Minutes 1969/08/18
Roll Call
Minutes
Res.#1378
E.J. Chesbro
Introduction
new emp I .
Pub.Hear.re:
re~pning
Frisone Prop.
'Res.#1379
..'
Res.#1379
3001
Gilroy, California
August 18, 1969
The Regular Meeting of the Gilroy City Council was called to
order by His Honor Mayor Norman B. Goodrich at 8:00 p.m.
Present: Council Members: Fred P. Batrez, George T. Duffin,
Mark E. Kennedy, John E. Pate, Everett C. Wentworth, and Norman B.
Goodrich.
Absent: Counci 1 Member: Anthony C. Si lva.
The Minutes of the Regular Meeting of August 4, 1969 were
approved as mailed and recorded.
The City Attorney presented and read Resolution No. 1378
in memory of Dr. Elmer J. Chesbro. Motion was made by Councilman
Wentworth seconded by Councilman Duffin that Resolution No. 1378 be
adopted.
RESOLUTION NO. 1378
RESOLUTION IN MEMORY OF DR. ELMER ~. CHESBRO.
PASSED AND ADOPTED this 18th day of August, 1969, by the following
vote:
AYES:
COUNCIL MEMBERS:
Batrez, Duffin, Kennedy, Pate, Wentworth,
and Goodrich.
None
Silva
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
The Mayor reported that he would del iver said resolution to the
family of Dr. Chesbro.
The Mayor introduced two new employees: Max W. Knechtel and
Albert G. Wilson, Util ity Men.
The Mayor stated that it was the time and place scheduled for
the Publ ic Hearing on the rezoning request for property at 10 Wayland
Lane from IIp_O'' to "C-l" belonging to Larry Frisone. He asked if
there was anyone in the audience wishing to speak for or against the
proposed rezoning. There was no comment from anyone in the audience.
Director of Public Works-City Engineer Henry explained the
rezoning request and recommendation of the Planning Commission to
deny said rezoning.
The Mayor again 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 Kennedy seconded by Councilman
Duffin and carried that the Publ ic Hearing be closed.
Discuss i on was had by Counc i I in regard to the proposed re-
zon i ng reques t.
Motion was made by Councilman Duffin seconded by Councilman
Wentworth and carried that the rezoning request of Larry Frisone for
property at 10 Wayland Lane be denied. The City Attorney presented
and read Resolution No. 1379 denying said rezoning request. Motion
was made by Councilman Duffin seconded by Councilman Pate that
Resolution No. 1379 be adopted.
RESOLUTION NO. 1379
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DENYING THE APPLICATION
OF LARRY FRISONE TO PREZONE A 17,792 SQUARE FOOT LOT AT THE SOUTH-
EAST CORNER OF WAYLAND LANE AND BROADWAY FROM c-o DISTRICT TO
C - I D I S TR I CT.
3002
Pub.Hear.re:
Ke i th Ha 11
Co.
Res. #1380
Ke i th Ha 11
rezoning
PASSED AND ADOPTED this 18th day of August, 1969, by the following
vote:
AYES:
COUNCIL MEMBERS:
Duffin, Kennedy, Pate, Wentworth, and
Goodr ich.
Batrez
Silva
NOES:
ABSENT:
COUNCIL MEMBER:
COUNCIL MEMBER:
The Mayor stated that it was the time and place scheduled
for the Publ ic Hearing on the rezoning request of Keith Hall Company
for a parcel located on the west side of Wren Avenue, 400 feet north
of La Alondra Way for an "R_4fl use in a fiR-I" District.
Secretary of the Planning Commission Henry explained the
recommendation of the Planning Commission approving said zoning
request with an exception, specifically that said zoning be approved
subject to a lodge being built by Keith Hal I Company at said location.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposal. There was no comment from any-
one in the audience.
Motion was made by Councilman Pate seconded by Councilman
Wentworth and carried that the Public Hearing be closed.
Discuss i on was had by Counc i 1 in regard to the proposed re-
zoning request.
The City Attorney presented and read Resolution No. 1380
approving said rezoning request of Keith Hall Company.
Motion was made by Counci lman Pate seconded by Councilman
Duffin that Resolution No. 1380 be adopted.
