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Minutes 1968/03/18 0780 Roll Call Minutes Gilroy, California March 18, 1968 The Regular 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: John E. Allemand, George T. Duffin, Mark E. Kennedy, Charles F. Quartiroli, Anthony C. Silva, and Norman B. Goodrich. Absent: Council Member: Everett C. Wentworth The Minutes of the Regular Meeting- of March 4, 1968 were approved as mailed and recorded. 2781 Certificate of Service re: Commissions The Mayor presented a Certificate of Service to Dr. H. Halvorsen, recently resigned from the Library & Culture Com- mission. The Mayor noted that a Certificate of Service was available for Mr. James Thorpe, not present in the audience, for his recent resignation from the Parks & Recreation Commission. Bids re: Imp.68-1 Forest St. Director of Public Works Henry Reported on bids re- ceived for the Forest Street Improvement Project 68-1 Contract, opened Wednesday, March 13, 1968 at 2:00 p.m. He noted the following: 1. Granite Construction Company - $58,900.00; 2. Samuel R. Spencer - $52,785.30; 3. A.J. Raisch Paving Company - ~54,774.55; and 4. George C. Renz Construction Company - $62,849.00. ...... .... Pub.Hear. re: The Mayor announced that this was the time and pace of Forest St. Imp.hearing on the Engineer's Report and Resolution No. 1234 of Pre- 68-1 liminary Determination and of Intention. The City Clerk presented and read two (2) letters from property owners within the pro- posed district objecting to a portion of installation of side- walks within said district. All written protests were read and considered by the Council and ordered filed. The Mayor asked if there was anyone present desiring to be heard and all those wishing to speak were given an opportunity. Mr. Jerry Bracco and Mr. Tom B. Mangano, addressed the Council respectively, objecting to installation of sidewalks adjacent to their property within said proposed assessment district. Discussion was had. After due consideration of all written and oral pro- tests, motion was made by Councilman Duffin seconded by Council- man Kennedy and carried that the hearing be ordered closed. ~>>- .~. Mr. Phil Assaf, Bonding Attorney, addressed the Council in regard to the legal procedures required for elimination of side- walk at certain locations within the district. Motion was made by Councilman Duffin seconded by Councilman Allemand and carried that sidewalks on Parcels 3-7 be deleted. ......- Resolution No. 1245, A Resolution Overruling Protests on Resolution No. 1234 of Preliminary Determination and of In- tention, was read. On motion of Councilman Allemand seconded by Councilman Kennedy, and unanimously carried, said Resolution was adopted. RESOLUTION NO. 1245 A RESOLUTION OVERRULING PROTESTS ON RESOLUTION NO. 1234 OF PRE- LIMINARY DETERMINATION AND OF I~TENTION - FOREST STREET IMPROVE- MENT D I STR I CT - PROJECT .NO. 1968-1. PASSED AND ADOPTED this 18th day of March, 1968, by the follow- ing vote: < AYES: COUNCIL MEMBERS: Allemand, Duffin, Kennedy, Quartiroli, Silva, and Goodrich. COUNCIL MEMBERS: None COUNCIL MEMBERS: Wentworth NOES: ABSENT: -"'" Resolution No. 1246, A Resolution Ordering Reduction of Assessments, was read. On motion of Councilman Kennedy, seconded by Councilman Silva, and unanimously carried, said Resolution was adopted. ...... RESOLUTION NO. 1246 A RESOLUTION ORDERING REDUCTION OF ASSESSMENTS - PROVEMENT DISTRICT - PROJECT NO. 1968-1. PASSED AND ADOPTED this 18th day of March, 1968, vote: AYES: FOREST STREET IM- by the following NOES: ABSENT: COUNCIL MEMBERS: Allemand, Duffin, Kennedy, Quartiroli, Silva, and Goodrich. COUNCIL MEMBERS:;,None COUNCIL MEMBERS: Wentworth Resolution No. 1247, A Resolution Determining COnvenience Necessity, Adopting Engineer's Report,< Confirming Assessment Ordering Work and Acquisitions, was read. On motion of Council- and and oJ !~ () () ( ,,,,\ . , - '../ 4.