Minutes 1969/05/05
J953
~ I
G il roy, Ca 1 i forn i a
Ma.y 5, 1969
The Regular Meeting of the Gilroy City Council was called to
order by His Honor Mayor Norman B. Goodrich at 8:01 p.m.
Present: Council Members: George T. Duffin, Mark E. Kennedy"
John E. Pate, Anthony C. Silva, Everett C. Wentworth, and Norman B.
Goodrich.
Absent: Council Member: Fred P. Batrez.
Minutes
The Minutes of the Regular Counci 1 Meetingof'Apri 1 21, 1969
were approved as mailed and recorded.
0954
Certificates
of Servicel
Cowardin &
Chappe 11
The Mayor presented a Certificate of Servi ceto retired Li b-
rary -& Culture Commissioner, Mrs. Vernie Cowardin and to retired
Planning Commissioner, Robert P. Chappell.
At 8:05 p.m. Counci lman Batrez entered and took his seat at
the Council table.
Sewer Treatment Director of Public Works Henry presented a Report on the fol-
Plant Bids lowing Bids received and opened at 2:00 P.M. on April 23, 1969 in
regard to the "Sewer Treatment Plant Improvement": 1. Ahnger, Fornoff
& Bradford - Berkeley, Base Bid - $65,950.00, 2. Healy Tibbitts
Construction Company - San Francisco - $57,200.00; 3. EMI General
Engineers Contractors - Santa Clara - $77,380.00; and 4. S & D
Construction Company - San Jose - $70,140.00. I t was noted that the
Base Bid of Healy Tibbitts Construction Company was corrected to
$57,100.00 due to a mathematical error. Director of Publ ic Works
Henry noted that the Engineers' estimate for the project was
$55,000.00 and recommended that the bid be awarded to Healy Tibbitts
Construction Company, same being the low bid. Motion was made by
Councilman Wentworth seconded by Councilman Silva and carried that
the bid of Healy Tibbitts Construction Company from San Francisco in
the amount of $57,100.00 be approved and awarded as recommended.
Plan. Com.
Repor t
5/1/69
Personnel
Com. Report
N.Side Park
Acquisitions
(W i 1 son &
Arias Par-
ce 1 s)
Li brary
Arch i tects.
Agree.
(Robt. Wong)
Pre-Const.Conf.
re:Water
Pressuriza-
tion Proj.
Secretary of the Ranning Commission Henry pres nted a Report
of the Planning Commission Meeting of May 1, 1969 noting a proposal
of Hy Weisel Properties to prezone property at Fitzgerald Avenue
and Monterey Highway as the first phase of the proposed development;
noted the Commissions' study of the Capital Improvement Program and
recommendation for approval of same with recommended changes as out-
1 ined, and the Commissions. request that future Ccp ital Improvement
Programs be presented to .the Commission for study at an earl ier date,
preferably by March 31st of each year; and noting the Commissions'
continued study in regard to the proposed Sign Ordinance.
The Report of the Personnel Commission Meeting of April 24,
1969 adjourned due to lack of quorum was noted. Council discussed
the poss i b 1 e appoi ntment,o,f new Comrillss loners'. tp' rep 1 ace lriact ive
Personnel Commissioners. The Mayor noted that he would personally
contact said Commissioners to determine if they wished to be replaced.
City Administrator Wood presented requests to execute a Pur-
chase Agreement Covering two (2) parcels of land for Northside Park,
specifically belonging to Mr. & Mrs..Fred Wilson in the amount of
$6,500.00 and Dorothy Arias in the amount of $5,900.00. Motion was
made by Councilman Duffin seconded by Councilman Wentworth and car-
ried that the acquisition of property belonging to Mr. & Mrs. Fred
Wilson in the amount of $6,500.00 and to Dorothy Arias in the amount
of $5,900.00 be approved in regard to Northside Park Improvements
and that the Mayor be authorized to execute saiQ Purchase Agreements
on behalf of the City.
A Report on the Librany Architects' Agreement was presented
requesting approval of same. City Administrator Wood noted minor
modifications within said Agreement. Motion was made by Councilman
Duffin seconded by Councilman Wentworth and carried that the Agree-
. ment Contract'with M~. Robert Wong, Architect for the Library Im-
provement be approved and that the Mayor be authorized to execute
same on behalf of the City.
Discussion was had in regard to thi Bond Sale for the pro-
posed Library Facility.
City Administrator Wood presented and explained a Report in
regard to Pre-Construction Conference on the Water Pressurization
Project, Phase II (Reservoi rs).
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(
5 Yr. Cap. Imp.
Program
"
Sidewalk Imp.
