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Minutes 1970/11/16 .~ Roll Ca 11 Intro. New Employee ~~' Minutes Bids re: 10th St. I mp. D i s t. Proj.70-4 Pub.Hear.re: 10th St. Imp. Dist.Proj. 70-4 ..,,,.,,,,."'fI; ........ l,~"" ~ 3177 Gilroy, California November 16, 1970 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, Mark E. Kennedy, John E. Pate, Anthony C. Silva, Everett C. Wentworth, and Norman B. Goodrich. The Mayor introduced new employee, LoVanne Gonzales, Clerk- Typist (Police Department). The Minutes of the Regular Meeting of November 2, 1970 were approved as mailed and recorded. City Administrator Wood reported on the following bids opened November 13, 1970 re: "Tenth Street Improvement District - Project 1970-4": Paul T. Beck, Salinas - $116,595.02; Eilert & Smith, Inc., San Jose - $121,091.78; Granite Construction Company, Watsonville - $124,790.00; Freeman-Sondgroth Const. Co., Mt. View - $136,011.14; A.J. Raisch Paving Co., San Jose - $136,703.90; Sam Spencer, Gilroy- $138,831.95; Pellegrini Paving Co., Inc., Santa Clara - $139,720.20; bids to be considered following the Public Hearing on same. The Mayor announced that it was the time and place scheduled for the Public Hearing on the Engineer's Report prepared pursuant to the Gilroy City Code and Resolution No. 1517 of Preliminary Determina- tion and of Intention re: Tenth Street Improvement District, Project 1970-4. City Engineer Henry presented his report and explained the proposed Assessment District. He noted that the improvements would extend from Monterey Street to Princevalle Street (described boundaries in detail) (plans and assessment diagram map displayed). He noted existing 60 foot right-of-way on Tenth Street and 37tfoot strip on Rosanna Street; proposed improvements call for a widening to a minimum of 86 foot right-of-way on Tenth Street and 75 foot minimum right-of- way widening on Rosenna Street. He noted the existing improvements on Tenth Street presently are in a very deteriorating condition with numerous chuck holes and portions of the street being very narrow. He noted that the existing bubble boxes cause flooding at the intersections and said proposed drainage improvements will correct this situation. City Engineer Henry further noted that the City has budgeted funds in the 1970-71 Budget for said proposal to allow the City to participate in the street improvements including the storm drain. He further noted that on October 19, 1970, the Engineers and Attorneys were appointed; the preliminary Enginers' Report was approved and a Resolution of Prel iminary Determination and Intention was adopted (Resolution No. 1517); and that the Counci I ordered the Engineer to call for bids and set the Public Hearing for November 16, 1910. He further noted that notices were then mailed, published and posted giving notice of the public hearing, affidavits attesting to this are on file with the City Clerk. He noted that the Engireer's Report is on file with the City Clerk and made a part of these proceedings. The City Engineer further noted that the report includes an engineer1s estimate of work, method of assessment, boundary map of the district and an assessment diagram showing the area to be assessed along with a roll of the assessments and the amount of assessments. The City Engineer noted and explained the boundaries of the district, as indicated on the Assessment Diagram map; the improvements 3178 within the district were described in detail; and the method of spreading the assessment was described in detail. He noted the im- provements to be paid by the City and the land acquisitions within the district. ... The City Engineer noted that all properties benefiting from the improvements have been included within the district and no property .. benefiting has been omitted; that in his opinion the values of all properties after the improvements are in would be increased by at least the amount of the assessment and the assessments have been spread to each parcel in accordance with the benefit to be derived. For additional information the total cost of construction of said improvement was noted and the City contributions for said improve- ... ment as follows: a. Construction - replace curb and gutter, $750.00; storm drain, $3800; street paving, $49,000; misc., $400 - total ... $53,950; b. Engineering and Contingencies, $10,700; c. Land Acquisi- tion, $8800; total - approximately $75,000. The City Engineer further noted his previous experience as engineer for four (4) projects with the City of Santa Clara, two (2) projects in the City of Mt. View and six (6) assessment district projects in the City of Gilroy. The City Engineer further reported that on November 9, 1970, he met with property owners within the District to explain their rights and what was included within the assessment district, and to answer any questions that they might have; that approximately six (6) property owners were