- man Duffin, seconded by Councilman Silva, and unanimously carried, said Resolution was adopted. RESOLUTION NO. 1247 ION ORDERING REDUCTION OF ASSESSMENT PROVEMENT STRICT - PROJECT NO. 1968-1. PASSED AND A TED this 18th day of Mar by the following vote: -'-" , AYES: COUNCIL M~RS: Allema!J.d;,,'Duffin, Kennedy,Quartiroli, Silva, "'.... iiCnd. odrich. NOES: COUNC I L MEMBERS;' e . ABSENT: COUNCIL MEMBERS:-Wen ~th No/1247, A Resol~li~ Determining Convenience and ting Engineer1s Repor Conforming Assessment and Ordering Wo and Acquisitions, was rea. On motion of Council- man Duffin, conded by Councilman Silva, and un . ously carried, said Resol tion was adopted. ..... ...... RESOLUTION NO. 1247 A RESOLUTION DETERMINING CONVENlENCE AND NECESSITY, ADOPTING ENGINEER'S REPORT, CONFIRMING ASSESSMENT AND ORDERING WORK AND ACQUISITIONS - FOREST STREET IMPROVEMENT DISTRICT - PROJECT NO. 1968-1. PASSED AND ADOPTED this 18th day of March, 1968, by the following vote: AYES: COUNCIL MEMBERS: Allemand, Duffin, Kennedy,Quartiroli, and Goodrich. None Wentworth. S i 1 va , NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBER: The Engineer reported the following bids were received on the work in the above project: NAME AMOUNT ~ Samuel R. Spencer A.J. Raisch Paving Co. Grantte Construction Co. Geooge C. Renz Construction Co. $52,785.30 $54,774.55 $58,900.00 $62,849.00 ..... The Engineer also noted that the Engineer's estimate for said project was $55,130.00 Resolution No. 1248, A Resolution of Award of Contract, was read. On motion of Councilman Duffin, seconded by Councilman Allemand, and unanimously carried, said Resolution was adopted. RESOLUTION NO. 1248 A RESOLUTION OF AWARD OF CONTRACT - FOREST STREET IMPROVEMENT DIS- TRICT - PROJECT NO. 1968-1 PASSED AND ADOPTED this 18th day of March, 1968, by the following vote: AYES: COUNCIL MEMBERS: Al1emand,Duffin,Kennedy,Quartiroli, Silva and Goodrich. None Wentworth NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBER: Resolution No. 1249, A Resolution Designating Collection Officer, was read. On motion of Councilman Kennedy, seconded by Councilman Allemand, and unanimously carried, said Resolution was adopted. - -- RESOLUTION NO. 1249 A RESOLUTION DESIGNATING COLLECTION MENT DISTRICT - PROJECT NO. 1968-1. PASSED AND ADOPTED this 18th day of vote: AYES: OFFICER - FOREST STREET IMPROVE- March, 1968, by the following COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Allemand,Duffin, Kennedy,Quartiroli ,Silva, and Goodrich. None Wen tworth ,..... Li brary & Culture Com. Appointment ... P. & R. Com. appointment ."..."..,~ Elks' Lodge bldg.site ...... 2788 The Mayor and City Engineer thanked the property owners present in the audience for cooperation in formation of the Forest Street Improvement District. The Mayor deviated from the regular Agenda in order to accomodate those persons in the audience scheduled 'for presentations at this Council Meeting. The Mayor recommended Mrs. Vance Baldwin as Library & Cu 1 ture Comm i ss i oner to f i 11 the unexp i'red term of Dr. Ha 1 vorsen, 1-1-69. Motion was made by Councilman Kennedy seconded by Council- man Duffin and carried that Mrs. Vance Baldwin be appointed Library & Culture Commissioner to fill the unexpired term of Dr. Halvorsen, 1-1-69. The Mayor presented a letter from inte~ested citizens recommending appointment of Mr. John Vasquez to the Parks & Recrea- tion Commission tofill the unexpired term of Mr. James'Thorpe, 1-1-71. The Mayor noted that the Parks & Recreation Commission had recommended the appointment of Mr. Robert Stanley for Commissioner to fill said vacancy on the P. & R. Commission. Councilman Kennedy suggested the appointment of Mr. Dick Gomer for said vacancy. Mr. Julian Garcia and Mr. Fred Foreman addressed the Council, respectively, and noted qualifications of Mr. John Vasquez. Discussion was had. Motion was made by Councilman Allemand seconded by Councilman Kennedy and carried that