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Minutes 1967/12/18 r I I I ! 2740 Roll Call Minutes Proposed Luchessa Ave. Imp. Proj .67-2 December 18, 1967 Gilroy, California 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,Jr., Anthony C. Silva, Everett C. Wentworth, and Norman B. Goodrich. The Minutes of the Regular Meeting of December 4, 1967, were approved as mailed and recorded. The Mayor deviated from the regular Agenda to accommodate those present in the audience for an Agenda Item. City Administra- tor Wood noted the presence of Mr. Dexter Ahlgren, representing Res.#1188- #1194 ...... - .','''' - ...... - 2741 the Engineering Firm of Mitchell & Ahlgren, for presentation of the Engineer's Preliminary Report regarding formation of the pro- posed Assessment District - Luchessa Avenue Improvement Project 67-2. Mr. Ahlgren addressed the Council and presented and explain- ed same. He noted that the proposed City's proposed contribution for said project was estimated at $36,000.00. Mr. Philip Assaf, representing the legal firm of Wilson,Jones, Morton, and Lynch, addressed the Council and presented and explained the following Resolutions in regard to said proposed Assessment District: Resolution No. 1188 - Motion was made by Councilman Wentworth seconded by Councilman Duffin that Resolution No. 1188 be adopted. A RESOLUTION AMENDING RESOLUTION NO. 1139 ENTITLES IIA RESOLUTION OF PRELIMINARY DETERMINATION AND OF INTENTIONII - LUCHESSA AVENUE IMPROVEMENT PROJECT NO. 1967-2. PASSED AND ADOPTED this 18th day of December, 1967, by the follow- ing vote: AYES: NOES: ABSENT: RESOLUTION NO. 1188 COUNCIL MEMBERS: Allemand, Duffin, Silva, Wentworth, None None Kennedy,Jr., Quartirol i, and Goodr i ch . COUNCIL MEMBERS: COUNCIL MEMBERS: Res. No. 1189 - Motion was made by Councilman Duffin seconded by Councilman Wentworth that Resolution No. 1189 be adopted. A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT - LUCHES- SA AVENUTE IMPROVEMENT - PROJECT NO. 1967 -2. PASSED AND ADOPTED this 18th day of December, 1967, by the follow- ing vote: AYES: NOES: ABSENT: RESOLUTION NO. 1189 COUNCIL MEMBERS: Allemand, Duffin, Silva, Wentworth, None None Kennedy,Jr., Quartirol i, and Goodrich. COUNCIL MEMBERS: COUNCIL MEMBERS: Res. No. 1190 - Motion was made by Councilman Allemand seconded by Councilman Silva that Resolution No. 1190 be adopted. A RESOLUTION ESTABLISHING PREVAILING WAGE SCALE - LUCHESSA AVENUE IMPROVEMENT PROJECT NO. 1967-2. PASSED AND ADOPTED this 18th day of December, 1967, by the fol10w- ingvote: AYES: NOES: ABSENT: RESOLUTION NO. 1190 COUNCIL MEMBERS: Allemand, Duffin, Silva, Wentworth, None None Kennedy,Jr., Quartirol i, and Goodrich. COUNCIL MEMBERS: COUNCIL MEMBERS: Res. No. 1191 - Motion was made by Councilman Kennedy seconded by Counci lman Wentworth that Resolution No. 1191 be adopted. RESOLUTION NO. 1191 A RESOLUTION APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ACQUISITIONS AND IMPROVEMENTS, AND DIRECTING NOTICE -LUCHESSA AVENUE IMPROVEMENT - LUCHESSA AVENUE IMPROVE- MENT PROJECT NO. 1967-2. PASSED AND ADOPTED this 18th day of December, 1967, by the follow~ ing vote: AYES: NOES: ABSENT: COUNCIL MEMBERS:" Allemand, Duffin, Silva, Wentworth, COUNCIL MEMBERS: None COUNCIL MEMBERS: None Kennedy,Jr., Quartirol i, and Goodrich. Res. No. 1192 - Motion was made by Councilman Allemand seconded by Councilman Wentworth that Resolution No. 1192 be adopted. 0742 1968 Weed Abatement Pub.Hear.re: IISII Zone amendments Pub.Hear.re: 67-68 Weed Abate. Prog. Res.#1195 RESOLUTION NO. 1192 A RESOLUTION CALLING FOR SEALED PROPOSALS - LUCHESSA AVENUE IMPRO- VEMENT PROJECT NO. 1967-2. PASSED AND ADOPTED This 18th day of December, 1967, by the follow- ing vote: AYES: COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Allemand, Duffin, Silva, Wentworth, None None Kennedy,Jr., Quartirol i, and Goodrich. .... Res. #1193 - Motion was made by Councilman Duffin seconded by Councilman Wentworth that Resolution No. 1193 be adopted. ....... RESOLUTION NO. 1193 A RESOLUTION DESCRIBING PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT, DIRECTING FILING OF MAP AND DIRECTING RECORDATION OF NOTICE OF ASSESSMENT - LUCHESSA AVENUE IMPROVEMENT PROJECT NO. 1967-2. PASSED AND