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Minutes 1965/02/01 ')4' -1 7 -'_1.. Gilroy, Cal ifornia February 1, 1965 The regular meeting of the City Council was called to order by His Honor Kenneth L. Petersen at 8:06 p.m. Present: Council Members: George T. Duffin, Chester R. Eckard, Nor- man B. Goodrich, Wilford E. Jordan, Everett C. Wentworth, and Kenneth L. Petersen. Absent: Council Member: Charles F. Quartiroli. The Mayor asked if all Council members present had received copies of the regular meeting of January 18, 1965 and the regular adjourned meeting of January 25, 1965. All Council Members present answered in the affirmative. The Mayor asked if any errors or omissions were noted in the minutes as presented. No errors or omissions were noted. The Mayor declared the minutes of the regular meeting of January 18, 1965 and the regular adjourned meeting of January 25, 1965 approved. City Administrator Wood presented a letter from the Santa Clara County Girl Scout Council, Inc. requesting permission to conduct their annual sale of Girl Scout cookies from March 5th to 15, 1965. Motion was made by Councilman Duffin seconded by Councilman Went- worth and carried to give the Santa Clara County Girl Scout Council, Inc. permission to conduct their annual cookie sale as requested. City Administrator Wood presented and read a letter from the National Conference of Christians and Jews, Inc. requesting issuance of a proclamation endorsing "1965 Brotherhood Week" on February 21st to 28, 1965. Motion was made by Councilman Wentworth seconded by Councilman Goodrich and carried to proclaim 111965 Brotherhood Week'l from February 21st to 28, 1965 as requested by the National Conference of Christians and Jews, Inc. The City Clerk presented and read a Referendum Petition containing 769 signatures requesting repeal of Ordinance No. 730. It was noted that the signatures had been compared with the original affidavit of registra- tion at the Registrar of Voters Office and determined that 737 signatures were those of registered voters within the City of Gilroy at the time the petition was filed with the City Clerk on January 25, 1965 at 12:25 p.m. The 737 signatures represented 21.2% of the 3,476 registered voters within the City on that same date. It was also noted that signatures of 10% of the registered voters is necessary for a Referendum Petition. The petition was referred to the City Attorney. t!li. ,.__k!I!!'!L ~ h..A.:a::l!i D!'1Ib_.. "....,..__~-" 2<4:18 The City Attorney reported that the said petition was legal. He noted the Clerk's Certificate attached to said petition. He informed the Council that they must reconsider the matter of adoption of Ordinance No. 730. Motion was made by Councilman Goodrich seconded by Councilman Duffin and carried to reconsider the matter of adoption of Ordinance No. 730. The City Attorney stated that the Council could either repeal Ordinance No. 730 or authorize placing matter on ballot at the General Municipal Elec- t i on of Ap r ill 3, 1965. Discussion was had. The City Attorney was instructed to present and read Resolution No. 893. Motion was made by Councilman Wentworth seconded by Councilman Goodrich to adopt Resolution No. 893. RESOLUTION NO. 893 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DETERMINiiNG THAT THE REFER- ENDUM PETITION FILED IN THE OFFICE OF THE CITY CLERK AGAINST THE ADOPTION OF ORDINANCE NO. 730 PROVIDING FOR THE REZONING OF 1.5 ACRES OF LAND FORMING A PART OF THE NINTH WESTERN ADDITION TO THE CITY OF GILROY IS A VALID PETI- TION AND FURTHER PROVIDING THAT SAID PETITION BE PLACED UPON THE BALLOT FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD ON THE 13th DAY OF APRIL, 1965. PASSED AND ADOPTED this 1st day of February, 1965, by the following vote: AYES: COUNCIL MEMBERS: Duffin, Eckard, Goodrich, Jordan, Wentworth, and Petersen. ; COUNCIL MEMBERS: None COUNCILMEMBERS: Quartirol i NOES: ABSENT: City Administrator Wood presented a letter from the Society for Crippled Children and Adults of Santa Clara County, Inc. requesting permission to sol icit funds in business areas and shopping centers during March, 1965. Motion was made by Councilman Wentworth seconded by Councilman Duffin and carried that the Society for Crippled Children and Adults