Mr. Robert Stanley be appointed Parks & Recreation Commissioner to fill the unexpired term of Mr. James Thorpe, 1-1-71. City Administrator Wood reported on excavation of dirt problem at the Elks' Lodge Building site. Discussion was had. Councilman Kennedy, Chairman of the Council Committee for the Elks' Lodge proposed building, 'reported on a possible solution to said problem. Mr. John Klarich, Elks' Building Committee Chairman, ad- dressed the Council, and noted that the Contractor is willing to place the dirt in an area and location required by the City at the City's specifications and direction, at no cost to the City. The Mayor instructed the C,ity Engineer to meet at said site with George C. Renz Construction Company, Contractor for the Elks' Lodge, to resolve placement of the dirt problem at the City's specifications. Motion was made by Councilman Duffin seconded by Council- man Silva and carried that the recommendation of the City's Council Committee regarding the Elks' Lodge Building site be accepted as presented by Chairman, Councilman Kennedy. Damage Claim re: City Administrator Wood presented and read Damage Claims Smith from Friend Leroy Smith and Nelda M. Smith. Motion was made by Counci lman Kennedy seconded by C-ounci lman Duffin and carried that said claims be denied and referred to the City Attorney and local Insurance Carrier. ...... Plan. Com. 3/7/68 .... Final ap- proval- Loma Orchard : #1 , Report Secretary of the Planning Commission Henry, presented and exp 1 a i ned the Report of the PI ann i ng Commi ss ion Meet i ng of 3/7/68 regarding the Commission's denial of a Conditional Use Permit to operate a self-service station at 575-lst St., Gilroy, from W.B. Starritt; ,granted a conditional use permit to Mr. R.W.Young to construct a new service station at the northeast corner of the proposed intersection of Tenth '& Chestnut Streets subject to sub- mission of architectural and landscaping plans prior to issuance of a building permi~ for same; recommeded approval of the final map of Tract #4466 IILoma Orchard'l Un it #1 on property of John Stelling located at the south side of Sixth Street. Motion was made by Councilman 'Duffin seconded by Councilman Silva and carried that said final map of Tract #4466 "Loma Orchard" Unit #1 be ap- proved subject to execution of the Development Agreement for said subdivision. The Planning Commission Report further recommended 0'784 Final ap- proval- Garden Es- tates #2 Sewer Treat- ment Study Res.#1250 re:Fed. Grant for Sewer Faci- 1 it i es Res.#1251 re: Sewer Study Report approval of the final map of Tract #4439 "Garden Estates" Unit #2 on Wilfred Gong property located on South Church Street. Motion was made by Councilman Quartiroli seconded by Councilman Kennedy and carried that the final map of Tract #4439 IIGarden Estates" Unit #2 be approved subject to execution of the Development Agree- ment for said subdivision. The Planning Commission Report further noted Planning Commission approval of the tentative map of Munson Subdivision, Unit #1 located on thewest side of Miller Avenue, subject to change in Sixth Street.width to an 86 foot street and alteration of lots 5 and 6; further informing Council of denying approval of the tentative map for 66 lots on the west side of Wren Avenue, submitted by El ison Homes due to the possibi 1 ity of Welburn Avenue widening and notice that subdivider 'was instructed to con- tact Planning Consultant, Mr. Warren Jones, for a possible solu- tion to the change in the street;'alignment proposed for said sub- division. .... - The Mayor deviated from the Agenda in order to hear an explanat)onof the Report of Consoer Townsend & Associates in regard to the Sewer Treatment Study. Mr. Richard Foss, and Mr. L. Carl Harris, representatives of Consoer Townsend, addressed the Council and explained said Sewer Treatment Plant Hydraulic Study as presented previously,to each Council-Member. Discussion