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Minutes 1965/11/01 2491 Gilroy, California November 1, 1965 - The regular meeting of the City Council was called to order by His Honor Kenneth L. Petersen at 8:04 p.m. Present: Council Members: John E. Allemand, GeorgeT. Duffin, Chester R. Eckard, Norman B, Goodrich, Charles F. Quartiroli, Everett C. Wentworth, and Kenneth L. Petersen. The Mayor awarded certificates of Meritorius Service to Police Patrolmen Ronald Chaffee and Gilbert Nuanez. The Mayor asked if all Council Members had received copies of the minutes of the regular meeting of October 18, 1965. All Council Members answered in the affirmative. No errors or omissions were noted. The Mayor declared the minutes of the regular meeting of October 18, 1965 approved. T.he Mayor stated that it was .the time and place scheduled for a Public Hearing on the proposed "Monterey Northwest Annexation No.3 to the City of Gilroy." City Administrator Wood explained the location of the proposed annexa- tion. The Mayor asked if anyone in the audience wished to speak for or against the proposa I . Mr. Gustav Steele addressed the Council and indicated his desire for an- nexation of his property to the City. Motion was made by Councilman Goodrich seconded by Councilman Quartiroli to close the Public Hearing. The City Attorney presented and read in part .Resolution No. 974. The City Attorney asked if any formal protests had been filed objecting to the annexation. The City Clerk reported that no protests had been filed. Motion was made by Councilman Eckard seconded by Councilman Wentworth to adopt Resolution No. 974. RESOLUTLON NO. 974 ...."I RESOLUTION DECLARING THAT NO MAJORITY PROTEST HAS BEEN MADE TO THE ANNEXATION OF TERRITORY DESIGNATED IN THE PROCEEDINGS AS "MONTEREY NORTHWEST ANNEXATION NO.3 TO THE CITY OF GILROY" PASSED AND ADOPTED immediately following the hearing mentioned in this Resolution, this 1st day of November, 1965, by the following vote: AYES: COUNCIL MEMBERS: Allemand, Duffin, Eckard, Goodrich, Quartiroli, Went- worth, and Petersen. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The City Attorney presented and read in part Ordinance No. 758. Motion was made by Councilman Eckard seconded by Councilman Duffin to adopt Ordinance No. 758. ORDINANCE NO. 758 AN ORDINANCE PROVIDING FOR THE ALTERATI.ONS OF THE BOUNDARIES OF THE CITY OF GIL- ROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "MONTEREY NORTHWEST ANNEXATION NO.3 TO THE CITY OF GILROY" AND FOR THE INCORPORA- TION OF SUCH ANNEXED TERRITORY IN AND AS A PART OF SUCH MUNICIPALITY FOR THE GOVERNMENT AND MUNICIPAL CONTROL THEREOF. PASSED AND ADOPTED by the Gilroy City Council this 1st day of November, 1965 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Allemand, Duffin, Eckard, worth, and Petersen. None None Goodrich, Quartiroli, Went- ,,;,..... .~ , A letter from the Goodwill Industries was presented requesting the City ~ to proclaim November 6, 1965 as "Good Turn Day" for the Boy Scouts to solicit donations to benefit their vocational rehabilitation program for the handicapped. Motion was made by Councilman Wentworth seconded by Councilman Allemand that the Mayor be authorized to problaim "Good Turn Day" November 6, 1965 as re- quested by Goodwill Industries. City Administrator Wood presented and read a report of the Citizens' Sewer Advisory Committee in regard to the future development of sewer service in the South County. Discussion was had. The Council Committee composed of CouDcilmen Wentworth, Quartiroli, and Goodrich ,reported that they wish to further study the proposal prior to presenta- tion to the Council. 