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Minutes 1969/05/05 J953 ~ I G il roy, Ca 1 i forn i a Ma.y 5, 1969 The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:01 p.m. Present: Council Members: George T. Duffin, Mark E. Kennedy" John E. Pate, Anthony C. Silva, Everett C. Wentworth, and Norman B. Goodrich. Absent: Council Member: Fred P. Batrez. Minutes The Minutes of the Regular Counci 1 Meetingof'Apri 1 21, 1969 were approved as mailed and recorded. 0954 Certificates of Servicel Cowardin & Chappe 11 The Mayor presented a Certificate of Servi ceto retired Li b- rary -& Culture Commissioner, Mrs. Vernie Cowardin and to retired Planning Commissioner, Robert P. Chappell. At 8:05 p.m. Counci lman Batrez entered and took his seat at the Council table. Sewer Treatment Director of Public Works Henry presented a Report on the fol- Plant Bids lowing Bids received and opened at 2:00 P.M. on April 23, 1969 in regard to the "Sewer Treatment Plant Improvement": 1. Ahnger, Fornoff & Bradford - Berkeley, Base Bid - $65,950.00, 2. Healy Tibbitts Construction Company - San Francisco - $57,200.00; 3. EMI General Engineers Contractors - Santa Clara - $77,380.00; and 4. S & D Construction Company - San Jose - $70,140.00. I t was noted that the Base Bid of Healy Tibbitts Construction Company was corrected to $57,100.00 due to a mathematical error. Director of Publ ic Works Henry noted that the Engineers' estimate for the project was $55,000.00 and recommended that the bid be awarded to Healy Tibbitts Construction Company, same being the low bid. Motion was made by Councilman Wentworth seconded by Councilman Silva and carried that the bid of Healy Tibbitts Construction Company from San Francisco in the amount of $57,100.00 be approved and awarded as recommended. Plan. Com. Repor t 5/1/69 Personnel Com. Report N.Side Park Acquisitions (W i 1 son & Arias Par- ce 1 s) Li brary Arch i tects. Agree. (Robt. Wong) Pre-Const.Conf. re:Water Pressuriza- tion Proj. Secretary of the Ranning Commission Henry pres nted a Report of the Planning Commission Meeting of May 1, 1969 noting a proposal of Hy Weisel Properties to prezone property at Fitzgerald Avenue and Monterey Highway as the first phase of the proposed development; noted the Commissions' study of the Capital Improvement Program and recommendation for approval of same with recommended changes as out- 1 ined, and the Commissions. request that future Ccp ital Improvement Programs be presented to .the Commission for study at an earl ier date, preferably by March 31st of each year; and noting the Commissions' continued study in regard to the proposed Sign Ordinance. The Report of the Personnel Commission Meeting of April 24, 1969 adjourned due to lack of quorum was noted. Council discussed the poss i b 1 e appoi ntment,o,f new Comrillss loners'. tp' rep 1 ace lriact ive Personnel Commissioners. The Mayor noted that he would personally contact said Commissioners to determine if they wished to be replaced. City Administrator Wood presented requests to execute a Pur- chase Agreement Covering two (2) parcels of land for Northside Park, specifically belonging to Mr. & Mrs..Fred Wilson in the amount of $6,500.00 and Dorothy Arias in the amount of $5,900.00. Motion was made by Councilman Duffin seconded by Councilman Wentworth and car- ried that the acquisition of property belonging to Mr. & Mrs. Fred Wilson in the amount of $6,500.00 and to Dorothy Arias in the amount of $5,900.00 be approved in regard to Northside Park Improvements and that the Mayor be authorized to execute saiQ Purchase Agreements on behalf of the City. A Report on the Librany Architects' Agreement was presented requesting approval of same. City Administrator Wood noted minor modifications within said Agreement. Motion was made by Councilman Duffin seconded by Councilman Wentworth and carried that the Agree- . ment Contract'with M~. Robert Wong, Architect for the Library Im- provement be approved and that the Mayor be authorized to execute same on behalf of the City. Discussion was had in regard to thi Bond Sale for the pro- posed Library Facility. City Administrator Wood presented and explained a Report in regard to Pre-Construction Conference on the Water Pressurization Project, Phase II (Reservoi rs). - ....... ~ --- -, I - ....... ( 5 Yr. Cap. Imp. Program " Sidewalk Imp. Costs re: Mirelez & Puente prop- pert i es- Rosanna St. Pub. Hear. set 5-19-69 l;;..