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Minutes 1969/09/02 300 Roll Call Pedestrian Safety Award Minutes 3rd S 1. Ex 1. Proj.69- 2 (Bids) 1969 Street Ma i n t. Program Bids Welburn Ave. Water Line Gilroy, Cal ifornia September 2, 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, Anthony C. Silva, Everett C. Wentworth, and Norman B. Goodrich. Mr. Guido D. DeVincenzi, District Manager of the California State Automobile Association presented the Mayor with a Pedestrian Safety Award for the City of Gilroy. The Minutes of the Regular Meeting of August 18, 1969 were approved as mailed and recorded. City Administrator Wood reported on the following bids re- ceived and opened August 27, 1969 at 2:00 p.m. for the Third Street Extension Project 69-2: 1. A.J. Raisch Paving Co., San Jose -$40707.50; 2. George C. Renz Construction Company, Inc., Gilroy - $32,425.00; 3. Granite Construction Company, Watsonville - $37,929.00; 4. Samuel R. Spencer, Gilroy - $42,712.50; recommending award of the low bid of George C. Renz Construction Company in the amount of $32,425.00 and that an option to the contract be allowed, specifically to withhold the fencing item from said bid and that the status of same to be deter- mined by Staff if it should be included in the contract or negotiated with San Martin Vineyards Co. Motion was made by Councilman Batrez seconded by Councilman Wentworth and carried that the bid of George C. Renz Construction Company in the amount of $32,425.00 be awarded with- holding the fencing item from said bid to be an option to the contract as recommended. City Administrator Wood reported onthe following bids re- ceived and opened August 27, 1969 at 2:00 p.m. for the 1969 Street Ma i ntenance Program, Proj ect 1969-6: 1. A. Jo Ra i sch Pav i ng Company, San Jose - $42,190.00; 2. George C. Renz Construction Company, Gilroy - $42,646.00; 3. Granit Construction Company, Watsonville - $41,477.00; recommending award of the low bid of Granite Construction Company in the amount of $41,477.00, noting that the estimate for said project to be $35,000.00; $6,477.00 under the bid figure; and recommending trans- ferring $5,000.00 budgeted for reconstruction of Miller Avenue between Fourth and Sixth Streets and $1,477.00 savings under the Third Street Extension Project to the 1969 Street Maintenance Project under Account #35C2. Motion was made by Councilman Duffin seconded by Councilman Silva and carried that the bid of Granite Construction Company in the amount of $41,477.00 be awarded and that the 1969-70 budget transfer as recommended be approved to al low for said work under Account #35C2. City Administrator Wood noted informal bids received for labor in regard to Welburn Avenue Water Line, as follows: 1. Wi 11 iam Radtke $3,321.00 and George C. Renz Construction Company - $2,952.00. It was also noted that the City's material costs to be $5,540.92 for said project, and $900.00 for right of way costs required with Fill ippell i and Bosco. It was noted that the budgeted amount for said project to be $9,500.00. Motion was made by Councilman Wentworth seconded by Councilman Duffin and carried that the bid of George C. Renz Construc- tion Company in the amount of $2,952.00 be awarded for labor costs of Cjty Land- S. Eigle- be r r y S t. Claim-Gi lbert Eredia Westwood Bldg. variance re: Res.#1386 allowing Variance- Westwood Bl dg. Plan. Com. Report 8/21/69 Meet. Pub.Hear. date re: Duff in rezoning 3009 said Welburn Avenue Water Line Project and that the total costs of said project in the amount of $9,500.00 be allowed. Motion was made by Councilman Kennedy seconded by Counc ilman Pate and carried that right-of-way contracts for said Water Line Project with Fillippell i in the amount of $410.00 and Bosco in the amount of $491.00 be approved. City Administrator Wood noted informal bids received for City-owned Residual of land on South Eigleberry Street between Seventh and Eighth Streets; specifically $100.00 from Hope Suniga and $115.00 from Dolores Martin, which was subsequently withdrawn prior to the opening. The Mayor asked if there was anyone in the audience wishing to bid on said City-owned land. There was no comment from anyone in the audience. Motion was made by Councilman Pate seconded by Council- man Wentworth and carried that the $100.00 bid of Hope Suniga for said City-owned residual of land be accepted. A claim for damages from Gilbert Eredia, 266 Church Street, Gilroy was presented and noted. Motion was made by Councilman Pate seconded by Councilman