ADOPTED this 18th day of December, 1967, by the follow- ing vote: AYES: NOES: COUNCIL MEMBERS: Allemand, Duffin, Kennedy,Jr., Quartiro1i, Silva, Wentworth, and Goodrich. COUNCIL MEMBERS: None Res. No. 1194 - Motion was made by Councilman Wentworth seconded by Councilman Silva that Resolution No. 1194 be adopted. RESOLUTION NO. 1194 A RESOLUTION CALLING FOR BIDS ON SALE OF IMPROVEMENT BONDS ESSA AVENUE IMPROVEMENT PROJECT NO. 1967-2. PASSED AND ADOPTED this 18th day of December, 1967, by the ing vote: AYES: - LUCH- follow- COUNCIL MEMBERS: Allemand, Duffin, Silva, Wentworth, None None o - Kenndy,Jr., Quartiroli, and 'Goodrich. --- NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Mr. Ahlgren thanked the Council for deviating from the regular agenda in order that the proposed Assessment District proceedings could be completed. Fire Chief Brittain reported on the one bid received and opened from C. J. Simms on December 18, 1967 at 2:00 p.m. regard- ing the 1968 Weed Abatement Program. Discussion was had on the matter. Motion was made by Councilman Duffin seconded by Council- man Wentworth and carried that said bid be awarded C. J. Simms for the 1968 Weed Abatement Contract subject to final approval of the City Attorney and authorized Mayor to execute same on behalf of the City. Motion was made by Councilman Wentworth seconded by Council- man Duffin and carried that the Public Heari ng regarding the pro- posal to revise the "S" Zone Requirements and related provisions of the Zoning Ordinance be continued to January 15, 1967 at 8:00 p.m. in order to hear a report of same from the Planning Commission. -"'IIIl The Mayor stated that it was the time and place scheduled for the Public Hearing regarding the 1967-68 Weed Abatement Program, and asked if there was anyone in the audience wishing to speak for or against the proposal. There was no comment from anyone in the audience. Motion was made by Councilman Wentworth seconded by Councilman Silva and earried that the Public Hearing be closed. The City Clerk presented Resolution No. 1195. Motion was made by Councilman Wentworth seconded by Councilman Silva that the reading of Resolution No. 1195 be waived and that it be adopted. """'.. RESOLUTION NO. 1195 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY INSTRUCTING THE CHIEF OF THE FIRE DEPARTMENT TO ABATE NUISANCE ARISING OUT OF OF WEEDS GROWING UPON LOTS OR IN FRONT OF PROPERTY IN THE CITY GILROY AS REQUIRED BY SECTION 5 OF ORDINANCE NO. 754. ,.,..... Card Room Li c. -G i I roy Bowl .... Injury Claim G.Thompson 2743 PASSED AND ADOPTED by the a regular meeting held on following called vote: AYES: COUNC I L MEMBERS: City Council of the City of Gilroy at the 18th day of December, 1967, by the Allemand, Duffin, Kennedy,Jr., Quartirol i, Silva, Wentworth and Goodrich. None None NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: An Appeal from Gilroy Bowl, operator~, Mr. Leon Welco, et al was presented objecting to the Suspension of a Card Room License at 154 North Monterey Street. Discussion was had. Mr. Fred H. Pearson~ Jr., Attorney representing Mr. Leon Welco, ad-. dressed the Council objecting to the suspension of said Card Room License noting that same could not be suspended by City ordinance without a hearing on same. Further discussion was had on the matter. City Administrator Wood noted that Chief of Police Laizure was absent from this Council Meeting due to a serious illness in his immediate family, and recommended that said Hear- ing be continued to the next regular Council Meeting since Chief Laizure was the investigating officer regarding the Card Room License. Motion was made by Councilman Wentworth seconded by Councilman Allemand and carried that said hearing on the Appeal be continued to the next regular 'Council Meeting of January 2, 1968. A Letter Claim from Mrs. Gaile Thompson regarding proposed injuries sustained while preparing for the IIMiss Gilroyll Contest at the Wheeler Auditorium was presented for consideration. Motion was made by Councilman Duffin seconded by Councilman Wentworth and carried that said claim be denied and referred to the City Attorney and local insurance carrier. Plan.Com.Meet. Secretary of the Planning Commission Henry presented and 