was had on same. Motion was made by Councilman Quartiroli seconded by by Councilman Silva and carried that Resolution No. 1250 be adopted authorizing the City Administrator to file an application for a Federal Grant under Public Law #660. RESOLUTION NO. 1250 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AUTHORIZING THE CITY ADMINISTRATOR TO, EXECUTE ALL NECESSARY DOCUMENTS, AND TO APPLY FOR AND ACCEPT ON BEHALF OF THE CITY OF GILROY, A FEDERAL GRANT, - UNDER THE FEDERAL WATER PLLUTION CONTROL ACT, IN CONNECTION WITH AND FOR THE CONSTRUCTION OF WATER POLLUTION CONTROL PLANT IMPROVE- MENTS, 1968. PASSED AND ADOPTED this 18th day of March, 1968, by the following vote: AYES: ~ .... COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBER: Allemand, Duffin,Kennedy, and Goodrich. None Wentworth Quartiroli, Silva, Motion was made by Councilman Quartiroli seconded by Councilman Silva and carried that Resolution No. 1251 be adopted accepting the Sewer Treatment Study Report of Consoer Townsend & Associates. RESOLUTION NO. 1251 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING THE ENG- INEERING REPORT ON WATER POLLUTION CONTROL FACILITIES OF MARCH, 1968. PASSED AND ADOPTED this 18th day of March, 1968, by the following vote: AYES: COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBER: Allemand, S i Iv a and None Wen twor th Duffin,Kennedy,Quartiroli, Goodrich. .... Water Pressuriza- Mr. Harvey Hunt and Mr. Robert Zumstein, representatives, tion Project of John Carollo Engineers, addres'sed the Council and presented and explained plans and specifications for the proposed Water Pres- surization PrCbject. Discussion was had on, same. Motion was made by Councilman Allemand seconded'by Councilman Silva and carried that the pdans and specifications for the Water Pressurization Project as presented b~ accepted and that the call for bids be ordered for April 15, 1968 at 3:00 p.m. Lib.&Culture Meet. 2/6/68 ........ City Administrator Wood presented a Report of the Library and Culture Commission Meeting of February 6, 1968. The proposed plans in regard to the City Library Merger with Santa Clara County Library were noted as informational. -+- lJIpntJil)'I Report 2/68 Disbursements 2785 City Administrator Wood presented the Summary of Monthly Reports of February, 1968, and same was ordered fjled. City Administrator Wood presented the Report of Disburse- ments from February 11, 1968 to March 10, 1968. Same were dis- cussed and ordered filed. Salary Increases City Administrator Wood presented and recommended Merit Step Salary Increases to become effective 4-1-68 for the follow~ ing employees: John L. Hays and Robert M. Gummow, Police Cadets, Range 14, from Step IIBI1 $351. to Step "C" $360.; E. John Arde<, Patrolman, Range 24, from Step "B" $573. to Step "C" $602.; Elaine C. Codiga, Clerk-Typist, Range 17, from Step "A", $387. to Step IIB" $407.; Pedro Altamariano, Utility Man, Range 20, from Step "D" $520. to Step "E" $546.; and William Alexander, Fireman-Engineer, Range 23, from: Step "B" $546. to Step "C" $573. Moti ont,was made by Councilman Allemand seconded by Councilman Kennedy and carried that the Merit Increases as recommended be allowed. -.,."",.,,ifi Budget Amend. re: 18B6 City Administrator Wood presented a recommendation to amend the 1967-68 Budget to increase Account 18B6 in the amount of $600.00 for County Civil Defense Services. Motion was made by Councilman Kennedy seconded by Councilman Allemand and carried that the 1967-68 Budget be amended to increase Account 18B6 in the amount of $600.00. Gasoline Contract City Administrator Wood requested authroization to exe- cute the Ga~oline Contract from February 1, 1908 to January 31, 1969. Motion was made by Councilman Silva seconded by Councilman Allemand and carried that the Gasolin~ Contract with the County of Santa Clara be approved and that same be executed. Water Samples Garbage Dump! outside city 