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Minutes 1967/06/05 ..,..,.::;,""- Roll Ca 11 - Minutes Bids:re: '67 St. Paving Proj .#67-2 -"' ..... Bids: re: S. Chestnut St. Ext.Proj. 1967-1 Award ,of bid re: 67-2 St. Paving Pub.Hear.re: S.Chestnut St. Ext.-67-1 ..... ...... 2667 Gilroy~California June }OJ' 1967 '5 The Regular Meeting of the ~ilroy City Council was called to order by His Honor Norman B. Goodrich at 8:02 p.m. Present: Council Members: John E. Allemand, George T. Duffin, ,Mark E. Kennedy, Jr., Charles F. Quartiroli, Everett C. Wentworth, and Norman B. Goodrich. Absent: Council M~mber: Anthony C. Silva. The Minutes of the Regular Meeting ~f May 15, 1967 and of the Special Meeting of May 23, 1967 were approved as mailed and recorded. The City Engineer reported on bids opened at 2:00 p.m. on June 5, 1967 for Improvement of certain City Streets regarding Project 1967-2. He stated that the following bids were received: 1. A.~. Raisch Paving Company of San Jose - $26,490.00; 2. L.C. Smith Co. of San 'Jose - $27, 033.00; 3. Leo F. PJ.azza Paving Com- pany of San Jose - $30,157.00; and 4. Granite Construction Co. of Watsonville - $24,785.65. Councilman Anthony C; Silva entered during the report on the above bids and took his seat at the Council Table. The City Engineer recommended that the low bid of Granite Construction Company be awarded for the 1967 Street Paving Project No. 1967-2. Said bid was referred to the City Attorney for check- ing. The City Engineer reported on bids opened Thursday, June 1, 1967 for South Chestnut Street Extension - Project No. 1967-1. He stated that the following bids were received: I. Radtke & Son - Gilroy - $131,469.47; 2. Thomas Construction Co. of Fresno - $137,234.70; 3. L.C. Smith Co. of San Jose ~ $136,275.40; 4. Geo. C. Renz Construction Co. of Gilroy - $121,150.50; 5. Granite Construction Co. of Watsonville - $122,594.00; and 6. S.R. Spencer of Gilroy - $122,732.90 and recommended that the award of said bi~ be tabled to the Public Hearing on said project. The City Attorney reported that the low bid:of Granite Construction Co. in the amount of $24,785.65 for the 1967 Street Paving Project 1967-2 was in order. Motion was made by Council- man Quartiroli seconded by Councilman Allemand and carried that the bid of Granite Construction Company for ,the 1967-2 Street Paving Projects be awarded in the amount of $24,785.65. The Mayor stated that it was the time and place scheduled for the Public Hearing on the Engineer's report regarding Improve- ment'of South Chestnut Street Extension - Project No. 1967-1. City Engineer Henry presented and explaJned said Report. The City Clerk presented and read a written protest from Bruce Jacobs, Attorney-at-Law, representing the property owners of the proposed District, protesting to the method of assessing the owners on a: front foot basis explaining that the property owners had previously entered into an agreement between themselves that the assessment of any proposed district be on an acreage basis. The Mayor asked if there was anyone in the audience wishing to speak against for-I mation of the proposed assessment district. Mr. Bruce Jacobs addressed the Council and reported that the agreement of the property owners was signed by all property owners in the proposed assessment district. Mr. Jack Howson addressed the Council and states that he would agree to the proposed assessment if same were calculated on an acreage'bas.s. MD. Donald Engle, property owner, addressed the Council and stated that since he had signed the agreement requesting that 1. .' ,n ,,, 8 U'\ !') , -- ~.,' said assessment be calculated on an acreage basis he was not aware that the majority of Cities in Santa Clara County.s method of assessing was on a front foot basis and if the City of Gilroy wished to follow the common practice of other cities in the County that he did not wish to protest the City of Gilroy's method of assessing. Mr. Bruce Jacobs addressed the'Council and stated that he has an Agreement signed by Mr. Engle regarding assessing on an acreage basis and that he believes in what he signs. ..... Mr. Engle addressed the Council and stated that at the present time he is not in opposition to the City's method of assessing and states that the property owners should not object to the City's method of assessing. ..... Mr. Edward Hassell, of 37 