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Minutes 1959/12/07 f00 - !~ lH Gilroy, California December 7, 1959 This regular monthly meeting of the Common Council is called to order by His Honor Sig Sanchez. Present: Councilmen Carl W. Pate, Courtland M. Rush, Kenn- eth L. Petersen, Everett C. Wentworth, Charles Gallo, and Wilford E. Jordan. The Mayor now asks if all Councilmen have received copies of the minutes of the regular monthly meeting of November 2nd, the regular adjourned meeting of November 16th, and the special meet- ing of November 27th. All Councilmen answer in the affirmative. The ~ayor now declares the minutes of the regular monthly meeting of November 2nd, the regular adjourned meeting of November 16, and the special meeting of November 27, 1959 approved. At this time there is a hearing on the rezoning of property east of the Southern Pacific Right of Way. The Mayor asks if there is anyone in the audience to speak for or against the proposed re- zoning. No one in the audience comes forward. The City Attorney ""'=.J -~-""" ",J (' l,~ '" 0017 planning consultant and that the County Plan be reviewed at a joint meeting of the Plannin~ Commission and the Council. Mr. Carr asks if the Council and Planning Commission are in agree- ment with the County Plan. The Mayor states that he believes that the general feeling is that they are in favor of it. Mr. Carr asks if the Council wish to proceed with Federal funds. The Mayor sug~ests that both phases be discussed with the Plan- ning Commission. Discussion is ham on the matter. Motion by Councilman Pate second by Councilman Jordan and carried that the Council hold a joint meeting with the Planning Commission and one or two representatives from the County Plannin~ Depart- ment for a general discussion and that the meeting be set ten- tatively for November 2)rd. A letter from the California National Guard is read regard- ing the scheduling of an armory for Gilroy and stating that the funds would not be available until 196). Councilmen Petersen and Jordan state that they are in favor of improving our jail facilities. Discussion is had on the matter. No action is taken. A letter from the County Executive's Office is read re- garding a program for South County Buildings. Chief Administra- tive Officer Carr gives a report on his attendance at the Board of Supervisors meeting this morning stating that the Board rec- ommended that territory from Day Road to Highland Avenue be considered. Mr. Carr reads the report on the location as sub- mitted by the County Planning Department. Discussion is had on this proposal. Chief Administrative Officer Carr is instructed to write Howard Campen stating that we are loking forward to meeting with the County. Motion by Councilman Pate second by Councilman Wentworth that the report of the County be placed on file. Motion is not voted upon. A letter is read from W. J. Hanna & Son requesting appro- val of the subdivision map of Eschenburg Park, Unit No. ) as accepted by the Planning Commission. Motion by Councilman Rush second by Councilman Pate and carried that the map of Eschen- burg Park, Unit No. 3 be approved and the necessary person authorized to sign the acceptance. City Clerk Carr reports that Poundmaster Weiss has request- ed leave of absence because of an injury. Motion by Councilman Rush second by Councilman Wentworth and carried that Bert Weiss be granted a leave of absence and that Mike McCandless be hired on a temporary basis as Poundmaster. A letter is read from E. E. Eustice regarding the possibi- lity of extended insurance coverage for building foundations, underground piping, etc. No action is taken. Recreation Director Reinsch gives a report on the Swim- ming Program. The Mayor states that there is room for improve- ment before the next years program begins. Water samples taken by the Santa Clara County Health De- partment on October 29th are read, are satisfactory, and are ordered fi led. Councilman Rush reports that the Gilroy Golf and Country Club has anticipated installation of a six inch water main and that $2,000.00 was budgeted for the project. He reports that at a recent Board of Director's meeting it was decided to req- uest an additional $412.52 as the project will cost $2,412.52. The Mayor states that the Golf Course should estimate future projects before the budget is prepared. Motion by Councilman Petersen second by Councilman Rush and carried that the request for an additional $412.52, be allowed for the golf course pro- ject. Councilman Pate reports that Wheeler HQspital Drive Com- mittee requests permission to erect a sign by the flag pole at the old City Hall building. Motion by Councilman Jordan second by Cnuncilman Wentworth and carried that Wheeler Hospital Drives Committee's request be granted. Councilman Pate gives a report of a recent Trafficways Committee meeting he attended. Cecil Reinsch reports that Ed Peterman Stated that City employees on City business in their own cars are not covered under the City's liability insurance policy, however the City is covered and that in City vehicles both parties are covered under the City's policy. 