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Minutes 1971/07/19 iIIlli:.."'.... Roll Call ",w'... Cert if i cate of Service ...... Minutes Bids re: Mont. St. Water Main Relo- ca t i on Proj.71-2 .,...,..... ....... S. Mont. #1 Annex.71-3, Ord. 926 Plan. Com. 7/15/71 Report 3251 Gilroy, California July 19, 1971 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, John Hughan, John E. Pate, Anthony C. Silva, David V. Stout and Norman B. Goodrich. The Mayor tabled presentation of a Certificate of Service to Mrs. Bonnie Baldwin, retiring Library and Culture Commissioner, to await her presence. The Minutes of the Regular Council Meeting of July 6,1971, w-ere approved as mailed and recorded. Director of Public Works-City Engineer, Henry reported on the following bods received: 1) James Engineering, San Jose - $35,953.00; 2) Aquarius Engineers, Sal inas - $36,692.00; 3) Granite Construction, Watsonville - $38,110.50; 4) George C. Renz Construction, Gilroy - $38,986.00; 5) Ernest E. Pestana, Inc., San Jose, $43,320.00; 6) Wm. Radtke & Son, Gilroy - $43,350.00; 7) Wm. Caprista Underground Const., San Jose - $44,076.00; 8). C. W. Roen Const., Co., Oanvi lIe - $44,804.00; 9) Pisano Bros., Inc. - $46,302.00; 10) West Valley Const., Los Gatos - $47,540.00; 11) F. & M. Engineering, Santa Cruz - $52,542.00; 12) O.K. Construction, Inc. Los Altos - $66, 214.00, recommending that the low bid of James Engineering of San Jose in the amount of $35,953.00 be awarded. Motion was made by Councilman Pate seconded by Councilman Silva and carried that the low bid of James Engineering Co. in the amount of $35,953.00 be awarded as recommended, and that the 1971-72 budget be amended to allow for said bid. , Council discussion was had in regard to local contractors not receiving. City's contracts. It was explained by the City Attorney that the law requires only that the least funds be expended for any project to benefit the public; th~t no special consideration is given favoring local contractors or suppliers. A petition signed by 100% of the property owners, Frank Barberi, et a1requesting annexation of uninhabited territory contain- ing 41.84 acres, located at the east side of Monterey Highway approxi- mately 1,000 feet south of Luchessa Avenue at ,the proposed Swth Valley 101 Interchange to be known as "South Monterey No. 1 Annexation 71-3 to the City of Gilroll was noted. The City Attorney annexing said terr1tory. by Councilman Si~va that that it be adopted. presented and summarized Ordinance No. 926 Motion was made by Councilman Pate seconded the reading of Ordinance No. 926 be waived and ORDINANCE NO. 926 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS IIS0UTH MONTEREY NO.1 ANNEXATION 71-3 TO THE CITY OF GILROy'1 AND FOR THE INCORPORATION OF SUCH ANNEXED TERRITORY 1N AND AS A PART OF SUCH MUNICIPALITY FOR THE GOVERNMENT AND MUNICIPAL CONTROL THEREOF. PASSED AND ADOPTED this 19th day of July, 1971, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Hughan, Pate, Silva, Stout and Goodrich COUNCIL MEMBERS: None COUNCIL MEMBERS: None NOES: ABSENT: Secretary of the Planning Commission Henry reported on the Planning Commission Meeting of July 15, 1971 noting withdrawal of a Variance Petition to allow an M-2 use in a C-2 zone, located at 7700 Monterey Stre; recommending prezoning to H-c on property located east 3252 Salary Increases Norths i de Park Schematic Plan Impact Report: A 11 an Meat Plant of Monterey Highway and north of Bolsa Road containing 73 acres upon the petition of James Allan and Sons' Meat Processing Plant. Motion was made by Councilman Duffin seconded by Councilman Pate that a Public Hearing date of August 2, 1971 be set for said prezoning application. .. The Planning Commission Report further noted approval of a Conditional Use Permit on petition of Brian J. Holman to allow an exist- ... ing residence at 7539 Eigleberry Street to use same for an office with an apartment rental on the second floor, expiring June 1, 1~73, noted denial of a Conditional Use Permit for a Mobile Home Park on petition of Dan Teresi located on the easterly side .of Forest Street approximate- ly 175 feet southerly of Leaves1ey Road containing 9.6 acees; recommend~ ed rezoning from R-l