of Santa Clara County, Inc. be allowed to solicit funds during March, 1965 in business areas and shopping centers as requested. City Administrator Wood presented a letter from the Board of Super- visors regarding Resolutions of the Board and the Santa Clara County National Guard Commission urging opposition to a plan of the Secretary of Defense to reduce Reserve and National Guard Divisions. No action was taken on the matter and the letter was ordered filed. The Mayor introduced new City Employees Al ice Ortega, Account Clerk and Gerald Rivers, Fireman-Engineer. City Administrator Wood presented and read the report of the Planning Commission meeting of January 21, 1965 informing the Council of a Publ ic Hearing held on the variance request of Virginia Rea Spencer to conduct a miniature car race track at 109 South Monterey Street and allowing said variance request for waiving off-street parking requirements. No objections were noted to said variance. City Administrator Wood presented and explained a proposed pol icy on administration of Street Projects and recommended that plans and specifica- tions ee prepared for Slurry-seal or seal coating on streets as recommended in the Director of Publ ic Works' previous street maintenance project report (funds to be expended from any excess in the 1964-65 Budget) and that a portion of the reconstruction of streets as recommended in same report be completed each year (over 5 year period) provided sufficient funds are available in each year. The Council instructed Staff to prepare a Resolution approving the proposed pol icy on administration of Street Projects as outlined to include placing Industrial Areas in a "S" Zone which would require the Planning Commissions' approval of building plans for sidewalk requirement prior to issuance of a building permit. City Administrator Wood presented a report on the Joint Sewer Study with Morgan Hill. The Council agreed that said report was in accord with prior joint Sewer Study Committee Meeting. Councilman Wentworth asked Director of Publ ic Works Kludt if he had contacted the Soil Conservation District. Director of Public Works Kludt reported that the Soil Conservation District is willing to provide the engineering for laying the filter beds at no cost to the City but he had not received a reply on the matter of test samples of nematodes from the Agricultural Extension Service. The Council instructed the City Administrator to notify the City of Morgan Hill that the City of Gilroy approves the report of the Joint Sewer Study and is in accord with said report as outl ined. City Administrator Wood requested time for two presentations following the regular agenda regarding a: "S1urry-Sea1 Process" and b: liThe Best Investment We Ever Made" which was regarding local airport developments. Council had no objections to said presentations. 2419 City Administrator Wood presented a request to place signs on existing truck routes and requested authorization to transfer funds in the amount of $300.00 from Acount 31C2 to Account 31B36 for purchase of 22 signs designating truck routes as outlined. Motion was made by Councilman Duffin seconded by Councilman Wentworth and carried to transfer $300.00 from Account 31C2 to Account 31B36 for pur- chase of 22 signs designating truck routes as outlined. Councilman Duffin reported that he did not attend the Santa Clara County Trafficways Committee Meeting of January 13, 1965 because he was informed that the Agenda did not pertain directly to the City of Gilroy. Director of Publ ic Works Kludt summarized the report of the Santa Clara County Trafficways Staff Sub-Committee Meeting which was in conjunc- tion with the Trafficways Committee Meeting of January 13, 1965. It was noted that the City should be in attendance at the Santa Clara County Trafficways Committee Meeting when the proposed Expressway effecting Gavilan College is discussed. The City Clerk presented a proposed Ordinance previously read and publ ished by title and summary. Motion was made by Councilman Goodrich seconded by Councilman Went- worth that the reading or Ordinance No. 733 be waived and that it be adopted. ORDINANCE NO. 733 AN ORDINANCE OF THE CITY OF GILROY, A MUNICIPAL CORPORATION, PROVIDING FOR LICENSING OF ALL DOGS, PROHIBITING