RESOLUTION NO. 1380
RESOLUTION OF THE CITY OF GILROY GRANTING A SPECIAL ZONING EXCEPTION
PURSUANT TO SECTION 49 OF THE ZONING ORDINANCE OF SAID CITY PERMIT-
TING R4 (MEDIUM DENSITY MULTIPLE FAMILY RESIDENCE) DEVELOPMENT OF
ONE ACRE PARCEL, MORE OR LESS, ON THE WEST SIDE OF WREN AVENUE,
400 FEET NORTH OF LA ALONDRA WAY.
PASSED AND ADOPTED this 18th day of August, 1969, by the following
vote:
AYES:
COUNCIL MEMBERS:
Batrez, Duffin, Kennedy, Pate, Wentworth,
and Goodr i ch.
None
Silva
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBER:
Monthly Reports The Summary of Monthly Reports of July 1969 was presented
and discussed.
Disbursements
Salary Merit
Increase
Pedestrian
Educa t i on
Grant
Aged Program
Grant
The Report of Disbursements from July I, 1969 to July 31,
1969 was presented and discussed.
A recommendation for Salary Merit Increase for A. Doyle
Stubblefield, Police Sergeant, Range 30.5 from Step "Dfl $867.00 to
Step flEl1 $910.00 to become effective September I, 1969 was pre-
sented. Motion was made by Councilman Wentworth seconded by Coun-
cilman Pate and carried that A. Doyle Stubblefield, Pol ice Sergeant,
be granted the salary merit increase as recommended to become ef-
fective September 1, 1969.
A Report of the Pol ice Chief was presented in regard to a
Federal Grant for Pedestrian Education requesting transfer and
amendments to the Pol ice Department's Budget Accounts (#14).
City Administrator Protempore Reinsch also requested an
amendment to the Parks & Recreation Administration Account (#24)
for the Senior Citizens' Project Grant (Aged Program), to be admin-
istered through the Parks & Recreation Department.
Hecker Pass-
Morey Ave.
Annex.
City-owned
parcel for
sale
N.Side Park
Acquisitions
3003
Motion was made by Councilman Duffin seconded by Councilman
Wentworth and carried that a transfer of $5,539.00 be authorized
from Account 14Al to a new account #14A66,hereby establ ished, and
that the Budget be amended to increase said Account #14A66 in the
amount of $5~848.00 (noting total budget amount after transfer and
amendment to be $11,387.00); that a new account #14B66 be establ ished
increasing said Account in the amount of $1,370.00; and that a new
Account #14c66 be establ ished, increasing ~aid Account in the amount
of $900.00 (noting total Budget amendment to Account #14(66) to be
in the amount of $8,118.00 to be reimbursed to the City upon receipt
of said Grant).
Motion was made by Councilman Pate seconded by Councilman
Wentworth and carried that the budget be amended to increase Account
#24A66 - $1,400.00 and Account #24866 - $550.00 (noting total amend-
ment to Account 24(66) - $1,950.00).
Noted Repmrt on Hecker Pass-Morey Avenue proposed Annexation
that said boundaries approved by LAFCO, were proposed to be changed,
recommending same to be continued to the Council IS next regular
meeting. (Petition for annexation to be presented at that time
when said boundaries are definite).
Motion was made by Councilman Pate seconded by Councilman
Kennedy and carried that said proposed annexation be presented to
Council when the boundaries of same are definite.
Heard Report on Offers to Purchase small City-Owned Residual
of Land (5.32 f.f. x 1421) located mid-block on the west side of
Eigleberry Street between Seventh and Eighth Streets. Motion was
made by Councilman Pate seconded by Councilman Kennedy and carried
that September 2, 1969 be set as the date to receive written and
oral offers for said City-owned residual of land.
A Report on request for approval and authorization to execute
a Purchase Agreement covering one parcel of land belonging to P.
Fuentes, et ux in the amount of $12,400.00 for Northside Park Project
was presented.
City Administrator Protempore also requested authorization
to execute a Purchase Agreement covering an additional parcel of
land belonging to Montez, et aI, in the amount of $11,140.00 also
for Northside Park Project and requested approval of $5,000.00
grant for each parcel IS owner (Fuentes & Montez) same to be reim-
bursed by said Federal Grants.
Discussion was had in regard to said Federal Grants pro-
posed.
Motion was made by Councilman Pate seconded by Councilman
Duffin and carried that the Purchase Agreement for the Fuentes
parcel be approved and executed in the amount of $12,400.00.
Mr. Frank Marquez addressed the Council in regard to the
City's appraisal for purchase of his property needed for the North-
side Park Project, noting that he has not agreed upon said purchase
offer, and that he does not qual ify for a $5,000.00 Federal Grant
for living quarters due to the fact that he does not live upon the
subject property.
City Administrator Protempore Reinsch noted that if Mr. Mar-
quez was not satisfied with the City's two appraisals of said
property that he should obtain his own appraisal of said property.
