Minutes 1976/03/01
Roll Call
3777
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Gilroy, California
March 1, 1976
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: William E. Childers, Dennis L. DeBell,
Marion T. Link, John E. Pate and Norman B. Goodrich.
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Absent: Council Members: George T. Duffin and David V. Stout.
The Mayor introduced Mr. Michel Bedaux, Planning Director.
Intro.New Emp.
Bedaux
Consent
Calendar
Minutes
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The City Attorney noted that the request to set a Public Hearing
to amend Section 6 regarding the Fence Ordinance could be removed from the
Consent Calendar as a public hearing would not be required.
Motion was made by Councilman Childers seconded by Councilman Link
that the following items under the Consent Calendar be adopted by the fol-
lowing Roll Call Vote (Omitting setting a Public Hearing in regard to the
Fence Ordinance amendment.) Ayes: Council Members: Childers, DeBell, Link,
Pate and Goodrich; Absent: Council Members: Duffin and Stout.
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Approved the Minutes of the Regular Council Meeting of February
17, 1976;
Ord.#76-5 Adopted Ordinance No. 76-5 Enacting Section 20.6 and Amending
20.11 of the City Code Requiring a Bond for excavation or construction on
private property which could cause damage to public facilities and to
provide for repair of such damage;
Budgeted
Purchases
Bids re:
Murray Ave.
Imp.Dist.
Proj. 75-5
Bonds
Res.#76-7
re:Unpaid
Assessments
ORDINANCE NO. 76-5
AN ORDINANCE OF THE CITY OF GILROY ENACTING SECTION 20.6 AND AMENDING SEC-
TION 20.11 OF THE GILROY CITY CODE SO AS TO REQUIRE A BOND FOR EXCAVATION
OR CONSTRUCTION ON PRIVATE PROPERTY WHICH COULD CAUSE DAMAGE TO PUBLIC
FACILITIES, AND TO PROVIDE FOR REPAIR OF SUCH DAMAGE.
PASSED AND ADOPTED this 1st day of March, 1976 by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, DeBELL, LINK, PATE and GOODRICH.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: DUFFIN and STOUT; and
Approved a Report on Budgeted Purchases recommending purchase of
a Road Oiler, Essick Model from Ricker Machinery in the amount of $4,079.94.
City Administrator Wood reported on the following bids received
March 1, 1976 at 4:00 p.m. on Sale of Improvement Bonds regarding Murray
Avenue Improvement District Project 1975-5:
Series 1975-5A $33,266.98 -
Bidder
Amount
Average
Net Interest Rate
1. Birr, Wilson & Co., Inc.
2. Stone & Youngber g
3. Gross & Co., Inc.
4. Wulff, Hansen & Co.
5. Gibralco, Inc.
6. Buel G. Proffitt
7. Morgan, Olmstead, Kennedy & Gardner
8. Karney Barberian
9. John Pestana
$6,610.58
$6,907.92
$7,266.32
$7,547.35
$7,547.35
$7 ,770.98
$7,826.88
$8,385.95
$8,945.00
5.9122%
6.1782%
6.4987%
6.7500%
6.7500%
6.9500%
7.0000%
7.5000%
8.0000%
Series 1975-5B $90,101.53 -
1. Birr, Wilson & Co., Inc.
2. Gross & Co., Inc.
3. Buel G. Proffitt
4. Wulff, Hansen & Co.
5. Stone & Youngberg
6. Karney Barberian
7. Gibralco, Inc.
8. Morgan,Olmstead,Kennedy & Gardner
9. John Pestana
$58,929.26
$62,910.07
$63,427.57
$63,883.88
$65,389.83
$66,165.45
$67,534.39
$70,664.83
$73,010.15
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6.4571%
6.8933%
6.9500%
7.0000%
7.1650%
7.2500%
7.4000%
7.7431%
8.0000%
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Resolution No. 76-7 Determining Unpaid Assessments and Providing
for Issuance of Bonds was presented. Motion was made by Councilman Pate
seconded by Councilman Link that the reading of Resolution No. 76-7 be
waived and that it be adopted.
RESOLUTION NO. 76-7
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A RESOLUTION DETERMINING UNPAID ASSESSMENTS AND PROVIDING FOR ISSUANCE
OF BONDS - MURRAY AVENUE IMPROVEMENT DISTRICT - PROJECT 1975-5 - SERIES
1975-5A - $33,266.98 - SERIES 1975-5B - $90,101.53.
PASSED AND ADOPTED this 1st day of March, 1976, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, DeBELL, LINK, PATE and GOODRICH.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: DUFFIN and STOUT.
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Res.#76-8 re: Resolution No. 76-8 Awarding Sale of Bonds - Series 1975-5A to
Series Birr, Wilson & Co., Inc. for an average net increase rate of 5.9122% was
75-5A presented. Motion was made by Councilman Pate seconded by Councilman
Link that the reading of Resolution No. 76-8 be waived and that it be
adopted.
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RESOLUTION NO. 76-8
A RESOLUTION AWARDING SALE OF BONDS - MURRAY AVENUE IMPROVEMENT DISTRICT -
PROJECT 1975-5 - SERIES 1975-5A - $33,266.98.
