Minutes 1967/06/05
..,..,.::;,""-
Roll Ca 11
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Minutes
Bids:re: '67
St. Paving
Proj .#67-2
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Bids: re: S.
Chestnut St.
Ext.Proj.
1967-1
Award ,of bid
re: 67-2 St.
Paving
Pub.Hear.re:
S.Chestnut St.
Ext.-67-1
.....
......
2667
Gilroy~California
June }OJ' 1967
'5
The Regular Meeting of the ~ilroy City Council was called
to order by His Honor Norman B. Goodrich at 8:02 p.m.
Present: Council Members: John E. Allemand, George T. Duffin,
,Mark E. Kennedy, Jr., Charles F. Quartiroli, Everett C. Wentworth,
and Norman B. Goodrich.
Absent: Council M~mber: Anthony C. Silva.
The Minutes of the Regular Meeting ~f May 15, 1967 and of
the Special Meeting of May 23, 1967 were approved as mailed and
recorded.
The City Engineer reported on bids opened at 2:00 p.m. on
June 5, 1967 for Improvement of certain City Streets regarding
Project 1967-2. He stated that the following bids were received:
1. A.~. Raisch Paving Company of San Jose - $26,490.00; 2. L.C.
Smith Co. of San 'Jose - $27, 033.00; 3. Leo F. PJ.azza Paving Com-
pany of San Jose - $30,157.00; and 4. Granite Construction Co. of
Watsonville - $24,785.65.
Councilman Anthony C; Silva entered during the report on
the above bids and took his seat at the Council Table.
The City Engineer recommended that the low bid of Granite
Construction Company be awarded for the 1967 Street Paving Project
No. 1967-2. Said bid was referred to the City Attorney for check-
ing.
The City Engineer reported on bids opened Thursday, June 1,
1967 for South Chestnut Street Extension - Project No. 1967-1. He
stated that the following bids were received: I. Radtke & Son -
Gilroy - $131,469.47; 2. Thomas Construction Co. of Fresno -
$137,234.70; 3. L.C. Smith Co. of San Jose ~ $136,275.40; 4. Geo.
C. Renz Construction Co. of Gilroy - $121,150.50; 5. Granite
Construction Co. of Watsonville - $122,594.00; and 6. S.R.
Spencer of Gilroy - $122,732.90 and recommended that the award of
said bi~ be tabled to the Public Hearing on said project.
The City Attorney reported that the low bid:of Granite
Construction Co. in the amount of $24,785.65 for the 1967 Street
Paving Project 1967-2 was in order. Motion was made by Council-
man Quartiroli seconded by Councilman Allemand and carried that
the bid of Granite Construction Company for ,the 1967-2 Street
Paving Projects be awarded in the amount of $24,785.65.
The Mayor stated that it was the time and place scheduled
for the Public Hearing on the Engineer's report regarding Improve-
ment'of South Chestnut Street Extension - Project No. 1967-1.
City Engineer Henry presented and explaJned said Report. The
City Clerk presented and read a written protest from Bruce Jacobs,
Attorney-at-Law, representing the property owners of the proposed
District, protesting to the method of assessing the owners on a:
front foot basis explaining that the property owners had previously
entered into an agreement between themselves that the assessment
of any proposed district be on an acreage basis. The Mayor asked
if there was anyone in the audience wishing to speak against for-I
mation of the proposed assessment district.
Mr. Bruce Jacobs addressed the Council and reported that the
agreement of the property owners was signed by all property owners
in the proposed assessment district.
Mr. Jack Howson addressed the Council and states that he
would agree to the proposed assessment if same were calculated on
an acreage'bas.s.
MD. Donald Engle, property owner, addressed the Council
and stated that since he had signed the agreement requesting that
1. .' ,n ,,, 8
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said assessment be calculated on an acreage basis he was not
aware that the majority of Cities in Santa Clara County.s method
of assessing was on a front foot basis and if the City of Gilroy
wished to follow the common practice of other cities in the
County that he did not wish to protest the City of Gilroy's
method of assessing.
Mr. Bruce Jacobs addressed the'Council and stated that he
has an Agreement signed by Mr. Engle regarding assessing on an
acreage basis and that he believes in what he signs.
.....