Wentworth and carried that the Claim for damages from Gilbert Eredia, 266 Church Street, Gilroy, be denied and that same be referred to the City's local insurance carrier and the City Attorney. An appeal from owners of Westwood Building was presented in regard to the decision of the Planning Commission denying a variance request to allow dormitory facil ities in said commercial zone district. The Mayor asked if there was anyone in the audience wishing to speak in regard to said appeal. Mr. Victor Reisig, one of the owners of said Westwood Build- ing, addressed the Council and further explained said appeal and re- quested variance. City Administrator Wood presented and read a petition pre- viously presented to the Planning Commission from property owners in the area in favor of said Variance request proposed for the Westwood Building. Further discussion was had in regard to said variance request. The City Attorney presented Resolution No. 1386 allowing said variance request of the owners of the Westwood Building to allow dormi- tory facilities at said location. Motion was made by Councilman Went- worth seconded by Councilman Pate that the reading of Resolution No. 1386 be waived and that it be adopted. RESOLUTION NO. 1386 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY GRANTING ON APPEAL APPLICATION FOR VARIANCE TO ALLOW R-4 DORMITORY USE FOR 17 PERSONS IN A C-l ZONE FOR THE NORTHERLY 3000 SQUARE FEET OF THE WESTWOOD PROFESS- IONAL BUILDING AT FIRST STREET AND WESTWOOD DRIVE FOR A PERIOD OF TWO YEARS. PASSED AND ADOPTED this 2nd day of September 1969, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: Batrez, Duffin, Pate, and Wentworth. COUNCIL MEMBERS: Kennedy, Silva, and Goodrich. COUNCIL MEMBERS: None City Administrator Wood reviewed the Report of the Planning Commission meeting of August 21, 1969 noting approval of a Conditional Use Permit granted Union Oil Company to construct a service station in a "C-l" zone at the northeast corner of Leavesley Road and Whitehurst Avenue; recommending rezoning of a one (I) acre parcel belonging to George T. Duffin at the northwest corner of Pierce and Church Streets from "R_l" to "R_3". Motion was made by Councilman Pate seconded by Councilman Wentworth and carried that a Publ ic Hearing date of September 15, 1969 be set for said rezoning proposal. 3010 Res.#1387 re:re- naming 01 d G i 1- roy S 1. P &8. Com. Report 8/19/69 Mee t. Libr.& Culture Com. Report 8/5/69 Personnel Com. Report 8/28/69 Meet. Monthly Reports Salvage tions- City Dump The Planning Commission report further noted its discussion and denial of Westwood Building Variance (already acted upon by Council;) recommending that the abandoned section of Old Gilroy Street between Monterey Street and the railroad crossing be renamed "Hornlein Court" and that the section of Seventh Street between Monterey Street and the Southern Pacific Railroad be renamed to "Old Gilroy Street". The City Attorney presented Resolution No. 1387 renaming the abandoned section of Old Gilroy Street as recommended by the Planning Commission. Motion was made by Councilman Duffin seconded by Councilman Kennedy that the reading of Resolution No. 1387 be waived and that it be adopted. RESOLUTION NO. 1387 A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY RENAMING SEVENTH STREET BETWEEN MONTEREY STREET AND RAILROAD STREET "OLD GILROY STREltT", AND RENAMING OLD GILROY STREET BETWEEN MONTEREY STREET AND THE SOUTHERN PACIFIC RAILROAD "HORNLEIN COURTII. PASSED AND ADOPTED this 2nd day of September, 1969, by the following vote: AYES: COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, worth, and Goodrich. None None Pate, Silva, Went- The Planning Commission report further noted discussion by the Commission on the final draft of the Sign Ordinance to be presented to Council at their next regular meeting. City Administrator Wood explained the Report of the Parks and Recreation Commission Meeting of August 19, 1969 noting review of their Monthly Report, Softball Awards Barbecue and Cultural Activities; discussion on the Softball and Basketball Programs and Flag Football League; progress in regard to Downtown Beautification Project; and noted discussion in regard to trading Forest Street Park for land adjacent to Elliot School for relocation of said Forest Street Park. Council noted if Forest Street Park is relocated, that the Boccie Ball Program of the present park will also be relocated to the new proposed. site. City Administrator Wood reviewed the Minutes of the August 5, 1969 