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Minutes 1971/10/18 3278 Roll Ca 11 3rd Place Employee Safety Contest Minute Approval October 18, 1971 G i I roy, Ca 1 i forn i a 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: Fred P. Batrez, George T. Duffin, John Hughan, John E. Pate, Anthony C. Silva, David V. Stout, and Norman B. Goodrich. Award Mr. Edward Ziock, representing State Compensation Insurance Fund, presented a Third Place Award to the City of Gilroy for participation in the 1970-71 Employee Safety Contest. Mayor Goodrich accepted the award on behalf of the City and noted that this is a "first'! for the City of Gilroy. The Minutes of the Regular Council Meeting of October 4, 1971, were approved as mailed and recorded. . Minutes 3279 .' The Minutes of the Regular Council Meeting of October 4, 1971, were approved as mailed and recorded. Bid Opening (3) Purchasing Agent Reinsch reported on the following bids re- - Police ceived for three (3) police vehicles. Vehicles Alternate 1 Alternate 2 Alternate 3 ,1...cr;c""l. ........ Bid Opening re: Rough Grading N/Side Park - ....... So. Co. Youth Center-Hear- ing Appeal r' 1._.... I. Byers-White 2. Bob Lynch Ford 3. Marx-Chevrolet $9,865.35 $8,515.35 $9,668.00 $10,615.35 $ 9,565.35 $10,018.75 $1,209.00 $ 939.54 $ 970.53 It was noted that the City has the option to purchase these vehicles (Dodge Polaras w/400 cu. in. engines) for $8,771.35 from the State. Motion was made by Councilman Duffin seconded by Councilman Stout to purchase the three police vehicles from the State under the Co- operative Purchasing Agreement. It was further noted that $7,700 was budgeted for the purchase of these vehicles. Councilman Duffin amended his motion which was seconded by Councilman Hughan and car- ried that the budget (Account l4Cl) be amended in the amount of $1,508 in order to purchase the three police vehicles from the State. City Administrator Wood reported on the following bids re- ceived for the rough grading of Northside Park: (1) E. A. Buttler Contractors, Inc.., Sa 1 i nas - $26,000; (2) Robert F. Lawrence Co., Inc., Mi llbrae - $28,000; (3) Gold Coast Construction, Inc., Sal inas- $33,920; (4) Maxdon Construction, Inc., Santa Clara - $34,900; (5) Bellicitti & Pellicciotti Construction Co., Santa Clara - $36,950; (6) George Renz Construction Co., Inc., Gilroy - $46,900; (7) Granite Construction Co., Watsonville - $63,226; (8) Eilert & Smith, Inc., San Jose - $68,989. Discussion was had as to the possibility of the excavations filling with water during the winter rains. The City Engineer stated that the present channel through the park site will be kept open. The question was raised if the City was assured that the proposed lake would hold water. The landscape architect noted he would obtain a copy of the Engineer's Report to determine same. Motion was made by Councilman Hughan seconded by Councilman Batrez and carried that the bid for the rough grading of Northside Park be awarded to E. A. Buttler Contractors, 'Inc., of Sal inas, in the amount of $26,000, subject to the City Attorney's approval. Council- man Stout voted "No" on said motion. The Mayor noted this was the time for the Hearing Appeal of the South County Youth Center regarding the Planning Commission's denial of a use permit for a Youth Center at 7484 Monterey Street. The City Attorney explained the procedures on such hearings and noted that this is a hearing to review the Planning Commission1s reasons for denial of the use permit; those being parking problems and the general location of the youth center; further noting that in order to amend the Planning Commission's decision, Council must find error on the part of the Planning Commission for the basis of their decision. Mr. Fernando Tellez, Assistant Director of the South County Youth Center, addressed the Council and stressed the need for a facility in Gilroy for the youth, particularly those from low-income families, to come in and participate in the activities provided by a you th cen ter. Mr. Tellez was asked if he noted an error at the Planning Commission1s meeting of September 17, 1971. Mr. Tellez noted that a motion had been made but was not seconded. The City Attorney stated that a motion was made but died for lack of a second. Mr. Tony