City Administrator Protempore Reinsch also noted that Staff is
attempting to obtain other properties for trading purposes with
Mr. Marquez in order to negotiate purchase of his property necessary
for the Northside Park Improvement Project. Said matter was refer-
red by Council to Staff to further attempt to locate additional
property for trade purposes with Mr. Marquez.
3004
Res.#138l re:
State Co-
operative
Vehicle
Purchases
Water Samples
Intro.Bldg.
& Mechani-
cal Code
Ord.
Res.#1382 re:
Whitehurst
Annex.69-1
Fire D i s t.
removal
Motion was made by Councilman Pate seconded by Councilman
Duffin and carried that the $5,000.00 expenditure be authorized for
Fuentes Property subject to a written committment from HUD that the
appl ication for said $5,000.00 grant will be approved and that the
City will receive reimbursement for same, and subject to approval of
said written committment by the City Attorney.
Motion was made by Councilman Pate seconded by Councilman
Duffin and carried that the Purchase Agreement for the Montez parcel
be approved and executed in the amount of $11,140.00.
Motion was made by Councilman Pate seconded by Councilman
Wentworth and carried that the $5,000.00 expenditure be authorized
for the Montez Property subject to a written committment from HUD that
the appl ication for said $5,000.00 grant will be approved and that
the City will receive reimbursement for same, and subject to approval
of said written committment by the City Attorney.
Hear Report on State Cooperative Vehicle Purchases requesting
autorization for said purchases. Discussion was had on the matter.
Resolution No. 1381 was presented authorizing vehicle purchases under
State Cooperative Agreement. Motion was made by Councilman Wentworth
seconded by Councilman Kennedy that Resolution No. 1381 be adopted.
RESOLUT I ON NO. 1381
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AUTHORIZING PARTICI-
PATION WITH THE STATE OF CALIFORNIA FOR COOPERATIVELY PURCHASING
CERTAIN BUDGETED VEHICLES.
PASSED AND ADOPTED this 18th day of August, 1969, by the following
vote:
AYES:
COUNCIL MEMBERS:
NOES:
ABSENT:
COUNCIL MEMBER:
COUNCIL MEMBER:
Duffin, Kennedy,
Goodrich.
Batrez
Silva
Pate, Wentworth, and
The Mayor excused himself from the meeting and requested
Mayor Protempore Wentworth to take the Chair.
Heard report on satisfactory Water Samples taken by Santa
Clara County Health Department.
The City Attorney presented a proposed ordinance adopting the
1967 Edition of the Uniform Building Code with exceptions and modifi-
cations and the 1967 Uniform Mechanical Code. Motion was made by
Councilman Duffin seconded by Councilman Kennedy that the reading of
the proposed ordinance adopting the 1967 Uniform Building Code with
exceptions and modifications and the 1967 Uniform Mechanical Code be
waived and that it be introduced and publ ished by title and summary.
The City Attorney noted that copies of the proposed ordinance
would be included with the Council IS Agenda of the next regular meeting.
Resolution No. 1382 removing Whitehurst Avenue Annexation 69-1
from the Gilroy Fire Protection District was presented. Motion was
made by Councilman Pate seconded by Councilman Batrez that the reading
of Resolution No. 1382 be waived and that it be adopted.
RESOLUTION NO. 1382
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY WITHDRAWING FROM THE
GILROY RURAL FIRE PROTECTION DISTRICT TERRITORY THEREIN RECENTLY
ANNEXED TO THE CITY OF GILROY UNDER THE DESIGNATION "WHITEHURST
ANNEXATION 69-1 TO THE CITY OF GILROY".
PASSED AND ADOPTED this 18th day of August, 1969, by the following
vote:
Intro.Ord.
re:Spl.
Ho I i days
Minutes re:
Plan. Pol icy
ComMee t.
7/31/69
Minutes S.C.
Co. Trans.
Po I icy Com.
Meet.
Rep.-S.C.
Co. Trans.
Policy Com.
(Batrez)
County Bond
Pro po s a I s
Res.#1383
Bond Pro-
posals
Pub.hear.re:
Pajaro
River Basin
Proposal
3005
AYES:
COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Pate, and Went-
wor th.
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Silva and Goodrich
NOES:
ABSENT:
The City Attorney presented an ordinance establ ishing a
procedure for granting Special Hol idays.
Mayor Protempore Wentworth called upon Gerald Rivers, Fireman-
Engineer, desiring to speak in regard to the proposed ordinance pro-
viding Special Hol iday procedure for City employees.
