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Minutes 1973/06/18 Roll Call 3473 Gilroy, California June 18,1973 The Regular Meeting of the Gilroy City Council was called to Order by His Honor Mayor Pro Tempore George T. Duffin at 8:00 p.m. Mayor Pro Tempore Duffin noted that Mayor Goodrich is on vacation. Present: Council Members: John Hughan, John E. Pate, David V. Stout and George T. Duffin. Absent: Council Members: Dennis L. DeBell, Anthiny C. Silva and Norman B. Goodrich. 3474 Consent Calendar Minutes Salary Merit Increases Pub. Hear. re: C. Bozzo- PUD-Kern & 1st St. Pub.Hear~re: L. Fr i sone Rezoning- Church St. Ord.#985 re: Fire Zone Changes Bids re: Equipment Pub.Hear.re: Zon.Ord. Amend. Motion was made by Councilman Pate seconded by Councilman Hughan that the following items under the Consent Calendar be approved. Passed and adopted by the following Roll Call Vote: Ayes: Council Members: Hughan, Pate, Stout and Duffin. Absent: Council Members: DeBell, Silva and Goodrich. Consent Calendar Items: Minutes of the June 4, 1973 Regular Council Meeting; Approved Salary Merit Increases for the following Six City Employees: K. Campbell, Jr. Clerk-Typist, Pol ice, Range 22.5 from Step I'A" $507. to Step "B11 $533.; K. Maxwell, Sargent, Police, Range 34.5 from Step IIB" $955. to Step IICI1 $1,003.; K. Berri, Utility Man I, Range 25 from Step "B" $602. to Step "C" $631.; M. Salinas, Utility Man I, Range.25 from Step "A" $573. to Step "BII $602.; C. Alves, Equipment Maintenance Helper, Range 25 from Step "C" $631 to Step "DII $633.; and A. Frugol i, Uti 1 ity Man Trainee, Range 21 from Step IIB11 $495 to Step "C" $520., effective July 1, 1973. ~ - Set July 2, 1973 as Public Hearing on request of Carl Bozzo for a Planned Unit Development Zone at the northwest corner of Kern Avenue and First Street, containing 38 acres; Set July 2, 1973 as Publ ic Hearing on request of Larry Frisone to rezone from R-l and M-2 to R-3, property located on the westerly side of Church Street, south of Pierce Street; Adopted Ordinance No. 985 amending Chapter G, Article 1 I I of the City Code relating to Fire Zone Changes. ORDINANCE NO. 985 AN ORDINANCE OF THE CITY OF GILROY AMENDING CHAPTER G, ARTICLE I I I OF THE GILROY CITY CODE RELATING TO FIRE ZONES. PASSED AND ADOPTED this 18th day of June, 1973 by the following vote: AYES: COUNCIL MEMBERS: HUGHAN, PATE, STOUT and DUFFIN NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: DeBE(L, SILVA and GOODRICH. 1".., ........ Heard report from Purchasing Agent Reinsch on bids received for equipment. Councilman DeBell entered at 8:03 p.m. and took his seat at the Council table, Motion was made by Councilman Stout seconded by Councilman Pate and carried that the bid of Marx Chevrolet - Buick for a 9 Passenger Police Vehicle in the amount of $5,556.09 be awarded. Motion was made by Councilman Pate seconded by Councilman Hughan and carried that the bid of Roy Holstine Sales (Cochin) for a Heavy Duty Lift in the amount of $4,219.50 be awarded. Motion was made by Councilman Hughan seconded by Councilman Stout and carried that the bid of Heil Equipment Co. for a Flatbed Dump Body with a Chipper Body in the amount of $3,250.80 be awarded. Motion was made by Councilman Stout seconded by Councilman Pate and carried that the bid of Gilroy Unified District for Sale of the City's 1963 Wayne Street Sweeper in the amount of $650.00 be awarded. ,f--_C,""" ......."".wIII The continued Public Hearing on the Report and recommendation of the Planning Commission to amend Sections 31, 32, 33 of the Zoning Ordinance was opened and noted by Staff that the Planning Commission at their last regular meeting did not have ample time to discuss this amendment. Motion was made by Councilman Stout seconded by Councilman DeBell and carried that this public hearing be further continued to July 2, 1973 in order to allow additional time for the Planning Com- mission to reconsider the amendment to Section 33.4. Pub.Hear.re: 1973-74 Budget ""... .... Res.