present at said meeting. The City Clerk presented and read three (3) written letters requesting exceptions to the proposed improvement district from the following: Mrs. A. Evelyn Bordenave, Archie Ciabattari, and Joseph and Domenic Masini. The Mayor noted that the Publ ic Hearing was open and asked if there was anyone in the audience wishing to speak for or against the proposal. There was no comment from anyone in the audience. " ... Motion was made by C. Kennedy seconded by C. Duffin and carried that the Public Hearing be closed. .... Council discussed the three letters from property owners within said improvement district, and elected to act upon each request individually. Motion was made by Councilman Duffin seconded by Councilman Silva and carried that the Public Hearing be reopened. M~ A. Evelyn Bordenave addressed the Counci 1 requesting elimination of sidewalks in front of her property. Discussion was had by Council. Motion was made by Councilman Duffin seconded by Councilman Wentworth that the existing asphalt along the Tenth Street side of Mrs. Borenave's property be used as the sidewalk area and construction of concrete sidewalks at said location be eliminated from the improvement district. Said motion was defeated by the following roll call vote: Ayes: Council Members: Duffin and Wentworth. Noes: Council Members: Batrez, Kennedy, Pate, Silva, and Goodrich. Council discussion was had in regard to the request for assessment reduction for property owned by Mr. Archie Ciabattari. Motion was made by Councilman Duffin seconded by Councilman Kennedy and carried that the request of Archie Ciabattari be denied to reduce his proposed assessment to zero. Counc il instructed Staff to negotiate with said property owner for purchase of his property. ... .... Motion was made by Councilman Duffin seconded by Councilman Wentworth and carrIed that the request of Masini Brothers be denied and that said claim be referred to Staff for negotiation. Discussion was had in regard to the Engineer's estimate for ... said improvement project in the amount of $65,000 noting that the 1970-71 Budget would be automatically amended in the amount of $10,000 ... in regard to the City's share of said project. .,....,.,. Res.#1527 through #1531 I -~ -I I -...J - .....;~~ After discussion and consideration by the Council, the hearing was ordered closed. 3179 Mr~ Phil ip D. Assaf, Attorney, representing Wilson, Jones, Morton & Lynch addressed the Council and presented and read the titles of the following resolutions: Resolution No. 1527, A Resolution Overruling Protests on Resolution No. 1517 of Preliminary Determination and of Intention was read. On motion of Councilman Duffin, seconded by Councilman Wentworth and unanimously carried, said Resolution was adopted. RESOLUTION NO. 1527 A RESOLUTION OVERRULING PROTESTS DETERMINATION AND OF INTENTION - PROJECT NO. 1970-4. PASSED AND ADOPTED this 16th day vote: AYES: ON RESOLUTION NO. 1517 OF PRELIMINARY TENTH STREET IMPROVEMENT DISTRICT - of November, 1970, by the following COUNCIL MEMBERS: Batrez, Duffin, Kennedy, worth, and Goodrich. None None Pate, Silva, Went- NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Resolution No. 1528, A Resolution Determining Convenience and Necessity, Adopting Engineer's Report, and Confirming Assessment and Ordering Work and Acquisitions was read. On motion of Councilman Duffin, seconded by Counci Iman Wentworth, and unanimously carried, said Resolution was adopted. RESOLUTION NO. 1528 A RESOLUTION DETERMINING CONVENIENCE AND NECESSITY, ADOPTING ENGINEERIS REPORT, CONFIRMING ASSESSMENT AND ORDERING WORK AND ACQUISITIONS - TENTH STREET IMPROVEMENT DISTRICT - PROJECT NO. 1970-4. PASSED AND ADOPTED this 16th day of November, 1970, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, worth, and Goodrich None None Pate, Silva, Went- NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: The Engineer reported the following bids on the work had been received: Name Amount Paul T~ Beck, Sal inas E i 1 ert & Sm i th, Inc., San Jose Granite Const. Co., Watsonville Freeman-Sondgroth Const. Co., Mt.View A. J. Raisch Paving Co., San Jose Sam Spencer, Gilroy Pellegrini Paving Co., Inc. Santa Clara $ 116 ,595. 02 :121 ,091. 78 124,790.00 136,011.14 136,703.90 138,831.95 139,720.20 Resolution No. 1529, A Resolution of Award of Contract was read. On motion of Councilman Duffin, seconded by Councilman WentwortQ, and unanimously carried, said Resolution was adopted. RESOLUTION NO. 1529 A RESOLUTION OF AWARD OF CONTRACT - PROJECT NO. 1970-4. PASSED AND ADOPTED this 16th day of vote: AYES: TENTH STREET IMPROVEMENT DISTRICT- November, 1970, by the following COUNCIL MEMBERS: Batrez, Duffin, Kennedy, wbr th, and Goodr' i ch . None None Pate, Silva, Went- NOeS: ABSENT: COUNCIL MEMBER~: COUNCIL MEMBERSl Resolution No. 1530, A Resolution Designating Collection Officer was read. On motio~ of Councilman~uffin, seconded by Council- man Wentworth, and unanimously carried, ,~id resolution was adopted. 