Costs re:
Mirelez &
Puente prop-
pert i es-
Rosanna St.
Pub. Hear.
set 5-19-69
l;;..~4
Res.#1342 re:
Manhole Adj.
wi th inState
rightloflways
-
Res.#1343,re:
Eng.Fees &
Overt ime Chg.
(Subdivi-
sion Fees)
i
..~'''".,
Res.#1344 re:
Wage Scale
Pub .-Wks.
Contracts
~955
The Report .on the Five (5) Year Cap ita 1 Improvemen t Program
was tabled to the end of the meeting.
Director of Public Works reported on Installation Costs of
Improvements at 281 S. Rosanna Street (Ramiro Mirelez-Property Owner)
and requested Council to set a Public Hearing date of May 19, 1969
to confirm his report in regard to same and to hear any objections
or protests, if any, on said proposed assessment. He also requested
that the Public Hearing include property belonging to E. Puente
(Assessor.s Parcel #803-19-45) for proposed improvements to be in-
stalled by the City fronting on Rosanna Street. Motion was made by
Councilman Duffin seconded by Councilman Kennedy and carried that a
Public Hearing date of May 19, 1969 be set to hear the Report of
the Director of Public Works in regard to improvements installed on
R. Mirelez and E. Puente properties.
Director of Public Works Henry presented Resolution No. 1342
regarding Manhole Adjustments Within State Right-of-Ways, specifi-
cally requesting the State of California to abandon their new policy
for same, which required State.s Contractor to do this work. Motion
was made by Councilman Wentworth seconded by Councilman Silva that
the reading of Resolution No. 1342 be waived and that it be adopted.
RESOLUTION NO. 1342
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY REQUESTING THE
STATE OF CALIFORNIA, DEPARTMENT OF PUBLIC WORKS, DIVISION OF HIGHWAYS,
TO RETURN TO ITS PREVIOUS POLICY OF PAYING FOR THE COST OF RAISING
CERTAIN SEWER MANHOLES (OWNED BY PUBLIC AGENCIES OTHER THAN STATE)
TO GRADE OCCASIONED BY THE IMPROVEMENT OF STATE HIGHWAYS NOT FREE-
WAYS.
PASSED AND ADOPTED this 5th day of May, 1969, by the following vote:
AYES: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Pate, Silva,
Wentworth, and Goodrich.
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
NOES:
ABSENT:
Director of Public Works presented Resolution No. 1343 Estab-
lishing 3% Engineering and Overtime Charges for Subdivision Improve-
ments. Motion was made by Councilman 'Kennedy seconded by Council-
man Duffin that the reading of Resolution No. 1343 be waived and
that it be adopted.
RESOLUTION NO. 1343
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING
CERTAI N FEES FOR ENGINEERING AND INSPECTION SERVICES PERFORMED BY
THE CITY.
PASSED AND ADOPTED this 5th day of May, 1969, by the following
vote;
AYES:
COUNCIL MEMBERS:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Batrez, Duffin, Kennedy,
Wentworth, and Goodrich.
None
None
Pate, S i 1 va,
Director of Public Works Henry presented Resolution No. 1344
adopting the Wage Scale of Santa Clara County Board of Supervisors
(8-15-68) in regard to all Public Works. Contracts. Motion was
made by Councilman Wentworth seconded by Councilman Pate that the
.reading of Resolution No. 1344 be waived and that it be adopted.
..RESOLUTION NO. 1344
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING WAGE SCALES
FOR PUBLIC WORKS CONTRACTS.
PASSED AND ADOPTED this 5th day of May, 1969, by the following vote:
AYES: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Pate, Silva,
Wentworth, and Goodrich.
NOES: COUNC I L MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
2956
Cardroom Lic.
.S.R.Garcial
LaCopa Cafe
Res.#1345
re:Mutual
Aide Agree.
M.H.Rural
Fire Dist.
Fire Engine
repairs
Lib.&CuJ.Com.
appointmentl
A.J. Marsh
Res.#1346 re:
condmena-
tion pro-
ceed i ngs-
N.Side Pk.
Noted Chief of Police.s report recommending approval of a
Cardroom License application of S. R. Garcia for La Copa Cafe at.
1218 N. Monterey Street. Motion was made by Councilman Duffin
seconded by Councilman Wentworth and carried that issuance of a
Cardroom License to S. R. Garcia for La Cop a Cafe at 1218 N. Monterey
Street be granted.
The City Attorney presented and read Resolution No. 1345 ap-
proving a Day-to-Day Mutual Aide Agreement with Morgan Hill Rural
Fire District. Motion was made by Councilman Pate seconded by
Councilman Silva that Resolution No. 1345 be adopted.