So. Chestnut Street, Gilroy, ad- dressed the Council and inquired as to the further extension of South Chestnut Street north of 6th Street. The Mayor infdrmed Mr. Hassell that properties not within the present proposal of S. Chestnut Street at this time is out of order and that the issue at this moment is the proposed extension ,of 'south Chestnut Street as outlined in the Engineer's Report. City Engineer Henry explained the method of;assessing on a front foot basis vs. acreage basis. Mr. Bruce Jacobs addressed the Council and stated that the Agreement between the property owners in the proposed assessment district was what the entire property owners agreed upon and that no one else should enter into the matter if they desired the assessment to be on an acreage basis. Mr. Phil Assaf, Bonding Attorney for the City, addressed __ the Council and stated since the time the said Agreement was signed the property owners have changed and this is why it is ~ necessary to have a Public Hearing so that if anything has arisen subsequent to any agreements and prior to formation of an Assessment District all matters can be hear.d., He further stated that the Agreement referred to is not binding upon the City that it is between the property owners only and that the City Engineer decides the method of assessment which he believes in his judgement to be the most equitable to all property owners. Further discussion was had from Mr. Bruce Jacobs and Mr. Donald Engle regarding the method of. assessing for formation of the propesed district. Mr. Jack Howson, addressed the Council, and stated that he would agree to formation of the proposed assessment district if the method of assessing was on an acreage basis rather than a front foot basis as recommended by the City Engineer. Mr. Samuel R. Spencer, addressed the Council, and reported that the two parcels that he sold to the Bank of America and Spartan Construction Company were purchased with knowledge of the Agreement that any assessments would be calculated on an acreage basis and that said owners would sign an Agreement with the same terms if necessary. -- ,Mr. Phil Assaf, Attorney, reported that the law allows the City Engineer to determine the method of calculating assessments according to benefit and that if an acreage method was used, it would be necessary to create zones which WDuld eliminate the back portion of the parcles and that the figures would result approx- imately the same as the front foot method calculation. Mr. Assaf recommended that the Public Hearing be continued to June ~9, 1967 to determine if the property owners could come to an agreement on the method of assessmerrts for the proposed district. That if same were closed at this time it would prohibit any further evi- dence to be presented regarding the proposed Assessment District. Motion was made by Councilman Quartiroli seconded by Councilman Kennedy and carried that the Public Hearing be continued to Monday, June 19, 1967 at 8:00 p.m., Council Chambers, 10 South Rosanna - Recess ....... ......" Pub.Hear.Re: rezoning M. Chiesa's Property- N.MontereySt. - ... Bethel Church Building """"'" -- '2669 Street, Gilroy, Califom ia. City Administrator Wood noted that the City would furnish the property owners with any information desired regarding formation of the proposed Assessment District for the South , Chestnut Street Extension Project 1967-1. At 9: 15 p.m. 'the Mayor declared a recess. At 9: 16 p.m. the Mayor called the Council Meeting to order. Counc i lman Quart i roll requested permi ss i on to be excused. The Mayor excused Counc 11 man Quar t i ro 1 i . The Mayor stated that it was the time and place for the Public Hearing on the proposed rezoning of M. Chiesa1s 16.44 acres fronting Monterey Highway north of Farrell Avenue. The Mayor asked if there was anyone in the audience wLshing to speak for or against the proposed rezoning. There was no comment from anyone in the audience. Mo'tion was made by:Councilman Allemand seconded by Councilman Wentworth and carried that the Public Hearing be closed. Councilman Quartiroli entered and took his seat at the Council table. Discussion was had regarding the Official Plan Lines pro- posed on Wren Avenue and on North Church Street extension. Mr. M. Chiesa asdressed the Council and stated that he would be in accord with any official plan lines proposed for North