3180 Plan. Com. Report 12/7/70 RESOLUTION NO. 1530 A RESOLUTION DESIGNATING COLLECTION OFFICER - TENTH STREET IMPROVEMENT DISTRICT - PROJECT NO. 1970-4. PASSED AND ADOPTED this 16th day of November, 1970, by the following ... vote: AYES: COUNCIL MEMBERS: Batrez, D4ffin, Kennedy, Pate, Silva, Went- .. worth, and Goodrich NOES: COUNC I L MEMBERS: None ABSENT: COUNCIL MEMBERS: None Resolution No. 1531, A Resolution Determining that the Publ ic Interest and Necessity Require the Acquisition of Certain Land and Directi~g the Filing of Eminent Domain Proceedings and Appointing ... Special Counsel was read. On motion of Councilman Duffin, seconded by Councilman Wentworth and unanimously carried, said Resolution was ___ adopted. RESOLUTION NO. 1531 A RESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND AND DIRECTiNG THE FILING OF EMINENT DOMAIN PROCEEDINGS AND APPOINTING SPECIAL COUNSEL - TENTH STREET IMPROVE- MENT eROJECT. PASSED AND ADOPTED this 16th day of November, 1970, by the following vote: AYES: COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, wo~th and Goodrich None None Pate, Silva, Went- The Report of the Planning Commission Meeting of November 5, 1970 was noted and following notice of rezoning requests and recommenda- tion on same by the Planning Commission the Council set the following public hearings: Motion was made by Councilman Pate seconded by Councilman Silva and carried that December 7, 1970 be set as a Publ ic Hearing date on rezoning initiated by the Planning Commission from C-2 and R-4 to R-l a parcel located approximately 850 feet north of Farrell Avenue on the west side and adjacent to Monterey Street, containing 16.44 acres. --- .... Motion was made by Councilman Pate seconded by Councilman Silva and carried that December 7, 1970 be set as a Public Hearing date on rezoning initiated by the Planning Commission from R-4 to R-l, 27.5 acres located north of and adjacent to Golden Gate Avenue. Motion was made by Councilman Kennedy seconded by Councilman Duffin and carried that December 7, 1970 be set as a Publ ic Hearing date on rezoning initiated by the Planning Commission from l-Z to M-2 14.92 acres located south of and adjacent to Pacheco Pass Highway known as Gentry Corporation. Motion was made by Councilman Pate seconded b~ Councilman Silva. and carried that December 7, 1970 be set as a Publ ic Hearing date on rezoning ititiated by the Planning Commission from l-Z to M-2, 27.178 acres located south of and adjacent to Pacheco Pass High- way known as Gilroy Foods Inc. Salary Increases City Administrator Wood presented and recommended approval of three (3) Merit Step Salary Increases for Jacqueline Martin, Account Clerk, Range 22.5, from Step liD" $587 to Step "E" $617; Neland Doughty, Fireman-Engineer, Range 29, from Step "C" $767 to Step "D" $805; and Richard Taylor, Patrolman, Range 20, from Step "A" $731 to Step "B" $767, effective December 1, 1970. .... ..... Motion was made by Councilman Wentworth seconded by Councilman Duffin and carried that the Merit Step Salary Increases as recommended be approved. .. .. -,."""11 r- , I 1o....?I c r'~, L. ",,",""""11 ....... 6-30-70 External Audit Budget Ame n d . Res.#1532 re:TOPICS Funds Ord.re:Com- pensat i on for Counc i 1 Carmen E. Fi 1 ice R-3 Ap. Outside Water Service Young Adults. Work Pro- gram Minutes-Trans. Po 1 icy Com. Plan. Po 1 icy Com. Exec. Committee 3181 The 1969-70 External Audit and City Administrator.s report on same was presented. Motion was made by Councilman Pate seconded by Councilman Wentworth and carried that said 1969-70 External Audit be approved. City Administrator Wood requested a Budget Amendment to Account 15B6 in the amount of $5,783 for the Weed Abatement Program exceeding the estimated budget of $3,400.00. Motion was made by Councilman Kennedy seconded by Councilman Batrez and carried that Account 15B6 be amended in the amount of $5,783rOO as recommended. Resolution No. 1532 Accepting the City of Monte Sereno1s Share of TOPICS funds was presented. Motion was made by Councilman Pate seconded by Councilman Silva that the reading of Resolution No. 1532 be waived and that it be adopted. RESOLUTION NO. 1532 RESOLUTION CONFIRMING ALLOCATION OF ADDITIONAL TOPICS FUNDS AND REQUEST- ING ADDITIONAL ALLOCATION FROM CALIFORNIA HIGHWAY COMMISSION FOR THE I.MPROVEMENT OF LEW I S STREET-FOURTH STREET AND MONTEREY STREET. PASSED AND ADOPTED this 16th day of November, 1970, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, worth, and Goodrich None None Pate, Silva, Went- NOES: ABSIN T: COUNCIL MEMBERS: COUNCIL MEMBERS: The City Attorney presented a proposed ordinance regarding compensation for Council Members. The Mayor appointed Councilman Wentworth, Chairman, Kennedy and Pate as a Council Committee to study said proposed ordinance for report on same to Council. Councilman Wentworth requested that he not be appointed