Minutes 1968/07/01
282-4
Roll Ca 11
Minutes
Weed Abate-
ment Report
Res. #1270
G i 1 roy ,Ca 1 i forn i a
Ju 1 y 1, 1968
, ~Ther'R~gular~Me~tthg of'th~ Gitro~JClt~'Counctl'~a~ called
to order by His Honor Mayor Norman B. Goodrich at 8:00 p.m.
Present: Council Members: John E. Allemand, George T.
Duffin, Anthony C. Silva, Everett C. Wentworth, and Norman B.
Goodrich. Absent: Council Members: Mark E. Kennedy and Charles
F. Quartiroli.
The Minutes of the Regular Meeting of June 17, 1968 were
approved as mailed and recorded.
The Mayor stated that it was the time and place scheduled
for the Public Hearing on the Fire Chiefs' Report for Assessments
regarding Weed and Refuse Abatement. He asked if there was any-
one in the audience wishing to speak for or against the Fire
Chief's Report posted on th~ Council Chamber's Bulletdn Board.
There was no comment from anyone in the audience. Motion was made
by Councilman Allemand seconded by Councilman Wentworth and carried
that the Public Hearing be closed. The City Clerk presented Reso-
lution No. 1270 Confirming the Report and Providing Special Assess-
ments against the Respective Property Owners. Motion was made by
Councilman Wentworth seconded by Councilman Silva that the reading
of Resolution No. 1270 be waived and that it be adopted.
......
II.ro.f
Plan. Comm.
Report
6/20/68 .
-....
'-...
Intro.S.J.
Mercury News
paper rep.
,,*,,:~,,""'.1
,
........,
2825
RESOLUTION NO. 1270
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CONFIRMING THE
REPORT OF THE CHIEF OF THE FIRE DEPARTMENT SETTING FORTH THE
DESCRIPTION OF PROPERTY, THE OWNERS THEREOF, AND THE COST OF
ABATING THE NUISANCE CAUSED BY THE GROWING OF WEEDS AND ACCUMU-
LATION OF REFUSE IN THE CITY OF GILROY, AND PROVIDING THAT SUCH
COSTS SHALL CONTITUTE SPECIAL ASSESSMENTS AGAINST THE RESPEC-
TIVE OWNERS OF LAND.
PASSED AND ADOPTED this 1st day of July 1968, by the following
vote:
AYES:
COUNCIL MEMBERS:
Allemand, Duffin, Silva, Wentworth, and
Goodrich.
None
Kennedy and Quart i ro 1 i
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Councilman Quartiroli entered at 8:02 p.m. and took his
seat at the Council table.
Secretary of the Planning Commi~sion Henry presented and
explained the Report of the Planning Commiision Meetirtg,ofJune
2Q, 1968, informing the Council of the continued Public Hearing
held on the rezoning request of George T. Duffin to rezone a 2.2
acre parcel of land at the northwest corner of Pierce and Chur~h
Streets, from "R-l" to IR-3", noting that said hearing w~s further
continued until the City's Northside Park acquisition plans were
finalized with relation to the Duffin parcel;' (Councilman Kennedy
entered at 8:06 p.m. and took his seat at the Council tab'le) -in:"
forming Council of a Public Hearing ~eld on the petition of ~he
Union Oil Company for a conditional Use Permit to demolish the
service station at said location, noting approval .of same; inform-
ing Council of a presentation to the Commission by the City Attor-
ney on "prezoning concept" and recommendation that Council adopt
an enabling ordinance for prezoning and that prezoning be condi-
tioned upon commencement of construction or development within one
year or same does not become effective; (The City Attorney pr~-
sented information to the Council in regard to the prezoning,con-
cept for study and review of same for action at the July 15, 1968
Council Meeting) recommending that Council consider a time limita-
tion "C_P' and IC-2" zoning, specifically that same be reduced
from three years to one year if construction has not commenced;
(The City Attorney presented suggested procedure to be considered
for the zoning time limitation for Council's study and review for
action on same at the next regular meeting); further noting that
discussion was had by the Commission regarding suitable number of
bedrooms per apartment unit, specifically that three, four, and
five bedroom units do not constitute an apartment, and that fur-
ther study would be given regarding said matter.