Library and Culture Commission Meeting. City Administrator Wood reviewed the Report of the Personnel Commission Meeting of August 28, 1969 noting the grievance matter of Gerald Rivers, Fireman-Engineer, in regard to compensation for Special Hol idays was referred to the City Administrator requesting a report on same to the Commission in accordance with the City.s Grievance Pro- cedures; noting proposed Service Awaru Program for recognition of Volunteer firemen and Auxil iary Pol icemen; and noting personnel re- cruitment activities. The financial Status of July 1969 Monthly Report, omitted from the Summary of Monthly Reports, presented at the August 18, 1969 regular meeting was noted. Opera- City Administrator Wood reported on a Council Committee Meeting with the City Dump Salvage Operator at the City Dump in regard to the maintenance operation at said location at $815.00 per year, payable in semi-annual or quarterly installments for said maintenance allowing storing, salvaging and selling parts from all maintenance allowing storing, salvaging and sell ing parts from all junkers at this location. Motion was made by Councilman Pate seconded by Councilman Silva and carried that the Agreement with the City Dump Salvage Operator be author-ized for execution at $815.00 per year as recommended. Water Samples Northside Park Acq- uisition Joint Migrant Recreation Program Ord.#864 re:Spl. Hol idays Ord.#865 re: Bldg. & Mechani- cal Codes 1967 Edi- tion 3011 A Report on satisfactory Water Samples taken by the Santa Clara County Health Department was noted. City Administrator Wood reported on two (2) Northside Park parcels continued from the August 18, 1969 Council Meeting, further requesting an expenditure authorization of $5,000.00 each, to P. Fuentes and S. Montes properties for relocation advance funds to be reimbursed by HUD under a Federal Grant. Motion was made by Councilman Batrez, seconded by Councilman Kennedy and Carried that $5,000.00 on each parcel (Fuentes & Montes) be allowed as reoommended for relocation advance funds regarding Northside Park Land Acquisitions. City Adminis- trator Wood noted that there will be two (2) additional $5,000.00 re- location advances required in regard to Northside Park Project; and that relocation advances required for said Project total $20,000.00. Councilman Batrez reported that the Mexican Funeral Society, (owners of property needed for the Northside Park Project,) were not in agreement with the City's appraisal in the amount of $6,250.00. City Administrator Wood noted that the City would attempt to locate property for trading purposes with the Mexican Funeral Society, however, due to the physical natures of the lands, specifically flooding area, of the Northside Park Project, that it is difficult to obtain similar proper- ties at other locatiuns of the City. The Repcr t noted on the Agenda on Acquisition of two (2) Water Line Easements in regard to Welburn Avenue Project was discussed and ap- proved under the Report of Informal Bids for said Project. Director of Parks and Recreation Ayer reported on a proposed Joint Migrant Recreation Program. Discussion was had on the matter. Motion was made by Councilman Batrez seoonded by Councilman Wentworth and carried that C~ty participation in the proposed Join1t Migrant Recreation Program be approved as recommended to determine how a program of this type is accepted. Councilman Wentworth noted that future programs of this nature should be scheduled and submitted for approval in the budget. The City Attorney presented and explained Ordinance No. 864 previously introduced and publ ished by title and summary, providing a procedure for granting of Special Hol idays for City Employees. Motion was made by Councilman Pate seconded by Councilman Wentworth that Ordinance No. 864 be adopted. ORDINANCE NO. 864 AN ORDINANCE OF THE CITY OF GILROY ADOPTING SECTION 17.3 (c) OF THE CITY CODE SO AS TO PROVIDE FOR SPECIAL HOLIDAYS BE PROCLAMATION OR RESOLUTION. PASSED AND ADOPTED this 2nd day of September, 1969, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Pate, Silva, Went- worth and Goodrich. COUNCIL MEMBERS: None COUNCIL MEMBERS: None The City Attorney explained a proposed ordinance previously introduced and publ ished by title and summary, included with Council Agendas amending Sections 6.1 and 6.2 of the City Code adopting the 1967 Edition of the Uniform Building Code with exceptions and modifi- cations and the 1967 Edition of the Uniform Mechanical Code. Motion was made by Councilman Kennedy seconded by Councilman Batrez that Ordiaance No. 865 be adopted. ORDINANCE NO. 865 3012 Congoland U.S.A. Pajaro River Basin Hearing Res.