UNLICENSED DOGS FROM RUNNING AT LARGE WITHIN THE CORPORATE LIMITS OF THE CITY OF GILROY, AUTHORIZING THE IMPOUNDING OF DOGS, PROVIDING PENALTIES, SETTING FORTH THE POWERS AND DUTIES OF THE POUNDMASTER, PROVIDING RULES AND REGULATIONS FOR THE CONTROL OF OTHER TYPES OF ANIMALS, AND SETTING FORTH MISCELLANEOUS RELATED RULES AND REGULATIONS. PASSED AND ADOPTED BY THE COUNCIL of said City on the 1st day of February, 1965 by the following roll call vote: AYES: COUNCIL MEMBERS: Duffin, Eckard, Goodrich, Jordan, Wentworth, and Petersen COUNCIL MEMBERS: None COUNCIL MEMBERS: Quartiroli NOES: ABSENT: The City Attorney presented and read the proposed Gavilan College S~wer Agreement with additions requested at the )ast Council Meeting. City Administrator Wood noted that Gavilan College Officials are progressing on preparation of the Water Agreement. The Council concurred with the proposed Sewer Agreement and instructed Staff to refer said Agreement to Gavilan College Officials for approval. City Administrator Wood requested to table the introduction of an ordinance requesting curfew on park sites prior toopening and during construc- tion period for possible inclusion with the present Curfew Ordinance. Councilman Eckard requested the matter of curfew for the Little League Ball Park be investigated for possible inclusion with the proposed amendment to the Curfew Ordinance. Mr. John ~ughan, Architect, presented the final plans and specifi- cations for the Pol ice Administration and Jail Facility. Discussion was had on the presentation. The Council requested that the plans and specifications provide for an Alternate bid for either Slump-Stone or Concrete on the Jail Facility elevation. The matter of approving the final plans and specifications for said facility was tabled, to a Special Council Meeting if necessary, pending final approval from the State Fire Marshal and State Department of Correc- t i on s . The City Attorney presented and read a proposed ordinance requir~ng developers to pay a recreational fee at the time a building permit is issued, funds to be allocated for parks and recreational purposes throughout the City. Discussion was had on the matter. The matter was tabled and Staff was instructed to present additional methods of revenue for acquiring funds for neighborhood parks. Discussion was had regarding increase in water rates and/or estab- 1 ishing sewer charges. Councilman Wentworth noted that any proposed sewer charge should be allocated for sewer facil ity operations only. The Mayor noted that he intended to attend the Inter-City Council Meeting of February 4, 1965 in Santa Clara. Councilman Wentworth requested setting of Official Plan Lines on Wren Avenue and Kern Avenue with both extensions to Day Road. Director of Publ ic Works Kludt reported that Staff has requested the County to construct Wren Avenue to Day Road next year and that it is not Staff's intention to extend Kern Avenue to Day Road, but to provide for a connecting street between Kern Avenue and Morey Avenue. 2.:1~10 Councilman Wentworth requested that a Resolution be prepared congrat- ulating Mr. George ~rcher, prof~ssional golfer, on his recent victory in the Lucky International Golf Championship Tournament. The Council agreed with City Administrator's recommendation that a congratulatory telegram would be appropriate. Motion was made by Councilman Wentworth seconded by Councilman Jorday and carried that a telegram be forwarded to Mr. George Archer, congratulating him on his recent victory in the Lucky International Golf Championship Tournament at Harding Park in San Francisco. Director of Publ ic Works Kludt reported that theStreets and Sewers Foreman and Sr. Util ity Man were involved in an accident and injured February 1, 1965 at the City Yard while performing City duties. The City Attorney reported that the transaction for the sale of Lot #1 of the Gymkhana Ground property to Gordon Farotte was near completion. City Administrator Wood reported that Assistant City Administrator Reinsch was absent from the meeting because one of his children had been injured this evening and hospitalized. At 10:35 p.m. motion was made by Councilman Goodrich seconded by Councilman Wentworth and carried to adjourn. i ,/ -,' // 7t );,<'!'y' -I'U./