The Mayor introduced Mr. David Johnston, San Jose Mercury
Newspaper Reporter (Resident of Capitola) filling in for Bill
Glines, presently on vacation.
Further discussion was had in regard to the Planning Com-
missions' concern regarding the area requirement for three~,four,
or five bedroom units.
The City Attorney noted that the Planning Commission was
not opposed to three, four, or five bedroom unit type cm struction
but to the over-populated area within said construction due to
minimum square footage requirement presently required by the City.
Motion was made by Councilman Duffin seconded by Councilman
Wentw~rth and carried that Council agreed with the Planning Com-
missions' concern regarding the area requirement for three, four,
or five bedroom units and requested the Commission to further
study same and recommend to Council the area required for said
type of apartment building units and suggested zoning revisions
for Council approval of same.
0' :'"' () -6-.
/ l~ /. .
- -.........'-,
Personnel
Commission
Report 6/27/68
Meet i ng
P & R Comm.
Rep. 6/18/68
Library & Cul-
ture Comm. Re-
ports 4/29/68
& 6/4168
Specs. re:
D~ Tractor
Library Con-
sol ication
Res.#1271 re:
Library Con-
so 1 i da t i on
Ord. #822
Personnel Director Reinsch presented and explained the Re-
port of the Personnel Commission meeting of June 27, 1968 noting
that Commissioner Fred Baker was appointed Chairman of said Com-
mission to replace Howard Basch, recently resigned.
The Report of the Parks and Recreation Commission Meeting
of June 18, 1968 was noted.
The Reports of the Library and Culture Commissions'
Special Meeting of April 29, 1968, and the Regular Meeting of June
4, 1968, were noted. Chief Librarian Goshert and Chairman Howard
Smith, (present in the audience) stated that they had no comment
regarding said reports.
lIIIIIlII
.......,
City Administrator Protempore Reinsch presented specifica-
tions for a used D4 tractor noting corrections of said specifica-
tions as recommended by Council Committee for same; requested appro-
val of said corrected spcifications; and requested authorization
to call for bids. Discussion was had on the matter. Councilman
Quartiroli stated that the 50 horse-power engine requirement
would eliminate some bidders.
Motion was made by Councilman Wentworth seconded by Council-
man Kennedy and carried that the revised specifications as presen-
ted be approved and that authorization be given for the call of
bids for said D4 Tractor as recommended by Council Committee.
City Administrator Protempore Reinsch presented and read a
letter from the Board of Supervisors of Santa Clara County in re-
gard to the proposed consolidation of the Public Library with the
Santa Clara County Library System and noted Memo, from County Li-
brarian, George Farrier, in regard to said consolidation, same
being included with this agenda under "Communications".
~ity Administrator Protempore Reinsch also noted the telephone
request of County Librarian Farrier for Council to formally ap-
prove said consolidation as previous resolution of the City was
for intent to consolidate only.
..
.....
Chief Librarian Goshert addressed the Council, and reported
on the status of the Gilroy Museum in regard to the consolidation
of the Library. Discussion was had on the matter.
The City Attorney presented and read Resoiution No. 1271
formally approving the consolidation of the Public Library with
Santa Clara County Free Library. Motion was made by Councilman
Wentworth seconded by Councilman Silva that Resolution No. 1271
be adopted.
RESOLUTION NO. 1271
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING
CONSOLIDATION OF THE GILROY CITY LIBRARY WITH THE SANTA CLARA
COUNTY LI BRARY.
PASSED AND ADOPTED this 1st day of July, 1968, by the following
vote:
AYES:
COUNCIL MEMBERS:
Allemand, Duffin, Quartiroli, Silva,
Wentworth, Goodrich and Kennedy.
None
None
~
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
......,
The City Attorney presented, read, and recommended adoption
of Emergency Ordinance No. 822 discontinuing the Public Library of
the City in order that same could be consolidated with the County
since said County is unable to service a City Library, and noting
that said proposed ordinance would be effective July 1, 1968 in
order for the Library Personnel to be compensated by the County
for their services as of said date. Motion was made by Council-
man Kennedy seconded by Councilman Wentworth that Ordinance No.