~4 Res.#1342 re: Manhole Adj. wi th inState rightloflways - Res.#1343,re: Eng.Fees & Overt ime Chg. (Subdivi- sion Fees) i ..~'''"., Res.#1344 re: Wage Scale Pub .-Wks. Contracts ~955 The Report .on the Five (5) Year Cap ita 1 Improvemen t Program was tabled to the end of the meeting. Director of Public Works reported on Installation Costs of Improvements at 281 S. Rosanna Street (Ramiro Mirelez-Property Owner) and requested Council to set a Public Hearing date of May 19, 1969 to confirm his report in regard to same and to hear any objections or protests, if any, on said proposed assessment. He also requested that the Public Hearing include property belonging to E. Puente (Assessor.s Parcel #803-19-45) for proposed improvements to be in- stalled by the City fronting on Rosanna Street. Motion was made by Councilman Duffin seconded by Councilman Kennedy and carried that a Public Hearing date of May 19, 1969 be set to hear the Report of the Director of Public Works in regard to improvements installed on R. Mirelez and E. Puente properties. Director of Public Works Henry presented Resolution No. 1342 regarding Manhole Adjustments Within State Right-of-Ways, specifi- cally requesting the State of California to abandon their new policy for same, which required State.s Contractor to do this work. Motion was made by Councilman Wentworth seconded by Councilman Silva that the reading of Resolution No. 1342 be waived and that it be adopted. RESOLUTION NO. 1342 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY REQUESTING THE STATE OF CALIFORNIA, DEPARTMENT OF PUBLIC WORKS, DIVISION OF HIGHWAYS, TO RETURN TO ITS PREVIOUS POLICY OF PAYING FOR THE COST OF RAISING CERTAIN SEWER MANHOLES (OWNED BY PUBLIC AGENCIES OTHER THAN STATE) TO GRADE OCCASIONED BY THE IMPROVEMENT OF STATE HIGHWAYS NOT FREE- WAYS. PASSED AND ADOPTED this 5th day of May, 1969, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Pate, Silva, Wentworth, and Goodrich. COUNCIL MEMBERS: None COUNCIL MEMBERS: None NOES: ABSENT: Director of Public Works presented Resolution No. 1343 Estab- lishing 3% Engineering and Overtime Charges for Subdivision Improve- ments. Motion was made by Councilman 'Kennedy seconded by Council- man Duffin that the reading of Resolution No. 1343 be waived and that it be adopted. RESOLUTION NO. 1343 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING CERTAI N FEES FOR ENGINEERING AND INSPECTION SERVICES PERFORMED BY THE CITY. PASSED AND ADOPTED this 5th day of May, 1969, by the following vote; AYES: COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Wentworth, and Goodrich. None None Pate, S i 1 va, Director of Public Works Henry presented Resolution No. 1344 adopting the Wage Scale of Santa Clara County Board of Supervisors (8-15-68) in regard to all Public Works. Contracts. Motion was made by Councilman Wentworth seconded by Councilman Pate that the .reading of Resolution No. 1344 be waived and that it be adopted. ..RESOLUTION NO. 1344 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING WAGE SCALES FOR PUBLIC WORKS CONTRACTS. PASSED AND ADOPTED this 5th day of May, 1969, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Pate, Silva, Wentworth, and Goodrich. NOES: COUNC I L MEMBERS: None ABSENT: COUNCIL MEMBERS: None 2956 Cardroom Lic. .S.R.Garcial LaCopa Cafe Res.#1345 re:Mutual Aide Agree. M.H.Rural Fire Dist. Fire Engine repairs Lib.&CuJ.Com. appointmentl A.J. Marsh Res.#1346 re: condmena- tion pro- ceed i ngs- N.Side Pk. Noted Chief of Police.s report recommending approval of a Cardroom License application of S. R. Garcia for La Copa Cafe at. 1218 N. Monterey Street. Motion was made by Councilman Duffin seconded by Councilman Wentworth and carried that issuance of a Cardroom License to S. R. Garcia for La Cop a Cafe at 1218 N. Monterey Street be granted. The City Attorney presented and read Resolution No. 1345 ap- proving a Day-to-Day Mutual Aide Agreement with Morgan Hill Rural Fire District. Motion was made by Councilman Pate seconded by Councilman Silva that Resolution No. 1345 be adopted. .... RESOLUTION NO. 1345 -- RESO LUTI ON OF THE COUNC I L OF THE CITY OF G IIR OY APPROV I NG THE MUTUAL FIRE PROTECTION A I D AGREEMENT WITH THE ,MORGAN HILL RURAL