2 4. Or) I ~ tJ ,:,; The Mayor instructed the City Administrator to write a letter of thanks to each member of the Citizens' Sewer Advisory Committee. Director of Public Works Kludt presented the report of the Planning Commission meeting of October 21, 1965 informing the Council of the continued Public Hearing of November 4, 1965 re: request of DeBell and Frisone for a Conditional Use Permit to erect an automobile service station at the South- west corner of Leavesley Road and Murray Avenue; recommending granting the re- zoning request of Bernice and Thomas Doherty to rezone from "R-I" to IR-3", 1.877 acre parcel located on Wren Avenue immediately northerly of the National Guard Armory; and informing the Council of a Public Hearing of November 4, 1965 on a proposal to rezone a portion of the "Fifth Northern Addition - Revised" and a portion of "Monterey Northwest Annexation No. I" - IC-2" for a depth of 150 feet on Monterey Street; IR-3" fora depth of 150 feet on the northerly exten- sion of Church Street and the.remainder IM-2". The Planning Commission further recommended approval of the Tentative Subdivision Map of "Wrenhaven, Unit No. 2" owned by Horace Willard. Discussion .was had on the ppoposed rezoning of Thomas Doherty's property on Wren Avenue. It was the Counci Is' wish that a registered letter be forwarded to the adjacent property owner (A. W. and Nancy Peterson) regarding the Rublic Hearing on the proposed rezoning. The Mayor referred the matter of setting Official Plan lines on Wayland Lane to Wren Avenue to the Planning Commission for study and noted that the 566 Program be kept in mind. The City Attorney presented and read Resolution No. 975. Motion was made by Councilman Eckard seconded by Councilman Wentworth to adopt Resolution No. 975. ... ... REg) LUT ION NO. 975 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY FIXING THE TIME OF HEARING REPORT AND RECOMMENDATION OF PLANNING COMMISSION ON APPLICATION OF THOMAS H. AND BERNICE W. DOHERTY TO REZONE THEIR 1.877 ACRE TRACT OF LAND ON THE EAST SIDE OF WREN AVENUE IMMEDIATELY NORTH OF THE ARMORY PREMISES FROM Rl DISTRICT TO R3 DISTRICT. PASSED AND ADOPTED this 1st day of November, 1965, by the following vote: AYES: COUNCIL MEMBERS: Allemand, Duffin, Eckard, Goodrich, Quartiroli, Went- ~ worth, and Petersen. NOES: COUNCIL MEMBERS: None ... ABSENT: COUNCIL MEMBERS: None City Administrator Wood presented water samples taken by the Santa Clara County Health Department and noted that the County will further recheck at the two locations where samples showed slight positive reactions. City Administrator Wood reported on the Animal Shelter Operation. He presented a Supplemental Agreement with the County for approval and presented Resolution No. 976 authorizing the Mayor to execute the same. Motion was made by Councilman Wentworth seconded by Councilman Goodrich to adopt Resolution No. 976. RESOLUTION NO. 976 RESOLUTION AUTHORIZING THE AMENDMENT OF AN AGREEMENT WITH THE COUNTY OF SANTA CLARA FOR ANIMAL CONTROL SERVICES. PASSED AND ADOPTED by the City Council of the following vote: AYES: COUNCIL MEMBERS: Allemand, Duffin, Eckard, Goodrich, Quartiroli, Went- worth, and Petersen. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None City Administrator Wood requested a Budget Amendment to Account 40C2 in the amount of $1,604.00 to allow for the installation of the sewer main from ... Wren Avenue easterly to Wayland Lane. Motion was made by Councilman Allemand seconded by Councilman Goodrich ... that Account 40C2 be amended in the amount of $1,604.00 as requested. City Administrator Wood requested a Budget Amendment to Account 27C2 in the amount of $549.00 to provide for installation of a 24" storm drain within the Ii mi ts of "Wrenhaven, Un it No. III. Motion was made by Councilman Goodrich seconded by Councilman Wentworth and carried that Account 27C2 bB amended in the amount of l549.00 as requested. City Administrator Wood presented an application to the Alcoholic Bever- age Control Board for an Off-Sale General Liquor License at 231 First Street. Motion was made by Councilman Duffin seconded by Councilman Eckard and carried that the City has no objections to the application presented. 2493 City Administrator Wood requested a Budget Amendment to Account 21 (Swimming Pool) to increase 21B6 in the amount of $458.00 and 21A2 in the amount of $654.00. Motion was made by Councilman Quartiroli seconded by Councilman Goodrich and carried that Account 21B6 be amended in the amount of $458.00 and Account 21A2 IDB amended in the amount of $654.00 as requested. City Administrator Wood presented and read a Mutual Aid Agreement Reso- lution. Motion was made by Councilman Duffin seconded by Councilman Wentwor~h that Resolution No. 977 be adopted. RESOLUTION NO. 977 ~*,/- BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY RELATIVE TO EXTEN- SION OF MUTUAL AID UNDER MASTER MUTUAL AID AGREEMENT IN CASES OF LOCAL PERIL OR EMERGENCY. PASSED AND ADOPTED this 1st day of November, 1965, by the following vote: AYES: COUNCIL MEMBERS: Allemand, Duffin, Eckard, Goodrich, Quartiroli, Went- worth, and Petersen. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ~ City Administrator Wood reported on the proposed Uniform Address System in the South County. Discussion was had. Motion was made by Councilman Duffin seconded by Councilman Wentworth and carried authorizing the City Administrator to inform the County to proceed with the Master Plan on House Numbering as outlined. City Engineer Hanna Jr. presented and explained a proposed Plan for Beautification of the Southern Pacific Railroad Company property on South Mont- erey Street. Discussion was had. The Council instructed Staff to submit the proposal to the Southern Pacific Railroad Company to determine if they will contribute to the project and if they will not participate the City should consider completing the project on thei r own. The Council instructed Staff to ecect a "For Sale" sign on the City property located on South Monterey Street between Sixth and Seventh, Streets and inform local Real Estate Brokers that the City will sell same for $20,000.00. City Administrator Wood reported on a meeting with the State Direcmor of Public Works on October 27, 1965 in re: to 101 Highway Bypass. He informed the Council that the City and County plans to .make a further presentation before the Highway Commission on November 17, 1965 before erecting the Highway Signs at the north and south entrances on Monterey Street to the City. Director of Public Works Kludt requested a Budget amendment to in- crease Account 44.IC2 in the amount of $660.00 to provide double arm electro- liers in Parking Lots "C" and "D". Motion was made by Councilman Wentworth seconded by Councilman Duffin and carried that Account 44.1C2 be increased in the amount of $660.00 as re- quested. Discussion was had regarding the exit clearance in Parking Lot "D". City Administrator Wood suggested "Ribbon Cutting Ceremonies" for the Parking Lots when completed. .Motion was made by Councilman Goodrich seconded by Councilman Allemand and carried that the Tentative Subdivision Map of Horace Willard designated as "Wrenhaven, Unit No. 2" be approved. Ordinance No. 759 (CAVT Franchise Ordinance) previously read and pub- lished by title and summary was presented. Motion was made by Councilman Goodrich seconded by Councilman Went- worth to adopt Ordinance No. 759. ORDINANCE NO. 759 ~_4 AN ORDINANCE OF THE CITY OF GILROY AMENDING THE GILROY CITY CODE BY ADOPTING AND ADDING THERETO CHAPTER 24-A, ENTITLED "COMMUNITY ANTENNA TELEVISION SYS- TEMS"; PROHIBITING THE ESTABLISHMENT, OPERATION OR CONDUCT OF THE BUSINESS OF DISTRIBUTING TO ANY PEOPLE IN THE CITY ANY TELEVISION OR RADIO.SIGNALS BY MEANS OF ANY COMMUNITY ANTENNA TELEVISION SYSTEM UNLESS A .FRANCHISE THEREFOR IS OB- TAINED FROM THE CITY: PROHIBITING THE CONSTRUCTION, INSTALLATION OR MAINTENANCE OF ANY COMMUNITY ANTENNA TELEVISION &YSTEM EQUIPMENT OR FACILITIES IN ANY PUB- LIC STREET, PUBLIC PLACE OR PROPOSED PUBLIC STREET IN THE CITY UNLESS A FRAN- CHISE THEREFOR IS OBTAINED FROM T.HE CITY; PROVIDING FOR THE GRANTING OF, AND PRESCRIBING A PROCEDURE FOR THE GRANTING OF, NON-EXCLUSIVE FRANCHISES FOR SAID PURPOSES BY THE CITY, SUBJECT TO VARIOUS TERMS, REGULATIONS AND CONDITIONS; PR~ ?494 ..... __ t VIDING FOR THE REGULATION OF RATES AND SERVICE; PROHIBITING THE UNAUTHORIZED CON- NECTION TO ANY COMMUNITV ANTENNA TELEVISION SYSTEM FOR THE PURPOSE OF TAKING ANY SIGNAL OR IMPULSE THEREFROM WITHOUT PAYMENT THEREFOR; PROHIBlTlNG THE UNAUTHORIZED TAMPERING, DAMAGING OR REMOVAL OF ANY PORTION OF ANY SUCH SYSTEM; ESTABLISHING VARIOUS TERMS, REGULATIONS, REQUIREMENTS AND CONDITIONS WHICH MUST BE COMPLIED WITH BY ANY PERSON ESTABLISHING, OPERATING OR CONDUCTING A COMMUNITY ANTENNA TELEVISION SYSTEM;AND OTHERWISE REGULATING AND RELATING TO COMMUNITY ANTENNA TELEVISION SYSTEMS. This Ordinance was introduced at a regular session of the City Council and orde~ ed published by title and summary at a regular meeting of said Council held on the 18th day of October, 1965, and finally adopted at a regular meeting of said Council on the 1st day of November, 1965, by the following vote: AYES: COUNCIL MEMBERS: Allemand, Duffin, Eckard, Goodrich, Quartirol i, Went- worth, and Petersen. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ... ....... The Mayor recommended Mrs. Robert J. Barret for appointment to:the Library and Culture Commission to fill the unexpired term of Rev. Ernest Tufft. (1-1-66) . Motion was made by Councilman Wentworth seconded by Councilman Allemand and carried that Mrs. Robert J. Barret be appointed to the Library and Culture Commission as recommended. City Administrator Wood presented a request of Mr. L. Desimone to dis- play cannisters in the local business district for.the 'op Warner League Program to attempt to collect funds now needed in the amount of $700.00. Mr. L. Desimone addressed the Council and further explained his re- ques t. Motion was made by Councilman Wentworth seconded by Councilman Good- rich and carried that the request for the Pop Warner Program be allowed. City Administrator Wood presented a Lease Rental Agreement with the County for a Substation within the new Police Building. Motion was made by Councilman Quartiroli seconded by Councilman Eckard and carried that the Lease Rental Agreement as presented be approved for submis- sion to the County for their approval. City Administrator Wood presented an Agreement with the County for the Community Work and Training Project Contract. Motion was made by Councilman Goodrich seconded by Councilman Went- worth and carried that the Community Work and Training Project Contract be ap- proved and that the Mayor be authorized to execute same. City Administrator Wood noted an Inter-City Council meeting of Novem- ber 4, 1965 at Adobe Creek Lodge. City Administrator Wood noted receipt of a letter from the Secretary of State Legislature informing the City that the Attorney Generals' Office will study the matter of IIMolotov Cocktails" to attempt to present some additional future legislation on the matter. City Administrator Wood informed the Council of a report from the Architect that the Heating and Cooling System for the new P~lice Building in regard to the grade of sheet metal and the method of installation being up to or superior to the specifications. Director of Public Works Kludt reported on the water ~ystem at Brownell School not interfering with the demand on the City's sytem and S~hools' intention not to install a well at that location. City Administrator Wood reported on an offer from Samuel R. Spencer to install street work, curbs, gutters, and storm drains on property at the Gymkhana Grounds in exchange for ownership of a lot.at that location presently for sale in the amount of $8,900.00. The Council rejected Mr. Spencer's offer. City Administrator Wood noted a Housing Aid Conference in San Francis- co on November 29th and 30, 1965 re: various types .of aid. City Administrator Wood presented and read a letter ffbm the Central Coast Regional Quality Control Board requesting a report to its Board on the proposa I of Jo i nt Sewer fac i Ii. ties for Morgan Hill and G i I roy and reques t i ng consideration to San Martin on said matter. City Administrator Wood reported that the City had no obligation to this Board other than on a cooperation and liaison basis. The Mayor excussed Councilman Duffin at 10:03 p.m. Mr. John Hughan, Architect, addressed the Council and reported that the various shades of paint on the new police building were required to control and determine the number of coati applied. Director of Public Works Kludt requested authorization to purchase a Wayne Street Sweeper in the amount of $11,500.00 quoted by the manufacture as opposed to purchasing the Elgin Street Sweeper in the amount of $9,803.00. Discussion was had. Director of Public Works Kludt explained the de- sired features of the Wayne Sweeper that are not available on the Elgin Sweeper. Motion was made by Councilman Eckard seconded by Councilman Wentworth ... IIiIIIlIIII ... ..... -;"\ /1 (J!~ / '"-~ '". ) ..... --. fee and carried that Staff be authori~ed to prepare the plans and specifications a street sweeper and authori~ing the call for bids. At 10:22 p.m. motion was made by Councilman Goodrich seconded by Councilman Wentworth to adjourn. for ,/ ~ --' City Cler/~