Minutes 1964/01/20
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2824
Gilroy, California
January 20, 1964
This regular monthly meeting is called to order by His Honor Kenneth
L. Petersen at 8:00 p.m.
Present: Council Members; George T. Duffin, Chester R. Eckard, Wilford
E. Jordan, Everett C. Wentworth, and Kenneth L. Petersen.
Absent: Council Members: Norman B. Goodrich and Charles F. Quartiroli.
The Mayor states that this is the time and place for the public hear-
ing on the rezoning of Las Animas Estates, Unit No.3, from "R-A" to "R-3".
The Mayor asks if anyone in the audience wishes to speak for or
against the proposal. There is no comment from the audience.
Motion by Councilman Eckard second by Councilman Duffin and carried
that this publ ic hearing be closed.
The Mayor states that this is the time and place for the public
hearing on the rezoning of Las Animas Estates, Units No.1 and 2 from "R-A" to
"R-l".
The Mayor asks if anyone in the audience wishes to speak for or against
the proposal. There is no comment from the audience.
Motion by Counci lman Duffin second by Counci lman Wentworth and carried
that this public hearing be closed.
The City Attorney presents and reads a proposed ordinance for rezoning
Las Animas Estates Unit No.3 from "R-A" to "R-3".
Motion by Councilman Eckard second by Councilman Wentworth and carried
that the ordinance be introduced and published by title and summary.
The City Attorney presents a proposed ordinance for rezoning Las Ani-
mas Es ta tes Un i ts No. 1 an d 2 from "R-A" to "R- 3" .
Motion by Councilman Eckard second by Councilman Wentworth and carried
that the reading of the proposed ordinance be waived, that it be introduced, and
published by title and summary.
The Mayor states that this is the time and place for the publ ic hearing
on construction of sidewalks,' curbs and gutters required under Chapter 20,
Article VII of the City Code.
The Mayor asks if anyone in the audience wishes to speak for or against
the proposal.
Mrs. Celestine Watson, San Diego, daughter of Mrs. Joe Simas at 487
South Dowdy Street addresses the Council and states that there are two large
walnut trees located in the sidewalk area at Mrs. Simas' property that must be
removed before sidewalks can be constructed and requests that the City assume
the cost for removing these trees since Mrs. Simas is on welfare and does not
have funds for this purpose.
Mr. Ralph Ross at 240 Miller Avenue addresses the Council and reports
that he does not wish to install sidewalks adjacerot to his paved driveway area
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because he feels that this would be unnecessary, since the paved driveway area
is already serving as a sufficient walk area.
Mrs. Doris Williams at 451 Miller Avenue addresses the Council and
reports that prior to annexation of her property to the City, the proponents
signed a petition which assured them that anything the property owners did to
improve their property after annexation would be voluntary.
Mrs. Will iams is informed that this public hearing is for construc-
tion of sidewalks, and that the notice to her was for removal of sidewalk
obstructions in the walk area of her property only, not for construction of
sidewalks.
The City Attorney reports that sidewalks on his property is unnec-
essary.
The Council agrees that the ordinance applies to all property owners
where over fifty percent of sidewalks have been installed in the block and the
ordinance should be enforced as written.
Mr. Darrell Williams at 451 Miller Avenue addresses the Council and
states that Miller Avenue is a heavily traveled avenue vehicular-wise and not
pedestrian-wise.
Mrs. Celestine Watson addresses the Council and reports that the
school children do not walk on her motherls property but on the sidewalks across
the street to reach the school property.
The Council inform Mrs. Watson that it is possible that the children
walk to school on the opposite side of the street because there are no sidewalks
on Mrs. Simasl property.
Mr. Frank Lemos at 300 Miller Avenue addresses the Council and states
that the children in his area walk on his lawn and will continue to do so even
after sidewalks are installed.
Director of Public Works Kludt reports that Mr. Lemos is responsible
only for sidewalks on Miller Avenue and not on the Third Street side of his
property.
City Administrator Carr explains t~t a section of the City Code
allows property owners to have the cost of sidewalk construction to be added to
their tax bills and if the cost exceeds $50.00 it may be paid in installments
over a ten year period, at an interest rate determined by the Council, but not
to exceed 6%. He states that property owners will be allowed to use this method
of financing if they so desire.
Mr. Joe Allen at 344 Walnut Lane addresses the Council and states
that he is amazed at local citizens not desiring to install sidewalks which are
needed in most cases and he feels that the Council is justified in requiring
installation of sidewalks.
Mr. Ralph Ross states that he is not against sidewalks however his
driveway situation is a different matter.
Mr. Angelo Sanchez at 431 EI Cerrito Way addresses the CDuncil and
states that if he is forced to install sidewalks he will do so and states that
what is fair for one is fair for all.
Discussion is had regarding the removal of the 2 walnut trees on
Mrs. Simas' property on South Dowdy Street.