Church Street in connection with his property now proposed for rezoning. The City Attorney presented and read a proposed adinance rezon- ing the said property of M. Chiesa located on North Monterey Highway north of Farrell Avenue. Motion was made by Councilman Wentworth seconded by Councilman Duffin and carried that the proposed ordinance be introduced and published:bytitle and summary. The Mayor noted that he would deviate from the Agenda to accomodatethose interested persons in the audience present for two different items. The Mayor requested that City Administrator Wood present his report on the Building Permit-issued the:Bethel Cburch for a proposed building at 350 West Eighth Street. City Administrator Wood presented and explained said report. The City Attorney presented an opinion on issuance of said building permit to the Bethel Church. 'He noted that the question was whether said intent was to expand the present Church building or completely rebuild an entirely new building. Mr. David Gi lchrist, Architect for ,the Bethel Church, ad dressed the Council and explained that he had received corres- pondence from the Building Department of the City of Gilroy that the proposed plans to reconstruct a .church at 350 W. 8th Street. had been approved and requests that the suspension of said building permit be removed and that they be allowed to proceed with construction of said church building. Rev. Pete Presiado, Resident Agent of the Latin-American Church, addresses the Council on behalf of the Latin American people of Gilroy and requested that said church building be allowed. The Mayor asked if there was anyone in the audience wishing to speak 'for or against the proposed church building. Mr. Joseph Ordaz, addressed the Council, and objected to the construction of said church building' on the basis that there was not sufficient parking spaces provided for said building. Further discussion was had by the Council on the matter of issuance of said building permit. Ord.#797 re:O.P.L.'s Ordinance No. 797 was presented for adoption establishing N.Chestnut St. Official Plan Lines for North Chestnut Street from Lewis Street to Leavesley Road. Motion was made by Councilman Wentworth seconded by Councilman Duffin that the reading of Ordinance No. 797 be waived and that it be adopted. ORD.797 - ADOPTING O.P.L'S FOR NORTHERLY EXTENSION OF CHESTNUT ST. FROM LEWIS ST. TO LEAVESLEY RD.All Council voting Motion was made by Councilman Kennedy seconded by Councilman ,Duffin and carried that the awarding of bids for the proposed South Chestnut Street Extension Project 1967-1 be continued to the Public Hearing for said project on Monday, June 19, 1967. 9670 Proposa 1 re: City Lands ( Elks) Bids: re:S. Chestnut St. Ext.1967-l 1967-2 Street Paving Proj. Plan.Com.Meet. 5/25/67 Plan. Com. Meet. 6/1 /67 Mr. Alfred Perez, Legal Council of the Gilroy Office of California Rural Legal Assistance, addressed the Council and re- quested that the Council ,should consider the fact that the building permit for construction of said church b~ilding has already been issued and that the Councll should consider the moral obligation. City Administrator Wood clarified a question of Mr. Joe Ordaz stating that he had contacted the City regardihg the issuance of a building permit prior to issuance of the second permit and Mr. Ordaz was advised that the permit was originally issued under an examption provided in Section 53.2 of the Zoning Ordinance. ...... Rev. Alvarado, Representative of the District Churches of California, addressed the Council and inquired about the petition containing 20 sLgnatures of Gilroy residents objecting to said church building. City Administrator Wood informed Rev. Alvarado that the objection to same was on the basis of not suffici~nt . Iparking spaces being provided. ....." Mr. John San Miguel, Representing the Area Service Center, asdressed the Counc i 1 ,and recommended that the Bethe 1 Church Group be allowed to construct said church. Motion was made by Councilman Duffin seconded by Councilman Wentworth and carried that the Building Permit be reinstated for the proposed Church Building at 350 West 8th Street, Gilroy. Discussion was had regarding an injunction against the building permit allowed. The City Attorney informed Council that same if filed would not be against the City, that the building would merely be