FIRE D I S- STRICT. PASSED AND ADOPTED this 5th day of May, 1969, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Pate, Silva, Wentworth, and Goodrich. COUNCIL MEMBERS: None COUNCIL MEMBERS: None NOES: ABSENT: Fire Chief Brittain reported on required repairs to Fire Engine #2, 1953 American La France. Discussion was had on the matter. Motion was made by Councilman Wentworth seconded by Council-, man Kennedy and carried that the required repairs to Fire Engine #2 as presented in the amount of $950.00 be authorized, amending the 1968-69 Budget Account #15B15 for the amount of same unbudgeted. The Mayor presented the names of Mrs. Elisa Martinez and Arthur J. Marsh, O.D. for selection of same to fill the unexpired term of Mrs. Vernie Cowardin on the Library and Culture Commission. . He a~ked if there were any other names to be presented for said ap- pointment. There was no comment from anyone. The Council voted by written ballot on the selection of their choice for said appointment. The Mayor noted that Arthur J. Marsh, O.D. had received the majority of the votes cast for said appointment. Motion was made by Councilman Duffin seconded by Councilman Pate and carried that Arthur J. Marsh, O.D. be appointed Library and Culture Commissioner to fill the un~ expired term of Mrs. Cowardin. (1-1-70) -- ... The City Attorney presented Resolution No. 1346 correcting' the Legal Description in regard to Condemnation Proceedings of Northside Park. It was noted that Councilman Duffin refrained from entering into the discussion of said matter because of his interest in said properties. Motion was made by Councilman Kennedy seconded by Councilman Wentworth that the reading of Res~lution No. 1346 be waived and that it be adopted. RESOLUTION NO. 1346 A RESOLUTION DETERMINING AND DECLARING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY OF THE CITY OF GILROY REQUIRE THE CONSTRUC- TION, OPERATION AND MAINTENANCE OF A PUBLIC PARK AND APPURTENANCES THERETO ON THE PARCEL OF LAND HEREINAFTER DESCRIBED, ALL WITHIN THE CITY OF GILROY, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA: AND ... THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY DEMAND THE AC- QUISITION OF CERTAIN REAL PROPERTY TO BE USED BY THE CITY FOR THE ..... CONSTRUCTION OF SAID PUBLIC PARK AND APPURTENANCES THERETO WITHIN THE AREA AFORESAID: AND DECLARING THE INTENTION OF THE CITY OF GILROY TO ACQUIRE SAID PROPERTY UNDER EMINENT DOMAIN PROCEEDINGS, AND DIRECTING THE CITY ATTDRNEY OF THE CITY OF GILROY TO COMMENCE AN ACTION IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF SANTA CLARA, FOR THE PURPOSE OF ACQUIRING SAID REAL PROPERTY. PASSED AND ADOPTED this 5th day of May, 1969, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Kennedy, Pate, S"ilva, Wentworth, and Goodrich. NOES: COUNC I L MEMBERS: None ABSENT: COUNCIL MEMEMBERS: Duffin Plan.Policy Com. Meet. 4-24-69 Lt. Harn re: College Grad. iftP- '~ 2957 The Mini Minutes of the Planning Policy Committee of Santa Clara County Executive Committee Meeting of April 24, 1969 were noted. A memo in regard to College Graduation of Police Officer, Lt. Harn, was noted. Council requested Staff to write a letter of commendation to Lt. Harn on behalf of the City. Co. Library Com. A letter from the Board of Supervisors in regard to a request for submission of a name for possible appointment to the County Library Commission was noted. The Mayor noted that Library and Culture Commissioner Howard Smith indicated that he tentatively would accept being submitted for selection on said County Library Commission depending on the required time involved in said appoint- ment. Council approved said name for submission to the County for appointment on the Library Commission, subject to Commissioner Smith's final approval. ~.. HUD re:Water Reservoirs Proj ect -Co. Plan.Dept. re:Creep Soi Is & Lands 1 ides .I United Nations. Day Chair- , man ~:<.l",-"i',;j SB347 re: S.F.Bay Conserva- t i 01') Goodwi 11 Week City Rights to set Certai n Salaries Fire Servo Recognition Day .., ,4 Assess.Proce- dure changes Sewer Adv. Com. Work Meet. A letter from H.U.D. was noted approving the City.s Affir- mative Action Program under the Water Reservoirs Project. A letter from the County'Planning Department was noted in regard to a Presentation on "Creep Soils and Landslides" scheduled