PASSED AND ADOPTED this 1st day of March, 1976, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, DeBELL, LINK, PATE and GOODRICH.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: DUFFIN and STOUT.
Res.#76-9 re: Resolution No. 76-9 Awarding Sale of Bonds - Series 1975-5B to
Series 75- Birr, Wilson & Co., Inc. for an average net interest rate of 6.4571% was
5B presented. Motion was made by Councilman Pate seconded by Councilman
Link that the reading of Resolution 76-9 be waived and that it be adopted.
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RESOLUTION NO. 76-9
A RESOLUTION AWARDING SALE OF BONDS - MURRAY AVENUE IMPROVEMENT DISTRICT -
PROJECT 1975-5 - SERIES 1975-5B - $90,101.53.
PASSED AND ADOPTED this 1st day of March, 1976, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, DeBELL, LINK, PATE and GOODRICH.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: DUFFIN and STOUT.
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Res.#76-10
The Mayor stated that it was the time and place scheduled for a
hearing re: Sidewalk Reoair Costs. Director of Public Works - City
Engineer Hansen presented and explained his report on Sidewalk Repair
Costs. The Mayor asked if there was anyone in the audience wishing to
speak for or against the matter. There was no comment from anyone in the
audience. Motion was made by Councilman Childers seconded by Councilman
Link and carried that the Hearing be closed.
Resolution No. 76-10 Approving the Report of the Director of
Public Works and providing for assessing parcels of properties for the
cost of construction and payment of said assessments was presented.
Motion was made by Councilman Link seconded by Councilman Childers that
the reading of Resolution No. 76-10 be waived and that it be adopted.
Pub.Hear.re:
Sidewalk
Repair
Costs
...
RESOLUTION NO. 76-10
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING AND ADOPTING
THE REPORT OF THE DIRECTOR OF PUBLIC WORKS OF THE CITY OF GILROY ON
THE COST OF CONSTRUCTION OF SIDEWALKS, CURBS, GUTTERS AND OR DRIVEWAYS
PURSUANT TO THE IMPROVEMENT ACT OF 1911, DIVISION 7 OF STREETS AND HIGH-
WAYS CODE OF STATE OF CALIFORNIA, ASSESSING PARCELS OF PROPERTIES FOR
THE COST OF CONSTRUCTION AND DETERMINATION OF PAYMENT OF ASSESSMENTS.
PASSED AND ADOPTED this 1st day of March, 1976, by the following vote:
AYES: COUNCIL MEMBERS: CHILDERS, DeBELL, LINK, PATE and GOODRICH.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: DUFFIN and STOUT.
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Appeal of P.
Cordich re:
Variance
An appeal of Pamela Cordich on the decision of the Planning
Commission denying a request for a variance to allow an office for prac-
ticing electrolosis at 7861 Princevalle Street was presented. Director
of Public Works - City Engineer Hansen explained the variance request
and the Commission's decision to deny same.
Mrs. Pamel a Cordi ch, 7861 Pri nceva 11 e Street addressed the
Council and further explained her appeal on the decision of the Planning
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Commission denying same.
It was noted that the Planning Commission had received a Petition
from twenty-nine (29) petitioners objecting to the subject variance request.
Council continued action on said appeal to the April 5, 1976 regular
Council Meeting in order for Staff to notify the petitioners in the event
that they wished to be heard regarding their object to said Variance and in
order for Mrs. Cordich if she so desires to contact said petitioners to
further explain her proposed business.
Efficiency A Report of Chappell Pump and Supply Inc. in regard to adding column,
Report etc. on vertical turbine pumps was noted.
re: City Well s
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ICC Conf.
noted.
same.
The Inter-City Council Conference on March 4, 1976 at Sunnyvale was
The Mayor requested that a reservation be made for him to attend
The following items were noted but no separate discussion on same:
Water Con-
servation
Santa Clara Water District in regard to Water Conservation Planning;
Clean Water & Congressman Norman Y. Mineta in regard to Clean Water Grant and
Revenue Revenue Sharing Acts;
Sharing Acts.
SB 1294
Assemblyman Alister McAlister in re: to S.B. 1294.
Plan.Com. The Report of the Planning Commission Meeting of February 19, 1976
Report Commission Meeting of February 19, 1976 was noted and discussed. Director
2-19-76 of Public Works - City Engineer Hansen explained the proposed amendment to
the Fence Ordinance. Council instructed the City Attorney to orepare the
proposed ordinance amendment.
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The Planning Commission recommended approving the request of the
Hecker Pass Drive In Theatre to locate a mobile trailer on said property.
for vandalism prevantative methods. Motion was made by Councilman Link
seconded by Councilman Childers and carried that the Hecker Pass Drive In
Theatre be authorized to erect a trailer on their property subject to using
City sewer services for one (1) year expiring March 1, 1977 at which time
if they wished to continue same they would have to request renewal.
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Personnel
Commis- was
sion
2-25-76
The Report of the Personnel Commission Meeting of February 25, 1976
noted.