to said Committee. The Mayor appointed Counci Iman Silva to replace Counci lman Wentworth on said Committee and appointed Councilman Pate as Chairman of said Committee. A letter requesting reconsideration of Carmen E. Filice, R-3 Application was presented. Motion was made by Councilman Pate seconded by Councilman Silva and carried that the R-3 application of Carmen E. Filice be reconsidered by Council and referred said application to the Planning Commission for additional study. It was noted that the basis for said reconsideration was that'Council voted 'only on one of the conditions .6f said Use Permit recommended 'by Plan. Com. that an points were not voted upon. A letter from Mr. Lane Lance requesting Outside Water Service to the reservoir on Thomas Road was presented. Mr. Lance addressed the Counci 1, and further explained said request. Motion was made by Counci 1- man Kennedy seconded by Councilman Silva and carried that said request be denied and that Mr. Lance contact the City Administrator for use of water from Christmas Hill Park. A letter from the Young Adultsl Work Program requesting a solicitiation permit was presented. Motion was made by Councilman Duffin seconded by Councilman Wentworth and carried that a solicitation permit be denied; noting that funds collected in prior years through said organization were not used for local projects. The Minutes of the Transportation Policy Committee Meeting of October 14, 1970 were noted. The Minutes of the Planning Policy Committee's Executive Com- mittee Meeting of October 22, 1970 were noted. Councilman Kennedy, representative, inquired of cooperation between Flood Control District and the City. 3182 Financing Letter Gglf Course Adv.Com. ,.J Mee t. Loma Prieta Soil Con- ser.Dist. Budget Amend- ments Traffic Sig- nal-1st & Miller The Municipal Financing Letter #31, from Stone & Youngberg. Financing Consultants, November 1970 was noted. Councilman Duffin reported on the Golf Course Council Advisory Committee meeting with Golf Course representatives in regard to fees, etc. noting that the Golf Course Board of Di~ectors requested additional time to study said proposal. ... .... Mr. Fred Angel ino, representing Loma Prieta Soi 1 Conservation District addressed the Council offering assistance on behalf of the District to the City in attempting to provide additional percolation capacity at the City's Sewer Farm through grass culture with the percolation beds. ~ i ..... Mr. Bill Brunner, District Engineer, addressed the Council and explained said propo~al, and noted progress on Public Law 566 for flood control improvements in the area. Council was in favor of the City Staff discussing said propo- sal with the Saoil Conservation District Representatives. Councilman Kennedy requested periodic budget amendment reviews. Councilman Duffin requested Staff to contact the State of California, Division of Highways, in regard to the date for installa- tion of the traffic signal at First and Miller Avenue. City Reservoir Councilman Duffin inquired of the City's plans for the reservoir at the Golf Course. Staff noted that it was the intent presently to leave it empty, that said matter would be reviewed by Staff at a 1 ater date. Sol id Waste Stdy Com. obtained cleaned. Councilman Duffin inquired of the location of the golf balls by the City when said reservoir was recently drained and ... ... Councilman Wentworth reported on a recent Solid Waste Study Committee Meeting that he attended noting a request for a City contri- bution of $85.00 for Phase I and $200.00 for Phase I I of a six month study; noting that the total cost of Phase I is $16,000 and Phase I I $49,000, said study to provide three (3) garbage sites to take care of all of Santa Clara County's Garbage Problems. Motion was made by Councilman Kennedy seconded by Councilman Silva and carried that the City contribute $85.00 for Phase I of the Solid Waste Study as outlined by representative Wentworth. It was noted that current legislation requires designation of waste disposal sites on all General Plans of cities. Planned Unit Dev. Councilman Pate suggested that the Planning ~ommissron rely on the Planned Unit Development ordinance in restricting the size of developments. Staff noted that the Planned Unit Development is restricted to parcels of ten acres or more and is not set up as an independent zoning designation. City Auction Staff reminded Council of the City Auction scheduled for November 21, 1970 at Wheeler Auditorium. The Mayor mentioned the presence of two (2) Planning Com- ~ missioners (Representatives DeBell and Chiesa) and Parks and Recreation ~ Representative Gomer. Adjournment Discussion was had in regard to the condition of the Sewer Farm filter beds and work completed in the Miller Slough Channel by the City.s Sewer Treatment Plant Operator. " At 10:02 p.m., the Mayor adjourned the meeting. .. Respectfully submitted, - { d -u4~tr: J t;;:...t; ,." Ci tylerf< J ..