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RESOLUTION NO. 1345
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RESO LUTI ON OF THE COUNC I L OF THE CITY OF G IIR OY APPROV I NG THE MUTUAL
FIRE PROTECTION A I D AGREEMENT WITH THE ,MORGAN HILL RURAL FIRE D I S-
STRICT.
PASSED AND ADOPTED this 5th day of May, 1969, by the following vote:
AYES: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Pate, Silva,
Wentworth, and Goodrich.
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
NOES:
ABSENT:
Fire Chief Brittain reported on required repairs to Fire
Engine #2, 1953 American La France. Discussion was had on the
matter. Motion was made by Councilman Wentworth seconded by Council-,
man Kennedy and carried that the required repairs to Fire Engine #2
as presented in the amount of $950.00 be authorized, amending the
1968-69 Budget Account #15B15 for the amount of same unbudgeted.
The Mayor presented the names of Mrs. Elisa Martinez and
Arthur J. Marsh, O.D. for selection of same to fill the unexpired
term of Mrs. Vernie Cowardin on the Library and Culture Commission. .
He a~ked if there were any other names to be presented for said ap-
pointment. There was no comment from anyone. The Council voted by
written ballot on the selection of their choice for said appointment.
The Mayor noted that Arthur J. Marsh, O.D. had received the majority
of the votes cast for said appointment. Motion was made by Councilman
Duffin seconded by Councilman Pate and carried that Arthur J. Marsh,
O.D. be appointed Library and Culture Commissioner to fill the un~
expired term of Mrs. Cowardin. (1-1-70)
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The City Attorney presented Resolution No. 1346 correcting'
the Legal Description in regard to Condemnation Proceedings of
Northside Park. It was noted that Councilman Duffin refrained from
entering into the discussion of said matter because of his interest
in said properties. Motion was made by Councilman Kennedy seconded
by Councilman Wentworth that the reading of Res~lution No. 1346 be
waived and that it be adopted.
RESOLUTION NO. 1346
A RESOLUTION DETERMINING AND DECLARING THAT THE PUBLIC INTEREST,
CONVENIENCE AND NECESSITY OF THE CITY OF GILROY REQUIRE THE CONSTRUC-
TION, OPERATION AND MAINTENANCE OF A PUBLIC PARK AND APPURTENANCES
THERETO ON THE PARCEL OF LAND HEREINAFTER DESCRIBED, ALL WITHIN
THE CITY OF GILROY, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA: AND ...
THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY DEMAND THE AC-
QUISITION OF CERTAIN REAL PROPERTY TO BE USED BY THE CITY FOR THE .....
CONSTRUCTION OF SAID PUBLIC PARK AND APPURTENANCES THERETO WITHIN
THE AREA AFORESAID: AND DECLARING THE INTENTION OF THE CITY OF
GILROY TO ACQUIRE SAID PROPERTY UNDER EMINENT DOMAIN PROCEEDINGS,
AND DIRECTING THE CITY ATTDRNEY OF THE CITY OF GILROY TO COMMENCE
AN ACTION IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND
FOR THE COUNTY OF SANTA CLARA, FOR THE PURPOSE OF ACQUIRING SAID
REAL PROPERTY.
PASSED AND ADOPTED this 5th day of May, 1969, by the following vote:
AYES: COUNCIL MEMBERS: Batrez, Kennedy, Pate, S"ilva, Wentworth,
and Goodrich.
NOES: COUNC I L MEMBERS: None
ABSENT: COUNCIL MEMEMBERS: Duffin
Plan.Policy
Com. Meet.
4-24-69
Lt. Harn re:
College
Grad.
iftP- '~
2957
The Mini Minutes of the Planning Policy Committee of Santa
Clara County Executive Committee Meeting of April 24, 1969 were
noted.
A memo in regard to College Graduation of Police Officer,
Lt. Harn, was noted. Council requested Staff to write a letter of
commendation to Lt. Harn on behalf of the City.
Co. Library Com. A letter from the Board of Supervisors in regard to a request
for submission of a name for possible appointment to the County
Library Commission was noted. The Mayor noted that Library and
Culture Commissioner Howard Smith indicated that he tentatively
would accept being submitted for selection on said County Library
Commission depending on the required time involved in said appoint-
ment. Council approved said name for submission to the County for
appointment on the Library Commission, subject to Commissioner
Smith's final approval.
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HUD re:Water
Reservoirs
Proj ect
-Co. Plan.Dept.
re:Creep
Soi Is &
Lands 1 ides
.I
United Nations.
