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Minutes 1963/08/19 :) b) 0 R ~; ~: ~J ~.~. Gilroy, Cal ifornia August 19, 1963 This regular monthly meeting is called to order by Mayor Protempore Wilford E. Jordan at 8:00 p.m. The Mayor Protempore calls on Mr. Begovich, Manager of the California Automobile Association in San Jose. Mr. Begovich addresses the Council and presents Mayor Protempore Jor- dan with a pedestrian Safety Citation to the City of Gilroy on behalf of the California Automobile Association. The Mayor Protempore thanks Mr. Begovich for the safety citation. Present: Council Members: George T. Duffin, Chester R. Eckard, Norman B. Goodrich, Wilford E. Jordan, and Everett C. Wentworth. Absent: Council Members: Charles F. Quartiroli and Kenneth L. Petersen. City Administrator Carr introduces Patrolmen Michael Elder and James Smith recently appornted to the Gilroy Police Department. Councilman Quartlroli enters and takes his seat at the Council table. The Mayor Protempore asks for the bids for reconstruction and paving of Church Street from Eighth to Tenth Streets. The City Engineer opens the bids and they read as follows: I - Granite Construction Company - $12,508.56; 2 - George C. Renz Construction Company - $12,682.29. City Engineer Hanna Jr. states that his estimate for this project was $13,424.00 or $14,766.00 including the 10% contingencies. The bid of Granite Construction Company is referred to the City Attorney for checking. City Administrator Carr reports that there is a problem of curbing protruding into the existing street on the Church Street project caused by preserving of the trees formerly at this location. He states that 50 feet of curbing will have to be removed and replaced. Director of Publ ic Works Kludt submits an estimate of $520.00 from George C. Renz Construction Company which includes replacing the curb and removal of 2 tree stumps and I tree. He states that $200.00 may be deducted from the estimate if the City does the tree removal. He also states that the City can do the tree removal for approximately $75.00. Discussion is had regarding the estimate of $3.20 per ft. which figures $160.00 instead of the quoted estimate of $320.00. Motion by Counci Iman Goodrich second by Councilman Quartiroli and carried that the Administrative Staff investigate the estimated figures of Renz Construction Company and decide who is to do the work on the project of curbing and that the City do the tree removal work. The City Attorney reports that the bid of Granite Construction Co.m- pany for paving is in order. Motion by Councilman Eckard second by Councilman Duffin and carried that the bid of Granite Construction Company in the amount of $12,508.56 be awarded. The Mayor Protempore states that this is the time and place for the publ ic hearing on the proposed official plan I ines for Third Street from Santa Theresa Drive to Westwood Acres. The Mayor Protempore asks if anyone in the audience has any comment on the proposal. There is no comment from the audience. Motion by Councilman Goodrich second by Councilman Quartiroli and carried that this Public Hearing be closed. The City Attorney presents and reads a proposed ordinance adopting official plan lines on Third Street from Santa Theresa Drive to Westwood Acres. Motion by Councilman Goodrich second by Councilman Quartiroli and carried that the ordinance be introduced and published by title and summary. The Mayor Protempore states that this is the time and place forthe publ ic hearing for adopting official plan lines on Church Street from Tenth Street to Thomas Road. The Mayor Protempore asks if anyone in the audience wishes to speak for or against the proposal. Mr. Robert Kishimura addresses the Council and asks if Church Street is extended at Tenth Street when would the City purchase the property at this location? The City Administrator requests permission to discuss this matter with Mr. Kishimura at a later date. Motion by Counci Iman Goodrich second by Councilman Wentworth and carried that this public hearing be closed. The City Attorney presents and reads a proposed ordinance adopting b)99 official plan lines for Church Street from Tenth Street to Thomas Road. Motion by Councilman Goodrich second by Councilman Quartiroli and carried that the proposed ordinance be introduced and published by title and summary. Th~ Mayor Protempore states that this