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Minutes 1974/06/03 , 3576 June 3, 1974 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:01 p.m. Roll Call Present: Council Members: Dennis L. DeBell, George T. Duffin, John Hughan, John E. Pate, Anthony C. Silva, David V. Stout and Norman B. Goodrich. Intro. Promotion The Mayor introduced Donald R. Kludt, promoted to Police Patrolman City Emp. from Patrolman Trainee. Consent Calendar Motion was made by Councilman Pate seconded by Councilman Silva that the followi~ items under the Consent Calendar be approved. Passed and adopted by the following Roll Call Vote: Ayes: Counci 1 Members: DeBell, Duffin, Hughan, Silva, Stout and Goodrich. Minutes Minutes of the May 20, 1974, Regular Counc i 1 Meeting; Minutes Minutes of the May 28, 1974, Special Counc i 1 Meeting; Pub. Hear. re: Set June 17, 1974, as Public Hearing for the 1974-75 Proposed City Bydget. 1974-75 Budget It was noted that Mr. Dan McCorquodale, Supervisor, would not be present to present information regarding rail service between Santa Cruz and Santa Clara Counties. Council on Aging S.C.Co. A letter from the Social Planning Council of Santa Clara County was noted in regard to nominations to the Council on Aging of Santa Clara County. Council tabled action on same and instructed the Mayor to contact the Senior Citizens' Group to determine if they had any recommendations for said nomi- nation and, if so, submit said names in order to comply with the request for nominations by June 10, 1974. Discussion was had in regard to moving this Council Meeting to the Gilroy Justice Court, at 7350 Rosanna Street, due to the Concert scheduleq in the Wheeler Auditorium and difficulty in hearing as a result of same. The Mayor recessed the meeting at 8:07 p.m. and reconvened the meeting at 8:13 p.m. at the Gilroy Justice Court. Committee on Aging as Area Agency for S.C.Co. League Leg. Bu 11 e tin ...... ... Co. Charter Review Committee Bonanza Days - ..... - .... AB 2040 3577 A letter from the State Office on Aging was noted requesting nomi- nating the Committee on Aging of the Social Planning Council of Santa Clara County as the Area Agency for Santa Clara. Motion was made by Councilman Hughan seconded by Councilman Duffin and carried that the City endorse said Nominating Committee on Aging of the Social Planning Council of Santa Clara County as the Area Agency for Santa Clara County. A League of Cal ifornia Cities Legislative Bulletin, dated May 28, 1974, was noted and discussed. Council instructed the City Administrator to contact the League in regard to the City opposition to those Bil Is he recommended opposing. A letter from the County Charter Review Committee requesting City comments was noted. Discussion was had on the matter. Motion was made by Councilman Hughan seconded by Councilman Pate and carried that the City endorse the concept that they are in favor of the one vote per City method rather than the weighted vote method, and two (2) year, rather than four (4) year Commission terms. A letter from the Gilroy Bonanza Days' Committee was noted requesting Parade Permits, Park Use, and Street Decorations Permit. Discussion was had by City Administrator Wood in regard to the recent request of the local churches to ban parades on Sunday mornings. Norma Wilson, President of Bonanza Days' Committee, addressed the Council and explained their problem in re-schedul ing said parade. Mr. Ed Peterman, member of said Committee, addressed the Council and reported that he recently met with the local churches and they are definitely opposed to the scheduling of a parade on Sunday a.m. Director of Public Works-City Engineer Hansen noted that the Monterey Street Beautification project is scheduled to be in progress on the date of said Parade. Lee Berta, member of said Committee, addressed the Council and noted that many cities have parades on Sunday mornings. Motion was made by Councilman Duffin seconded by Counci lman Silva and carried that the request of the Gilroy Bonanza Days' Committee for a Parade on