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Minutes 1974/02/19 3540 Roll Call Consent Calendar Minute Approval Ord.#1007 re: Ch. 9,City Code Claim-Pers. Property Pub .Hear. re: Gen.Plan Map Pub. Hea r. re: Sec. 83-Zon. Ord. o rd. # 1008 re: Public Parks Gebruary 19, 1974 di(roy, California 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: Dennis L. DeBell, George T. Duffin, John Hughan, John E. Pate, David V. Stout, and Norman B. Goodrich. Absent: Council Member: Anthony C. Silva. ~ Councilman Hughan requested that Item C (Ordinance Adopting as Chapter 18 of the City Code, Rules and Regulations for Public Parks) be removed frOm the Consent Calendar to enable interested parties, if any, to enter into discossion. ...., Motion was made by Councilman Pate seconded by Councilman Hughan that the items under the Consent Calendar (excepting Item C) be approved as presented. Passed and adopted by the following Roll Call Vote: Ayes: Council Members: DeBell, Duffin, Hughan, Pate, Stout, and Goodrich. Absent: Council Member: Silva. Consent Calendar Items: A. Approved Minutes of February 4, 1974, Regular Council Meeting. B. Adopted Ordinance No. 1007 Repealing Chapter 9 of the Gilroy City Code Pertaining to the Santa Clara Valley Uniform Electrical Code, 1961 Edition. ORDINANCE NO. 1007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY REPEALING CHAPTER 9 OF THE GILROY CITY CODE. PASSED AND ADOPTED this 19th day of February, 1974, by the following vote: AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, STOUT and GOODRICH NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: SILVA !>.. ."", - D. Denied claim of Ami Leso for loss of gymnastic equipment from Wheeler Auditorium, and referred the matter to the City's Insurance Carrier and City Attorney. E. Set March 4, 1974, as public hearing date on a proposal of the Planning Commission to amend the General Plan Map. F. Set March 4, 1974, as publ ic hearing date on a proposal of the Planning Commission to Amend Section 83 of the Zoning Ordinance re: enforcement of same. C. The Mayor asked if there was anyone who wished to discuss the proposed ordinance setting forth rules and regulations for publ ic parks. As there was no comment, it was moved by Councilman Hughan seconded by Councilman Duffin and carried that Ordinance No. 1008, Adopting as Chapter 18 of the Gilroy City Code, Rules and Regulations for Publ ic Parks. ORDINANCE NO. 1008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING AS CHAPTER 18 OF THE GILROY CITY CODE RULES AND REGULATIONS FOR PUBLIC PARKS. PASSED ,AND ADOPTED this 19th day of February, 1974, by the following vote: AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, STOUT and GOODRICH NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: SILVA - - . ' Councilman Pate requested to be absent from discussion on the Reports of Bids received for: (1) Two Sedans, (2) Library Project, and (3) Indus-- trial Effluent Pump Station, stating he felt there might be a possible con- fl ict of interest. City Attorney Jacobs explained the statue regarding 3541 Disclosure of Assets and stated that, in this case, there was no confl ict of interest. Accepting the City Attorney's opinion, Councilman Pate withdrew his comment. Bid Opening re: Purchasing Agent Reinsch reported on the following bids received 2 Sedans February 14, 1974, for two (2) sedans: ,.,.... ..... Library Bids ~""" .... Bid Opening Effluent Pump Stn. ...... .. Agree. w/S.e. Va lley Water District Bidder Marx Chev. Bob Lynch Byers-White Two Compacts $7143.18(Nova) $7220.00(Maverick) $8099.48 (Dart) 2 Sub-Compacts $6334.16(Vega) $6560.00(Pinto) No Bid 1 Compact & 1 Sub-Compact $6738.67 $6890.00 $8099.48 Dis- count Net Net 50 It was noted that Byers-White did not submit a bidder's bond, and that Bob Lynch Ford indicated certain exceptions to the bid regarding power assisted brakes and power steering. Purchasing Agent Reinsch recommended the bid be awarded to Marx Chevrolet-Buick in the amount of $7143.18 for two (2) Nova Sedans. Discussion was had re: the list of specifications. Motion was made by Councilman Duffin seconded by Councilman DeBell and carried that the bid be awarded to Marx Chevrolet-Buick as recommended by the Purchas i ng Agent. Counc i 1 man Stout voted "No" on the mot ion. City Administrator Wood reported on the following five (5) bids received on February 14, 1974, for the Library Project: (1) Gordon E. Farotte, Gilroy - $530,317.00; (2) Tombleson, Inc., Sal inas - $563,900.00; (3) Cullumber Construction Co., San Juan Bautista - $567,862.00; (4) Rosewall & Sons, Inc., Watsonville - $586,650.00; and (5) o. E. Anderson & Sons, Inc., San Jose - $606,503.00. City Administrator Wood noted that although the bids were above the architects latest estimate of $465,000, he felt they were representa- tive of the current inflationary spiral occurring, and recommended the award of the Library bids be continued to the next regular Council Meeting toallow the City time to meet with the County in this regard. Mr. Robert Wong, architect for the Library Project, addressed the Council noting the general spread of the bids indicated the current trend towards rising costs of construction items. Discussion was had regarding the deletion of the fountain and pool from the plans in an effort to reduce costs and the possibility of having city crews perform the landscaping work. Motion was made by Counci lman Hughan seconded by Councilman Pate and carried that Council follow the City Administrator1s recommendation to continue the award of this bid to the next Regular Council Meeting of March 4, 1974. re: Director of Publ ic Works-City Engineer Hansen reported on the following twelve (12) bids received Frbruary 14, 1974, for the Industrial Effluent Pump Station and Outfall Lines - Project 74-2: (1) Renz Construc- tion Co., Gilroy - $89,457.00; (2) Mission Pipeline, Inc. Milpitas - $90,723; (3) W. H. Ebert Corp. - S~artan Const. Corp., San Jose - $93,052.50; (4) Central Coast Pipel ine Const. Co., Sal inas - $95,408.50; (5) Granite Const. Co., Watsonville - $95,563.00; (6) Ernest E. Pestana, Inc., San Jose - $104,187.00; (]) Pisano Brothers, Inc., Santa Clara - $106,496.98; (8) Bilardi Const., San Jose - $106,801.00; (9) Valley Engineers, Fresno - $108,104.75; (10) Apez Const., Santa Clara - $112,658.00; (11) A. E. Mullen Const. Inc., Mountain View - $116,140.00; (12) Calif. Engineering Contrac- tors, Campbell - $119,885.00. Engineer's Estimate = $72,390.00. Mr. Han- sen noted the difference between the apparent low bid and Engineer's esti- mate was due to increased constructional costs, and, based on the current market construction, recommended awarding the bid to Renz Const. Co. in the amount of $89,457.00. City Administrator Wood deviated from the Agenda and recommended that Item IX.A.3 (Agreement with SiC.. Valley Water District re: Industrial Wastewater System Relocations Under 566 Project) be approved prior to awarding the bid for the Industrial Effluent Pump Station and Outfall Lines. City Administrator Wood explained the proposed agreement which will provide for future reimbursement of existing facilities, excluding additional over- sizing and system improvements; said agreement being subject to the District receiving such reimbursement funds from the State. Discussion was had. Motion was made by Councilman Hughan seconded by Councilman Duffin and carried that the Agreement with the S~c..; Valley Water District be approved 3542 Award of Bid re: Eff. Pump Stn. Bids re: Pipe & F i tt i ngs re: Han na St. Water Main Pathway South Leased Housing Program Prop. Leg. Bills Land Dev. Referrals City Dump as recommended by the City Administrator and authorized its execution. Further discussion was had on the Industrial Effluent Pump Station and Outfall Lines. Motion was made by Councilman Stout seconded by Council- man Pate and carried that the low bid of Renz Construction Co., in the amount of $89,457.00 be accepted and that the remaining funds (difference between total project cost of $103,615.24 and budgeted amount of $75,726) be obtained from Revenue Sharing Funds. Purchasing Agent Reinsch reported on the following two (2) ~ids received February 8, 1974, for cast iron pipe and fittings for the Hanna Street Water Main Project: (1) United States Pipe Company - $14,356.36; (2) Pacific State Pipe Company - $15,107.80; and recommended approval of the low bid of U. S. Pipe Co. Discussion was had. Motion was made by Councilman Pate seconded by Councilman Hughan and carried that the low bid of U. S. Pipe Co., in the amount of $14,356.36, be accepted. ..... -- The Mayor recognized Mr. Doug Reichel of Pathway South, Inc., who addressed the Council and requested two (2) payments of $625 each, previously approved by Council. Mr. Reichel gave a presentation of Path- way's progress. Motion was made by Councilman Stout seconded by Council- man