2018 presents and reads Ordinance No. 615. Motion by Councilm~nlPate second by Councilman Rush that Ordinance No. 615 be adopted. ~""'" ORDINANCE NO. 615 ORDINANCE OF THE CITY OF GILROY AMENDING ORDINANCE NO. 422 OF SAID CITY BY REZONING CERTAIN TERRITORY FROM ZONE "E" DISTRICT TO ZONE "D" DISTRICT, AND CERTAIN OTHER PROPERTY FROM ZONE "E" DISTRICT TO ZONE "B" DISTRICT. PASSED AND ADOPTED this 7th day of December, 1959, by the fol- lowing vote: AYES: COUNCILMEN: P~te,Rush,Petersen,Wentworth,Gallo,Jordan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ~ i I I "'. A letter is read from the Rascal's Club requesting use of the Gymkhana Grounds without charge for Midget Auto races. Chief Administrative Officer Carr reports that he discussed and examined the grounds with two members of the Rascal's Caub. Al Gutierrez, President of the Rascal's Club, reports that they will provide adequate insurance and take all the neeessary legal precautions when they become incorporated. Discussion is had on the matter of repairing the grounds for safety purposes. The M~yor sug- gests that the request of the Rascal's Club be granted if and when they become incorporated. Motion by Councilman Petersen second by Councilman Wentworth and carried that the Rascal's Club be granted use of the Gymkhana Grounds for Midget Auto races with the agreement that they repair the grounds for safety, have proper insurance, and that if the grounds are subject to sale they will relinquish them. A letter is read from Santa Clara County Survey Committee on Children and Youth requesting financial aid from the City of Gilroy for the county wide survey. The Mayor suggests that this matter be referred to the Finance Committee for further study. Motion by Councilman Jordan second by Councilman Wentworth and carried that this request be referred to the Finance Committee for study. A letter is read from Pasquale Filice requesting a permit to erect bill boards on the old Richmond Chase property on South Monterey Street. Director of Public Works Kludt explains the request and recommends that the permit be denied on the basis that one large sign on the side of the building be erected ins- tead of several small signs as requested. Motion by Councilman Wentworth second by Councilman Jordan and carried that Pasquale Filice's request to erect small bill board signs on the old Rich- mond Chase property be denied and that Director of Public Works Kludt approach Mr. Filice for erecting one large sign on the side of his building. Applications for an "off-sale beer and wine" license from Louise's Fruit Basket and for "on-sale beer" from Newton P. and Irene Barshaw for Pacheco Cafe, and for "on-sale beer" from Au- gustine and Mary Villalobos at Tree Berry's are read. Marshal Sturla reports that he has no objections to these applications. The Mayor reports that residents from the Miller Park area are present and asks them if they wish to present their problem. Charles Gotterba reports that he and Mr. Leland Frame are pre- sent and originally thought that they wished to protest the lo- cation of the restrooms in Miller Park but have decided at this time that they are satisfied with their location in the plan for~ improving Miller Park. Mr. Leland Frame reports that when the City connected the water on Miller Park they broke the pavement on the alley bet- ween Carmel and Princevalle Streets between First and Second Streets and it has never been repaired and the weeds are grow- ing there. This matter is referred to Director of Public Works Kludt. A letter is read from the Planning Commission recommending the Council to adopt the County Plan for Gilroy with certain ex- ceptions. The Mayor suggests that the Council adopt the plan in general. Motion by Councilman Jordan second by Councilman Pate and carried that the City of Gilroy accept the County Plan in general with no ultimatum as to where the freeway shall be located, but that it be understood that our preference is for an eastern location. Chief Administrative Officer Carr requests that the Council ~ """",,J r' 2030 set a date for a joint meeting of the Council, the Planning Com- mission and representatives from the County Planning Department to discuss the general plan for the Gilroy area, as previous dates were conflicting. Discussion is had on the matter. This meeting is postponed until after the holidays. The Mayor reports that Howard Weichert has stated that the Board of Supervisors would like to meet with the Council concerning the location of County buildings. The Mayor instructs Chief Administrative Officer Carr to request this meeting for Decem- ber 15th or 16th preferably December 16th. ~ The City Attorney presents and reads specifications for com- prehensive liability and auto insurance and requests approval of ~ the specifications and authority to advertise for bids. Motion by Councilman Rush second by Councilman Pate and carried that the City Attorney's specifications be approved and that he advertise and that the date for the opening of the bids be set for Decem- ber 21, 1959. Councilman Pate brings up the matter of coverage for em- ployees using their own vehicles on City business. Discussion is had on the matter. It is decided that employees use city ve- hicles whenever possible. A letter is read from City Engineer Hanna Jr. recommending