is the time and place for the public hearing on the proposed new Zoning Ordinance. He asks if anyone in the audience wishes to speak for or against the proposal. There is no comment from anyone in the audience~ Motion by Councilman Eckard second by Councilman Wentworth and ca~ ried that this Public Hearing be closed. The City Attorney presents the proposed Zoning Ordinance. Motion by Councilman Eckard second by Councilman Wentworth and ca~ ried that the proposed ordinance be introduced, the reading waived and that it be published by title and summary. Nestor Barrett, Planning Consultant, addresses the Council and reports that the codes referred to in the proposed Zoning Ordinance be adopted at the public hearing and at the same time adopt the new zoning ordinance. The City Attorney presents Resolution No. 778A setting the public hearing date on the codes referred to in the Zoning Ordinance. Motion by Councilman Goodrich second by Councilman Duffin that Resolution No. 778A be adopted. RESOLUTION NO. 778A RESOLUTION FIXING TIME AND PLACE OF HEARING OF THE PROPOSED NEW ZONING ORDIN- ANCE FOR THE CITY OF GILROY WHICH ORDINANCE INCLUDES THREE CODES TO BE ADOPTED BY REFERENCE DESIGNATED AS: (a.)"AMERICAN STANDARD SOUND LEVEL METERS FOR MEASUREMENT OF NOISE AND OTHER SOUNDS, Z 24.3-1944, AMERICAN STANDARD ASSOCIA- TION, INC., NEW YORK, N. Y.II; IIAMERICAN STANDARD SPECIFICATIONS FOR AN OCTAVE BAND FILTER SET FOR THE ANALYSIS OF NOISE AND OTHER SOUND, Z 24.10-1953, AMERI- CAN STANDARDS ASSOCIATION, INC., NEW YO,RK, N.Y.II; (b) "STANDARD RINGLEMANN ' SMOKE CHART, INFORMATION CIRCULAR 7718, AS ISSUED BY THE UNITED STATES BUREAU OF MINES, AUGUST, 1955.11 (c.) .ODOR THRESHOLDS,' IN CHAPTER 13, lAIR POLLUTION ABATEMENT MANUEL', COPYRIGHT 1951 BY MANUFACTURING CHEMISTSI ASSOCIATION, WASHINGTON, D.C.'I PASSED AND ADOPTED this 19th day of August, 1963, by the following vote: AYES: COUNCIL MEMBERS: Duffin,Eckard,Goodrich,Jordan,Quartirol i, and Wentwor th. COUNCIL MEMBERS: None COUNCIL MEMBERS: Petersen NOES: ABS ENT: City Administrator Carr explains the procedure necessary to relin- quish Leavesley Road for improvements. He presents and reads Resolution No. 779. Motion by Councilman Wentworth second by Counci Iman Goodrich that Resolution No. 779 be adopted. RESOLUTION NO. 779 RESOLUTION OF THE CITY OF GILROY CONSENTING TO THE RELINQUISHMENT OF A CERTAIN CITY STREET AS A COUNTY HIGHWAY FOR CONSTRUCTION UNDER THE 1961 COUNTY HIGHWAY BOND PROGRAM. PASSED AND ADOPTED this 19th day of August, 1963, by the following vote: AYES: COUNCIL MEMBERS: Duffin,Eckard,Goodrich,Jordan,Quartiroli,& Wentworth. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Petersen. City Administrator Carr presents Ordinance No. 703 allowing right angle billboards in the City of Gilroy, previously read at the last Council meeting. Motion by Councilman Goodrich second by Councilman Wentworth that Ordinance No. 703 be adopted. ORDINANCE NO. 703 ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 3.11 OF THE GILROY CITY CODE BY ELIMINATING THE PROVISION NOW IN SAID SECTION REQUIRING BILLBOARDS OR OTHER BOARDS USED FOR ADVERTISING PURPOSES TO BE ERECTED ON LINES PARALLEL WITH THE NEAREST STREET. PASSED AND ADOPTED this 19th day of August, 1963, by the following vote: AYES: COUNCIL MEMBERS: Duffin,Eckard,Goodrich,Jordan,Quartiroli, and Wentworth. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Petersen. 2:300 City Administrator Carr presents Ordinance No. 704 previously read at the last Council meeting. Motion by Councilman Quartiroli second by Councilman Wentworth that Ordinance No. 704 be adopted. ORDINANCE NO. 704 AN ORDINANCE OF THE CITY OF GILROY AMENDING SEC. 6.1 OF THE GILROY CITY CODE BY MAKING THE EXCEPTION FOUND IN SEC. 1704 OF THE UNIFORM BUILDING CODE APPLI- CABLE TO FIRE ZONES NUMBER TWO AND THREE UNDER CERTAIN CONDITIONS. PASSED AND ADOPTED this 19th day of August, 1963, by the following vote: AYES: COUNCIL MEMBERS: Duffin,Eckard,Goodrich,Jordan,Quartirol i, and Went- wor th . NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Petersen. Discussion is had regarding the possibility of using a new asbestos shake on roofs thus eliminating the sprinkler system as provided for in Ordin- ance No. 704. The City Attorney presents and reads Ordinance No. 705. Motion by Councilman Duffin second by Councilman Quartiroli that Ordinance No. 705 be adopt ed. ORDINANCE