stopped. The Mayor requested that the Report on City Lands located adjacent to the Gilroy Municipal Golf Course be presented at this time. City Administrato~ Wood presented and explained said report. Motion was made by Councilman Quartiroli seconded by Councilman Silva and carried that the City sell a portion of property located adjacent to the Gilroy Municipal Golf Course, said portion to_be determined and conditioned by Council at a later date. .... - Mr. John Klarich, Chairman of the Elks Lodge Building Committee, addressed the Council and presented an offer of $5,000.00 per acre for five requested acres subject to the Board of Trustees and Membership of said B.P.O.E. organization, and subject to a favorable site report. Council requested that the Elks organization present said offer in writing. It was noted that the City would also obtain an appraisal report on said offer prior to acting upon sale of said lands. ,\, "AYE". City Engineer Henry further reported on the 1967-2 Street Paving Projects giving in detail the specific streets affected by sa i d proj ect. ... - Secretary of the Planning CommiBsion Henry presented and explained the report of the Planning Commission Meeting of Thurs- day, May 25, 1967 informing Council of a Condit~onal Use Permit granted Atlantic Richfield Oil Co. to construct a Service Station at the Southwest corner of Leavesley Road and Murray Avenue. Secretary of the Planning Commission Henry presented and explained the report of the Planning Commission meeting of Thursday, June 1, 1967 informing Council of their review of the Tentative Map of a proposed Subdivision "Northwood'J, submitted by Bollenbacker and Kelton Developers to be located on Morey Avenue 800 feet north of Hecker Pass Highway and tabling same to the June 15, 1967 meeting for recommendation; also informing Council that Planning 26'71 Consultant, Mr. Warren Jones, in conducting a st~dyof parking requirements for various uses in other Cities as compared to the requirements of the City of Gilroy. State Legislation City Administrator Wood reported on Pending State Legisla- tion. Motion was made by Councilman Quartiroli seconded by Council- man Kennedy and carried that'the City follow the recommendations of said legislation as prepared by the League of California Cities to be presented to our Legislators.' "..... I ~ Water Samples City Administrator Wood presented a report on satisfactory Water Samples taken by the Santa Clara County Health Department. Council agreed that said report be filed. Budget Amend. re: 6B6 Annual Fire Dept.Report Budget .Amend. 22B8 City Administrator Wood presented a request for a Budget Amendment to Planning Commission Account 6B6 in the amount of $1',354.00 to allow for the City.s share under the 701 Planning Study. Motion was made by Councilman Wentworth seconded by Councilman Quartiroli and carried that the 1966-67 Budget be amended to increase Account 6B6 tn the amount of $1,354.00 as requested. The Annual Report of the Gilroy Fire Bepartment was noted and discussed. Fire Chief Brittain was commended on said Report. City Administrator Wood presented a request for a Budget Amendment to Parks and Recreation Account 22B8 in the amount of $1,000.00 for purchase received from the Economic Opportunity Commission as per their Agreement for summer recreational activi- ties. Motion was made by Councilman Allemand seconded by Council- man Wentworth and carried that the 1966-67 Budget be amended to increase Account 22B8 in the amount of $1,000.00 as requested. Ord.Codification City Administrator Wood presented a report on a Codifica- Agreement tion Agreement for cofification of ordinances. Motion was made by Councilman Wentworth seconded by Councilman Duffin and carried that the Mayor or City Administrator be authorized to wxecute an Agreement for Codification of Ordinances. I""""" .... So.Co.Airport City Administrator Wood presented a report on the South County Airport Plan. He noted that a Meeting should be requested with the Board of Supervisors to discuss this matter. The Mayor instructed the City Administrator to arrange for said meeting. Health Ins. City Administrator Wood reported on Group'~Hea1th Insurance Council Members forCity Officials. Motion was made by Councilman Wentworth seconded by Councilman Allemand and carried that the City Council Members desiring to be included in the City.s