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Minutes 1961/06/05 2-1!}n '1...::..10 Gilroy, California June 5, 1961 This regular monthly meeting of the City Council is called to order by His Honor Sig Sanchez. Present: Council Members: George T. Duffin, Norman B. Goodrich, Wil- ford E. Jordan, Kenneth L. Petersen, Charles F. Quartiroll, Everett C. Went- worth and Sig Sanchez. The Mayor. asks If all Councilmen have received copies of the special meeting of May 5, 1961, and of the regular monthly meetings of May 1st and May 15, 1961. All Councilmen answer in the affirmative. The Mayor now asks if there are any errors or omissions in the minutes as presented. No errors or omissions are are noted. ,The Mayor now declares the minutes of the special meeting of May 5, 1961 and of the regular monthly meetings of May 1st and May 15, 1961 approved. The Mayor. states that this is the time and place for opening of bids for public official and employee bonds. Assistant City Administrator Reinsch explains that Proposal No. I is for an annual bid and Proposal No.2 is for a three year bid payable annually. The bids are opened and they. read as follows: I. Firman Voorhies Agency - No. 1- $323.83, No.2 - $868.14 total or $289.38 payable each year; 2. G. B. Rodeck - No.1 - $368.49, No.2 $967.28 total or $483.64 for the 1st year, $290.18 for the 2nd year, $193.46 for the 3rd year; 3. August Piedmont - No.1 -. $412.09, No.2 $379.55 or $189.78 for the 1st year, $113.86 for the 2nd year, $75.91 for the 3rd year; 4. E. E. Eustice Insurance - No.1 - $394.66, No.2 - $901 .89 total. Discussion is had. The bids are referred to the City Attorney to check proposal No.2 of the August Piedmont bid and to check the low bid of Firman Voorhies Agency. () 1 :3 0 The Mayor states that this is the time and place fqr opening of bids for construction of the Southwest sanitary outfall sewer line. City Engineer Hanna Jr. explains priefly the location of the proposed sewer 1 i ne. )iean9 Director of"Pub li cWq~ks Kludt open~ th,e b,1 ds and ~hey read as follows: Al ter'1a te ~o. 1 (<:! s bes tos cemen t pipe) '. Unit 'No.1' Unit ~o. i'ti~ft No.3 I. Lowrie Paving Co., San Francisco $139,403.02 '$2'~,076.00' "$13,274.72 Alternate No.2 (vitrified clay pipe) Unit No. I Unit No.2 Unit No.3 '$155,881.18 $23,259.20 $13,545.76 'I I W 2. Hydro-Tech We~tern Corp.Santa Clara , Al t,l Unit No. 1 Unit No. 2 Unit No. 3 ) , I' $135,981.00 $2,0 , 659.20 $11,520.80 Al t.2 ., . I Unit No. ~ Unit No. 1 Un i ,t No. 3 $152,088.40 $2q,659.2O $11,520.80 3. Graven Con~t.Co.,Sacramento ,Alt.l Unit No. I Unl t No. 2 Un i t No. 3 $149,450.40 $24,439.04 $15,776.88 AI t.2 Unit No. 1 Un'itNo. 2 Unit No. 3 $173,588.30 $25,245.12 $16,396.88 4. . Roy Price,lnc.,Walnut Creek Alt.l Unit No. I Unit No. 2 Unit No. 3 $154,869.74 $28,297.76 $14,756.24 AI t.2 Unit No. 1 Unit No. 2 Unit No. 3 No bid No bid No bid 5. Granite Const.Co.,WatsonviI1e Al t.l Alt.2 6. Ince Bros,Sunnyvalle 1, " 1,.1 ; Al t.l , Al t.2 i., 7. Fisher Co~t.C~.',~h6e~ix,Ariz. Al t.l Al t.2 8. Spartan Const.Co.,San Jose Alt.l Al t.2 9. Stockton Const.Co.,Stockton Alt.l Alt.2 10. Mcquire & Hester,Oakland Alt.l Alt.2 11. Bilardi Const.Co.,SanJose Alt.l Al t.2 12. E.T.Haas Co.,Belmont Alt.l Al t.2 Unt't No. I Unit No.2 Unit No.3 $148,813.20 $28 , 548. I 6 $13,176.00 U~'tt No. I Unit No.2 Un i t No. 3 $164,983.40 $28,548 . 16 $13,176.00 Unit No. I Unit No. 2 Unit No.3 $154,219.30 $26,250.40 $15,986.00 nit No. '2 .' Unit No. I Un i t No. 3 $167, 142.90 2 ,433.60 $16,0~h .80 UnIt No. 1 Unit No.2 Un i t No. 3 $141,002.90 $22,620.16 $12,381.36 Unit No. 1 Unit No.2 Unit No.3 $172,273.90 $23,206.40 $12,881.36 Uni t No. I Un i t No. 2 Unit No.3 $155,179.00 $26,932.00 $15,008.40 Unit No. 1 Un I t No. 2 Un i t No. 3 $180.094.60 $28,215.20 $15,708.40 Un i t No. I Unit No.2 Unit No.3 $143,992.90 $28,274.72 $15,313.28 Unit No. 1 Unit No.2 Un i t No. 3 $Voi d Void Void Un i t No. 1 Un i t No. 2 Un i t No. 3 $149,489.60 $21,680.00 $12,966.00 $162,237.00 $21,680.00 $13,256.40 Unit No. I Un I t No. 2 Un i t No. 3 $120,359.90 $18,325.60 $14,434.40 $148,106.90 $18,325.60 $17,734.40 Unit No. 1 Unit No.2 Unit No.3 $151,756.20 $25,817.60 $13.803.20 $175,954.80 $26,916.80 $14,803.20 ~ I I ~ J 13. Vall ey Engineers'lnc.Fresno Alt.l Unit No. I Unit No.2 . Un i t No. 3 $158,429.30 $27,649.60 $14,490.40 Al t.2 $176,550.00 $29,199.20 $14,780.80 14. Wm.Radtke & Son,Gilroy Al t.l Uni t No. 1 Un i t No. 2 Un i t No. 3 $151,306.74 $24,352.00 $14,684.00 A I t.2 $178,504.04 $26, 110.72 $ 1 5 , 6 13 .28 r l .......... 