September 29, 1974, (Sunday a.m.) be approved, same to be conducted on Monterey Street commencing at Eighth Street down Monterey Street to First Street. Discussion was had in regard to Bonanza Days Committee having ex- clusive use of Christmas Hill Park. It was noted that since said Park is a publ ic facility, the City's policy in the past has been to grant exclusive use of the barbecue facilities only. It was further noted that the license fees and permits could be obtained under one blanket fee of $25,to cover the concessions, etc. for the entire celebration. Motion was made by Councilman Pate seconded by Councilman Silva and carried that the request of the Gilroy Bonanza Days' Committee for a Junior Parade on September 28, 1974, at 11:00 a.m. be approved, same to be conducted on Monterey Street commencing at Eighth Street down Monterey Street to First Street and further permission be granted for the Committee to have flags placed on the electroliers for said festivity. A request of ABAG in regard to AB 2040 was noted requesting that said Bill not be amended as proposed. Discussion was had on the matter. Motion was made by Councilman Pate seconded by Councilman Duffin and carried that Council support ABAG's position in this matter. Council suggested that the local churches be encouraged to set earl ier church services on the day of the Bonanza Day Parade scheduled for September 29, 1974, a.m. in order to make Bonanza Days a celebration for the entire Community. The following informational items were noted with no separate dis- cussion on same: 3578 S.C.Co. PPC & Mini Minutes of Santa Clara County Planning Policy Committee and ALUC Meetings Airport Land Use Commission Meetings of May 23, 1974; S.C. Valley Water Ordinance of the Santa Clara Valley Water District and Minutes of Dist. Flood Control Zones Advisory Committee Meeting of February 20, 1974; Land Div. Applic. El Matador Tract; Tract ABAG Growth Study Traffic Accidents S B 2]86 P & R Com. 5/21/74 Personnel Com. 5/22/74 Lib. & Cult. Com. Meet. Monthly Reports Disbursements Li brary Project California Highway Patrol Commending local reduction in injury traffic accidents; Assemblyman A. McAllister's letter in regard to SB 2786; Report on Land Division applications in the vicinity of El Matador .... - Santa Clara County City Managers' Group re: ABAG Growth Study. The Minutes of the Parks and Recreation Commission Meeting of May 21, 1974, were noted. The Minutes of the Personnel Commission Meeting of May 22, 1974, were noted. City Administrator Wood noted that Chief of Police Laizure had presented the Study of the Police Department completed by P.O.S.T. and wished to present same to Council. Said matter was tabled to await the Chief's presence. Personnel Director Reinsch presented information in regard to the minimum wage and overtime law. It was noted that additional information sould be present to Council upon receipt of a letter of confirmation from the Department of Labor. The Minutes of the Library and Culture Commission Meeting of May 7, 1974, were noted. ...... The Summary of Monthly Reports of April, 1974, were noted. ~",;,. The Report of Disbursements from May 1, 1974, through May 31, 1974, were noted. A request from the Architect, Robert Wong, for time extension on the Library Project to compensate for inclimate weather and utility reloca- tion delays was noted. City Administrator Wood recommended acknowledging receipt of same and consider said extension if needed at a later date. Motion was made by Councilman Duffin seconded by Councilman Stout and Cqrried that the 35-day extension for said Library Project be granted as recommended by the Architect. Mont. St. Imp. The Preliminary Report and plans for the proposed Monterey Street Proj. 74-3 Improvement Project 1974-3 were presented and explained by Engi~eer, W. K. Henry, Jr., representing the firm of Garcia and Henry. Res. #1806 Councilman Pate, property owner within the proposed district, noted he would be absent in all discussions and action pertaining to same. Mr. Philip