1 imi t users City Administrator Wood presented a Report of satisfactory water Samples to March 5, 1968 taken by the Santa Clara County Health Department. Same were ordered filed. re: City Administrator Wood presented a Report on the Gilroy Garbage Dump Use for the month of Feb~uary, 1968 and recommended an increase in rates for outside of City Limit Users and suggested splitting said fees between the City and the Garbage Company. Discussion was had. The Mayor instructed Staff to discuss the proposed rate increase for outside of City Limit Users and possi- bility of splitting said fees, and that the necessary ordinance be prepared to include said increase rates. - Water Agreements re: City Administrator Wood reported on the Kern Avenue Kern Ave. Water Agreements and noted a letter from Air-O-Fan Products Corp., objecting to full payment of the development fees and allowing the Drive-In Theatre to pay for meter installation only at this time. Discussion was had. Council instructed Staff to include in the proposed agreement with the Drive-In Theatre that the Development fees for the water line installation must be paid within 10 years whether or not said property is re-developed, noting that this would assure Air-O-Fan Products of being fully reimbursed for their advance to this project. ....,---4j Prop.Ord.re: abandoned Vehicles Housing Auth- ority Com. appointment The City Attorney presented and explained a proposed ordinance in regard to Abandonea Vehicles. Discussion was had. The Mayor referred the proposed ordinance to Chief of Police Laizure and the City Attorney ,to further study same and present to the Council at a later date. The Mayor noted the necessity of appointment of a Housing Authority Commissioner to fill Fred Sanchez's term expiring 4/l/68. The Mayor table~ same to the next regular Counci 1 meeting in order for suggest..-ions on this appointment from Counci lmen. ')786 Plan. Pol icy Com. Meet. The Notice of the Spec.ial Planning Policy Committee Meet- ing of March' 28~ '1968 - 7:30 p.m. regarding their Work Program was noted. Plan.PolicyCom. The-Minutes of the Planning Policy Committee Meeting of Meet. 1/25/68 January 25, 1968 were noted. Exec.Com.Plan. Com. Meet. The Minutes of the Executive Comm.ittee of the Planning Pol icy Committee Meeting of January 25, 1968 were noted. - Minutes S.C. Co. The Minutes of the County of Santa Clara Transportation Trans.Policy Policy Committee Meeting of February 14, 1968 were noted. Inter-City Assessment ... Council A letter from the Inter-City Council in regard to a Special Assessment to Publicize Findings of the Planning Policy Committee was presented and explained further by the Mayor. Motion was made by Councilman Quartiroli seconded by Councilman Silva and carried that the $150.00 assessment requested by the Inter-City Council be authorized. Res.re:"Decency A Resolution from the Los Angeles County Board of Super- Week" visors was noted and filed in regard to "Decency Week". Foley & Burke Shows Amuse- ment rides P. G. &E. re: St. Li ght ext.brackets General Plan Study Commendat i on letter re: P. D. City Administrator Wood presented a request of Foley & Burke Shows for permission to conduct Amusement Rides and Con- cessions on May 22~26, 1968 at the Plaza Shopping Center. Dis- cussionwas: had. .Mr.'Midge Chiesa, owner of Plaza Shopping Center, addressed the Council and noted that the dates of the proposed Rides and Concessions could be scheduled at the Councils' discre- tion. Motion was made by Councilman Quartiroli seconded by Coun- cilman Silva and carried that the request of Foley & Burke Shows for M~y 22~26, 1968 be denied and that Staff be instructed to in- form them that said requested dates are too near the scheduled Community Bonanza Day Celebration, and that they may request same for different dates. - ...... A letter from Pacific Gas & Electric Company in regard to Street Light Extension Brackets was