for May 7, 1969 at 10:00 a.m. A letter from the United Nations' Association of the United States was noted requesting appointment of a local United Nations. Day Chairman. Council tabled action on same. A letter from the Chairman of the Board of Supervisors was noted Urging Support for SB#347 (San Francisco Bay Conservation). Motion was made by Councilman Wentworth seconded by Councilman Duffin and carried that Staff write local legislatures urging support of same as requested. A request from Goodwill Industries for a Proclamation in regard to Goodwill Week was presented. The Council had no object- ions to the Mayor proclaiming Goodwill Week May 4th-10, 1969 as reques ted. The City Attorney explained a report on Bishop v. City of San Jose involving City Rights to Set CertainiSalaries. Motion was made by Councilman Kennedy seconded by Councilman Silva and carried that the City Attorney be authorized on behalf of the City of Gilroy to join with cities supporting said issue involving City Rights to set Certain Salaries. A request of the International Fire Chiefs. Association was noted for a Proclamation of Fire Service Recognition Day, May 10, 1969. Council had no objections to the Mayor proclaiming Fire Ser- vice Recognition Day, May 10, 1969 as requested. A letter from the County Director of Finance was noted in regard to Assessment Procedure Changes. At the request of Councilman Wentworth, Chairman of the Council Sewer Advisory Committee, Council set May 13, 1969 at 8:00 p.m. as a Study Work Meeting of the Council Sewer Advisory Committee to program and plan Sewer Farm operations with Sewer Treatment Plant Operator, Sheldon Shelvock. It was noted that Councilmen Pate and Silva were the other members of said Committee and the Mayor was invited to attend said Committee Work Meeting. 2958 Co. Plan. re:Creep Soi 1 s & Landslides Elks' Bldg. Site re: Reservoir-Golf Course Property at corner of 6th & Al ex- ander "Rea property" We 11 s Fargo Fence Bet- ween City Parking Lot & W.F. Bank Jt. Sewer-M.H. Gilroy Volume PI an.Ass' t. recruitment Adjourned " Dept. Councilman Kennedy inquired if the Planning Commission had received notice of the County Planning Departments. presentation regarding IICree~ Soils and Landslides". It was noted by Secretary of the Planning Commission Henry that the Planning Commission had been informed of said presentation. Councilman Kennedy, Chairman of Council Advisory Committee for the Elks. Building Site reported in regard to a change order approved by said Committee in regard.to location of the Septic Tank for said building. Councilman Kennedy requested that the City Water Department signs be removed from the 'Reservoir site at the Golf Course property. It was noted by Staff that the City is presently using said reservoir on an emergency basis on'ly, and that said signs should remain. It was also noted by Staff that water samples are take~ periodically at said location and that the reservoir is under the City's mainte- nance program. N.E. Councilman Wentworth requested that the "Rea House" located, at the northeast corner of Sixth and Alexander Streets recently condemned be demo 1 i shed. I t was noted by Staff that demo 1 it Lon proceedings are in progress by Staff for said building, but it has not been condemned to date. Councilman Wentworth inquired of progress if any, in City's request for the Wells Fargo B~nk to remove the cyclone ,fence bet- ween their property and the City's Parking Lot a~jacent to J. C. Penney Co. City Administrator Wood noted that the local bank favors removal of said fence, but had not received a reply from their San Francisco Office on said matter. Director of Public Works Henry reported in regard to Morgan Hill sewage volume through the Joint ,Sewer Facilities. He noted that approximate billing for March 1969 was $2,500.00 and for April 1969 - $2,700.00. Personnel Director Reinsch reported on progress of Planning Assistant recruitment. At 9:35 p.m. the Mayor Adjourned the meeting to a Work Study Sess i on of the Counc i 1 to discuss the five (5) Year Cap ita 1 I mprove- ment Program proposals, noting the next regular Council Meeting to be May 19, 1969 at 8:00 p.m. Respectfully submitted, ,-::?/) I, I",., _, v {. ,., j,,~J..<.( City Clerk r \ . (-:-~. ~'JJt! it ;;2-' ~~ I ... ....J ; .. .... .. ....