'I~t,.";"a ! .. 21Hl 15. Geo.C.Renz Const. ~o.,Gilroy Alt.l Unit No.1 $188,864..20 Alt.2 $209,640.00 Un i t No.3 $15,82~.40 $16,406.40 Unit No.2 $33,644.80 $34,744 .00 ~ City Engineer Hanna Jr. and Director of Public Works Kludt leave the room to check the bids. , The Mayor states that he has requested David Coryell and Le Grand Forsytfue to attend this meeting to explain their proposed building project in connection with protests from property owners for further, connection to the sewer line on Maple Street. Mr. Dale Long, spokesman for the group protesting additional connections to the sewer line on Maple Street, comes forward and explains that his group re- quests that the proposed building project of Mr. Coryell and Mr. Forsythe not be allowed to connect their building project to the present sewer line on Maple Street because of its inadequacy. The Mayor states that the City Engineer has prepared a study for the sewer line capacity on Maple Street. John Cirelli addresse~ the Council and protests further connections to the sewer line in question. City Administrator Carr reads the report of the City Engineer1s survey on the sewer line capacity explaining that this line is adequate. The Mayor calls on Mr. Coryell to explain his plans for the proposed La Hacienda Units. Mr. Coryell gives an explanation of the proposed building project. Discussion is had from the audience protesting approximately 75 people in one small strip of land. The Mayor states that this matter was brought before the Planning Commission and they have approved the site for a project of this type. The City Engineer and Director of Publ ic Works enter after checking the sanitary sewer line bids and the low bid is given to the City Attorney for ap- prova I . City Engineer Hanna Jr. reports that the capacity of the sewer line on Maple street is sufficient as statep in his report however he is not prepared at this time to state whether or not additional connections to this sewer line would be advisable. He recommends that a new line be installed from the proposed bui Id- ing project to East Street. Discussion is had on the odor arising from the present sewer line. The Mayor s,tat~s.that the City will replace the present manholes with sealed manholes if Mr. Blundo, owner of the sewer line, will give the City permission to maintain the manholes. Mr. Coryell states that they would like to begin constructing this project June 26th. The Mayor suggests that th~ property owners on Maple Street and Mr. Coryell enter into a cooperative sewer line project to service all parties concerned. Mr. Forsythe addresses the Council anp explains that any cooperative ven- ture is In his and Mr. Coryell IS favor and explains that the proposed building project is not intended to be unsightly nor do the owners intend to allow it to deteriorate. The Mayor states that this matter will be studied an~ a report will be made at the: next meeting concerning a cooperative sewer line project between the interested parties. The group that is protesting further sewer connections to the Maple Street line ask if the Seventh Day Adventist Church who presently' have a. septic tank can connect with the City sewer line. Director of Public Works Kludt is instructed to investigate this proposal. The City Attorney reports that he has checked the bid of August Piedmont and finds that it is Impossible to interpret the meaning intended. Assistant City Administrator Reinsch explains that he believes, Proposal No.2 total should be $1,181.05 instead of the total $379.55 as read. Discuss i on is had concern i ng the teqni no logy usedi n the low bid of F i r- man Voorhies Agency. The City Attorney states that the bid does not include honesty in accordance with the specifications. Mr. Voorhies states that the Fidelity Bond was intended to incl~de faith- ful performance and honesty. Motion by Councilman Goodrich second by Councilman Petersen and carried that the low bid of Firman Voorhies be awarded for Proposal No.2 in the amount of $289.38 annually for a three year period. Discussion is