D. Assaf, attorney, addressed the Council in regard to modification in the Parking District No.1 Project 1964-1. Motion was made by Councilman Duffin seconded by Councilman Silva that the reading of Reso- lution No. 1806 be waived and that it be adopted. ...... liio"""it>llIIf RESOLUTION NO. 1806 A RESOLUTION OF PRELIMINARY DETERMINATION AND OF INTENTION TO MAKE CHANGES AND MODIFICATIONS - PARKING DISTRICT NO.1 PROJECT NO. 64-1. PASSED AND ADOPTED this 3rd day of June, 1974, by the following vote: AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, SILVA, STOUT and GOODRICH NOES~ COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: PATE 3579 Res. #1807 Mr. Assaf presented Sealed Proposals and Fixing Work Within Time Specified. by Councilman Silva that the that it be adopted. and explained Resolution No. 1807 Calling for Liquidated Damages for Failure to Complete the Motion was made by Counci Iman Duffin seconded reading of Resolution No. 1807 be waived and RESOLUTION NO. 1807 ",.... i ! '-- A RESOLUTION CALLING FOR SEALED PROPOSALS AND FIXING LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE THE WORK WITHIN TIME SPECIFIED - PARKING DISTRICT NO. 1 - PROJECT NO. 64-1. PASSED AND ADOPTED this 3rd day of June, 1974, by the following vote: AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, SILVA, STOUT and GOODRICH NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: PATE Res. #1808-1813 Mr. Assaf presented and explained the following resolution pertaining to formation of Monterey Street Improvement Project 1974-3: Resolution No. 1808, A Resolution Amending Resolution No. 1799 Entitled, IIA Resolution of Prel iminary Determination and of Intentionl~, was read. On motion of Councilman Hughan seconded by Councilman DeBell and unanimously carried, said Resolution was adopted. RESOLUTION NO. 1808 A RESOLUTION AMENDING RESOLUTION NO. 1799 ENTITLED, IIA RESOLUTION OF PRE- LIMINARY DETERMINATION AND OF INTENTIONII -MONTEREY STREET IMPROVEMENT PROJECT 1974-3. PASSED AND ADOPTED this 3rd day of June, 1974, by the following vote: AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, SILVA, STOUT and GOODRICH NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: PATE - It was noted that the Engineer presented his Report which consisted of plans, specifications, maps and descriptions, estimate of costs, diagram and assessment. After full discussion and consideration by the Council, the Report was ordered filed. -- Resolution No. 1809, a Resolution of preliminary Approval of Engineer's Report, was read. On motion of Councilman Hughan seconded by Councilman DeBell, and unanimously carried, said Resolution was adopted. RESOLUTION NO. 1809 A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT - MONTEREY STREET IMPROVEMENT PROJECT 1974-3. PASSED AND ADOPTED this 3rd day of June, 1974, by the following vote: AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, SILVA, STOUT and GOODRICH NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: PATE Resolution No. 1810, A Resolution Establ ishing Prevailing Wage Scale, was read. On motion of Councilman Hughan seconded by Councilman DeBell and unanimously carried, said Resolution was adopted. RESOLUTION NO. 1810 ..... A RESOLUTION ESTABLISHING PREVAILING WAGE SCALE - MONTEREY STREET IMPROVEMENT PROJECT 1974-3. PASSED AND ADOPTED this 3rd day of June, 1974, by the following vote: AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, SILVA, STOUT and GOODRICH NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: PATE ....... Resolution No. 1811, A Resolution Appointing Time and Place of Hearing Protests in Relation to Proposed Acquisitions and Improvements, and Directing Notice, was read. On motion of Councilman Hughan seconded by Councilman DeBell and unanimously carried, said Resolution was adopted. RESOLUTION NO. 1811 A RESOLUTION APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ACQU I S IT! ONS AND IMPROVEMENTS, AND D I RECTI NG NOT! CE - MONTEREY STREET IMPROVEMENT PROJECT 1974-3. PASSED AND ADOPTED this 3rd day of June, 1974, by the following