822 be adopted.
2827
ORDINANCE NO. 822
AN ORDINANCE DISCONTINUING THE PUBLIC LIBRARY HERETOFORE ESTAB-
LISHED AND MAINTAINED BY THE CITY OF GILROY
PASSED AND ADOPTED this 1st day of July 1968, by the following
vote:
AYES:
....-<\
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Allemand, Duffin, Kennedy, Quartiroli,
Silva, Wentworth, and Goodrich.
None
None
COUNCIL MEMBERS:
--
Discussion was had regarding the possiblity of the proposed
consolidation not being acceptable to the City or County, and in
saidevent the adoption of an additional ordinance the Public
Library could revert back to be under the jurisdiction of the City.
The City Attorney noted that under Section 2.62 of the City
Code, said provision refers to the Library Department of the City
shall be under the direct supervision of the City Librarian and
that under the proposed consolidation the IICity Librarianl' could
be the resident senior employed by the County and suggests that
Mary Goshert report said suggestion to the County Librarian.
Chief Librarian Goshert reported on the proposed consolida-
tion with Santa Clara County.
Mayor Goodrich thanked Chief Librarian Goshert for her
good services performed for the City while employed by the City
and noted the City's expectation of continuance of same under the
County system.
,--'"
Library and Culture Commission Chairman Howard Smith,
addressed the Council and inquired of said Commission1s function now
since the Library has consolidated with the County. He noted that
said Commission would act in advisory capacity from the Council to
the County Librarian and could function in regard to more emphasis
on culture, arts, etc., heretofore not being the Commission1s
major function.
......
The City Attorney noted that said Commission need not be
reappointed and that they would continue to act and function in an
advisory capacity as noted by Chairman Smith.
The Mayor expressed his appreciation to the Commission for
past services for the City and asked Chairman Smith to convey his,
expression to the other members of the Commission on behalf of the
Council.
S.P.R.R. Agree. Director of Public Works Henry presented a proposed Agree-
re: 10th St. ment with the Southern Pacific Railroad Company for the Tenth
Project Street Project and explained same recommending execution of same
and nottng that bid o~ening for said project at Santa'Clara County
would be July 11, 1968. He also presented Resolution No. 1272
authorizing execution of said Agreement which would also Quitclaim
Res. #1272 the City1s rights to Ninth Street Crossing. Motion was made by
Councilman Duffin seconded by Councilman Silva that Resolution No.
1272 be adopted.
,,,,,,;,-,-.,
RESOLUTION NO. 1272
......,
RESOLUTION NO. 1272 OF THE CITY OF GILROY AUTHORIZING THE EXECUTION
OF AGREEMENT WITH THE SOUTHERN PACIFIC RAILROAD COMPANY FOR THE
OPENING OF TENTH STREET AND THE CLOSING OF NINTH STREET AND INSTAL-
LATION OF AUTOMATIC GATES AT THE TENTH STREET CROSSING IN THE CITY
OF GILROY, AND THE MAKING OF AN APPLICATION TO THE PUBLIC UTILITY
COMMIS~SION FOR REIMBURSEMENT OF ONE-HALF OF THE COST TO THE CITY
OF GILROY FOR SUCH INSTALLATION AND AUTHORIZATION.
PASSED AND ADOPTED th Ls ,Is t day of Ju 1 y, 1968, by the follow i ng
vote:
AYES:
COUNCIL MEMBERS:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Allemand, Duffin, Quartiroli, Silva,
Wentworth, Kennedy, and Goodrich.
None
None
2>328
Ord. #823 re:
Suspension
andlor revo-
cation of Bus.
Licenses
Ord. #824 re:
Water Rev.
Bonds
G. P. B. A. 1 e t te r
re: Salary
Survey
S. C. Co. Ex.
Counc. Meet.