Mr. Rivers addressed the Counc i 1 inform i ng them that in regard
to the recent special hol iday approved on July 21, 1969. He noted
that he was on vacation during said holiday and did not receive
credit for compensatory time off. Council referred said matter to
the Personnel Commission for study and recommendation on same. The
City Attorney noted that this matter would have no effect on the
proposed ordinance regarding Special Hol idays.
Motion was made by Councilman Kennedy seconded by Councilman
Duffin and carried that the ordin~r.ce be introduced and publ ished
by title and summary.
Hayor Goodrich returned and Mayor Protempore Wentworth took
his seat as Councilman.
The Mini Minutes of the Planning Policy Committee of Santa
Clara County Meeting of July 31, 1969 were noted.
The Minutes of the County of Santa Clara Transportation
Pol icy Committee Meeting of July 9, 1969 were noted. Council repre-
sentative Duffin requested acceptance of his resignation as City's
representative to said Committee. Motion was made by Councilman
Kennedy seconded by Councilman Wentworth and carried that Council-
man Duffin's resignation as representative on the Santa Clara County
Transportation Pol icy Committee be accepted. The Mayor appointed
Councilman Batrez as the City's Official representative on the Santa
Clara County Transportation Pol icy Committee. (It was noted that
Councilman Kennedy was the alternate representative of said Committee).
Supervisor Sig Sanchez, addressed the Council, and explained
County Bond Proposals A, B, & C, of the September 16, 1969 County
Bond Election and further explained proposed methods of financing
each bond proposal, requesting Council endorsement of said Bond pro-
posals.
Discussion was had by Council in regard to said Bond Proposals.
Motion was made by Councilman Wentworth seconded by Council-
man Pate that the reading of Resolution No. 1383 be waived and that
it be adopted.
RESOLUT ION NO. 1383
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ENDORSING
MEASURES A, BAND C ON THE SANTA CLARA COUNTY SEPTEMBER 16, 1969
BOND ELECTION.
PASSED AND ADOPTED this 18th day of August, 1969, by the following
vote:
AYES:
COUNCIL MEMBERS:
Batrez, Duffin, Kennedy,
and Goodrich.
None
Silva
Pate, Wentworth,
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
A Notice of a Public Hearing from the Corps of Army Engineers
in regard to continuation of Water Resources Investigations in the
3006
League of
Cal if.
Mee t.
S. C. Co. PIa n.
Publication
Res. #1384 re:
H.R.13270
Garbage Dump-
Burchell
Rd.
Budget amend.
re:Sewer
Farm work
Plan.Ass't
N. Church St.
Ex tn.
Pajaro River Basin, to be held at Wheeler Auditorium, 7:30 p.m., on
September 4, 1969 was noted. Discussion was had on the matter.
Counc i 1 ins tructed Staff to de term i ne from the Corps of Army Eng i neers,
the proposal for said Pajaro River Basin Plans and if there was any
change in said plans from the plans previously presented at a Publ ic
Hearing held approximately five (5) years ago, requesting that said
information be presented to Council at their next regular Council
Meeting of September 2, 1969.
A Notice of the League of California Cities Penin~ la Divi-
sion Meeting of August 21, 1969 was noted.
A publ ication of Plans of Santa Clara County Planning Depart-
ment, dated June 1969 was noted.
A'letter and resolution from Wilson, Jones, Morton & Lynch
urging Gilroy Opposition to H.R. 13270, II Removal of Tax Exempt Status
for Municipal Bonds" was presented. Motion was made by Councilman
Pate seconded by Councilman Duffin that Resolution No. 1384 be
adopted.
RESOLUTION NO. 1384
A RESOLUTION OPPOSING CHANGE IN TAX-EXEMPT STATUS OF MUNICIPAL
BON DS.
PASSED AND ADOPTED this 18th day of August, 1969, by the following
vote:
AYES:
COUNCIL MEMBERS:
Batrez, Duffin, Kennedy, Pate, Wentworth,
and Goodrich.
None
Silva
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBER:
Council directed Staff to write to local legislators inform-
ing them of the City's action in opposition to H.R. 13270.
Councilman Duffin inquired of progress of Staff determining
information in regard to the garbage dump on Burchell Road. Director
of Publ ic Works-City Engineer Henry reported that same was used by
the Golf Course Caretaker who is attempting to el iminate this situa-
tion.
Councilman Wentworth reported that Councilman Silva was
absent from the meeting due to problems in regard to his farming
operations.