#1388 re:Pajaro River Bas in United Fund Campaign Jazz Concert Intro. Nudity ord. N.Mont. St. Nowsonls Bldg. AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTIONS 6.1 AND 6.2 OF THE GILROY CITY CODE BY ADOPTING THE UNIFORM BUILDING CODE, 1967 EDI- TION VOLUME I, AND THE APPENDIX THERETO, WITH CERTAIN EXCEPTIONS AND MODIFICATIONS, AND THE UNIFORM MECHANICAL CODE, 1967 EDITION. PASSED AND ADOPTED this 2nd day of September, 1969, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Pate, Silva, Went- worth and Goodrich. COUNCIL MEMBERS: None COUNCIL MEMBERS: None Councilman Pate noted that Sign appl ications required to be referred to the Review Committee should only be so referred if not ap- proved by Staff. The City Attorney noted that this procedure is also followed in some other cities, in regard to appl ications for variances, use permits, etc. A letter from Congoland U.S.A. was noted in regard to the status of their proposed plans. A letter from the Corps of Army Engineers was noted in re- gard to their planned Public Meeting of September 4, 1969, 7:30 p.m. at Wheeler Auditorium. Discussion was had on the matter. Council recommended alternate plans in regard to Pajaro River Basin, that of raising Uvas Dam; construction of smaller dams on the Bodfish and Little Arthur Creeks; providing possibil ity of smaller check dams situated at specific points in the Uvas Creek Bed; and increasing capacity of the following dams and creeks: Chesbro, Pacheco, and San Benito, noting that these waters are all tributaries of the Pajaro River. The City Attorney presented Resolution No. 1388 opposing construction of a dam on Uvas Creek near its intersection with State Highway 152 west of Gilroy and recommending possible alternatives for flood control and water conservation. Motion was made by Counci lman Pate seconded by Councilman Batrez that Resolution No. 1388 be adopted. RESOLUTION NO. 1388 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY OPPOSING CONSTRUCTION OF A DAM ON UVAS CREEK NEAR ITS INTERSECTION WITH STATE HIGHWAY 152 WEST OF GILROY. PASSED AND ADOPTED this 2nd day of September, 1969, by the following vote: AYES: COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, worth, and Goodrich. None None Pate, Silva, Went- A letter from the Santa Clara County United Fund for sol ici- tation permit and proclamation for Gilroy's Sixth United Fund Campaign was noted. Motion was made by Councilman Wentworth seconded by Counci 1- man Duffin and carried that the request of the Santa Clara County United Fund be allowed for issuance of a sol icitation permit and proclamation for Gilroy.s Sixth United Fund Campaign. A letter from the San Jose Federation of Musicians, Local No. 153, was noted, granting Gilroy an additional Jazz Concert on October 5, 1969. A letter from Santa Clara County was presented in regard to A. B. 524 regulating Body Exposure of Waitresses, Waiters and Entertain- ers. Motion was made by Councilman Batrez, seconded by Councilman Kennedy and carried that the proposed ordinance regarding same be intro- duced and publ ished by title and summary. A letter from Howson's Inc. was noted in regard to their burned-out building on North Monterey Street requesting permission to construct a temporary ply-wood wall and painting of said building to be brought up to Code prior to occupancy of said building. Discussion was had on the matter. Plan. Pol icy Com. Mee t. Tour-Fire Stations Letter re: local patrolman Plumbing Code N. Mon t. S t. Ti re Operation business League Conf. City's League represen ta t i ve Tie r r a De 1 Roble Subdv. Sign 30j3 Motion was made by Councilman Batrez, seconded by Councilman Wentworth and carried that Howson's Inc. be granted permission to construct a temporary wall on the burned-out building on North Monterey Street as requested, requiring painting of the entire building, same subject to review and required to be brought up to Code requirements within the next six month period. Discussion was had in regard to the debris accumulated ~rom cleaning the channel of Miller Slough at the Howson Street Bridge location. Council requested Staff to contact Howson's Inc. to determine proposed plans in removing said debris and requesting same to be comp- leted at an early date. The Minutes of the Planning Pol icy Committee of Santa Clara County meeting of July 31, 1969 were noted. A memo from Fire