vote: 3580 AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, SILVA, STOUT and GOODRICH COUNCIL MEMBERS: None COUNCIL MEMBERS: PATE NOES: ABSENT: Resolution No. 1812, A Resolution Calling for Sealed Proposals and Fixing Liquidated Damages for Failure to Complete the Work Within Time Specified, was read. On motion of Councilman Hughan, seconded by Councilman DeBell and unanimously carried, said Resolution was adopted. RESOLUTION NO. 1812 ., A RESOLUTION CALLING FOR SEALED PROPOSALS AND FIXING LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE THE WORK WITHIN TIME SPECIFIED - MONTEREY STREET IMPROVEMENT PROJECT 1974-3. PASSED AND ADOPTED this 3rd day of June, 1974, by the following vote: AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, SILVA, STOUT and GOODRICH NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: PATE ~ - Resolution No. 1813, A Resolution Describing Proposed Boundaries of Assessment District, Directing Fil ing of Boundary Map and Assessment Diagram and the Recordation of Notice of Assessment, was read. On motion of Councilman Hughan seconded by Councilman DeBell and unanimously carried, said Resolu- lution was adopted. RESOLUTION NO. 1813 A RESOLUTION DESCRIBING PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT, DIRECTING FILING OF BOUNDARY MAP AND ASSESSMENT DIAGRAM AND THE RECORDATION OF NOTICE OF ASSESSMENT - MONTEREY STREET IMPROVEMENT PROJECT 1974-3. PASSED AND ADOPTED this 3rd day of June, 1974, by the following vote: AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, SILVA, STOUT and GOODRICH NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: PATE Mr.Assaf, attorney, noted that Council Members owning property within a proposed assessment district could, by law, with a complete disclosure of assets, participate in the discussions and Council actions pertaining to such assessment district. ..... ....~ 5 Yr.Cap. Imp. Program The Five Year Capital Improvement Program was presented for approval. Motion was made by Councilman Pate seconded by Councilman Hughan and carried that the 5 Year Capital I~provement P~ogram be approved as presented. Res. #1814 701 Plan. Grant City Administrator Wood presented a resolution in regard to the Second Year 701 Planning Grant Funding, noting that same be approved on the stipulation that Council approve and be fully satisfied with the First Year 701 Planning Grant. Motion was made by Councilman Hughan seconded by Councilman DeBell that the reading of Resolution No. 1814 be waived and that it be aqopted on the stipulation that Council approve and be fully satisfied with the First Year 701 Planning Grant. RESOLUTION NO. 1814 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REQUESTING THE COUNCIL ON INTER-GOVERNMENTAL RELATIONS TO RESERVE SECOND YEAR FUNDING UNDER 701 PLANN ING GRANT. PASSED AND ADOPTED this 3rd day of June, 1974, by the following vote: AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, SILVA and GOODRICH ..... NOES: COUNCIL MEMBERS: STOUT ABSENT: COUNCIL MEMBERS: None ..--- Discussion was had in regard to progress report on the First Year 701 Planning from Consultant, George S. Nolte. Council requested that same be obtained from the Consultant. Ranch El Unit #2 Dorado Director of Publ ic Works-City Engineer Hansen presented and recommended approval of the Tract Map and Subdivision Agreement for Tract 5507, Rancho El Dorado, Unit #2. Discussion was had on the matter. Motion was made by Council- man Pate seconded by Councilman Stout and carried that the Tract Map and Sub- division Agreement for Tract 5507 Rancho El Dorado, Unit #2 be approved with a change in the wording of the stipulations for said tract; specifically, #4 to include, after the word "document","satisfactory to the City.I' Councilman Duffin voted "no" on the motion. 