Mrs. Simas' daughter, Celestine Watson, states that these walnut
trees have also been a source of her mother's income for the walnuts produced
and sold.
Doris Will iams asks why there was a publichearing on this matter
and what good did it do the property owners to appear.
Mr~.Will iams is informed that a publ ic hearing is required by law
on requiring construction of sidewalks.
Mrs. Will iams states that she received a threatening letter notify-
ing her of the sidewalk obstructions.
City Administrator Carr reads the letter sent to Mrs. Will iams and
states that it was not intended to be threatening.
Motion by Councilman Duffin second by Councilman Wentworth and ca~
ried that this public hearing be closed.
Further discussion is had regarding the 2 trees on Mrs. Simas. pro-
pert Yo
The Director of Publ ic Works is instructed to investigate what por-
tion of the 2 trees that might possibly be in the street area and possibly that
it might be ~ of the City1s responsibility.
Director of Public Works Kludt reports that installation of the
curbs and gutters required on East Seventh Street in back of the Associated
Service Station will be postponed until next year when the road project is
scheduled.
Director of Publ ic Works Kludt reports that he failed to post the
Lutheran Church on First Street and possibly it will be necessary to hold an
additional public hearing for this property and other properties overlooked.
o ~i) 6
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Motion by Councilman Eckard second by Councilman Duffin and carried
that the objections on construction of sidewalks, curbs, and gutters be over-
ruled and that the Director of Public Works proceed with requiring installa-
tion of sidewalks, curbs, and gutters.
City Administrator Carr reports that he received a telephone request
from the Loma Prieta Soil Conservation District to use the auditorium on Jan-
uary 31st for a public hearing on Project 566.
Motion by Councilman Wentworth second by Councilman Duffin and car-
ried that the Loma Prieta Soil Conservation District be granted use of Wheeler
Auditorium as requested.
Discussion is had regarding City endorsement of Project 566.
City Administrator Carr states that this matter will be pursued fur-
ther and petitions will be circulated throughout the area to help strengthen
the position of the Flood Control District and Water Conservation District
and that Council resolution endodingthe Project can be adopted at the next
meeting.
The Mayor instructs the City Attorney to prepare a resolution for
the Council to endorse Project 566.
The Council ask if a resolution is prepared for endorsing the Bond
Issue for Gavilan College. City Administrator Carr reports that he was ap-
proached to sign a card endorsing the Bond Issue on behalf of the Council and
that this was their wish rather than receiving a resolution from the City.
City Administrator Carr states that Rev. Schultheis is present and
requests from the Council permission to deviate from the agenda at this time.
He presents and reads a letter from Rev. Schultheis announcing a
meeting to discuss Housing, Health, Education, and W~lfare for the families
of Migrant Farm Workers. .
Rev. Schultheis addresses the Council and states that the letter is
self-explanatory and requests that Council representatives be appointed to
act as delegates at this meeting.
Councilman Wentworth states that he will serve as one of the dele-
ga tes .
Rev. Tufft reports that Gilroy is being looked upon with interest
as it is one of the first communities dealing with this matter on a local
1 evel .
Mayor Petersen states that he will also serve as a delegate.
A report from the Personnel Commission is presented and read recom-
mending change of job classification from Pol ice Clerk to Clerk-Matron.
Chief of Pol ice Laizure concurs with this recommendation.
Motion by Councilman Jordan second by Councilman Wentworth and car-
ried that the request for change of classification from Police Clerk to Clerk-
Matron be approved in Range 16.3 ($351.-$427.) as recommended by the Personnel
Commission.
City Administrator Carr reports that Mr. Rea has agreed to dedica-
ting a portion of an al ley running from First to Second Street between
Monterey and Eigleberry Streets.
Motion by Counci lman Eckard second by Counci lman Wentworth and car-
ried that the City is will ing to accept a deed for dedication of an alley as
presented.
City Administrator Carr reports that Masoni Bros. are willing to
maintain the remaining trees in the orchard at Christmas Hill Park, for the
crop. He also states that Mr. C. R. Acker has cleared free of charge that
portion of the park which is scheduled for present development. :
Motion by Councilman Jordan second by Councilman Wentworth and car-
ried that an agreement be prepared for that portion of the Christmas Hill
property to be maintained by Masoni Bros.
City Administrator Carr requests consideration of items IIF" and
IIL" in the Capital Outlay Program. He states that the Chairman of the
Library Commission is present and copies of the Library report on yearly
steps for a proposed library site and building are presented to each Council
meeting.
Rev. Tufft explains the report of the Commission.
Discussion is had.
The Council wishes to study the Library Commissions' report further
before any action is taken on the proposed site and building.
The matter of~the proposed fire station is tabled until a full
Council is present.
The City Attorney requests that the agreement for the proposed police
and fire facil ities be delayed until other business is completed.
City Administrator Carr presents, explains, and reads Resolution
No. 799.
Discussion is had.
Motion by Councilman Eckard second by Councilman Wentworth that
Resolution No. 799 be adopted.