Mr. Engle addressed the Council and stated that at the
present time he is not in opposition to the City's method of
assessing and states that the property owners should not object
to the City's method of assessing.
.....
Mr. Edward Hassell, of 37 So. Chestnut Street, Gilroy, ad-
dressed the Council and inquired as to the further extension of
South Chestnut Street north of 6th Street. The Mayor infdrmed
Mr. Hassell that properties not within the present proposal of
S. Chestnut Street at this time is out of order and that the
issue at this moment is the proposed extension ,of 'south Chestnut
Street as outlined in the Engineer's Report.
City Engineer Henry explained the method of;assessing on a
front foot basis vs. acreage basis.
Mr. Bruce Jacobs addressed the Council and stated that the
Agreement between the property owners in the proposed assessment
district was what the entire property owners agreed upon and that
no one else should enter into the matter if they desired the
assessment to be on an acreage basis.
Mr. Phil Assaf, Bonding Attorney for the City, addressed __
the Council and stated since the time the said Agreement was
signed the property owners have changed and this is why it is ~
necessary to have a Public Hearing so that if anything has arisen
subsequent to any agreements and prior to formation of an Assessment
District all matters can be hear.d., He further stated that the
Agreement referred to is not binding upon the City that it is
between the property owners only and that the City Engineer decides
the method of assessment which he believes in his judgement to
be the most equitable to all property owners.
Further discussion was had from Mr. Bruce Jacobs and Mr.
Donald Engle regarding the method of. assessing for formation of
the propesed district.
Mr. Jack Howson, addressed the Council, and stated that he
would agree to formation of the proposed assessment district if
the method of assessing was on an acreage basis rather than a
front foot basis as recommended by the City Engineer.
Mr. Samuel R. Spencer, addressed the Council, and reported
that the two parcels that he sold to the Bank of America and
Spartan Construction Company were purchased with knowledge of
the Agreement that any assessments would be calculated on an
acreage basis and that said owners would sign an Agreement with
the same terms if necessary.
--
,Mr. Phil Assaf, Attorney, reported that the law allows the
City Engineer to determine the method of calculating assessments
according to benefit and that if an acreage method was used, it
would be necessary to create zones which WDuld eliminate the back
portion of the parcles and that the figures would result approx-
imately the same as the front foot method calculation. Mr. Assaf
recommended that the Public Hearing be continued to June ~9, 1967
to determine if the property owners could come to an agreement on
the method of assessmerrts for the proposed district. That if
same were closed at this time it would prohibit any further evi-
dence to be presented regarding the proposed Assessment District.
Motion was made by Councilman Quartiroli seconded by Councilman
Kennedy and carried that the Public Hearing be continued to Monday,
June 19, 1967 at 8:00 p.m., Council Chambers, 10 South Rosanna
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Recess
.......
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Pub.Hear.Re:
rezoning M.
Chiesa's
Property-
N.MontereySt.
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...
Bethel Church
Building
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'2669
Street, Gilroy, Califom ia.
City Administrator Wood noted that the City would furnish
the property owners with any information desired regarding
formation of the proposed Assessment District for the South
, Chestnut Street Extension Project 1967-1.
At 9: 15 p.m. 'the Mayor declared a recess.
At 9: 16 p.m. the Mayor called the Council Meeting to order.
Counc i lman Quart i roll requested permi ss i on to be excused. The
Mayor excused Counc 11 man Quar t i ro 1 i .
The Mayor stated that it was the time and place for the
Public Hearing on the proposed rezoning of M. Chiesa1s 16.44 acres
fronting Monterey Highway north of Farrell Avenue. The Mayor
asked if there was anyone in the audience wLshing to speak for or
against the proposed rezoning. There was no comment from anyone
in the audience. Mo'tion was made by:Councilman Allemand seconded
by Councilman Wentworth and carried that the Public Hearing be
closed.
Councilman Quartiroli entered and took his seat at the
Council table.
Discussion was had regarding the Official Plan Lines pro-
posed on Wren Avenue and on North Church Street extension. Mr.
M. Chiesa asdressed the Council and stated that he would be in
accord with any official plan lines proposed for North Church
Street in connection with his property now proposed for rezoning.