#1746 73-74 Budget 3475 The Mayor Pro Tempore stated that it was the time and the place scheduled for the Public Hearing on the 1973-74 Budget and Revenue Sharing Funds Included Therein. City Administrator Wood explained his report on same. The Mayor Pro Tempore asked if there was nayone in the audience wishing to speak for or against the proposed 1973-74 Budget. There was no comment from anyone in the audience. City Administrator Wood noted that the Revenue Sharing Funds were included in the Budget to comply with federal law r~quirements. Motion was made by Councilman Pate seconded by Councilman Hughan and carried that the Public Hearing be closed. Motion was made by Councilman Hughan seconded by Councilman Pate that the reading of Resolution No. 1746 be waived and that it be adopted. Discussion was had in regard to the Revenue Sharing Funds in- cluded in the 1973-74 Budget. RESOLUTION NO. 1746 RESOLUTION OF CITY COUNCIL ADOPTING BUDGET FOR SAID CITY FOR FISCAL YEAR 1973-74 AND APPROPRIATING PROPOSED EXPENDITURES FOR PURPOSES SET FORTH IN BUDGET. PASSED AND ADOPTED this 18th day of June, 1973, by the following vote: AYES: COUNCIL MEMBERS: DeBELL, HUGHAN, PATE and DUFFIN. NOES: COUNCIL MEMBERS: STOUT ABSENT: COUNCIL MEMBERS: SILVA and GOODRICH. PERS Contract A report on necessary Council action relating to the 1973-74 buqget regarding personnel benefits was noted. Motion was made by Councilman Pate seconded by Councilman DeBell and carried to introduce a proposed ordinance amending the PERS Contract regarding retirement benefits for retired employees, to be published by title and summary. 4'l'i*.i."'. ...... Res.#1747 Pay Plans Mobile Radio System "..,.. Fence Variance ..... Lot reserva- tion A Resolution establishing Basic Pay Plans and other Employee Benefits was presented and discussed. Motion was made by Councilman Hughan seconded by Councilman Pate that the reading of Resolution No. 1747 be waived and that it be adopted. RESOLUTION NO. 1747 A RESOLUTION OF THE CITY OF GILROY ESTABLISHING APPROPRIATE BASIC PAY PLANS. ALLOCATING THE VARIOUS EMPLOYEE CLASSIFICATIONS IN THE CITY SERVICE TO APPROPRIATE RANGES IN THE BASIC PAY PLANS AND TO ADOPT OTHER EMPLOYEE BENEFITS. PASSED AND ADOPTED this 18th day of June, 1973 by the following vote: AYES: COUNCIL MEMBERS: DeBELL, HUGHAN, PATE, STOUT and DUFFIN. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: SILVA and GOODRICH. A Report on a communication problem regarding the Public Works I Mobile Radio System for an addition to the Budget was presented and discussed. Motion was made by Councilman Stout seconded by Councilman Hughan and carried that the Base Station replacement and remote control unit in the amount of $1,600.00 be included in the 1973-74 Budget to increase Account 2601. A request of Sears Roebuck & Co. for a fence variance at the southeast corner of Martin and Alexander Streets for property belonging to T. G. Zamarron was continued to the July 2, 1973 Council Meeting at the petitionerls request. Said matter was also referred to the Planning Commission for recommendation on same. A letter from Mr. Ben Morton was noted to release Lot 9, Tract 4678, reserved for possible street purposes. Council requested that the Director of Public Works notify Mr. Morton to resubmit said re- quest at the time of construction. ,- 3476 County referrals Council had no objection to the following County Referrals of re: Land Planning and Land Development Matters and requested that the County be Develop. informed of same: a. Minor Land Division, Appl icant, J. R. Garcia, File #22-5-73.30; b. Minor Land Division, Appl icant, D. R. Holcomb, File #17-51-73.6; c. Exemption, Applicant, J. R. Garcia, File #24-5- 73.16; and d. Exemption, Applicant, D. Peterson, File #23-5-73.19. First Baptist Church property League Legis- lative Bul- letin Res.#1748 S.C.Co.Transp. Comm. Meet. AB 1324 Div. of Highways P I an. Comm. Report 6/7/73 P.t R Comm. 5/15/73 Uncollectable Accounts A letter from the First Baptist Church was presented for tem- porary use of City owned lands. Motion was made by Councilman Stout seconded by Councilman Hughan and carried that temporary use of said ltj;t~kproperty be allowed with insurance coverage and maintenance to be provided by the Church. JIIIIIIIl The League of Ca1ffornia Cities Legislative Bulletin, dated June 8, 1973 was noted. - Motion was made by Councilman Hughan seconded by Councilman Stout that the reading of Resolution No. 1748 Opposing the Practice of Using SB 90 Disclaimers be waived and that it be adopted. RESOLUTION NO. 