Hughan and carried that the two allotments of $625 each be granted to Pathway Sout, Inc. City Administrator Wood reported on a letter from the County Housing Authority requesting City's support of the position in regard to Federal Register (HUD) changes regarding the operation of Section 23, Leased Hous- ing Programs. It was noted that the basic change was to place the total management, maintenance, and social responsibil ity on the back of the owner; further noting that since 1968, the Housing Authority has undertaken all the responsibil ities previously mentioned. Discussion was had. Council- man DeBell abstained from the discussion. Motion was made by Councilman Duffin seconded by Councilman Pate and carried that the City of Gilroy support the Housing Authority in this request for policy support by noti- fying HUD that the City is in opposition to the proposed changes regarding Housing Assistance as outl ined by the Federal Government. ~ ...- City Administrator Wood reported on the League of California Cities' Legislative Bulletin of February 11, 1974. Council noted and discussed various legislative bills. Motion was made by Counci lman Pate seconded by Councilman Hughan and carried that the City Administrator notify legislators that the City opposes AB 1800 (Pol icemen and Firemen - Bill of Rights) and supports AB 1729 (Peace Officers Safety Equipment). City Administrator Wood reported on the fol lowing referrals of Planning and Land Development Matters submitted by the County of Santa Clara: Appl icant a. Mrs. I. M. Foster b. Mr. J. M. Garcia, et al c. Mr. J. M. Garcia, et al d. Mr. J. M. Garcia, et al e. Mrs. E. G. Nelson f. Mr. G. R. Citta g. Mr. H. G. Sitean h. Mr. J. M. Garcia, et al i. Mr. E. W. Downing j. Mr. J. A. Zanger Appl ication Residential Site Minor Land Division Minor Land Division Minor Land Division Exemption Request Exemption Request Subdivision Prel iminary Map A to A1-2.5 Zoning Travel Trailer Park - Fi Ie No. 74B21.3330 23S74.2 23S74.1 22S74.7 24S74.2 22S74. 10 22S74.8 23S73.3 22Z74.2 2SP73.1 ..... Discussion was had on Item g. Motion was made by Councilman Pate seconded by Councilman DeBell nnd carried that the County be notified that if Item g (Subdivision, H. G. Sitean) is approved, it must meet all the requirements of a major subdivision; if not, the City requests an EIR on this development. Councilman Stout voted "No" on the motion. A letter from South Valley Refuse Disposal, Inc., was noted and discussed regarding additional costs for hauling to the Pacheco Pass area in the event the City Dump is closed down. City Administrator Wood recom- mended the matter of closing the municipal dump be included as part of the near future rate negotiations with South Valley Refuse Disposal Company. Council concurred. Energy Crisis Pend. State B i lIs ",..... I Plan. Com. ...... Me e t. 217174 Street Name Change Loma Pr i eta Res. #1790 -"".,!~ -- Interim Campaign Statements Intra. Ord. Rezoning- G i 1 roy Dev. Co. Intro. Ord. Rezoning- D. Fellows "...... ..... I ntro. Ord. Rezoning- Castlewood Prof. Park 354'3 A letter from Congressman Charles Gubser in regard to the energy crisis was noted. A letter from Senator John Tunney in regard to the energy crisis was noted. A letter from Senator Alfred Alquist in regard to Pending State Bills was noted. Planning Assistant Lefaver reported on the Planning Commission Meeting of February 7, 1974. Discussion was had. Council recommended that action on the renaming of Murray Avenue, south of Leavesley Road, to Chestnut Street be postponed to the next regular Council Meeting. Motion was made by Councilman Pate seconded by Councilman Duffin and carried that the name change of Fourth Street, west of Wren Avenue, to San Miguel Avenue be approved as recommended by the Planning Commission. City Administrator Wood presented a report regarding the feasibil ity of detaching from the Loma Prieta Soils Conservation District. Discussion was had. Motion was made by Councilman Duffin seconded by Councilman DeBell and carried that the entire City be removed from the District. Motion was made by Councilman Stout seconded by Counci lman DeBell that Resolution No. 1790, Requesting Withdrawal from the Loma Prieta Soils Conservation District be adopted and forwarded to LAFCO and the reading of same be waived. RESOLUTION NO. 1790 RESOLUTION OF THE CITY OF GILROY REQUESTING THE LOCAL AREA FORMATION COMMISSION TO REMOVE ALL LANDS WITHIN THE CITY OF