Lib.& Cult. The Minutes of the Library and Culture Commission Meeting of February
Com.Meet.3, 1976 was noted.
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Disbursements The Report of Disbursements from February 1, 1976 through February 29,
1976 was noted.
City Corp. A Report on the appraisal of the Jun9 Property for possible future
Yard expansion of the City Corporation Yard was noted and discussed. Motion was
addition made by Councilman Pate seconded by Councilman Link and carried that the
City Administrator be authorized to proceed and attempt to negotiate at
the appraisal for 1.73 acres @ $11,000.00 / acre for a total price of
$19,030.00.
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Residential A Report on a proposed Residential Security Program was oresented
Security and discussed. Council had no objection to proceeding with said Program.
Program
Restoration A Report on the Historical Preservation Grant for the Old City Hall
Old City was noted and discussed. Council noted that at this time their primary con-
Hall cern is to preserve the old City Hall to satisfactory structural condition
only. Motion was made by Councilman DeBell seconded by Councilman Link and
3781
carried that the City Administrator pursue the matter and contact the
original structural engineering firm that prepared a report on the Old
City Hall in 1966.
10th & Prince- Director of Public Works-City Engineer Hansen recommended acceptance
valle St. of the improvements at Tenth and Princevalle Streets (Gilroy High School
High Site). Motion was made by Councilman Link seconded by Councilman Childers
School site that the improvements at the Gilroy High School Site at Tenth and Prince-
valle Streets be approved as recommended.
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Solid Waste
Manage.Plan
Candidates
Statements
re:Munici-
pal Elec-
tions
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The Mayor reported on Councilman Stout's condition noting that he
recently suffered a heart attack and it was reported that he is progress-
ing satisfactory from open-heart surgery.
The Solid Waste Management Plan distributed in Summary Report to
Council on February 17, 1976 was noted. A letter from Dan McCorquodale,
Chairman, Santa Clara County Board of Supervisors was noted in regard to
said report. Discussion was had on the matter. Motion was made by
Councilman Pate seconded by Councilman Link and carried that the County
be notified that the City approves the Solid Waste Management Plan con-
ditioned upon City Administrator's recommendation regarding fees and
that these fees be subject to City's further approval of same and further
that the disposal site in South County be for County use only.
The City Attorney reported on legal requirements regarding the
City paying for Candidates Statements in Municipal Elections when said
statements are included with Sample Ballots. It was noted that the City
could pay for the cost of said statements if they so desired. Motion was
made by Councilman Pate seconded by Councilman Childers and carried that
the City pay the cost of Candidates Statements at Municipal Elections
based on a 200 word limitation with no additional data regarding candi-
dates be permitted within the Sample Ballots. It was noted that the City
must provide any candidate wishing the same to be orinted in Spanish
translation if said candidate requests same.
Policy State- The Review Committees' Report on the proposed Policy Statement for
ment for the Development of Industry was noted and discussed. Councilman Pate sug-
Development gested that Policy Statement be reworded under the last paragraph V. Re-
of Industry view, B. "Modification". Motion was made by Councilman Link seconded by
Councilman Childers and carried that the Policy Statement for Development
of Industry as presented with the correction under "Modification" be
approved.
Ord.#76-3 City Administrator Wood reported on Ordinance No. 76-3 effective
March 18, 1976 regarding plumbing fixture requirements for water conser-
vation being a problem to local plumbers as they have surplus stock al-
ready ordered or in their possession that do not meet the new regulations
and request a 90 day non-enforcement of the ordinance.
Motion was made by Councilman Pate seconded by Councilman Link and
carried that Staff be authorized to suspend enforcement of Ordinance No.
76-3 for an additional ninety (90) days from its effective date which
would continue to June 15, 1976.
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Easter Seal
Solicita-
tion
City Administrator Wood presented a request for Easter Seal Soli-
tation from March 1, 1976 through March 31, 1976. Motion was made by
Councilman Pate seconded by Councilman Link and carried that the request
for Easter Seal Solicitation during March 1976 be approved as requested.
Project 566 City Administrator Wood reported that there is a Flood Control
Meeting scheduled for tonight in regard to Project 566; that the majority
of their meetings are scheduled on regular Council Meetings nights; and
that the City should be consulted prior to any final decision on the
proposed alternate design of said project as same is a critical program
for City drainage. He further recommended that the Flood Control Dis-
trict be requested to meet with the Gilroy and Morgan Hill City Councils
3782
in regard to the subject pr.oject; The Mayor requested that City Adminis-
trator Wood attempt to arrange a Joint Meeting with the District and the
City of Morgan Hill Council in regard to Project 566.
Employee Med. Personnel Director Reinsch presented and recommended a change in
Insurance the Blue Shield Employee Medical Plan to Plan 24 noting that medical bills
that are in excess of the surgical schedule under Plan 24 would then be
covered under the Major Medical oortion of the plan. Motion was made by
Councilman Link seconded by Councilman Pate and carried that Plan 24 under
the Blue Shield medical coverage be aporoved as recommended.
Adjournment
At 9:44 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
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