NO. 705 AN ORDINANCE OF THE CITY OF GILROY AMENDING SEC. 15.47 OF THE GILROY CITY CODE BY ESTABLISHING AN ADDITIONAL STREET INTERSECTION AT WHICH YIELD-RIGHT-OF-WAY SIGNS SHALL BE PLACED AND MAINTAINED. PASSED AND ADOPTED this 19th day of August, 1963, by the following vote: AYES: COUNCIL MEMBERS: Duffin,Eckard,Jordan,Quartiroli, and Wentworth. NOES: COUNCIL MEMBERS: Goodrich ABSENT: COUNCIL MEMBERS: Petersen. The City Administrator reports that all Council Members have received copies of traffic counts on Leavesley and Ferguson Roads taken by the Division of Highways. Discussion is had. Mr. Jim Marson and Mrs. Edwards request the Council to consider a compromise by leaving the signs diverting traffic on North Monterey Highway, and removing the signs on Pacheco Pass Highway. Discussion is had. Councilman Goodrich suggests that the City write Mr. OIShea,Division of Highways, and determine what their intention is in regard to the signs di- verting traffic around Gilroy and if they would consider removing the sign on Pacheco Pass Hi ghway. Discussion is had. Motion by Councilman Goodrich second by Councilman Duffin and carried that the City Administrator write Mr. OIShea and determine what their inten- tion is in regard to the existing signs diverting traffic around Gilroy. The City Administrator presents cost estimates established by the City Engineer for establ ishing official plan I ines on Uvas Parkway from Thomas Road to Hecker Pass at Burchell Road. Discussion is had regarding setting official plan lines outside of the City. Motion by Councilman Eckard second by Councilman Wentworth and carried that the City Administrator be instructed to proceed and compile necessary data for establishing official plan lines on Uvas Parkway. City Administrator Carr states that all Council Members present have received copies of the assessed valuation figures for the 1963-64 fiscal year. He explains the figures and recommends that the tax rate remain the same as last year. He presents and reads Ordinance No. 706. Motion by Councilman Goodrich second by Councilman Wentworth that Ordinance No. 706 be adopted. ORDINANCE NO. 706 ORDINANCE OF THE CITY OF GILROY FIXING AMOUNT OF REVENUE FROM PROPERTY TAXES NECESSARY TO SUPPORT THE DEPARTMENTS OF~E CITY AND TO PAY BONDED INDEBTEDNESS. PASSED AND ADOPTED by the Council on this 19th day of August, 1963, by the fol- lowing vote: AYES: COUNCIL MEMBERS: Duffin,Eckard,Goodrich,Jordan,Quartiroli, & Wentworth. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Petersen 2301 City Administrator Carr presents and reads Ordinance No. 707. Motion by Councilman Wentworth second by Councilman Eckard that Ordinance No. 707 be adopted. ORDINANCE NO. 707 ORDINANCE OF THE CITY OF GILROY FIXING THE TAX RATES FOR THE CURRENT FISCAL YEAR 1963- 1964. PASSED AND ADOPTED by the Council on this 19th day of August, 1963 by the fo II owi ng vote: AYES: COUNCIL MEMBERS: NO ES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Duffin,Eckard,Goodrich,Jordan,Quartirol i, Wentworth. None Petersen and City Administrator Carr recommends that Fireman Engineer, Charles Gorman be advanced to the next step in his salary Range 18.3 from $387. to $407. and that Util ity Man - Manuel Rodriguez be advanced to the next step in his salary Range 17.3 from $369. to $387. effective September I, 1963. Motion by Councilman Goodrich second by Councilman Quartiroli and carried that Charles Gorman and Manuel Rodriguez be advanced to the next step in their salary range as recommended. City Administrator Carr requests acceptance of an easement from John Stelling for a drainage ditch. Councilman Wentworth requests permission to leave the Council Meeting. The Mayor Protempore excuses Councilman Wentworth at 9:44 p.m. The City Attorney presents and reads Resolution No. 780. Motion by Councilman Eckard second by Councilman Goodrich that Resolution No. 780 be adopted. RESOLUTION NO. 780 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ACCEPTING CONVEYANCE FROM JOHN H. STELLING AND INEZ E. STELLING. PASSED AND ADOPTED this 19th day of August, 1963, by the following vote: AYES: COUNCIL MEMBERS: Duffin,Eckard,Goodrich,Jordan,Quartiroli. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Wentworth and Petersen. City Administrator Carr recommends that the Division of Traffic Control be deactivated and that the Division of Crime Prevention and Detec- tion be activated according to requirements as set forth in the City Code, Sec. 2.48 as requested by Chief of Pol ice Laizure. Chief of Police Laizure explains his request. Motion by Councilman Quartiroli second by Councilman Duffin and carried that the Division of Traffic Control be de-activated and a Division of Crime Prevention and Detection be activated. A letter is presented and read from the Division of Highways regarding accepting the imposition of additional Highway Users Taxes and Fees. City Administrator Carr pres6"l ts and reads Resolution No. 781. Motion by Councilman Quartirol i second by Councilman Goodrich that Resolution No. 781 be adopted. RESOLUTION NO. 781 ACCEPTING THE IMPOSITION OF ADDITIONAL HIGHWAY USERS TAXES AND FEES PURSUANT TO CHAPTER 1852, STATUTES OF 1963. ADOPTED BY THE City Council of Gilroy this 19th day of August, 1963, by the foIl owi ng vote: AYES: COUNCIL MEMBERS: Duffin,Eckard,Goodrich,Jordan,Quartirol i. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Wentworth and Petersen. City Administrator Carr reports that he received 3 letters at 5:00 p.m. today for consideration at this Council meeting. He states that the closing time for items on Council agendas is Thursdays at 5:00 p.m. He asks the Council what their wish is regarding letters received after this da te. The Counci I feel that unless the matter is of an emergency nature the Administrative Staff should follow their Thursday closing policy. City Administrator Carr presents and reads letters from Wm.Radtke, George C. Renz Construction Company and Western Tile and Supply regarding inferior concrete and other facil ities in the Garden Estates subdivision. "," '~~""'''''.'~''''~''';C -~'J;;_V"""'J"_'~';"~,""',.o;.;;~~,,-.>-;>.'.;'""~,";'"". .,. .""....... """",,'." "''''W,ZW;;~:'::;='~;}~*,~';;;':'',:::,:.;(~':-~''~~=~'-''t"<;iW_{;N':-;',,"'."''';X.',''i.,=''r....:i',3ll,'ti..~'';-'''''~2ll.'''~~>,.'io'.''=,::.J;;;.,,.,L;';~..,f'-",,..~..~.W~,,\.~~.,~.:a:.~'''i~.';;:;L;f.i;.'::''-~.,..:..:~'''.,~~/..~ j"',:',',.';;;y;C",;:;::,:,;;:/,;;r;J::L,:';;J, '~ .' E)!=- .-:'.::.' .) '. . ~ 30 Q...; Director of Publ ic Works Kludt explains that tests have been taken on the concrete in this subdivision and that the City is aware of the existing situation however reminds the Council that to date the City has not finally accepted the subdivision. He states that when the City makes the final inspec- tions any and all deficiencies will be corrected at that time. The Council feel that the City should notify the contractor and property owner of any deficiencies existing at the time they are noticed rather than at the final inspection so that corrective measures may be taken immediately to :aid all those concerned. Discussion is had. Director of Public Works Kludt is instructed to write letters to the contractor; and owner of Garden Estates subdivision stating that the sub- division as it exists to date will not meet final approval. The Council also request that the contractors complaining about the deficiencies in this subdivision be notified that steps will be taken to correct any and all deficiencies existing in the Garden Estates subdivision. The Mayor Protempore reports that all Council Members present have received copies of the r~port of disbursements from July 10th to August 1-0, 1963. Water samples taken by the County Health Department are presented. All samples are satisfactory. Motion by Councilman Goodrich second by Councilman Quartiroli and carried that the reports be accepted. Councilman Quartiroli suggests that some thought be given to re- quiring subdividers to pay a portion of the cost for developing neighborhood parks. ~iscussion is had. City Administrator Carr reports that this matter will be referred to the Parks and Recreation Commission for study and recommendation. The Mayor Protempore asks what the status is regarding selection of an architect for the proposed Pol ice Department building. City Administrator Carr reports that he is presently meeting with various architects. The Mayor Protempore suggests that thought be given to purchasing the remaining property in the block adjoining the Wheeler Auditorium for a fu- ture Civic Center. Discussion is had on the Miller Slough cleaning. Motion by Councilman Goodrich second by Councilman Quartiroli and carried that this meeting adjourn at 10:37 p.m. ( rj'tl1{J/,() City Clerk )