The City Attorney presented and read a proposed adinance rezon-
ing the said property of M. Chiesa located on North Monterey
Highway north of Farrell Avenue. Motion was made by Councilman
Wentworth seconded by Councilman Duffin and carried that the
proposed ordinance be introduced and published:bytitle and
summary.
The Mayor noted that he would deviate from the Agenda to
accomodatethose interested persons in the audience present for
two different items.
The Mayor requested that City Administrator Wood present
his report on the Building Permit-issued the:Bethel Cburch for a
proposed building at 350 West Eighth Street. City Administrator
Wood presented and explained said report. The City Attorney
presented an opinion on issuance of said building permit to the
Bethel Church. 'He noted that the question was whether said intent
was to expand the present Church building or completely rebuild
an entirely new building.
Mr. David Gi lchrist, Architect for ,the Bethel Church, ad
dressed the Council and explained that he had received corres-
pondence from the Building Department of the City of Gilroy that
the proposed plans to reconstruct a .church at 350 W. 8th Street.
had been approved and requests that the suspension of said
building permit be removed and that they be allowed to proceed
with construction of said church building.
Rev. Pete Presiado, Resident Agent of the Latin-American
Church, addresses the Council on behalf of the Latin American
people of Gilroy and requested that said church building be
allowed.
The Mayor asked if there was anyone in the audience wishing
to speak 'for or against the proposed church building.
Mr. Joseph Ordaz, addressed the Council, and objected to
the construction of said church building' on the basis that there
was not sufficient parking spaces provided for said building.
Further discussion was had by the Council on the matter of
issuance of said building permit.
Ord.#797 re:O.P.L.'s Ordinance No. 797 was presented for adoption establishing
N.Chestnut St. Official Plan Lines for North Chestnut Street from Lewis Street to
Leavesley Road. Motion was made by Councilman Wentworth seconded
by Councilman Duffin that the reading of Ordinance No. 797 be
waived and that it be adopted. ORD.797 - ADOPTING O.P.L'S FOR NORTHERLY
EXTENSION OF CHESTNUT ST. FROM LEWIS ST. TO LEAVESLEY RD.All Council voting
Motion was made by Councilman Kennedy seconded by Councilman
,Duffin and carried that the awarding of bids for the proposed South
Chestnut Street Extension Project 1967-1 be continued to the Public
Hearing for said project on Monday, June 19, 1967.
9670
Proposa 1 re:
City Lands
( Elks)
Bids: re:S.
Chestnut St.
Ext.1967-l
1967-2 Street
Paving Proj.
Plan.Com.Meet.
5/25/67
Plan. Com. Meet.
6/1 /67
Mr. Alfred Perez, Legal Council of the Gilroy Office of
California Rural Legal Assistance, addressed the Council and re-
quested that the Council ,should consider the fact that the building
permit for construction of said church b~ilding has already been
issued and that the Councll should consider the moral obligation.
City Administrator Wood clarified a question of Mr. Joe
Ordaz stating that he had contacted the City regardihg the issuance
of a building permit prior to issuance of the second permit and
Mr. Ordaz was advised that the permit was originally issued under
an examption provided in Section 53.2 of the Zoning Ordinance.
......
Rev. Alvarado, Representative of the District Churches of
California, addressed the Council and inquired about the petition
containing 20 sLgnatures of Gilroy residents objecting to said
church building. City Administrator Wood informed Rev. Alvarado
that the objection to same was on the basis of not suffici~nt
. Iparking spaces being provided.
....."
Mr. John San Miguel, Representing the Area Service Center,
asdressed the Counc i 1 ,and recommended that the Bethe 1 Church Group
be allowed to construct said church.
Motion was made by Councilman Duffin seconded by Councilman
Wentworth and carried that the Building Permit be reinstated for
the proposed Church Building at 350 West 8th Street, Gilroy.
Discussion was had regarding an injunction against the
building permit allowed. The City Attorney informed Council that
same if filed would not be against the City, that the building
would merely be stopped.
The Mayor requested that the Report on City Lands located
adjacent to the Gilroy Municipal Golf Course be presented at this
time. City Administrato~ Wood presented and explained said report.
Motion was made by Councilman Quartiroli seconded by Councilman
Silva and carried that the City sell a portion of property located
adjacent to the Gilroy Municipal Golf Course, said portion to_be
determined and conditioned by Council at a later date.