Group Health Insurance be approved and that the premium for the insured be paid by the City and dependents if any, be paid by the insured. Ord.re: Bicycle The City Attorney presented and explained a proposed Licensing ordinance regarding Modification to the Bicycle License Ordinance. Motion was made by Councilman Wentworth seconded by Councilman Allemand and carried that the reading of the proposed ordinance be waived and that it be published by title and summary. - I ! St.Hwy. Com. Meet. A letter from the State,Highway Commission was presented re:10l Bypass confirming the City.s presentation at the Commissions. July Meeting regarding the 101 Bypass. .... Junipero Serra Freeway Maint.re: N. Church St. A letter from the'Town of LOs 'Altos Hills was presented in regard to Prohibiting Truck Traffic on Junipero Serra Freeway. Said letter was ordered filed. Director of Public Works Henry reported that the dirt in the gutter on the North Church Street Extension P.roject will be removed. Golf Course Com. Councilman Duffin inquired of the proposed Golf Course Meeting Committee meeting with the Board of ,Trustees~ City Administrator Wood noted that said meeting was pending for an offer of adjacent lands from Mrs. Marsten and that the Appraisal of said lands had .1~;7') - ,.1 ........ been received and a report of same will be placed on the next Counc i 1 Agenda. Sewer Com.Meet. City Administrator Wood noted the Sewer Committee Meeting. on Tuesday, June 6, 1967 at 8:00 p.m. Res.#112l & $1122 The City Attorney presented and read Resolution No. 1121 re:overchg. regarding Settlement for overcharging of past pipe purchases. pipe Motion was made by Councilman Wentworth seconded by Councilman Duffin that Resolution No. 1121 be ado~ted. RESOLUTION RE: DISTRIBUTION PASSED AND ADOPTED this 5th vote: AYES: COUNCIL MEMBERS: OF SETTLEMENT FUNDS AMOUNG PLAINTIFFS. day of June, 1967, by the following ...... I i ......J RESOLUTION NO. 1121 NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Allemand,Buffin,Kennedy,Jr., Quartiroli, Silva,Wentworth,and Goodrich None None The City Attorney presented and reaq Resolution No. 1122 regarding Memorandum for above Settlement. Motion was made by Councllman Wentworth seconded by Councilman Allemand~that Resolu- tion No. 1122 be adopted. RESOLUTION NO. 1122 RESOLUTION RE: MEMORANDUM OR UNDERSTANDING FQR SETTLEMENT OF WEST COAST PIPE CASES BETWEEN ALL PLAINTIFFS AND CERTAIN DEFENDANTS. PASSED AND ADOPTED.this 5th day of June, 1967, ,by the following vote: AYES: COUNCIL MEMBERS: Allemand,Duffin,Kennedy,Jr.,Quartiroli, Silva,Wentworth, and Goodrich NOES: COUNCILMEMBERS: NONE ABSENT: COUNCIL MEMBERS: None ..., ! ......,J I.O.O.F. Ave. Councilman Allemand stated that he would put some temporary ext.maint. fill on I.O.O.F. Avenue extension. Director of Public Works Henry noted that it would be replaced with aggregate by the City as soon as possible. Res.#1123 re: Easement for Water Main Ext.-Luchessa Director of Public Works Henry presented a resolution authorizing execution and acceptance of an Agreement with the Southern Pacific Railroad regarding an eas~ment to extend a water main~b~d~r_the railroad crossing at Luchessa Avenue. Motion was made by Councilman Allemand seconded by Councilman Duffin that Resolution No. 1123 be adopted. RESOLUTION NO. 1123 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN EASEMENT FOR THE INSTALLATION OF A 12 INCH WATER MAIN AT THE LUCHESSA AVENUE CROSSING IN GILROY AND AUTHORIZING ITS EXECUTION. PASSED AND ADOPTED this 5th day of Julie, 1967, by the following vote: AYES: COUNCIL MEMBERS: Allemand,Duffin,~ennedy,Jr.,Quar:tiroli , Silva, Wentworth, and Goodrich None None' NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: ~ Proposed Library The Mayor appointed Councilman Wentworth to meet with the Tax Board of Supervisors at their request to represent the City regard- ing the proposed County-wide Libeary Tax. Said meeting to be held on June 15, 1967 at 3:00 P.M. ....... Hwy.Com.- Kiwanis Speaker City Administrator Wood noted that Highway Commissioner~ Mr.Cristina, will speak at the next regular meeting of ,the Kiwanis Club if any of the Council who are non-members wish to attend, arrangements can be made. Adjourned At 11:23 p.m. motion was made by Councilman Allemand seconded by Councilman Wentworth and carried to adjourn. Respectfully s",~~~. ~r~'/'~d\