that improvements in Park Meadows Unit No.2 be accepted. The City Attorney presents and reads Resolution No. 550. Motion by Councilman Wentworth second by Councilman Petersen that Resolution No. 550 be adopted. RESOLUTION NO. 550 RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF GILROY DETERMIR- ING THAT PROVISIONS OF THE AGREEMENT BETWEEN THE OWNERS OR SUB- ' DIVIDERS OF PARK MEADOWS UNIT NO. 2 SUBDIVISION AND THE CITY OF GILROY RELATING TO THE CONSTRUCTION AND INSTALLATION OF IMPROVE- MENTS HAVE BEEN COMPLETED END THAT BOND IS EXONERATED. PASSED AND ADOPTED this 7th day of December, 1959, by the fol- lowing vote: AYES: COUNCILMEN: Pate,Rush,Petersen,Wentworth,Gallo,Jordan. NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None /11IIIII ..... A letter is read from Director of Public Works Kludt recom- mending that Morris Whiting be advanced to the next step in the salary range. Motion by Councilman Wentworth second by Council- man Petersen and carried that Morris Whiting be advanced to the next step in the salary range. Chief Administrative Officer Carr recommends that Peggy Goodrich be advanced to the next step in the salary range. Mo- tion by Councilman Rush second by Councilman Pate and carried that Peggy Goodrich be advanced to the next step in the salary range. Chief Administrative Officer Carr recommends that Section 3.25 of the Subdivision Ordinance be amended regarding the inst- allation of water services in subdivisions. Mr. Carr explains the matter. Discussion is had. The Mayor refers this matter to the Water Committee for study and a report at the next meeting. A letter is read from the Bay Area Air Pollution Control District asking the Council to adopt a resolution requesting the Governor to call a special session of the legislature and ask- ing legislation to control exhaust fumes from moving vehicles. Councilman Petersen suggests that we cooperate with the Air Pol- lution District. The Mayor instructs Chief Administrative Off- icer Carr to prepare a resolution on this matter. A letter is "read from the County Executive's Office regard- ing the location of County buildings. No action is taken as a meeting has already been tentatively scheduled for December 15th or 16th earlier in the meeting. The City Attorney reports that he is still investigating the matter of storage and use of explosives, preparatory to drawing a proper ordinance. Reports of the Building Inspector, Police Department, Pound- master, and City Officers are presented and read. Motion by Councilman Rush second by Councilman Pate and carried that these reports be accepted as read. .., J ) / 2021 Water samples taken by the Santa Clara County Health De- partment on November 19th are read and are satisfactory. Mayor Sanchez reports that he received a complaint that on December 6th the Christmas tree was not lighted. Marshal Sturla reports that he doesn't know why Sergeant Piedmont failed to turn the lights on. The Mayor reports that Stoke ley-Van Camp, Inc. would like an extension of their lease at the Sewer Farm. No action is taken as it is believed that the present lease does not expire for two or three years. Chief Administrative Offiter Carr is asked about the pro- gress made in the process of submitting the new charter to the legislature. The City Attorney reports that he will follow up on the matter as a Resolution must accompany the charter when it comes up before the Legislature. The Mayor instructs the City Attorney to take care of this matter. Motion by Councilman Pate second by Councilman Wentworth and carried that the bills as presented be accepted and war- rants drawn on the Treasurer. Chief Administrative Officer Carr reports that the un- official population estimate was given by telephone as 6,920 .by the Department of Finance. Motion by Councilman Pate second by Councilman Jordan that Chief Administrative Officer Carr be authorized to give all City employees a gift of $10.00 for Christmas. Councilman Petersen reports that the swamp area at the Golf Course can be corrected if one ditch is closed and the water diverted. Director of Public Works Kludt explains the situation by a diagram. Motion by Councilman Jordan second by Councilman Wentworth and carried that the City proceed with correcting the flood area at the Golf Course as explain- ed by Director of Public Works Kludt. Director of Public Works Kludt reports that there is a possibility of eliminating th~by-pass line altogether next year. Mayor Sanchez reports that Assistant Director of Civil Defense had an impressive Civil Defense meeting today op Civ- il Defense Day. Purchasing Agent Reinsch reports that he received noti- fication from San Jose that the City of Gilroy now has a li- cense to operate radio equipment for Public Works vehicles. The City Attorney asks Chief Administrative Officer Carr if he had received a report from the Boundary Commission on the Sewer Farm annexation No.2. Mr. Carr reports that the Coundary Commission met today and he has not received any of- ficial report from them. Motion by Councilman Pate second by Councilman Rush and carried that this meeting adjourn to December 21, 1959, at 8:00 p.m., Councilm Chambers, City Hall, Gilroy, California. ~~ {J~/ , City Clerk