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.
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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
!>.. ."",
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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
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. '
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
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....
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.
.....
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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.
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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
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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
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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