noted, for information. A letter from Duncan & Jones was noted in regard to the General Plan Schedule. Planning Commission Representative Stephen- son addressed the Council and noted that said schedule had been changed to allow for additional work study sessions with the Planning Commission. A letter from Mr. E. Sousa and Mr. M. Ch~esa was pre- sented and read in regard to the Gilroy Police Department and staffing regarding a recent burglary at Plaza Shopping Center. Mr. Midge Chiesa, addressed the Council and further commented on the recent burglary and proposed meeting with local businesses in regard to a possible solution to said problem. Th~ Mayor noted that he intended to attend a Police C'onference on April 3, 1968 in regard to Police Personnel turn-over, and that same might be help- ful regarding said police problem. - ....... Bay Co. Peace Off. The Memo from the Bay County Peace Officers' Association Ass'n et al in regard to the Meeting for Mayors, Councilmen and Staff on April 3, 1968 was presented. Mayor Goodrich, Police Chief Laizure and Councilman Silva noted that they planned to attend said mee tin g. I.F.D.E.S. Fiesta City Administrator Wood presented a letter request of the Portuguese Lodge I.F.D.E.S. for their annual Parade and Fiesta on May 17-19, 1968. Council had no objection to this annual 2787 celebration, and authorized Staff to so inform said organization of approval of their requesL Carnival Permit re: Jr. Chamber of Com. f#""""\ .~ Golf Course re: 4th Tee Patrolman appointment Luche ssa Ave. proj.67-2 .'--'''- City Administrator Wood presented a request of the Gilroy Jun i or Chamber of Commerce for a. Carn i va 1 Perm it on September 25- 29, J966 and reqiest t~at tbe JLcemse fee fpr sa~e be a~ilfed tp expenditures for the Children's Area at Christmas Hill Park. Motion was made by Councilman Kennedy seconded by Councilman Silva and carried that the request of the Gilroy Junior Chamber of Commerce for a Carnival License for September 25-29, 196E~be ap- proved noting that the license fee would be required for depositing in the General Fund and that the request for the City's contribu- tion to Christmas Hill Park expenditures for the same amount would be derived from P. & R. Funds. City Administrator Wood noted the Hazardous condition on the 4th Tee at the Gilroy Golf & Country Club. Council requested Staff to arrange a Council Advisory Committee meeting with Golf Course Board of Directors and Council Committee (Duffin,Kennedy & Wentworth) to discuss same. City Administrator Wood noted the recent appointment of Gary Lester to the Gilroy Police Department as Patrolman. City Administrator Wood requested permission to close the land escrow in regard to Luchessa Avenue Improvement Project 67-2 in the total amount of a $35,080.00 settlement. Motion was made by Councilman Duffin seconded by Councilman Silva and carried tBat Staff be authorized to close the land escrow as requested for Luchessa Avenue Improvement Project 67-2 in the amount of a $35,080.00 settlement. ..... Air=Safety Conf. The Mayor noted the Air-Safety Conference scheduled for March 22, 1968 in San Francisco sponsored by Congressman Gubser. Northwood Sub. ceremony City Administrator Wood noted the Ribbon Cutting Ceremony at Northwood Subdivision, Bollenbacker & Kelton, scheduled for 11:30 a.m. on Wednesday, March 20, 1968 to be followed by lunch. Mayor Goodrich, Councilman Kennedy and the City Attorney indicated that they planned to attend same. Councilman Kennedy noted that he would be unable to attend the luncheon. S.Church St. ext. A meeting with Gavilan College Officials and County meeting Board of Supervisor"Sanchez was noted, scheduled for March 21, 1968 at 10:00 a.m. in regard to the proposed extension of South Church Street to Gavilan College site. Adj ou rnmen t ....,"..... At 11:45 p.m. the Mayor adjourned the meeting. Respectfully submitted, / d2.IfiJaA>>t.lJ City Clerk ~A~ , 0