to C-l on property located at the northwest corner of Wren Avenue and First Street containing 10.5 acres on petition of the ~ Roman Catholic Archbishop of San Francisco. Motion was made by Council- man Pate seconded by Councilman Hughan and carried that a public hearing ... date of August 2, 1971, be set for said rezoning proposal. The Planning Commission Report further noted granting of a Conditional Use Permit to William Lyon Development Co. Inc. to allow an R-3 use in an M-2 zone with a maximum density of ten (10) units per acre located on the easterly side of Church Street approximately 375 feet north of Pierce Street containing 8.3 acres; recommended rezoning from ~-l to C-l on petition of San Martin Vineyards at 6ll feet west of Miller Avenue, 1,128 feet on the south side of First Street and 500 feet deep at the rear of the parcel, approximately 260 feet deep contain- ing 20 acres. Motion was made by Councilman Silva seconded by Council- _ I man Batrez and carried that a Public Hearing date of August 2, 1971 be set on said rezoning proposal. The Planning Commission Report further recommended rezoning from R-3 to P-O on property of Joseph Elia located at the southwest corner of Carmel Street and Broadway. Motion was made by Councilman Batrez seconded by Councilman Silva and carried that a publ ic hearing date of August 2, 1971 be set for said rezoning proposal. Councilman Stout requested to be recorded as absent in regard to discussion or Council action taken in regard to said rezoning proposal. Council requested Staff require the applicant of the petition'" of Wi lliam Lyon Development Co. to fi lethe appl ication for a Planned .......... Unit Development rather than a Conditional Use Permit. Councilman Stout ... requested to be recorded as absent in regard to discussion or Council action taken in regard to said petition of William Lyon Development Company. Motion was made by Councilman Hughan seconded by Councilman Pate and carried that the applicant of the petition of William Lyon Development Company be required to file an application under a Planned Unite Development rather than a Conditional Use Permit. City Administrator Wood presented and recommended Salary Merit Increases for th~ following City Employees to become effective August 1,1971: Paul Crumrine, Utility Man, Range 26 from Step "0" $731 to Step "EII $767; Gilbert Horta, Police Patrolman, Range 31, from Step "B" $805 to Step "CII $846; and ,Lee E. Eloff, Police Patrolman, Range 31 from Step liD" $888 to Step IIEI' $932. Motion was made by Councilman Pate seconded by Councilman Silva and carried that the Salary Merit Increases as recommended be granted. The Mayor recognized the presence of three (3) Parks and Recreation Commission members and called upon Mr. Robert Royston, Architect, to present the revised Schematic Plan for Northside Park. Mr. Royston addressed ~he Council and presented said Plan. Discussion was had in regard to same. Motion was made by Councilman Duffin second- ed by Councilman Silva and carried tret said Schematic Plan be referred to the Parks and Recreation Commission to recommend the Phasing Program that could be completed within the 1971-72 Budget. .. ... City Administrator Wood presented an Impact Report in regard to the proposed James Allan & Sons Meat Processing Plant; same being informational. III .... Res. #1583, Topics Agree. .,,-,;ij; ~::;:;'"'4 ~ Ord. #927 Uti 1 i ty Tax - '- Ord. #928 Room Tax ,."'- -. .-.,~ _..<4 Swim. Pools Ord. #929 3253 Director of Public Works-City Engineer Henry presented a Topics Agreement with the State for Fourth-Lewis Street Project. Motion was made by Councilman Batrez seconded by Councilman Silva that the reading of Resolution No. 1583 be waived and that it be adopted, approv- ing and authorizing execution of said agreement. RESOLUTION NO. 1583 A RESOLUTION OF THE CITY OF GILROY APPROVING EXECUTION OF AGREEMENT BETWEEN THE CITY OF GILROY AND STATE OF CALIFORNIA FOR TOPICS PROGRAM. PASSED AND ADOPTED this 19th day of July, 1971, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Hughan, Pate, Silva, Stout and Goodrich COUNCIL MEMBERS: None COUNCIL MEMBERS: None NOES: ABSENT: The City Attorney presented and explained Ordinance No. 927 