12/7/67 explained the Report of the Planning Commission Meeting of Decem- ber 7, 1967, informing Council of introduction of newly appointed Commissioner, Robert P. Chappell and tabling selection of a Chairman until the first meeting in January 1968; noting the review of the tentative and final map for Castlewood Park, Unit #5, Tract #4419 approving same subject to the necessary easements, improvement plans and subdivision agreement; noting review of the proposed plans and subdivision agreement; noting review of the proposed parking ordinance and continuation of said review by Committee appointed to re-study same; reaffirmed recommendation that Council review all subdivision maps prior to action by Plan- ning Commission; also noting that the December 21, 1967 proposed Planning Commission would be cancelled.' IJI"""" -- Proposed sub- Motion was made by Councilman Kennedy seconded by Councilman division Maps Silva and carried that the recommendation of the Planning Com- mission regarding subdivision maps be approved. Personnel Com. Personnel Director Reinsch presented the report of the Persam- Meet. nel Commission Meeting of December 12, 1967 recommending a change 12/12/67 in Residency requirements for City employees, specifically that all City employees must live within the Gilroy Planning Area and within the Gilroy Telephone System and that Public Safety person- ,.,..... nel must live within a ten mile radius from City Hall, and that the Fire Department personnel in ad~ition must have a private .... telephone and that all personnel must 1 ive within Santa Clara County boundaries. Discussion was had on the matter. Motion was made by Councilman Wentworth seconded by Councilman Allemand that Resolution No. 1196 regarding employee residency requirements be adopted, with the minor revisions in the wording of same to be included in said resolution. Residency Require- ments-City Emp.Res. #1196 RESOlUT ION NO. 1196 A RESOLUTION OF THE CITY OF GILROY AMENDING SECTION 111, 0, of THE CITY OF GILROY PERSONNEL RULES AND REGULATIONS. PASSED AND ADOPTED this 18th day of December, 1967, by the follow- ing vote: )'744 AYES: COUNCIL MEMBERS: Allemand, Duffin, Kennedy,Jr., Quartiroli, Silva, Wentworth, and Goodrich. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Personnel Director Reinsch further noted therPersonnel Com- mission report on the Salary Survey consisting of information on same and included with the Council Agenda as informational. ., Lib.& Cult.Com. The Report of the Library & Culture Commission Meeting of Meet. 12/5/67 December 5, 1967 was noted. ..." Monthly Reports The Monthly Report of November 1967 was presented by City Administrator Wood and discussed by Council. Discussion was also had regarding double payment, one during the latter part of October 1967 by wholesalers and one by the retailers, for cigarette taxes. The Mayor instructed City Administrator Wood to present said appeals of retailers at the next meeting. Disbursements City Administrator Wood presented a Report of Disbursements from November II, 1967 to December 10, 1967. Same was ordered to be placed on file. Salary Step Increases Medical refund City Adminis trator Wood presented a Report and recommenda- tion for the following Step Increases in the Salary Plan for the respective employees: Helen Eustis, Assistant Librarian from Range 16, Step liD'. $427. to Step IIEII $449.; 2. Robert Waters, Patrolman, from Range 23.5, Step IIAII $533. to Step liB'. $650., and 3. Arnold Wenneberg, Custodian, Range 19.5 Step "BII $460. to Step I/CII $483. to become effective January I, 1968. Motion was made by Councilman Wentworth seconded by Councilman Allemand and car- ried that the salary increases be approved as presented and recom- mended. lIIIIII .......i Premium City Administrator Wood reported on a Premium Refund from California-Western States Life Insurance Company recommending that same be applied to the employees' premiums. Motion was made by Councilman Duffin seconded by Councilman Wentworth and carried that the $2,472.00 medical premium refund from Cal ifornia-Western States Life Insurance Company be applied to the employees' and City's prem i ums. P. & R. Director City Administrator Wood reported on the hiring