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Mr. John Klarich, Chairman of the Elks Lodge Building
Committee, addressed the Council and presented an offer of $5,000.00
per acre for five requested acres subject to the Board of Trustees
and Membership of said B.P.O.E. organization, and subject to a
favorable site report. Council requested that the Elks organization
present said offer in writing. It was noted that the City would
also obtain an appraisal report on said offer prior to acting
upon sale of said lands.
,\,
"AYE".
City Engineer Henry further reported on the 1967-2 Street
Paving Projects giving in detail the specific streets affected by
sa i d proj ect.
...
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Secretary of the Planning CommiBsion Henry presented and
explained the report of the Planning Commission Meeting of Thurs-
day, May 25, 1967 informing Council of a Condit~onal Use Permit
granted Atlantic Richfield Oil Co. to construct a Service Station
at the Southwest corner of Leavesley Road and Murray Avenue.
Secretary of the Planning Commission Henry presented and
explained the report of the Planning Commission meeting of Thursday,
June 1, 1967 informing Council of their review of the Tentative
Map of a proposed Subdivision "Northwood'J, submitted by Bollenbacker
and Kelton Developers to be located on Morey Avenue 800 feet north
of Hecker Pass Highway and tabling same to the June 15, 1967
meeting for recommendation; also informing Council that Planning
26'71
Consultant, Mr. Warren Jones, in conducting a st~dyof parking
requirements for various uses in other Cities as compared to the
requirements of the City of Gilroy.
State Legislation City Administrator Wood reported on Pending State Legisla-
tion. Motion was made by Councilman Quartiroli seconded by Council-
man Kennedy and carried that'the City follow the recommendations of
said legislation as prepared by the League of California Cities to
be presented to our Legislators.'
".....
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Water Samples City Administrator Wood presented a report on satisfactory
Water Samples taken by the Santa Clara County Health Department.
Council agreed that said report be filed.
Budget Amend.
re: 6B6
Annual Fire
Dept.Report
Budget .Amend.
22B8
City Administrator Wood presented a request for a Budget
Amendment to Planning Commission Account 6B6 in the amount of
$1',354.00 to allow for the City.s share under the 701 Planning
Study. Motion was made by Councilman Wentworth seconded by
Councilman Quartiroli and carried that the 1966-67 Budget be
amended to increase Account 6B6 tn the amount of $1,354.00 as
requested.
The Annual Report of the Gilroy Fire Bepartment was noted
and discussed. Fire Chief Brittain was commended on said Report.
City Administrator Wood presented a request for a Budget
Amendment to Parks and Recreation Account 22B8 in the amount of
$1,000.00 for purchase received from the Economic Opportunity
Commission as per their Agreement for summer recreational activi-
ties. Motion was made by Councilman Allemand seconded by Council-
man Wentworth and carried that the 1966-67 Budget be amended to
increase Account 22B8 in the amount of $1,000.00 as requested.
Ord.Codification City Administrator Wood presented a report on a Codifica-
Agreement tion Agreement for cofification of ordinances. Motion was made by
Councilman Wentworth seconded by Councilman Duffin and carried
that the Mayor or City Administrator be authorized to wxecute an
Agreement for Codification of Ordinances.
I"""""
....
So.Co.Airport City Administrator Wood presented a report on the South
County Airport Plan. He noted that a Meeting should be requested
with the Board of Supervisors to discuss this matter. The Mayor
instructed the City Administrator to arrange for said meeting.
Health Ins. City Administrator Wood reported on Group'~Hea1th Insurance
Council Members forCity Officials. Motion was made by Councilman Wentworth
seconded by Councilman Allemand and carried that the City Council
Members desiring to be included in the City.s Group Health Insurance
be approved and that the premium for the insured be paid by the
City and dependents if any, be paid by the insured.
Ord.re: Bicycle The City Attorney presented and explained a proposed
Licensing ordinance regarding Modification to the Bicycle License Ordinance.
Motion was made by Councilman Wentworth seconded by Councilman
Allemand and carried that the reading of the proposed ordinance
be waived and that it be published by title and summary.
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St.Hwy. Com. Meet. A letter from the State,Highway Commission was presented
re:10l Bypass confirming the City.s presentation at the Commissions. July Meeting
regarding the 101 Bypass.
