc i I Dinner Meet. Guadalupana Parade "Fr i ends of Library Group" OrgaB:f:zation Street conditions re: Ext. N. Church St. Misc. tools re: Pub. Wks. Dept. Filice Prop.re: Houses on Church St. Commission rep- resen tat i on R~s.#1160 re: Sewer Ease- The Newsletter "SantaClara Valley Plansll from County of Santa Clara Planning Department, No. 48 July - Aug. '67 was noted. The Newsletter of Santa Clara County's Transportation Planning Study, No.9, Oct. '67 was noted. City Administrator Wbod presented a letter and Resolu- tion from Santa Clara County in regard to County Zoning Policy of Territory inClose Proximity to Incorporated Cities. Mayor Good- rich noted that at the last Inter-City Council Meeting, City Officials were requested to urge their City Councils to endorse said proposal. Motion was made by Councilman Quartiroli seconded by Councilman Wentworth and carried that Staff notify the Board bf Supervisors that the City endorses said proposal. -- .~ City Administrator Wood presented a letter of Commend- ation from John Hughan regarding the services. of Patrolman Elder and the Police Department. City Administrator Wood presented three (3) letters commending Mr. Robert Frost., P. & R. Director. City Administrator Wood noted a letter inviting the Council to the 18th Annual Dinner Meeting of the Santa Clara Co. Safety Council on December 1, 1967 at Hyatt House, San Jose. ..... "'- ~,<,- Chief Librarian Goshert reported that interested citi- zens wi II be organized to form the IIFriends of the Library Groupll to support the Library and the Library and Culture Commissions' Activities and that the Council is invited to attend their first meeting scheduled for November 15, 1967 at 8:00 p.m. Director of Public Works Henry reported on the condi- tion of the North Church Street Extension regaraing failures in said street. He noted that the City crew is presently placing the additional asphalt needed and that corrective measures for improving the condition are beimg taken and that the Contractor (Sam Spencer) has agreed to pay the cost of the repair materials and all of the slurry sealing costs. Councilman Silva requested Staff to investigate fur- nishing additd>onal small hand tools necessary for employees in the Public Works Departments. - Councilman Kennedy inquired about the two houses moved on Filice's property on Church Street between Sixth and Seventh Streets. City Administrator Wood noted that the City has an Agree- ment for the improvement of same with the property owner to com- plete improvements. .."""\~ The Mayor noted the presence of Planning Commissioner Childers and P. & R. Commissioner DeLorenzo. City Administrator Wood reported on the condemation Sewer easement to service Northwood Park Subdivision, from Air-O- 2725 ment (Air-p- Fan Property. The City Attorney presented Resolution No. 1160 Fan) regarding same. Motion was made by Councilman Wentworth seconded by Councilman Kennedy that Resolution No. 1160 be adopted. RESOLUTION NO. 1160 ..... RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DECLARING PUBLIC NECESSITY FOR ACQUISITION OF AN EASEMENT IN REAL PROPERTY FOR UTILITIES AND AUTHORIZING THE CITY ATTORNEY OF THE CITY OF GILROY TO INSITUTE PROCEEDINGS IN EMINENT DOMAIN. PASSED AND ADOPTED this 6th day of November, 1967, by the following vote: AYES: COUNCIL MEMBERS: Allemand, Duffin, Silva, Wentworth, None None Keneedy, Quartiroli, and Goodrich. ..., NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Res.#1161 re: Resolution No. 1161 regarding the condemnation of Drainage Ease- temporary drainage easement from A. Fillippelli Property was pre- ment(Fillip- sented. Motion was made by Councilman Wentworth seconded by Coun- pel I i prop.) ci lman Kennedy that Resolution No. 1161 be adopted. RESOLUTION NO. 1161 ....... . RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DECLARING PUBLIC NECESSITY FOR ACQUISITION OF A TEMPORARY EASEMENT OVER A PERIOD OF THREE YEARS WITH AN OPTION OF TWO ADmlTIONAL YEARS IN REAL PROPERTY TO BE USED TO CONTAIN STORM DRAINAGE WATERS AND RUN SAID WATERS TO A NATURAL AND HISTORICAL WATER COURSE BY USE OF AN EX- CAVATED DITCH WITHIN THE EASEMENT AREA, AND AUTHORIZING THE CITY ATTORNEY FOR THE CITY OF GILROY TO INSTITUTE PROCEEDINGS IN EMI- NENT DOMAIN. BASSED AND ADOPTED this 6th day of November, 1967, by the follow- ing vote: AYES: COUNCIL MEMBERS: Allemand, Duffin, Kennedy, Quartiroli, Silva, Wentworth, and Goodrich. NOES: COUNC I L MEMBERS: None ABSENT: COUNCIL MEMBERS: None Executive Personnel The Mayor requested adjournment to an Executive Per- .Session sonnel Session of the Council in regard to discussion of several prospects for appolntment to the recent vacancy on the Planning Comm i ss Ion.. At 10:40 p.m. motion was made Dy Councilman Duffin seconded by CouncIlman Wentworth and carried that the meeting adjourn to an Executive Personnel Session as requested by the Mayor. Reconvened At 11:00 p.m. the Council meeting was reconvened. Sewer ComMeet. The Mayor noted the Council Sewer Committee Hearing re:Hydraulic Meeting scheduled for November 7, 1967 - 7:30 p.m. in tl-e Council Study pro- Chambers to hear proposals for Hydraulic Study of the Sewerage posals Treatment Plant from the two Firms under consideration. Jt.Council-Per- The Joint Council-Personnel Commission Study Meeting sonnel Com. of November 14, 1967 - 7:30 p.m. in the Council Chambers was noted. ""'.... Meet. Council requested to be reminded of said meeting. ....... Civil Def.Meet. Assistant Director of Civil Defense Reinsch invited the Council to a Civil Defense Meeting on November 7, 1967 - 9:30 p.m. a.m. in the Council Chambers, noting that said meeting will be the first meeting under the new Civil Defense Plan. Adjournment At 11:01 p.m. the Mayor declared the meeting adjourned. Respectfully submitted,