3581 Ord., re: 15.67 The City Attorney presented a proposed ordinance amending Section 72 hr. max. 15.67 of the City Code to prohibit Parking for more than 72 Consecutive parking hours requested by the Chief of Police. Motion was made by Councilman Pate seconded by Councilman Silva and carried that the reading of the proposed ordinance be waived and that it be introduced and published by title and summary. ".... f .... Res. #1815 re: Fees for maps & state- ments The City Attorney presented and explained a proposed resolution amending State Board of Equalization Fees for Processing Statements and Maps filed pursuant to Section 54900, et seq, of the Government Code, effec- tive July 1, 1974. Motion was made by Councilman Hughan seconded by Coun- cilman Stout that the reading of Resolution No. 1815 be waived and that it be adopted. RESOLUTION NO. 1815 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING CERTAIN FEES FOR PROCESSING STATEMENTS AND MAPS FILED PURSUANT TO SECTION 54900, ET. SEQ., OF THE GOVERNMENT CODE. PASSED AND ADOPTED this 3rd day of June, 1974, by the following vote: AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, SILVA, STOUT and GOODRICH COUNCIL MEMBERS: None COUNCIL MEMBERS: None NOES: ABSENT: Res. #1816 Charter Amend. re: Elections re: The City Attorney presented and explained a proposed resolution approving a proposed Charter Amendment re: General Municipal Elections to be submitted at the General Election on November 5, 1974. Motion was made by Councilman Pate seconded by Councilman Silva that the reading of Resolution No. 1816 be waived and that it be adopted. RESOLUTION NO. 1816 r""" RESOLUTION APPROVING PROPOSED CHARTER AMENDMENT FOR THE CITY OF GILROY DIRECTING THE FILING OF A COpy THEREOF, DIRECTING THE CITY CLERK TO CAUSE THE SAME TO BE PUBLISHED AND DIRECTING THAT THE PROPOSAL BE SUBMITTED FOR ADOPTION BY THE ELECTORATE AT THE GENERAL ELECTION ON NOVEMBER 5, 1974. PASSED AND ADOPTED this 3rd day of June, 1974, by the following vote: AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, SILVA, STOUT and GOODRICH COUNCIL MEMBERS: None COUNCIL MEMBERS: None NOES: ABSENT: ...... It was noted by Staff that the School - Council Committee with the Developers in regard to the Recreation Tax had been postponed by the School District until after the Election. Reservoir- Golf Course Councilman Duffin inquired of the City's pol icy in regard to dumping concrete, etc. in the reservoir at the Golf Course, no longer used for a reservoir purpose. He further noted that Pacific Gas & Electric Company had previously been informed by the City that they could not use the reservoir for said purpose. Director of Public Works-City Engineer Hansen noted that he would contact P. G. & E. regarding same. Councilman DeBell noted and suggested that local construction firms be reminded that the reservoir is available for dumping purposes. Director of Public Works-City Engineer Hansen noted that local construction firms have been made aware of same. r--, I ~ Outfall Sewer Line Councilman Silva reported on the thistle problem along outfall 1 ine northerly of the Sewer Plant. City Administrator Wood noted that he would investigate same. Sewer Farm Trailer Councilman Silva also reported on the condition of the house trailer at the Sewer Farm Property. " 3582 P & R Van Inter-City Counc i 1 Adjournment . Personnel Director Reinsch reported on the Life Insurance for City Employees regarding costs. Personnel Director Reinsch reported that there are two available dates proposed for the City Barbecue: August 10 and 17, 1974. Council decided on the August 17, 1974, date for same. City Administrator Wood reported that there are several 1974 Vans avail- able at local dealers for the Parks and Recreation Department. That it is contemplated the prices for same wi 11 increase prior to approval of the 1974-75 Budget. Council had no objection to taking local quotes to purchase same prior to adoption of the 1974-75 Budget if payment was not required until after the adoption of said budget. The Inter-City Council Meeting of June 6, 1974, at the Hyatt House in San Jose was noted. Councilman Pate and Duffin noted that they intend to attend said meeting. At 10:20 p.m., the Mayor adjourned the meeting. Respectfully submitted, :~li'-Ju l'lJ'U..> .' ,~6::ihlh'''' i City Clerk