Minutes 1969/05/19
"';....
IJ...",,"
i.......
....,....
Roll Call
Minutes
Bids re: Rest-
room/Conces-
sion-Xmas
Hill Park
Pub. Hear.
re:Side-
wa 1 k Imp.
Res.#1347
.
Peti tion re:
Burke Dr.
69-1 Annex.
Ord.#852
2959
Gilroy, Cal ifornia
May 19, 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: Fred P. Baurez, George T. Duffin,
Mark E. Kennedy, John E. Pate, Anthony C. Silva, and Norman B. Goodrich.
Absent: Council Member: Everett C. Wentworth
The Minutes of the Regular Meeting of May 5, 1969 were approved
as mailed and recorded.
City Administrator Wood reported on the following bids received
for the Restroom/C6ncession Facilities proposed for Christmas Hill Park:
1. Woodside Homes, Inc. - Gilroy, $11,303.00; 2. Omniprise, Inc. - Mor-
gan Hill - $15,617.00; 3. John Brawley, Jr. - Gilroy, $11,050.00.
The City Attorney reported that the Brawley bid was in acceptable
form.
Motion was made by Councilman Kennedy seconded by Councilman
Silva and carried that the low bid of John Brawley, Jr. in the amount of
$11,050.00 be awarded for the RestroomlConcession Facil ities proposed
for Christmas Hill Park. City Administrator Wood noted that the origi-
nal estimate for said project was $15,000.00 and that a subsequent esti-
mate at $9,700.00 anticipated partially donated labor.
The Mayor stated that it was the time and place scheduled for a
Public Hearing on the Report of the Director of Publ ic Works for Side-
walk Improvement Costs at Rosanna Street for E. Puente and M. Mirelez.
Director of Public Works Henry reported that the cost of said
improvements were $400.00 for the Puente Parcel and $480.00 for the
M ire 1 e z Par ce 1.
The Mayor 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 Duffin seconded by Councilman
Kennedy and carried that the Public HearIng be closed;
Discussion was had in regard to the matter by Council.
The City Attorney presented Resolution No. 1347 Confirming said
Assessments and setting a 6% interest rate for same payable at $100.00
per year for a maximum period of five (5) years~ Motion was made by
Councilman Duffin seconded by Councilman Kennedy that the reading of
Resolution No. 1347 be waived and that it be adopted.
RESOLUTION NO. 1347
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING AND ADOPTING
THE REPORT OF THE DIRECTOR OF PUBLIC WORKS OF THE CITY OF GILROY ON THE
COST OF CONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS PURSUANT TO CHAPTER
20, ARTICLE VI I OF THE GILROY CITY CODE, ASSESSING PARCELS OF PROPERTY
FOR THE COST OF CONSTRUCTION AND DETERMINATION OF PAYMENT OF ASSESSMENTS.
PASSED AND ADOPTED this 19th day of May, 1969, by the following vote:
AYES: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Pate, Silva, and
Goodr i ch.
COUNCIL MEMBERS: None
COUNCIL MEMBER: Wentworth
NOES:
ABSENT:
A Petition received from all property owners requesting annexa-
tion of Inhabited Territory to be known as 11Burke Drive Annexation 69-1
to the CIty of Gilro~l was noted~
09('0
...- a
Peti tion re:
annex.
Golden
Gate 69-1
Ord.#853
The City Attorney presented Ordinance No. 852 annexing said
territory to the City, noting that same could be adopted without Publ ic
Hearing due to a new law allowing annexation of territory to a City
without Public Hearing or publ ication of same, if all property owners
sign said Petition.
Motion was made by Councilman Duffin seconded by Councilman
Batrez that the reading of Ordinance No. 852 be waived and that it be
adopted.