providing for a 5% Utility Tax on Gas, Electricity, Telephone and Cable TV users services. Mr. Donald Gallagher, representing P. G. & E. commented on the effective date of the ordinance in regard to,administration of same. He noted that the company would need 90 days from the effective date of the ordinance to administer same; further that November 1, 1971, could be the operating date. He further commented that if November 1, 1971, were the operating date of said ordinance that remittance of the fees to the City would be approximately February 16, 1972. Mr. Frank Ca1 iri, representing Cable TV addressed the Council and noted that his company would also need additional time to administer said tax. Motion was made by Councilman Hughan seconded by Councilman Duffin and carried that Ordinance No. 927 be adopted in accord with the November 1, 1971 effective date. (Counci lman Stout voted 'INoI1 on the adoption of said ordinance.) ORDINANCE NO. 927 ORDINANCE OF THE CITY OF GILROY ADOPTING AS CHAPTER 26B OF THE GILROY CITY CODE A TELEPHONE, GAS, ELECTRICITY AND TELEVISION CABLE USERS TAX, TO BE KNOWN AS A UTILITY USERS TAX, ESTABLISHING THE RATES OF SAID TAX, PROVIDING FOR THE ADMINISTRATION AND COLLECTION THEREOF AND PROVIDING PENALTIES FOR VIOLATION. PASSED AND ADOPTED this 19th day of July, 1971, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Hughan, Pate, Silva, and, Goodrich COUNCIL MEMBERS: Stout COUNC I L MEMBERS: Nrn e NOES: ABSENT: The City Attorney presented and explained Ordinance No. 928 Providing for a Transient Occupancy Tax (5% Room Tax). Motion was made by Councilman Pate seconded by Councilman Silva that the reading of Ordinance ~o. 928 be waived and that it be adopted. ORDINANCE NO. 928 ORDINANCE OF THE CITY OF GILROY ADOPTING AS CHAPTER 25A OF THE GILROY CITY CODE A TRANSIENT OCCUPANCY TAX, ESTABLISHING THE ,RATES OF SAID TAX, PROVIDING FOR THE ADMINISTRATION AND COLLECTION THEREOF AND PRO- VIDING PENALTIES FOR VIOLATIONS. PASSED AND ADOPTED this 19th day of July, 1971, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Hughan, Pate, Silva, Stout and Goodrich NOES: COUNCIL MEMBERS~ Mone ABSENT: COUNCIL, MEMBERS: None The. City Attorney presented and explained Ordinance No. 929 regulating protective devices and the construction of swimming pools. Motion was made by Councilman Batrez seconded by Councilman Pate that 3254 Ord. #930 Annex. Leavesley No. 1 71-2 Lib. & Cult. Com. Appt. Res. #1584 Water Servo Rates & Fees West-Am Corp. re: Sports Complex the reading of Ordinance No. 929 be waived and that it be adopted. ORDINANCE NO. 929 AN ORDINANCE OF THE CITY OF GILROY AMENDING THE T1TLE OF CHAPTER 21A OF THE CITY CODE PERTAINING TO SWIMMING POOLS AND ADOPTING REGULATIONS AS TO PROTECTIVE DEVICES AND THE LOCATION OF SWIMMING POOLS. PASSED AND ADOPTED this 19th day of July, 1971, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Hughan, Pate, Silva, Stout and Goodrich COUNCIL MEMBERS: None COUNCIL MEMBERS: None 11III 11IIIII NOES: ABSENT: The City Attorney presented Ordinance No. 930 annexing 0.257 acres on Leavesley Road between San Ysidro Road and Marcella Avenue to be known as IILeaves 1 ey No. 1 Annexa t ion 71- 2 to the City of G i 1 roy" stating that same was 100% consent and did not require a public hearing prior, to annexation of said territory. ... ... Motion was made by Councilman Pate seconded by Councilman Silva that the reading of Ordinance No. 930 be waived and that it be adopted. ORDINANCE NO. 930 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 IILEAVESLEY NO.1 ANNEXATION 71-2 TO THE CITY OF GILROy'l 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 this 19th day of July, 1971, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Hughan, Pate, Silva, Stout and Goodrich COUNCIL MEMBERS: None COUNCIL MEMBERS~ None NOES: ABSENT: The Mayor reported that the Library and Culture Commission had suggested the name of Mrs. Ruth Habing for appointment on the Com- mission to replace Mrs. Bonnie Baldwin. Motion was made by Councilman Hughan seconded by Councilman Pate and carried that Mrs. Ruth Habing be appointed as Library and Culture Commissioner to fill the unexpired term of Mrs. Bonnie Baldwin (1-1~73). ~ ..... .The City Attorney presented