B. Garcia, Director of the South County Youth Center, addressed the Council noting that the Youth Center had inherited the present building and agreed that a better location was desirable but seemed impossible to find, and that if funds were available, they would seek another locale. Mr. Garcia further noted that the Parks and Recreation De- partment had excellent programs for the youth of the City such as the boxing program, but felt there was a need for a continuous program rather than one that met once a week. .3280 Res. #1598 Mr. Garcia was questioned as to how the Youth Center was funded, and stated that the Center is funded by the Federal Govern- ment and that each State has a target area for low-income families; Santa Clara County being such an area. 11IIII The City Attorney noted that the Planning Commission1s action is not dis-approval of the Youth Center Program but of the location. - The Mayor asked if anyone else wished to speak on the appeal. Motion was made by Councilman Stout that the resolution denying the appeal and confirming the action of the Planning Commission be read. The City Attorney noted that Council could modify the action of the Planning Commisssion if found that the Planning Commission did err. Discussion was had. (Motion died for lack of a second). .... .... Further discussion was had regarding possible alternate lo- cations for the youth center. Mr. Garcia stated that he had con- tactedseveral owners of other buildings and noted there Were some desirable locations available, but the center, at this time, could not afford the rental prices on most. When questioned if he felt the Planning Commission erred in their decision, Mr. Garcia stated that as an individual, he probably would have voted the same way. However, he felt that the center was being pre-judged by the actions of previous organizations that had been located in the downtown area.> Further discussion was had. The City Attorney read Resolution No. 1598 denying the appeal of the Planning Commission1s denial of a use permit for a youth center at 7484 Monterey Street. Discussion was had. Motion was made by Councilman Stout seconded by Councilman Batrez and carried that the resolution be amended to modify the Planning Commis~ on1s decision by permitting occupancy at the present location until December 31, 1971. RESOLUTION NO. 1598 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DENYING WITH MODI- FICATIONS THE APPLICATION OF SOUTH COUNTY YOUTH CENTER FOR A CON- DITIONAL USE PERMIT TO OPERATE A YOUTH .CENTER AT 7484 MONTEREY STREET IN THE CITY OF GILROY ON APPEAL FROM RESOLUTION NO. 558 OF THE PLAN- NING COMMISSION DENYING SAME. PASSED AND ADOPTED this 18th day of October, 1971, by the following vote: AYES: .. 11IIIII COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNelL MEMBERS: Batrez, Duffin, Hughan, and Goodrich None None Pate, Silva. Stout, Plan.Com. Report The Report of the Planning Commission Meeting of October 7, 10/7/71 1971, was presented and explained by Secretary Henry, noting a re- quest of G. L. Standish to rezone property located on Wren Avenue, south of, and adjacent to, the extension of Welburn Avenue, from R-l (Single Family) to R-3 (Low Density Multiple). Motion was made by Councilman Pate seconded by Councilman Silva and carried setting November I, 1971, as a public hearing date for said rezoning request. Tentative Map Northwood #3 P. & R. Com. Spec. Meet. 10/14/71 re: N/Side Pk. Master Plan The Tentative Map for Northwood Unit No.3 was presented and approved. The Report of the Special Meeting of ithe Parks and Recreation Commission on October 14, 1971, was presented and explained by Director Ayer recommending approval of the Master Plan for Northside Park. .. 11IIIII Mr. Kazuao Abey, representing Royston, Hanamoto, Beck & Abey, landscape architects, addressed the Council and explained the Master Plan of the total park site and the plans for the first phase develop- men t. .. City Administrator Wood noted that H.U.D. has authorized a $108,000 grant, to date, and have advised the City to re-apply for an additional grant next year. .. -.... RR X-ing Im- provements- Lew i s & Martin STs. .....'