ORDINANCE NO. 852
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE
CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN INHABITED TERRITORY'
DESIGNATED AS "BURK DRIVE ANNEXATION 69-1 TO THE CITY OF GILROY" AND
FOR THE INCORPORATION OF SUCH ANNEXED TERRITORY IN AND AS A PART OF
SUCH MUN I C I PAll TY FOR THE GOVERNMENT AND MUN I C I PAL CONTROL THEREOF".
PASSED AND ADOPTED the 19th day of May, 1969, by the following vote:
AYES: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Pate, Silva, and
Goodr i ch.
COUNCIL MEMBERS: None
COUNCIL MEMBER: Wentworth
...
....
NOES:
ABSENT:
A Petition from Paul W. Bertuccio; Herman & Doris Berns; and
Bertram M. & Barbara C. Berns, property owners requesting annexation of
Uninhabited Territory to be known as "Golden Gate Annexation 69-1 to
the City of Gilroy" was noted. The City Attorney presented Ordinance
No. 853. Motion was made by Councilman Kennedy seconded by Councilman
Silva that the reading of Ordinance No. 853 be waived and that it be
adopted.
ORDINANCE NO. 853
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE
CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRI-
TORY DESIGNATED AS "GOLDEN GATE ANNEXATION 69-1 TO THE CITY OF GILROY"
AND FOR THE INCORPORATION OF SUCH ANNEXED TERRITORY IN AND AS A PART OF
SUCH MUNICIPALITY FOR THE GOVERNMENT AND MUNICIPAL CONTROL THEREOF.
PASSED AND ADOPTED the 19th day of May, 1969, by the following vote:
AYES: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Pate, Silva, and
Goodrich
COUNCIL MEMBERS: None
COUNCIL MEMBER: Wentworth
.....
tItII/IIJIII
NOES:
ABSENT:
Tax i oab Owner IS
Permit Permit
Res.#1348 at 465
Ye llow
Plan.Com.
Repo r t
5/15/69
An Application from James Francis Compton for a Taxicab Owner.s
(transfer from Franklin Eugene Compton) to operate a Taxi Service
Wes twood Dr i ve, G i 1 roy, to be known as "G i 1 roy Tax i II and "G i 1 roy
Cabll was noted.
The City Clerk presented Resolution No. 1348 granting said
Permit. Motion was made by Councilman Kennedy seconded by Councilman
Duffin that the reading of Resolution No. 1348 be waived and that it be
adopted.
RESOLUTION NO. 1348
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY GRANTING A TAXICAB
PERMIT.
PASSED AND ADOPTED this 19th day of May, 1969, by the following vote:
AYES: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Pate, Silva, and ...
Goodrich.
NOES: COUNC IL MEMBERS: None .....
ABSENT: COUNCIL MEMBER: Wentworth
Secretary of the Planning Commission Henry presented and ex-
plained the report of the Planning Commiss ion Meeti ng of Mat 15, 1969
noting a Public Hearing date of June 5, 1969 set before the Commission
on a petition of Hy Weisel to prezone property at the southwest corner
of Fitzgerald Avenue and Monterey Highway; noting a Public Hearing date
of June 5, 1969 set before the Commission on a petition of Horace Willard
for a rezoning of property on Hecker Pass Highway (First Street)
from "R_l" to IR-3" and "C-l"; noting granting of a Conditional Use
!",<",
.......
liiiit;,...",,"*
....,...
'\
lib. &Cult.
Com. Meet.
5/6/69
...
Personnel Com.
5/15/69
Plan.Ass't
Position
Monthly
Reports
Apr i 1169
Disburse-
ments
Salary In-
creases
Water Samples
Res. #1349 re:
Popu 1 at ion
es t imate
2961
Permit to Al Sanchez for construction and operation of an automobile
agency at the southeast corner of Church Street and Welburn Avenue;
recommending Council to set a Public Hearing date regarding proposed
Sections 68.1 to 68.9 and 68.24 of the new proposed sign ordinance;
Council agreed to set a Public Hearing on the Zoning Ordinance amendment
proposals in regard to the new Sign Ordinance following completion of
all publ ic hearings on same by the Planning Commission.