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RESOLUTION NO. 799
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY INDICATING ITS DESIRE TO APPLY
FOR A LIBRARY SYSTEM PER-CAPITA GRANT IN BEHALF OF THE SANTA CLARA VALLEY
LI BRARY SYSTEM.
PASSED AND ADOPTED this 20th day of January, 1964, by the following vote:
AYES: COUNCIL MEMBERS: Duffin,Eckard,Jordan,Wentworth, and Petersen.
NOES: COUNC I L MEMBERS: None
ABSENT: COUNCIL MEMBERS: Goodrich and Quartiroli
The Mayor thanks the Library Commission for attending this Council
meeting.
City Administrator Carr reports that the present lease with Pacific
Gas & Electric Company for the existing substation on East Street will expire
and that the P. G. & E. has indicated that they intend to negotiate for a new
lease for an additional 5 years. He recommends that the lease be increased from
$60.00 per year to $100.00 per year.
Motion by Councilman Jordan second by Councilman Eckard and carried
that the City Administrator will negotiate with P. G. & E. at the expiration
of the present lease for a new 5 year lease at $100.00 ~er year.
Councilman Wentworth suggests that the City could purchase additional
property next to the City Corporation Yard if extra space is needed.
Director of Public Works Kludt states that the present corporation
yard is adequate for an additional 10 years, however thought could be given to
this suggestion.
The City Administrator presents and explains Resolution No. 800.
Motion by Councilman Duffin second by Councilman Wentworth that
Resolution No. 800 be adopted.
RESOLUTION NO. 800
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING AND SUBMITTING
A BUDGET FOR EXPENDITURE OF STATE ALLOCATED (ENGINEERING) FUNDS.
APPROVED AND SUBMITTED this 20th day of January, 1964. PASSED AND ADOPTED
by the following vote:
AYES: COUNCIL MEMBERS: Duffin,Eckard,Jordan,Wentworth, and Petersen.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Goodrich and Quartiroli.
City Administrator Carr presents a recommendation from Chief of
Police Laizure for advancement in salary for the following employees effective
February 1, 1964~ a. Chris Charvez Jr., Patrolman, Range 20.3 Step "A" to
Step 'IB" $427. to $449.; b. Michael Elder, Patrolman, Range 20.3 Step I'A" to
Step liB" $427. to $449.; c. Gilbert Nuanez, Patrolman, Range 20.3 Step "C" to
Step IID" $472. to $495.; d. James Smith, Patrolman, Range 20.3 Step "A" to
Step IIB" $427. to $449.
He states that he concurs with Chief Laizure's recommendation.
Motion by Councilman Jordan second by Councilman Wentworth and
carried that the employees salaries be advanced as recommended.
A letter from the Chamber of Commerce is presented and read thank-
ing the Pol ice Department for aid in putting up and taking down street Christmas
decorations.
The Mayor states that all Council Members present have received
copies of the yearly report of the Fire Department; report of disbursement
from December 10, 1963 to January 10, 1964; and the report of the Fire Depar~
ment for December 1963.
Motion by Councilman Wentworth second by Councilman Duffin and ca~
ried that reports as presented be accepted.
The City Attorney reports that he has reviewed the proposed agree-
ment with Akol and Hansen and Associates for the police and fire facilities
which in his opinion needs minor changes.
Discussion is had.
The Council suggest that the City Attorney discuss these changes
and alterations in the proposed agreement with Mr. Hughan, associate architect,
and present the finalized agreement at the next Council meeting.
The Mayor states that there will be a League of California Cities
meeting January 30th in South San Francisco.
The Council ask if there has been any progress on appraisal of the
lots at the Gymkhana Ground property.
City Administrator Carr states that the matter is now in the hands
of three real estate brokers.
Councilman Eckard asks if the main street is
of Public Works Kludt reports that to the best
Street is being washed on the regular schedule
being washed regularly.
of his knowledge
however he will check
Director
Monterey
further..
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2:328
Mayor Petersen states thaX Henry Allemand has requested that the City
use the land at the sewer farm on the west side of the Llagas Creek rather than
the east side, be used for filter beds as the west side of the creek would be
better for sewage perculation and the east side more productive.
Discussion is had.
The Council decide to proceed with the project of using the land on
the east side of the Llagas Creek as originally planned. Mayor Petersen states
that he will convey the Councils' thinking to Mr. Allemand.
Mr. Joe Allen of Walnut Lane thanks the Council for_cleaning the
debris under the bridge thus alleviating somewhat the possibility of flooding
in the Walnut Lane subdivision.
Chief of Police Laizure informs the Council that the enrollment for
the second session of the Police Academy in Hollister has now reached student
dormitory capacity.
The M~yor thanks Commissioner Brodersen for attending this meeting.
Motion by Councilman Duffin second by Councilman Eckard and carried that
this meeting adjourn at 10:10 p.m. )
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