had on the bids for the sanitary outfall sewer line regard- ing awarding of the low bid. T~eMayor suggests that Bilardi Construction Company be informed that they are the low bidders and that the official awarding will be at a later date when the Council can decide which alternate and units they are going to seJect. Discussion is had. Motion by Councilman Goodrich second by Councilman Quartiroli that Bilardi Construction Company be notified that they are the low bidders and that the of- () 1 'J ') ~J_(')~! flcial awarding of, the contract wi II be at a later date. Mr. Steven Andrews, representing John Mansville Company, addresses the Council and requests the Counc~l 's Indication if they are going to select the asbestos cement pipe. Mr. Don Deacon, representing clay pipe industry, addresses the Council and explains the advantages of vitrified clay pipe. The Mayor states that a decision will be made at a later date concerning selection of Alternate No. I or Alternate No.2. A letter'is read from Mr. J. 1. Walker requesting the Council to reconsi- der his appl ication for a variance for "on-sale" beer at 55 West Sixth Street. The City Attorney reports that Mr. Walker must present his case showing that it is a hardship not to allow him to sell beer on these premises. The City Attorney states that this particular case is not a hardship as defined in the zoning ordinance~ Discussion is had. Motion by Councilman Goodrich second by Counci lman Petersen that a vari- ance be granted to Mr. J. T. Walker to allow an Ilon-sale" beer license on pre- mises at 55 West Sixth Street. Motion carried by unanimous vote of the Coun- ci 1 . An application is read for transfer of 'lon-sale'l beer and wine license to Club Jalisco at 36 South Monterey Street. City Administrator Carr reports that the Police Department have no objections. This application Is ordered fi 1 ed. A letter is read from Radio KPER requesting permission to display an au- tomobile on Monterey Street. Motion by Councilman Petersen second by Councilman Wentworth and carried that permission be granted to Radio KPER to display an automobile on Monterey Street. A report of the Planning Commission is read notifying the Council of the continued public hearing on official plan lines 6n Miller Slough and giving the Council information on the Off-Street Parking Ordinance; on the interchange proposals at OldGi I roy, Ninth and Tenth Streets; on "S" Zoning Districts; and on proposed changes to the zoning ordinance. A report from Director of Public Works Kludt is read cODcerning the inves- tigation of the request. for additional lighting on Princevalle Street between First and Second Streets. Motion by Councilman Petersen second by Councilman Goodrich and carried that the City proceed with the additional lighting on Princevalle Street as stated in Director of Public Works Kludt's report. City Administrator Carr presents Ordinance No. 655 for adoption. Motion by Councilman Wentworth second by Councilman Petersen and carried that Ordin- ance No. 655 be adopted. ~ ..J ... ~ ORDINANCE No. 655 AN ORDINANCE OF THE CITY OF GILROY, CALIFORNIA ADOPTING A REVISION AND CODI- FICATION OF THE ORDINANCES OF THE CITY OF GILROY ENTITLED liTHE CODE OF THE CITY OF GILROY, CALIFORNIA, 1960" PROVIDING FOR THE REPEAL OF CERTAIN ORDIN- ANCES NOT INCLUDED THEREIN WITH CERTAIN EXCEPTIONS, AND FOR OTHER PURPOSES HEREINAFTER SET OUT. PASSED AND ADOPTED THIS 5th day of June, 1961 by the following vote: AYES: COUNCIL MEMBERS: Duffin,Goodrich,Jordan,Petersen~Quartiroli,Wentworth, and Sanchez. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor reports that Judge Klarich was unable to attend this Council Meeting to accept the presentation of his certificate for service but will be present at the next Council Meeting. A proposed agreement with the County Flood Control District is read refer- ring to the Princevalle Storm Drain. Motion by Councilman Petersen second by Counci Iman Goodrich and carried that the City of Gi lroy enter into an agreement with the County Flood Control District. City Administrator Carr presents and reads Resolution No. 625 accepting deed. Motion by Counci Iman Duffin second by Councilman Petersen and carried that Resolution No. 625 be adopted. ~ ...I RESOLUTION NO. 625 RESOLUTION ACCEPTING DEED FROM JOHN