The Report of the Planning Commission also noted a Publ ic Hear-
ing date set for June 5, 1969 on the rezoning petition of Howson's Inc.
to rezone property south of Hecker Pass Highway (First Street) from
"R_l" to "R-4" and noting a Public Hearing date of June 19, 1969 before
the Commission on a rezoning petition of Larry Frisone to rezone proper-
ty at the southeast corner of Wayland Lane and Broadway from liP-Oil to
"C-l".
City Administrator Wood reviewed the minutes of the Library &
Culture Commission Meeting of May 6, 1969. Discussion was had in re-
gard to the Library Grant Funds, application for same recently denied.
Motion was made by Councilman Kennedy seconded by Councilman
Silva and carried that Staff be instructed to contact Legislatures re:
said Library Grant Funds.
Personnel Director Reinsch reported on the Personnel Commissions.
Special Meeting of May 15, 1969 regarding the Planning Assistant posi-
tion recruitment and recommending that Council approve the salary range
of 29.5 for the Planning Assistant position in the salary classifica-
tion plan. Discussion was had in regard to same. Motion was made by
Councilman Kennedy seconded by Councilman Pate and carried that a salary
range of 30.5 ($749.-$910.) be established for the position of Plan-
ning Assistant, subject to approval of same by the Personnel Commission.
The Personnel Commission Report further noted progress of the
Meeting and Conferring Committee, noting that a recommendation of said
Committee would be presented to Council at a later date.
The Summary of Monthly Reports of April 1969 was noted.
Council requested Staff to re-check Water Levels for Well No.2, which
appeared to be an inverted figure.
The Report of Disbursements from April 1, 1969 through April 30,
1969 were noted.
City Administrator Wood presented and recommended Salary Merit
Increases for the following employees to become effective June 1, 1969;
Thomas Lawson, Patrolman - Range 26.5 from Step "B" $647 to Step "C"
$680.00 and Robert Elia, Utility Man - Range 21.5 from Step "C" $533.00
to Step "D" $560.00. Motion was made by Councilman Duffin seconded by
Councilman Silva and carried that the salary merit increases be granted
as recommended, to become effective June 1, 1969.
The Report of satisfactory Water Samples taken by the Santa Clara
County Health Department was noted.
City Administrator Wood requested authorization to execute an
Agreement with the State Department of Finance for a Population Estimate.
Motion was made by Councilman Duffin seconded by Councilman Silva that
the reading of Resolution No. 1349 be waived and that it be adopted.
RESOLUTION NO. 1349
A RESOLUTI ON OF THE COUNC I L OF THE CITY OF GILROY AUTHOR I ZING EXECUT ION
OF AN AGREEMENT WITH THE STATE DEPARTMENT OF FINANCE REGARDING A POPU-
LATION ESTIMATE.
PASSED AND ADOPTED this 19th day of May, 1969,by the following vote:
AYES: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Pate, Silva, and
Goodrich.
NOES: COUNC I L MEMBERS: None
ABSENT:
COUNCIL MEMBERS: Wentworth
2$:2
_.:-~:)
Bonanza Day Committee be allowed use of Christmas Hill Park on June 29,
1969 for the Barbecue occasion as requested with 50% of the parking
area on a reserve basis to be occupied by barbecue patrons at said
occas ion. (I t was noted that use oJ said faci 1 i ties by Bonanza Day
Committee was allowed with all fees waived).
Boundary- A letter from the Local Agency Formation Commission was noted
in regard to Gilroy-Morgan Hill Boundary Agreement, requesting comple-
tion of same. Council requested City Administrator Wood to arrange a
Work Meeting with Morgan Hill City Council in regard to said Boundary
Agreement and to discuss the pol icy in regard to out-side users of
the Joint Morgan Hill-Gilroy Sewer Interceptor Line.
Gil-M.H.
Agree.
Financial
Letter
Plan.Policy
Com. Meet.