Day Chair-
, man
~:<.l",-"i',;j
SB347 re:
S.F.Bay
Conserva-
t i 01')
Goodwi 11 Week
City Rights to
set Certai n
Salaries
Fire Servo
Recognition
Day
.., ,4
Assess.Proce-
dure changes
Sewer Adv.
Com. Work
Meet.
A letter from H.U.D. was noted approving the City.s Affir-
mative Action Program under the Water Reservoirs Project.
A letter from the County'Planning Department was noted in
regard to a Presentation on "Creep Soils and Landslides" scheduled
for May 7, 1969 at 10:00 a.m.
A letter from the United Nations' Association of the United
States was noted requesting appointment of a local United Nations.
Day Chairman. Council tabled action on same.
A letter from the Chairman of the Board of Supervisors was
noted Urging Support for SB#347 (San Francisco Bay Conservation).
Motion was made by Councilman Wentworth seconded by Councilman Duffin
and carried that Staff write local legislatures urging support of
same as requested.
A request from Goodwill Industries for a Proclamation in
regard to Goodwill Week was presented. The Council had no object-
ions to the Mayor proclaiming Goodwill Week May 4th-10, 1969 as
reques ted.
The City Attorney explained a report on Bishop v. City of
San Jose involving City Rights to Set CertainiSalaries. Motion was
made by Councilman Kennedy seconded by Councilman Silva and carried
that the City Attorney be authorized on behalf of the City of Gilroy
to join with cities supporting said issue involving City Rights to
set Certain Salaries.
A request of the International Fire Chiefs. Association was
noted for a Proclamation of Fire Service Recognition Day, May 10,
1969. Council had no objections to the Mayor proclaiming Fire Ser-
vice Recognition Day, May 10, 1969 as requested.
A letter from the County Director of Finance was noted in
regard to Assessment Procedure Changes.
At the request of Councilman Wentworth, Chairman of the
Council Sewer Advisory Committee, Council set May 13, 1969 at 8:00
p.m. as a Study Work Meeting of the Council Sewer Advisory Committee
to program and plan Sewer Farm operations with Sewer Treatment Plant
Operator, Sheldon Shelvock. It was noted that Councilmen Pate and
Silva were the other members of said Committee and the Mayor was
invited to attend said Committee Work Meeting.
2958
Co. Plan.
re:Creep
Soi 1 s &
Landslides
Elks' Bldg.
Site re:
Reservoir-Golf
Course
Property at
corner of
6th & Al ex-
ander "Rea
property"
We 11 s Fargo
Fence Bet-
ween City
Parking Lot
& W.F. Bank
Jt. Sewer-M.H.
Gilroy
Volume
PI an.Ass' t.
recruitment
Adjourned
"
Dept. Councilman Kennedy inquired if the Planning Commission had
received notice of the County Planning Departments. presentation
regarding IICree~ Soils and Landslides". It was noted by Secretary
of the Planning Commission Henry that the Planning Commission had
been informed of said presentation.
Councilman Kennedy, Chairman of Council Advisory Committee
for the Elks. Building Site reported in regard to a change order
approved by said Committee in regard.to location of the Septic Tank
for said building.
Councilman Kennedy requested that the City Water Department
signs be removed from the 'Reservoir site at the Golf Course property.
It was noted by Staff that the City is presently using said reservoir
on an emergency basis on'ly, and that said signs should remain. It
was also noted by Staff that water samples are take~ periodically
at said location and that the reservoir is under the City's mainte-
nance program.
N.E. Councilman Wentworth requested that the "Rea House" located,
at the northeast corner of Sixth and Alexander Streets recently
condemned be demo 1 i shed. I t was noted by Staff that demo 1 it Lon
proceedings are in progress by Staff for said building, but it has
not been condemned to date.
Councilman Wentworth inquired of progress if any, in City's
request for the Wells Fargo B~nk to remove the cyclone ,fence bet-
ween their property and the City's Parking Lot a~jacent to J. C.
Penney Co. City Administrator Wood noted that the local bank
favors removal of said fence, but had not received a reply from
their San Francisco Office on said matter.
Director of Public Works Henry reported in regard to Morgan
Hill sewage volume through the Joint ,Sewer Facilities. He noted
that approximate billing for March 1969 was $2,500.00 and for April
1969 - $2,700.00.
Personnel Director Reinsch reported on progress of Planning
Assistant recruitment.
At 9:35 p.m. the Mayor Adjourned the meeting to a Work Study
Sess i on of the Counc i 1 to discuss the five (5) Year Cap ita 1 I mprove-
ment Program proposals, noting the next regular Council Meeting to
be May 19, 1969 at 8:00 p.m.
Respectfully submitted,
,-::?/) I, I",.,
_, v {. ,., j,,~J..<.(
City Clerk
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