~
City Administrator Protempore Reinsch requested a Budget
amendment to increase Account #40B5 in the amount of $781.00 to
allow for drag-l ine work at the Sewer Farm; said cost exceeding the
budgeted amount of said work. It was noted that the work completed
had previously been authorized by Council. Motion was made by
Councilman Wentworth seconded by Councilman Kennedy and carried that
the Budget be amended to increase Account #40B5 as recommended.
City Administrator Protempore Reinsch requested appointment
of Mary Jo Hayes to the Position of Planning Assistant in Range 25
at Step "B" $786.00 per mo.
Motion was made by Councilman Wentworth seconded by Council-
man Pate and carried that Mary Jo Hayes be appointed to the position
of Planning Assistant at the second step of Range 25 as recommended.
It was noted that Mrs. Hayes would be able to report to work on
September 15, 1969.
Councilman Batrez inquired of the progress in regard to fur-
ther extension of North Church Street. Director of Publ ic Works-
City Engineer Henry reported that property owners, Woodworth Associa-
tes and Baldwin are in favor of said extension.
3rd St. Extn.
N.Church St.
Ex t.
Ronan Ave.
Improve.
Water Line
Ex t.--We 1-
burn to
Kern
Plastic Pipe
3007
Councilman Duffin inquired of the right-of-ways necessary
for proposed Third Street Extension Project. Director of Public
Works-City Engineer Henry reported that necessary right-of-ways
will be received prior to Bid Opening (8-27-69) for construction
work of said Project.
Councilman Batrez requested Council opinion of North Church
Street Extension in regard to new land development. Discussion was
had. Council expressed affirmative statements in regard to North
Church Street Extension proposed to result in new land development.
Director of Public Works-City Engineer Henry requested ap-
proval and acceptance of Ronan Avenue Improvement Project 1969-1.
Motion was made by Councilman Duffin seconded by Councilman Wentworth
and carried that the reading of Resolution No. 1385 be waived and
that it be adopted.
RESOLUTION NO. 1385
A RESOLUTION ACCEPTING COMPLETION AND DIRECTING ENGINEER TO FILE
NOTICE OF ACCEPTANCE OF COMPLETION - RONAN AVENUE IMPROVEMENT DISTRICT -
PROJECT NO. 1969-1.
PASSED AND ADOPTED this 18th day of August, 1969, by the following
vote:
AYES:
COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Rate, Wentworth,
and Goodrich.
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Silva
NOES:
ABSENT:
Director of Publ ic Works-City Engineer Henry requested approval
of Staff executing a contract for labor costs of the Water Line Exten-
sion Project from Welburn Avenue to Kern Avenue in regard to Northwood
Subdivision, materials to be furnished by the City. He also suggested
an alternate method of performing said work, specifically to include
said project with the 1969 Water Line Replacement Project Contract.
Motion was made by Councilman Wentworth seconded by Councilman Pate
and carried that Staff be authorized to proceed with said Water Line
Extension Project by executing a Contract for labor costs and City to
furnish materials, same to be executed through the City Administratorls
Office without requiring same to be brought before Council for further
approva 1.
Councilman Kennedy noted that a Committee Meeting has been
scheduled for August 21,1969 at 1:00 p.m. in the Council Chambers in
regard to use of plastic pipe in construction projects within the
City, same not presently allowed. He noted that a representative from
the Plastic Pipe Industry would be present at said Committee and
Building Department Staff meeting and Council Members interested are
invited to attend same.
Councilman Wentworth, on behalf of the City, wished Pat Ander-
son, Dispatch Managing Editor I'Bon Voyage" on her proposed trip to
England.
The Mayor noted the presence of Parks and Recreation Commission
representative Vasquez.
The Mayor noted that his prior instructions to Staff to prepare
an emergency ordinance in regard to unsightly tire business operation
on North Monterey Street was determined by Staff to be unnecessary
since enforcement for alleviating the situation could be required by
the Zoning Ordinance.
Director of Publ ic Works-City Engineer Henry noted that the
warehouse building on North Monterey Street was proposed to be repaired
by the owner in the immediate future.
Councilman Pate inquired about the unsightly condition of
the hanging flower baskets on Monterey Street electrol iers.
3008
At 10:25 p.m. motion was made by Counci lman Wentworth
seconded by Councilman Pate and carried that the meeting adjourn to
Tuesday, September 2, 1969 due to the Labor Day Hol iday on Monday,
September 1, 1969.
Respectfully submitted,
(~~>.: .v~'..';.~.>
'City Clerk
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