4/24/69
Amend. re:
Bl dg.
Codes
8th St.
Proposed
Imp. Di st.
Stelling Prop.
Adjacent
to Xmas
Hi 11 Park
Pub.Hear.re:
Sidewalk,
Curb/& or
gu t te r
repr.andl
or cons t.
Weed Abate.
Program
~
...
A Muncipal Financing Letter from Stone & Youngberg, dated
May 1, 1969 was noted.
The Minutes of the Planning Policy Committee Meeting of April
24, 1969 were noted.
It was noted by Director of Public Works Henry that presenta-
tion of the proposed new Building Codes is anticipated for the June 2,
1969 regular Council Meeting if the Advisory Committee is able to have
a final meeting prior to said date.
Director of Public Works Henry noted that the proposed Eighth
Street Improvement District is progressing in regard to presentation
of same to Council for formation of said Assessment District.
The City Attorney reported that the City could purchase the 7
acres of property from John Stelling in the amount of $17,500.00 on a
Time Purchase Agreement since the law allows cities to enter into such
an agreement if the City's receipts exceed their expenditures by the
amount of the Time Purchase Agreement. Council instructed Staff to
prepare the necessary documents for said type of purchase. City
Administrator Wood recommended that said time purchase agreement be on
a seven (7) year basis with a City option to pay-off said debt at an
earlier date if the City desired.
.....
liIIIIJIIII
Director of Public Works Henry requested Council to set a Publ ic
Hearing to hear his Report on Proposed Sidewalk, andlor curb and gutter
improvement installations. Motion was made by Councilman Duffin
seconded by Councilman Kennedy and carried that a Public Hearing date
of June 2, 1969 be set for said Public Hearing regarding proposed
Sidewalk andlor curb & gutter improvements.
Councilman Silva requested Staff to include the Industrial Park
in the Weed Abatement Program. City Administrator Wood noted that
same is included in the City's Weed Abatement Program.
Bay Area Pollu- Councilman Batrez noted that he had obtained available informa-
tion Back- tion in regard to Community Incinerators approved by the Bay Area
Yard Burn- Pollution Control for use in residential areas for back-yard burning. ...
ing prohi-
bited ...
Tree Spray-
i ng Prog.
Traff i c
Signal
Modifica-
tion
Director of Public Works Henry noted that the City will conduct
a third Tree Spraying Program for trees located in the parkways.
Director of Public Works Henry requested approval to disburse
funds to the State of California in the amount of $4,700.00 in the
1968-69 fiscal year, same being for Signal Modifications on Monterey
Street payable in advance of said improvements, previously authorized
by Counci 1.
Motion was made by Councilman Duffin seconded by Councilman
Silva and carried that the 1968-69 Budget Account 31C2 be amended to
allow for said expenditure in the amount of $4,700.00.
Princevalle
Storm
Drain
Agree. re:
S.C. Co.
Jail Servo
!jIoi'" "''\,
-.....
Fire Head-
quarter's
Architect
proposal
5 Yr. Cap.
Imp.
Program
Budget Work
Sessions
Sewer Quality
Control
Ord.
-..,""
Intro.Ord.
re:ldentity
Permits re:
So 1 i c i tors,
etc.
S.C.Co.Trans.
Po 1 icy Com.
Meet.
4/9-23/69
Co. Land Dev.
Regula-
tions
I...,....
Lib.Grant
Appl ic.
Bonanza Days
Committee
requests
~q
<::;:::-
( /')
/ <.' '\..
City Administrator Wood reported on an executed Agreement in
regard to the Princevalle Storm Drain for informational purposes.
City Administrator Wood requested execution of an Agreement with
Santa Clara County for Jail Services. Discussion was had on the matter.
Motion was made by Councilman Kennedy seconded by Councilman Duffin
and carried that the City Administrator and Mayor be authorized to
execute the Agreement with the County as presented for Jail Services.