--;::-::c~ """"'. Req. to Amend Code re: Raw Milk Sales Pkg. Spaces on City Sts. & Hwys. ,..",.""" '-- Res. #1599 re: Poll ing Places & Elec.Officers , ........4 Spay & Neuter Cl in i c 3281 Motion was made by Councilman Duffin and seconded by Council- man Hughan that the Master Plan for Northside Park be approved as submitted and the architects be authorized to continue with the working drawings. Di~cussion was had regarding security and main- tenance problems and the costs of same. The motion was carried with Counc i lman S tou t vot i ng "No1). City Administrator Wood reported on a proposal by Southern Pacific Transportation Company to improve the railroad crossing protection at Lewis and Martin Streets, recommending that the mat- ter be referred to next year1s budget study sessions. Discussion was had and the matter referred to next year's budget study sessions. City Administrator Wood presented a request of the County Health Department to modify the City Code to meet recent changes in County milk qual ity requirements. Mr. Ronald A. Sharp, Supervising Milk and Dairy Inspector for the County, addressed the Council, noting the recent increase in raw milk sales; further noting it is his department1s intention to upgrade the quality of raw milk sales throughout the County. Discussion was had. Motion was made by Councilman Pate seconded by Councilman Silva and carried that the City Attorney be instruc- ted to prepare an ordinance modifying the City Code to incorporate the County's requirements pertaining to raw milk sales. The Mayor noted that the repeal qf out-dated and pre-empteq Sections of the City Code would be discussed at an Executive Session following this meeting. The City Attorney presented a proposed ordinance establish- ing marked parktng spaces on city streets and highways to be intro- duced and published. Discussion was had. Motion was made by Council- man Pate seconded by Councilman Hughan and carried that a draft of the proposed ordinance be submitted to the State Division of Highways for approval before introduction of same. City Administrator Wood presented Resolution No. 1599 Desig- nating Polling Places and Appointing Election Officers for the Spe- cial Municipal Election of November 23, 1971, for adoption. Motion was made by Councilman Pate seconded by Councilman Silva and carried that the reading of Resolution No. 1599 be waived and it be adopted. RESOLUTION NO. 1599 A RESOLUTION OF THE CITY OF GILROY PROVIDING FOR THE CONSOLIDATION OF THE REGULAR ELECTION PRECINCTS FOR CONDUCTING THE SPECIAL MUNI- CIPAL ELECTION TO BE HELD IN THE CITY OF GILROY ON NOVEMBER 23, 1971, FIXING POLLING PLACES AND DESIGNATING ELECTION OFFICERS FOR SAID SPECIAL ELECTION. PASSED AND ADOPTED this 18th day of October, 1971, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Hughan, and Goodrich None None Pate, Si lva, Stout NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: City Administrator Wood noted a second letter from the Peninsula Animal Welfare Society, Inc., clarifying their previous correspondence and requesting the City to write to the County Board of Supervisors qsking them to consider a low-cost spay and neuter clinic to be financed, and run, by the County. Motion was made by Councilman Stout seconded by Councilman Duffin and carried that the City contact the County requesting that they consider the concept of a low-cost spay and neuter clinic. Req. for Annex.- City Admini~trator Wood noted a request for annexation of re: KOA Camp- four acres off Morey Avenue to be ut i 1 i zed for a KOA (Kampgrounds ground(Morey of America) Campground. Discussion was had in regard to sewer hook- Ave.) up and the possibility of using a package seWer treatment plant for 3282 flNol1 Argument Spec. Mun i . Election 11/23/71 the campground. Motion was made by Councilman Pate seconded by Coun- cilman Silva and carried that the request of Wm. Robin~on be denied on the basis that the City1s policy does not allow package plants. 