of Mr. Wm. E. Ayer for the position of P. & R. Director. Motion was made by Councilman Kennedy seconded by Councilman Wentworth and carried that Staff be authorized to hire Mr. William E. Ayer as P. & R. Director at $825.00 per mo. (4th Step of P. & R. Director's Range). Well #1 City Administrator Wood reported on the Status of Well #1, noting recommendations for getting same back into operation. ......., Industrial Sewer City Administrator Wood reported on t~ Progress~of pro- Rates posed Industrial Sewer Rates noting that the Engineering Firm of Consoer., Townsend will be investigating same in connection with their report on the proposed Joint-Sewer Proposal. Res.#1197 re: Sp 1. Assess. demo 1 i t i on bldg. at 126 S. Church St. ....... The City Attorney presented Resolution No. 1197 Establish- ing a Special Assessment for Abating Public Nuisance and Fire Hazard at 126. S. Church St. Motion was made by Councilman Went- worth seconded by Councilman Allemand that Resolution No. 1197 be adopted. RESO LUTI ON NO. 1197 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DETERMINING THAT BUILDING AT 126 SOUTH CHURCH STREET HAS BEEN DEMOLISHED AND RE- 2745 MOVED AS A FIRE HAZARD PURSUANT TO THE ORDER INCLUDED IN RESOLU- TION NO. 1156 OF THE COUNCIL, PROVIDING FOR ASSESSMENT OF THE COST OF SUCH REMOVAL AGAINST THE SAID PREMISES, FIXING TIME OF HEARING OBJECTIONS THERETO AND THE NOTICE TO BE GIVEN OF SUCH HEARING. PASSED AND ADOPTED this 18th day of December, 1967, by the following vote: AYES: COUNCIL MEMBERS: Allemand, Duffin, Kennedy, Jr., Silva, Wentworth and Goodrich. None None Quartirol i, ......- NOES: ABSENT:; COUNCIL MEMBERS: COUNCIL MEMBERS: .... Pipe Overchg. Case The City Attorney reported on the Settlement of the Western Pipe Overchar~ing Case noting that said settlement was in the amount of $791.60 and that the Attorney's fees for same were $200.00. Motion was made by Councilman Wentworth seconded by Councilman Silva and carried that said settlement for said over- charging of pipe be accepted and that the $200.00 Attorney's fee for same be allowed. 2107 Gas Tax Budget Res.#1198 City Engineer Henry presented the proposed 2107 Gas Tax Budget accompanied by a proposed Resolution No. 1198 approving same. Motion was made by Councilman Allemand seconded by Council- man Wentworth that Resolution No. 1198 be adopted. RESOLUTION NO. 1198 RESOLUTION OF THE CITY COUNCIL OF THE.CITY OF GILROY ADOPTING BUDGET FOR EXPEND I TURE OF FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND TO CITIES. ADOPTED this 18th day of December, 1967, by the following vote: AYES: COUNCIL MEMBERS: Allemand, Duffi:n, Kennedy, Quartiroli, Silva, Wentworth and Goodrich. COUNCIL MEMBERS: None COUNCIL MEMBERS: None NOES: ABSENT: Jr",'" Castlewood Pk. Director of Public Works Henry presented the Final Subdivi- Unit #5, Tract sion Map of Castlewood'.Park, Unit #5, Tract #4419. Discussion 4419 Final was had on the matter. Motion was made by Councilman Duffin Map seconded by Councilman Wentworth and carried that the final map of the proposed dubdivision (Castlewood Park, Unit #5, Tract #4419) be approved. Commissioners The Mayor noted that it was the time and place to appoint appointment citizens to the vacancies on the various Commissions. Motion was 1-~-68 made by Councilman Duffin seconded by Councilman Wentworth and carried that Mr. Dale Connell and Mr. William. E. .Childers be reappointed for a full 4. year. term on the Planning Commissi on; Motion was made by Councilman Wentworth seconded by Councilman Silva and carried that Mr. Carmen Filice be reappointed for a full 4 yr. term and that Mr. Manuel Marquez be appointed for a full 4 yr. term on the Parks & Recreation Commission; Motion was made by Councilman Kennedy seconded by Councilman Silva and carried that Mr. John Pate and Mr.s. Pearl Eckard be appointed for a full 4 yr. term on the Library & Culture Commission, as recom- mended by the Mayor. - ... Sewer Chg. re: The Mayor deviated from the Agenda and called on Mr. Dulio Newton Crt. Benassi, owner of Newton Court. Mr. Benassi addressed the Council and protested the water consumption method of charging for sewer servi.ce.' Council discussed same and"referred to Staff for further study, and