City Administrator Wood requested Selection of an Architect Re-
view Committee for the New Fire Headquarter's Station and rerommended
that Fire Chief Brittain be appointed as a member on said Advisory
Committee for the selection of an Architect. The Mayor requested
Council to present names for selection of said Committee at the next
meeting.
City Administrator Wood presented the Five (5) Year Capital Im-
provement Program noting changes previously requested by Council.
Motion was made by Councilman Kennedy seconded by Councilman Duffin
and carried that the Five (5) Year Capitall'mprovement Program as
amended be approved.
Council set May 20, 1969 at 3:00 p.m. as the first Work Meeting
of the Council to review the 1969-70 Preliminary Budget.
City Administrator Wood reported on a proposed Sewerage Quality
Control Ordinance requesting Council to authorize preparation of same
for introduction at the next regular Council Meeting. Council instruc-
ted the City Attorney to prepare said proposed ordinance for introduc-
tion at the next Council Meeting. Director of Public Works Henry re-
quested certain changes in the proposed ordinance, same to be included
in the proposed ordinance.
The City Attorney presented and explained a proposed ordinance
amending City Code Section 16A regarding identity cards for Peddlers,
Solicitors, Hawkers, Itinerant Merchants, Vendors, etc. Motion was
made by Councilman Kennedy seconded by Councilman Silva and carried
that the proposed ordinance regarding identity permits for Solicitors,
etc. amending City Code Section 16A be introduced and publ ished by
title and summary.
The Minutes of the Santa Clara County Transportation Policy
Committee Meeting of April 9, 1969 and Special Meeting of April 23,
1969 were noted.
A request of the Inter-City Council was presented for a resolu-
tion in regard to "County Land Development Regulations". Director of
Publ ic Works Henry noted that same had previously been adopted by
Council and presented to the County at their first Public Hearlng in
regard to said regulations.
City Administrator Wood presented and read a letter in regard to
the City's appl ication for a Library Grant previously noted under the
Report of the Library and Culture Commission.
A request of the Bonanza Days' Committee was presented request-
ing closing of Monterey Street on June '28, 1969 and June 29, 1969 for
the Bonanza Days. Parades and for use of Christmas Hill Park on June
29, 1969 with reserved parking for Barbecue patrons. Motion was made
by Councilman Duffin seconded by Councilman Silva and carried that the
request of Bonanza Days. Committee to close Monterey Street on June
28, 1969 and June 29, 1969 for parades be granted.
Discussion was had in regard to the request for reserved park-
ing at Christmas Hill Park for the Bonanza Day Barbecue. Motion was
ffi.-:lrlP hv r.,,"nrilm.-:ln nllffin c:;pc:nnnpn hv Cnllnc:ilman Pate and carried that
2964
P & R Com.
Comments
re:Purchase
of Stel-
ling
prop.
Personnel Com.
Michael A.
F i 1 i ce res i -
gnat i on
Director of Parks & Recreation Ayer noted that the Parks and
Recreation Commission~have requested Council to delay purchase of
the Stelling properties adjacent to Christmas Hill Park at thrs time
and requested use of said funds for development of proposed Northside
Park. Council took said matter under advisement.
The Mayor presented a letter from Personnel Commissioner,
Michael A. Fil ice resigning from said Commission. Motion was made
by Councilman Pate seconded by Councilman Silva and carried that
Personnel Commissioner Filice's letter of resignation be accepted with
re gre t.
The Mayor requested that Council present names of interested
citizens eligible for appointment to said Commission to fill the un-
expired term of Michael A. Filice (1-1-70).
League of Calif. The Mayor noted the Peninsula Division Meeting of the League
Meet. of California Cities on May 22, 1969 in Santa Clara.
At 10:03 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
"-'-')
"
I
./
Ie:'
. /.
-=-'~Li..~ }':'I'''L(~ lj"
j
<>_,..,...._.M_..._'...~_.-.-.
to':! ./j/,,'-.-
City Clerk