Ordinance No. 823 amending the City Code to allow for revocation
or suspension of municipal business licenses, previously introwced
and publ ished by title and summary was presented by the City Clerk
for adoption. Motion was made by Councilman Wentworth seconded by
Councilman Allemand that the reading of Ordinance No. 823 be waived
and that it be adopted.
ORDINANCE NO. 823
AN ORDINANCE PROVIDING THAT A CITY LICENSE MAY BE REVOKED OR SUS-
PENDED FOR CAUSE, AFTER DUE NOTICE AND HEARING, AND THAT A LICENSE
SHALL NOT BE REISSUED FOR A PERIOD OF ONE YEAR AFTER REVOCATION.
PASSED AND ADOPTED this 1st day of July, 1968, by the following
vote:
AYES:
--
.....
COUNCIL MEMBERS:
Allemand, Duffin,Kennedy, Quartiroli
Silva, Wentworth and Goodrich.
None
None
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ordinance No. 824, providing, for the Issuance of Revenue
Bonds regarding Water System Improvements, previously introduced
and published in full, was presented by the City Clerk for adop-
tion. Motion was made by Councilman Wentworth semnded by Council-
man Silva that the reading of Ordinance No. 824 be waived and that
it be adopted.
ORDINANCE NO. 824
AN ORDINANCE PROVIDING FOR THE ISSUANCE OF REVENUE BONDS PAYABLE
SOLELY FROM THE REVENUES OF THE CITY WATER WORKS AND SYSTEM TO
PROVIDE FUNDS FOR THE ACQUISITION, CONSTRUCTION AND FINANCING OF
ADDITIONS, EXTENSIONS, REPLACEMENTS AND LMPROVEMENTS THERETO: REGU-
LATING THE ISSUANCE OF SAID BONDS; AND PROVIDING FOR THEIR PAYMENT
AND THE RIGHTS AND REMEDIES OF BOND HOLDERS THEREOF.
PASSED AND ADOPTED THIS 1st day of July, 1968 by the following
vote:
AYES:
COUNCIL MEMBERS:
Allemand, Duffin, Quartiroli, Silva,
Wentworth, Kennedy, & Goodrich.
None
None
IIIiooilII>'
-
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
A letter from the Gilroy Police Benefit Association in re-
gard to the recent Salary Study was presented. The Mayor thanked
said Association for said letter.
The Minutes of the Executive Committee of the Planning
Policy Committee Meeting of May 23, 1968 were noted.
S. Chestnut St. Letters from Lee Buzzini were noted and explained by City
Right-of-Way Administrator Protempore Reinsch requesting the City to purchase
Prop. (Bussini) his property between Eighth and Ninth Streets in the Chestnut
Street right-of-way, pleading a hardship case. Discussion was had
on the matter. Council tabled action on same and referred the
matter to City Administrator Wood to report to Council at the next
regular meeting. Councilman Wentworth requested Staff to inform
Mr. Buzzini _of Council1s directions at this Council Meeting and
that same would be discussed at the next regular Council Meeting.
Emp. Ass I n
Letter
A letter from the 'ICity of Gilroy Employees' Association"
regarding formation and By-laws of same were noted. City Admini-
strator Protempore Reinsch noted the presence of the Associaiton's
President, Morris R. Whtting and Vice-President Robert Alonzo, in
the audience.
--
......
President Whiting, addressed the Council and noted the re-
cent formation of said organization, etc.
City Administrator Protempore Reinsch complimented the
Association on the By-laws.
Approval of
By-laws of
Emp. Ass'n
Weed Abate-
ment costs
........
~
Maciel Bros.
Auto Repair
Bus.
Munson Sub-
division
P"'~
~
La Coche Way
Repairs
Brown Act
Amendment
proposal
1""'....
--
Golf Course
Improvements
2829
Motion was made by Councilman Wentworth seconded by Council-
man Allemand and carried that the formation of and the By-laws of
the lICity of Gilroy Employees' Associationll be approved and that
Staff be instructed to notify the Personnel Commission of Councills
action on same.
Councilman Kennedy inquired about the Weed Abatement cost.