HENRY STELLING AND INEZ STELLING, HIS WIFE. PASSED AND ADOPTED this 5th day of June, 1961, by the following vote: AYES: COUNCIL MEMBERS: Duffin,Goodrlch,Jordan,Petersen,Quartiroli ,Wentworth, and Sanchez. NOES: COUNCIL MEMBERS: None ABSENT:COUNCIL MEMBERS: None 2183 Resolution No. 626, accepting deed is presented and read. Motion by Councilman Goodrich second by Councilman Quartiroll that Resolution No. 626 be adopted. [ RESOLUTION NO. 626 RESOLUTION ACCEPTING DEED FROM ALVIN NOLL. PASSED AND ADOPTED this 5th day of June, 1961, by the following vote: AYES: COUNCIL MEMBERS: Duffin,Goodrich,Jordan,Petersen,Quartiroli ,Wentworth, and Sanchez. NOES: COUNCIL MEMBERS: None ABSENT:COUNCIL MEMBERS: None The Mayor calls on Mr. Ernest Filice and asks if he would like to say anything regarding an easement through his property for the proposed outfall sewer. Mr. Filice states that he is not prepared to defend his case. The City Attorney presents and reads Resolution No. 627. Mr. Filice states that the reason they are not going to give the City an easement is because the City did not offer anything other than agriculture sewer connection if desired and he believes that the City should give some further consideration. Motion by Councilman Goodrich second by Councilman Jordan that Resolu- tion No. 627 be adopted. RESOLUTION No. 627 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DECLARING PUBLIC NECESSITY FOR ACQUISITION OF EASEMENT AND AUTHORIZING THE CITY ATTORNEY OF THE CITY OF GILROY TO INSTITUTE SUIT IN EMINENT DOMAIN THEREFOR. PASSED AND ADOPTED this 5th day of June, 1961, by the following vote: AYES: COUNCIL MEMBERS: Duffin,Goodrich,Jordan,Petersen,Quarti rol i ,Wentworth, and Sanchez. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None J City Administrator Carr presents a proposed service agreement with the State Personnel Board for preparation and processing of tests for d'ob classifi- cations. The Mayor suggests that this agreement be held over to the next meeting because the Personnel Commission would like to discuss the possibi lity of the tests being prepared by their body. Motion by Councilman Petersen second by Counci lman Duffin and carried that a public hearing on the budget be set for June 19, 1961 at 8:00 p.m. A letter is read from Robert Podesta and Associates thanking the Counci I for endorsement of their efforts to obtain a permit for a F.M. Radio Station. Reports of receipts of City Officers are presented and read. The reports of the Building Inspector, Police Department arid Poundmaster are submitted to each Council member. Motion by Councilman Wentworth second by Councilman Petersen and carried that all reports be accepted as read and submitted. Progress reports on public works projects completed during the month of May and anticipated for June are submitted to each Counci I Member. . Counci Iman Petersen reports that he attended the Inter-City Council meeting in Cupertino. The Mayor recommends that Mr. Masaru Kunlmura be appointed to the Rec- reation Commission taking the place of Judge Klarich who recently resigned. Motion by Councilman Jordan second by Counci lman Wentworth and carried that Masaru Kumimura be appointed to serve on the Recreation Commission. Director of Public Works Kl9dt reports that the Planning Commission is proposing to change the variance proceedure in the Zoning Ordinance. Discussion is had concerning the proposed sanitary sewer route. The City Attorney explains the definition of a IIhardship case" on grant- ing a variance as referred to In the Zoning Ordinance. Councilman Petersen requests Information for establishing a beauty parlor in a home on South Dowdy Street. Director of Public Works Kludt reports that this can not be permitted in a residential zone such as South Dowdy Street. Councilman Duffin suggests that all "yield of right-of-way" signs in the City be removed and replaced with "Stop" signs or no signs at all. Chief of Police Laizure is asked to comment on the subject. Chief Laizure states that he agrees with Counci lman Duffin to remove "yield of rlght- of way" signs because they do not benefit the accident situation. Motion by Councilman Wentworth second by Councilman Petersen and carried that this Council Meeting adjourn to June 9, 1961 at 1:00 p.m. ~,-~,.. .....,.; -1../ City Clerk