GILROY FROM THE LOMA PRIETA SOILS CONSERVATION DISTRICT. PASSED AND ADOPTED this 19th day of February, 1974, by the following vote: AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, STOUT, and GOODRICH NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: SILVA A Report on Interim Campaign Statements was discussed noting that the short form interim report (Form 0) is for office holders who have not received any campaign conttributions since they were last elected and must be completedand filed with the City Clerk prior to March 1, 1974. re: City Attorney Jacobs explained a proposed ordinance Amending the Zoning Ordinance by Rezoning the Five Acre Parcel on the South Side of Hecker Pass Highway, West of Miller Avenue, from R1 District to R3 District, After Development Pursuant to Section 49 of the Zoning Ordinance (appli- cation of Gilroy Development Company). Motion was made by Councilman Stout seconded by Councilman Duffin and carried that the proposed ordinance be introduced and published by title and summary. Attorney Jacobs explained a proposed ordinance Amending the Zoning reOrdinance by Rezoning the Premises at the North Side of Ronan Avenue 500 Feet West of Monterey Street from I-Z District to R3 District after Develop- ment Pursuant to Section 49 of the Zoning Ordinance (appl ication of Dale Fellows). Motion was made by Councilman Stout seconded by Councilman Duffin and carried that the proposed ordinance be introduced and publ ished by title and summary. re: Attorney Jacobs explained a proposed ordinance Amending the Zoning Ordinance by Rezoning the Premises on the South Side of First Street West of the Proposed Wren Avenue Extension from R1 District to C1 and PO Districts, After Development, Pursuant to Section 49 of the Zoning Ordinance (appli- cation of Carl Bozzo - Castlewood Professional Park). Motion was made by Councilman Stout seconded by Councilman Duffin and carried that the proposed ordinance be introduced and publ ished by title and summary. 3544 I ntro. Ord. re : Rezon i ng H.Willard I ntro. Ord. Rezoning- Denny's Attorpey Jacobs e~plained a proposed ordinance Amending the Zoning Ordinance by Rezoning a Portion of the Three-Acre Parcel Located on the North Side of First Street 700 Feet East of Morey Avenue from R1 District to PO District After Development, Pursuant to Section 49 of the Zoning Ordi- nance (application of Horace Willard). Motion was made by Councilman Stout seconded by Councilman Duffin and carried that the proposed ordinance be introduced and publ ished by title and summary. re: Attorney Jacobs explained a proposed ordinance Amending the Zoning Ordinance by Rezoning Leavesley No.2 Annexation 72-7 on the Northwest corner of Leavesley Road and San Ysidro Avenue to HC District After Develop- ment Pursuant to Section 49 of the Zoning Ordinance (appl ication of Fil ice and Ereno re: Denny's Restaurant). Motion was made by Councilman Stout / seconded by Councilman Duffin and carried that the proposed ordinance be introduced and published by title and summary. Intro. Ord. re: Attorney Jacobs explained a proposed ordinance Amending the Zoning Rezoning- Ordinance by Rezoning a 4.6 Acre Parcel in the Gilroy Industrial Park from Granite Rock M2 District to M3 District After Development, Pursuant to Section 49 of Co. the Zoning Ordinance (appl ication of Granite Rock Co.). Motion was made by Councilman Stout seconded by Councilman Duffin and carried that the proposed ordinance be introduced and published by title and summary. Trans. D i st. Bus System Adjournment Councilman Stout reported on the Transportation District's Meeting of January 14, 1974, in regard to the City's position on the possibil ity of changing from the current 200 bus system to a 400 bus system. It was noted that the County has plans to include a Dial-a-Bus type of system for the Gilroy area. It was also noted that the South County has the heaviest traveled bus 1 ine in the County. Discussion was had. Motion was made by Councilman Hughan seconded by Councilman Pate and carried that the City of Gilroy recommends the Transit District reconsider its current position re: the 200 bus limitation and go to a 400 bus system if adequate funding is avai lable. The Mayor Noted "Civic Appreciation Day, 1974" to be held at Moffett Field on February 21, 1974. At 10:20 p.m., the Mayor adjourned the meeting. Respectfully submitted, 11 /) I; i~0'uU l!. ! / Deputy City ( l I It cL,-{{ ,.~ Clerk CJ