Chief Brittain explained same and noted that he would. further ais-
cuss individual parcels with Councilman Kennedy following the
meeting.
Councilman Duffin reported on the Council Committee's in-
vestigation of Maciel Brothers Automobile Repair Operation north
of the City and noted improvement in said operation and assurance
by the Maciel brothers that same is not a wrecking operation. He
further noted that the Council Committee would cbntinue to investi-
gate said operation and report back to the Council of any change
in said operation.
Director of Public Works Henry reported on the Munson Sub-
division Project specifically the walnut trees on Miller Avenue
belonging to John Stelling. He reported that Mr. Munson had re-
quested the Oty to pay all or a portion of the acquisition costs
quoted by Mr. Stelling at $8,000.00 per acre, and the subject
walnut trees being approximately 1/10 of an acre or $600 - $800.
Di~ector of Public Works Henry also noted that Lot 17 of the pro-
posed Munson Subdivision would be widened by the eighty-foot
strip as would additional lots south and he recommended that the
City not purchase said eighty-foot strip of land as requested nor
contribute to any portion thereof. Discussion was had on the mat-
ter.
The Council indicated that the City not purchase said land,
however, noted that if Mr. Munson wanted the trees in regard to
his proposed subdivision that he negotiate said transaction with
Mr. Stelling and the City would have no objection to said walnut
trees remaining.
Councilman Quartirol i noted the dust problem at said pro-
ject location. Director of Public Works Henry noted that he will
pursue same, requiring Samuel Spencer, Contractor, to continue to
water at said project as previously agree.
Director of Public Works Henry noted his intent to include
Miller Avenue in the City's Select Street System to allow use of
Gas Tax Funds for future street improvements.
Director of Public Works Henry noted a public works1 pro-
ject on La Coche Way, specifically, repairs and fence removal at
said location.
The City Attorney noted a Legislative Bulletin in regard
to a proposed amendment to the Brown Act requirdhg observance of
said Act by "committeesll as well as councils and commissions. He
noted that said Bill had passed the Assembly and would be voted
on by the Senate during the week of July 1st or 8th. Discussion
was had on the matter. Council objected to said proposed Brown
Act amendment. The Mayor instructed City Administrator Protempore
Reinsch to notify the local legislators that the City is in favor
of the Brown Act but not to the extent of "committees" required
to follow said Act and opposed the proposed Bill.
Mr. David Johnston, San Jose Mercury Newspaper Reporter,
further explained said proposed amendment to the Brown Act.
City Administrator Protempore Reinsch presented a letter
from the City Golf and Country Club in regard to the new build-
ing addition in the amount of $5,653.15, noting $4,400.26 deposi-
ted to the City through the Golf Course Lease] leaving a balance
to the Contractor in the amount of $1,252.89 \$350.00 of same
paid by the Club's Account) leaving a balance of $902.89 to be
:)Qr.."!o
~ u')
Budget Amend-
ment re:Golf
Course Addln
Inter-City
Counc i 1 Meet.
Adjourn.
paid by 'Vernon Brown, Pro, and reimbursed by the City out of next
year1s (1969) lease payment to the City. Motion was made by
Councilman Wentworth seconded by Councilman Silva and carried
that the Golf Course Improvement in the amount of $5,304.00 be
approved ($4,400.26 plus $902. 89) thus amending Account 23C2 in
the 1968-69 Budget; noting authorization of the $~,400.26 payment
at the present time and the $902.89 after receipt of the Golf
Course Lease payment sometime in January of 1969.
Discussion was had in regard to future improvements at the
Golf Course. Council instructed Staff to notify the Golf and
Country Club Board of Directors that future participation by the
City in Golf Course Improvement Projects would be considered for
approval only in the event estimates were provided and said work
contracted by the City, specifically bids, etc.
The Mayor noted the Inter-City Council Meeting of July 11,
1968 in Sunnyvale inviting Chief of Police Laizure to same and
requested the City Clerk to make six reservations for City Offic-
i al s.
The Mayor thanked Staff for the convalescent card recently
received.
At 9:47 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
/~~~;U/ {.;~~