report to Council at the next regular meeting of January 2, 1968.' Garden refuse A letter from the South County Refuse Disposal Inc. was rate increase presented requesting a Rate Increase on Refuse Collection Ser- proposal .vice. The Mayor appointed Councilman Quartiroli, Chairman and Councilmen Silva and Kennedy' for studying said'matter and recom- ~746 Request of Community Council for support on Medical & Dental Services March of Dimes Proclamation State Dept. Health re: Rabies Region#4 Curb eruptions Drainage corrections El Robles Sdl 001 adjacent prop. Self-Help Housing Proj. Air-O-Fan property re: Water 1 i ne Bldg. Insp. vacation carry-over to 1968 Interviews re: Ci ty Attorney vacancy Turkeys re: employees Excess dirt re: S.P. Depot park mendation to the Council on same, to report to the Council on their recommendation at the January 2, 1968 regular meeting of the City Council. A letter from the South County Community Councikwas pre- sented requesting Council support for Medical and Dental Services within the Community. City Administrator Wood was instructed to contact the Community Council for presentation of additional in- formation to the Council on said matter at their next regular meeting of January 2, 1968. .... A letter was presented from the National Foundation of the March of Dimes for a proclamation on said matter. Council had no objection to the Mayor issuing said proclamation. ...... An. informational letter from the State Department of Health in regard to the State Rabies Region #4 was presented. Director of Public Works Henry reported on the progress of correcting curb eruption at Second Street and Miller Avenue and review of similar situations at various locations throughout; the City. Director of Public Works Henry reported on the drainage problem at several locations and noted that the inlets are under construction on John Stelling's property to the Princevalle Storm Drain Channel. Councilman Quartiroli noted the minutes of the Parks and Recreation Commission recent meeting regarding purchase of tee park area adjacent to El Robles' School. --- Director of Public Works Henry presented a! proposed Develop- ment Agreement for the prop~ed Self-Help Housing Project. Mr. Gallegos, contractor for said project, addressed the Council and reported on same. Motion was made by Councilman Wentworth semnded by Councilman Duffin and carried that Staff be authorized to execute said development as presentd, on behalf of the City. ..... Director of Public Works Henry reported on a proposal for a 1011 water line to service Air-O-Fan Properties on Kern Avenue, noting an additional charge for oversizing same to be in the amount of $1,500.00 to be assumed by the City until additional tapping into said line by private indivtduals or corporations occurred. Council agreed with said proposal submitted by Air-O- Fan and requested Staff to contact the owner of the Dri~e-In Theatre property regarding the $1,500.00 charge to be paid if water service was requested, and report to Council regarding same. City Administrator Wood noted that the Building Inspector, Mr. Louis H. Gagnebin has requested to carry-over 5 days of vacation earned to 1968. Motion was made by Councilman Allemand seconded by Councilman Silva and carried that the Building Ins- pector be allowed to carryover his 5 days vacation to 1968. - Council set December 21, 1967 from 3:00 p.m. to 5:00 p.m. for interviews of proposed individuals interested in the posi- tion of retiring City Attorney, Sydney S. Johnson. ........ Personnel Director Reinsch inquired of the City distributing turkeys to City employees at Christmas time. Council reaffirmed their position on distributibn.of turkeys to City employees as provided for in the 1967-68 Budget. The Mayor noted the excess dirt at Gilroy Foods that might be available to City for the Southern Pacific Depot park. Staff noted that they would investigate same. Adjournment At 11:01 p.m. prior to adjournment the Mayor wished all a "Merry Chr i s tmas and a Happy New Year',' and mot i on was made by Councilman Wentworth seconded by Councilman Kennedy and carried that the meeting be adjourned to Tuesday, January 2, 1968. Respectfully submitted, " (7 2,voa.~'VJtt./ City Clerk 2747