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Junipero Serra
Freeway
Maint.re:
N. Church St.
A letter from the'Town of LOs 'Altos Hills was presented in
regard to Prohibiting Truck Traffic on Junipero Serra Freeway.
Said letter was ordered filed.
Director of Public Works Henry reported that the dirt in
the gutter on the North Church Street Extension P.roject will be
removed.
Golf Course Com. Councilman Duffin inquired of the proposed Golf Course
Meeting Committee meeting with the Board of ,Trustees~ City Administrator
Wood noted that said meeting was pending for an offer of adjacent
lands from Mrs. Marsten and that the Appraisal of said lands had
.1~;7')
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been received and a report of same will be placed on the next
Counc i 1 Agenda.
Sewer Com.Meet. City Administrator Wood noted the Sewer Committee Meeting.
on Tuesday, June 6, 1967 at 8:00 p.m.
Res.#112l & $1122 The City Attorney presented and read Resolution No. 1121
re:overchg. regarding Settlement for overcharging of past pipe purchases.
pipe Motion was made by Councilman Wentworth seconded by Councilman
Duffin that Resolution No. 1121 be ado~ted.
RESOLUTION RE: DISTRIBUTION
PASSED AND ADOPTED this 5th
vote:
AYES: COUNCIL MEMBERS:
OF SETTLEMENT FUNDS AMOUNG PLAINTIFFS.
day of June, 1967, by the following
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RESOLUTION NO. 1121
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Allemand,Buffin,Kennedy,Jr., Quartiroli,
Silva,Wentworth,and Goodrich
None
None
The City Attorney presented and reaq Resolution No. 1122
regarding Memorandum for above Settlement. Motion was made by
Councllman Wentworth seconded by Councilman Allemand~that Resolu-
tion No. 1122 be adopted.
RESOLUTION NO. 1122
RESOLUTION RE: MEMORANDUM OR UNDERSTANDING FQR SETTLEMENT OF WEST
COAST PIPE CASES BETWEEN ALL PLAINTIFFS AND CERTAIN DEFENDANTS.
PASSED AND ADOPTED.this 5th day of June, 1967, ,by the following
vote:
AYES: COUNCIL MEMBERS: Allemand,Duffin,Kennedy,Jr.,Quartiroli,
Silva,Wentworth, and Goodrich
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCIL MEMBERS: None
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I.O.O.F. Ave. Councilman Allemand stated that he would put some temporary
ext.maint. fill on I.O.O.F. Avenue extension. Director of Public Works Henry
noted that it would be replaced with aggregate by the City as
soon as possible.
Res.#1123 re:
Easement for
Water Main
Ext.-Luchessa
Director of Public Works Henry presented a resolution
authorizing execution and acceptance of an Agreement with the
Southern Pacific Railroad regarding an eas~ment to extend a water
main~b~d~r_the railroad crossing at Luchessa Avenue. Motion was
made by Councilman Allemand seconded by Councilman Duffin that
Resolution No. 1123 be adopted.
RESOLUTION NO. 1123
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN
EASEMENT FOR THE INSTALLATION OF A 12 INCH WATER MAIN AT THE
LUCHESSA AVENUE CROSSING IN GILROY AND AUTHORIZING ITS EXECUTION.
PASSED AND ADOPTED this 5th day of Julie, 1967, by the following
vote:
AYES:
COUNCIL MEMBERS:
Allemand,Duffin,~ennedy,Jr.,Quar:tiroli ,
Silva, Wentworth, and Goodrich
None
None'
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
~
Proposed Library The Mayor appointed Councilman Wentworth to meet with the
Tax Board of Supervisors at their request to represent the City regard-
ing the proposed County-wide Libeary Tax. Said meeting to be held
on June 15, 1967 at 3:00 P.M.
.......
Hwy.Com.-
Kiwanis
Speaker
City Administrator Wood noted that Highway Commissioner~
Mr.Cristina, will speak at the next regular meeting of ,the
Kiwanis Club if any of the Council who are non-members wish to
attend, arrangements can be made.
Adjourned
At 11:23 p.m. motion was made by Councilman Allemand
seconded by Councilman Wentworth and carried to adjourn.
Respectfully s",~~~.
~r~'/'~d\