Chief Brittain was noted in regard to a planned Council Tour of various Fire Stations, set for September 5, 1969. Councilman Batrez indicated his desire to participate in this tour. The Mayor also indicated that he would attend if it did not con- flict with a scheduled appointment of that date. A letter of commendation was noted from the Sal inas Pol ice Department in regard to Officer Gary Lester, Gilroy Pol ice Patrolman. Councilman KenBedy reported on the Plumbing Code Committee Meeting of August 21, 1969 in regard to plastic pipe. Discussion was had on the matter. It was noted that a 1970 Uniform Plumbing Code is proposed and that an amendment to the City.s present Plumbing Code (1959 Edition) be discussed at that time. Discussion was had in regard to the tire operation business on North Monterey Street. The City Attorney noted that the owner of said business indicated to him that his proposed plans are to correct the unsightly situation of said business operation. City Administrator Wood requested Council Members to notify Staff if they will be unable to attend the League of Cal ifornia Cities Annual Conference in San Francisco on September 28th, 29th, and October 1, 1969 in order for the City to receive the refund for deposits paid in adv~ce for all Council Members, noting that cancellations are re- quired by September 15, 1969 in order to receive said refunds. Council appointed Mayor Goodrich as the City's "Voting Repre- sentative" at said League Conference. City Administrator Wood noted a memo from the League of Californ:ia Cities in regard to meals, specifi- cally prices at said conference to be $6.60 for lunches and $12.50 for dinners planned by the League and noting same to be actual costs of said meals to the League of Cal ifornia Cities. City Administrator Wood noted a request of Ben Morton to erect a temporary sign to advertise Tierra Del Roble Subdivision on Wren Avenue. Motion was made by Councilman Wentworth seconded by Councilman Duffin and carried that the one (1) year temporary sign appl ication request of Ben Morton to advertise Tierra Del Roble Subdivi- sion on Wren Avenue be approved subject to review. Spl. Ass1mt City Administrator Wood requested authorization of a Special re: demoli- Assessment in regard to the City's $2,000.00 costs plus 6% interest tion costs- for demoltion costs of the building at the northeast corner of Sixth Bldg.N/~ cor- and Alexander Streets. The City Attorney presented Resolution No. 1389 ner 6th & Alex.providing for said special asses5ment, as recommended. Motion was Res.#1389 made by Councilman Pate seconded by Councilman Duffin that the reading of REsolution No. 1389 be waived and that it be adopted. 30t4 J. Wal ker, temporary off i ce trailer Inter-City Counc i I Adjourned -k (Corrected copy of above tit 1 e) RESOLUTION NO. 1389 * R OF THE COUNCIL OF THE CITY OF GILROY DETERMINING THAT THE BUILDI EAST SIXTH STREET HAS BEEN DEMOLISHED AND REMOVED AS A FIRE HAZARD, PROV R ASSESSMENT OF THE COST OF SUCH REMOVAL AGAINST THE SAID PREMISES, TIME OF HEARING OBJECTIONS THERETO AND THE NOTICE TO BE GIVEN OF SUCH HE G. PASSED AND ADOPTED this 2nd day of September, 1969, by the following vote: AYES: NOES: ABSENT: (Pub I i c COUNCIL MBMBERS: Batrez, Duffin, Kennedy, worth, and Goodrich. COUNCIL MEMBERS: None COUNCIL MEMBERS: None Hearing set for October 6, 1969) Pate, Silva, Went- City Administrator Wood noted the temporary office trailer owned by Jack Walker on Ninth Street to be subject for renewal. Moti on was made by Councilman Kennedy seconded by Councilman Silva and carried that an additional one (I) year temporary permit be approved for use of a trailer as an office building by Jack Walker located on Ninth Street. The Mayor requested reservations be made for Councilman and Mrs. Wentworth for attending the Inter-City Council Meeting on Septem- ber 4, 1969 in Santa Clara. At 10:48 p.m. the Mayor adjourned the meeting. Respectfully submitted, ,/ ,) ".:.::. '\../ ;::~r;._' ...",.., City Clerk ~ ( j--~ (-) Lt.!:: 'l.,nt..:t I J / RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY PROVID!NG THAT NO OBJECTIONS HAVE BEEN MADE TO THE DEMOLISHING AND REMOVAL OF THE DWELLING FORMERLY LOCATED AT AND KNOWN AS NO. 223 EAST SIXTH STREET IN GILROY, CALIFORNIA, AFTER NOTICE DULY GIVEN AND THAT THE COST OF SUCH DEMOLI- TION AND REMOVAL SHALL BE CHARGED TO THE OWNERS OF THE PROPERTY AS A SPECIAL ASSESSMENT ON THE LAND ON WHICH THE BUILDING WAS LOCATED AND THAT THE SAME SHALL BE COLLECTED IN THE MANNER AS A SPECIAL ASSESS- MENT.