and explained Resolution No. 1584 amending Water Service Rates and Fees as set forth in Ordinance No. 924, said resolution to become effective August 1, 1971. Motion was made by Councilman Pate seconded by Councilman Duffin that the reading of Resolution No. 1584 be waived and that it be adopted. RESOLUTION NO. 1584 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING CHARGES RELATING TO WATER SERVICE AS PROVIDED IN CHAPTER 27 OF THE GILROY CITY CODE. PASSED AND ADOPTED this .19th day of July, 1971, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Hughan, Pate, Silva, Stout, and Goodrich COUNCIL MEMBERS: None COUNCIL MEMBERS: None NOES: ABS ENT: City Administrator Wood reported that West-Am Corporation had requested that their letter requesting City Endorsement for a Sports Complex in the Madrone Area be continued to August 2, 1971, Council Meeting. Council continued said matter. .. .... Wheeler Hospital A letter from Wheeler Hospital was presented requesting an req. for exemption under the proposed Utility tax. Mr. Ed Mattos, Hospital Utility Tax Administrator, addressed the Council and further explained said request. .. Exemption Council tabled action on same to the August 2, 1971 Council Meeting, in order that the City Attorney could obtain further information in ... regard to same. ---""",. [' ''O''JI<iIA r- ~ -"-"""'. I ' I.... ,... .."""' Co. Lib. Commissioner Jt. Sewerage Mee t( M. H. ) . 3255 A letter request of Santa Clara County for appointment of a County Library Commissioner-at-Large was presented. Council referred same to the Library and Culture Commission for recommendation in regard to same. A letter from the City of Morgan Hill was noted in regard to a Joint Sewerage meeting. Coonci 1 concurred with the August 4, 1971, suggested date for a p.m. evening meeting. Councilman Stout noted that he would not be able to attend same. M.H. Cooperative A letter from the City of Morgan Hill.was noted in regard to Agree. re: deferring payment on the Cooperative Freeway Crossing Sewerage Trunk Freeway Line Project. X-ing Volunteer Fireman A letter from the Fire Chief was presented in regard to volunteer services of Oscar Abruzzini, Jr., following a recent fire (Pieters Wheeler Seed Co.). Council requested that a letter of apprecia- tion from the City be extended Mr. Abruzzini. S.C. Co. Trans. The Minutes of the Santa Clara County Transportation Policy Policy Com. Committee Meeting of June 9, 1971 were noted. Mee t. Exec. & Plan. Po 1 icy Com. Meet. Appt. of Co. Librarian Sewer Report Pub. Hea r. re: prezoning Allan Meat Co. Property M.H. cost re: Freeway Xing Tippler's Tax Adjournment The combined Executive and Planning Policy Committee of Santa Clara County Minutes of the June 24, 1971 meetings were noted. A letter from the County Librarian was presented in regard to appointment of a new Gilroy Librarian, Mrs. Evelyn Howard, effective August 2, 1971. Councilman Hughan requested Staff to inquire from the City of Morgan Hill when we can expect information in regard to the Sewer Report. Council requested that Staff notify the Public School Super- intendent of the.Public Hearing in regard to the prezoning for property proposed for the James Allan Meat Processing Plant. Council instructed Staff to contact the State in regard to Morgan Hil.]ls share of the Joint (M.H.-Gi1.) Sewer Trunk Line across the Freeway. The City Attorney reported that the State Assembly'did not pass the Bill regarding a proposed Tippler's Tax. The City Attorney noted that he would be absent from the Aubust Council Meetings and that his associate, Mr. Joseph Biafore, Jr. would be representing him at said Council Meetings. Councilman Pate noted an error in a recent article in the San Jose Mercury Newspaper in regard to the Meat Processing Co. being proposed to be located within the county. Director of Public.Works-City Engineer Henry noted that the department has been attempting to relieve Gilroy Foods and Gentry Corp. siphon. The Council were reminded of the July 24, 1971, Annual City Barbecue at the Gilroy Golf and Country Club. The Mayor noted the presence of Planning Commission Represen- tat i ve Obata. The Mayor adjourned the meeting at 10:50 p.m. Respectfully submitted, )'-- ->)Uo~?~