11IIII re: City Administrator presented a request of the Citizens for Better Community Planning to place an argument in opposition to the Council1s argument on the ballot for the Special Municipal Election of November 23, 1971. Discussion was had. The City Attorney noted that this procedure is controlled by the State Election Code with no local waiver provided. The City Attorney read an Opinion in reply to said request further noting that such an argument should have been filed with the referendum petItion. ... .. Req. to Solicit City Administrator Wood presented a request of the South ... So.Co.Youth County Youth Center to solicit funds through various fund-raising Center projects. Said request was denied noting that a separate request must be presented for each specific project. Trans.Pol.Com. Minutes 9/8/71 Letter re: Channel Plugs D i v ./ Hw y s . Jt.Playground Program ICC Meeting at G i I roy , Ronan Ave. -So. Chestnut St. I mp. D i st. Res. #1600 The Transportation Policy Committee Minutes of the Regular Meeting and Public Hearing of Wednesday, September 8, 1971, Were noted. A letter from the Division of Highways was noted in regard to the removal of channel plugs from diversion channels prior to seasonal rains. A letter from Mr. Robert Infel ise, District Superinten- dent, Gilroy Unified School District, was noted, commending the cooperative playground program between the School District and the City's Parks and Recreation Department. City Administrator Wood noted the death of Mr. Bill Eckert, Plant Superintendent for James Allan & Sons, the past Saturday evening. .. 11IIIII City Administrator Wood noted that the Secretary of the Inter-City Council has requested that the meeting to be held in Gilr~ be changed from November 4, to Novem~er 11, 1971. Councilman Pate noted that the County has adopted a morator- ium on requests for mobile home sites in rural areas. Councilman Silva inquired if the City intended to repair the pipeline siphon on the Frank Serafin property. Public Works Direc- tor Henry noted it would cost approximately $18,000 - $19,000 to re- place said pipeline. Director of Public Works-City Engineer Henry requested adoption of a resolution granting extra-territorial jurisdiction to undertake necessary proceedings for Ronan Avenue - South Chest- nut Street Improvement District, noting the estimated cost of the project is $497,207.80. Motion was made by Councilman Pate seconded by Councilman Silva and carried that the reading of Resolution No. 1600, granting extra-territorial jurisdiction, be waived and it be adopted. ... .... RESOLUTION NO. 1600 A RESOLUTION REQUESTING CONSENT OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CLARA TO THE EXERCISE OF EXTRA-TERRITORIAL JURIS- DICTION TO UNDERTAKE PROCEEDINGS FOR THE ACQUISITION AND CONSTRUC- TION OF PUBLIC IMPROVEMENTS AND TO PROVIDE THAT THE COSTS SHALL BE ASSESSED UPON THE DISTRICT BENEFITED, UNDER APPROPRIATE SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS. - RONAN AVENUE-SOUTH CHESTNUT STREET PROJECT NO. 1971-1. 11II ..... Res. #1601 Purch. of Pol ice Vehicles 3283 PA~SED AND ADOPTED thJs 18th day of October, 1971, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Hughan, Stout, and Goodrich None None Pate, Silva, NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Chief Brittain noted that as a result of the recent fire on Hanna Street, two youngsters from Jamaica are in need of a place to stay and requested assistance in locating a temporary home for these boys. re: Purchasing Agent Reinsch requested a resolution authorizing the Department of General Services of the State of California to purchase three (3) police vehicles for .the City of Gilroy. Motion was made by Councilman Pate seconded by Councilman Silva and car- ried that the reading of Resolution No. 1601, authorizing the pur- chase of the three police vehicles, be waived and it be adopted. RESOLUTION NO. 1601 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS. PASSED AND ADOPTED this 18th day of October, 1971, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: Batrez, Duffin, Hughan, Stout, and Goodrich COUNCIL MEMBERS:None COUNCIL MEMBERS: None Pate, Silva, Mayor Goodrich noted the presence of Planning Commissioner Trevis Berry in the audience. At 11:00 p.m. the meeting was adjourned to an Executive Session. The Council returned from the Executive Session at 11:40 p.m. The Mayor announced that introduction of an ordinance re- pealing out-dated and pre-empted sections of the City Code will be continued to the next meeting. At 11:45 p.m., the meeting was adjourned. Respectfully submitted, ,,1 . (f /j 0f..~1 ; " (! t!--rUciq Deputy City ClerkU ph