1748 RESOLUTION OF THE CITY OF GILROY OPPOSING THE PRACTICE OF USING SB 90 DISCLAIMERS. PASSED AND ADOPTED this 18th day of June, 1973 by the following vote: AYES: COUNCIL MEMBERS: DeBELL, HUGHAN, PATE, STOUT and DUFFIN NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: SILVA and GOODRICH. The Mini Minutes of the Santa Clara County Transportation Com- mission Meeting of May 9, 1973 were noted. Councilman Stout noted that the County is awaiting the Cityls approval of the proposed Bicycle Route for South County. Director of Public Works - City Engineer Henry noted that said matter will be brought before the Planning Commission at their next regularly scheduled meeting of June 21, 1973. ~ _.All Councilman DeBell requested Council to support the City of Arcadia opposing AB1324 which would prevent cities from prohibiting horseracing on Sundays. Motion was made by Councilman DeBell secon- ded by Councilman Hughan and carried that the City support the City of Arcadia regarding AB1324. A letter from the State 8ivision of Highways in regard to future status of Monterey Street and appreciation to Mr. Will iam K. Henry, Jr. for continued cooperation during his tenure with the City was noted. The Planning Commission Report of their June 7, 1973 meeting was noted. The minutes of the Parks & Recreation Meeting of May 15, 1973 were noted. A Report on unco11ectable Water and Sewer Accounts for 1972-73 Fiscal Year was noted. Motion was made by Councilman Hughan seconded by Councilman Stout and carried that authorization be given to write off $461.64 of uncol1ectable accounts as presented, noting that de- posits in the amount of $405.00 covered said write-offs. ..... I ...... Budget transfers.c,': A Report for the annual request of Budget Transfers to various & encum- accounts to balance the 1972-73 expenditure budget and encumbrances brances for specific items in the amount of $60,638.00 was presented. Motion was made by Councilman Pate seconded by Councilman Hughan and carried that the budget transfers and encumbered funds as presented be allowed. Northside Park ""... Northside Pk. Naming Contest ...... City Parks Northside Park tour Northside flark Change Order First Baptist Church ",.. Pre-Delinquent Diversion Proj. ...., 101 Freeway Vacation Carry-over ".,... ..... McDonald's Restaurant 3477 Plans and specifications for Northside Park Tennis and Hand- ball courts were presented for approval. Discussion was had on the matter. Parks & Recreation Director Ayer explained the proposed plans. Motion was made by Councilman Hughan seconded by Councilman DeBell and carried that the plans and specifications for the Northside Park Tennis Complex-be approved and authorization be given for the call for bids for same, subject to approval of same by the City Attor- ney. It was noted that there would be three alternates: 1) Hand Ball Courts and Paving; 2) Tennis Courts Lighting; 3) Tennis Practice Area. Director of Parks & Recreation Ayer noted that the applications for the Northside Park Naming Contest had been referred from the Parks & Recreation Commission to the Council for final selection of said names. The Mayor Pro Tempore appointed Council Members: Stout, Hughan and Pate to'a Committee for final recommendation to Council. Parks & Recreation Director Ayer noted that the Parks & Rec- reation Commission wi II recommend an ordinance to control drinking in the various City Parks. City Administrator Wood noted that another tour of Northside Park construction progress can be rescheduled for those Council Members unable to attend the previously scheduled tour. A request for approval of Change Order was presented. Motion was made by Councilman cilman Stout and carried that Change Order #2 construction project be approved. #2 for Northside Park Pate seconded by Coun- for Northside Park A Report on a Counter-offer on the First Baptist Church property was noted. City Administrator Wood presented an amendment to the Cityls Pre-Delinquent Diversion Project. Motion was made by Councilman Stout seconded by Councilman Hughan and carried that the amendment to the City's Pre-Delinquent Diversion Project as presented be approved and the Mayor and/or City Administrator be authorized to execute same on behalf of the City. City Adm in i s t rator Woed,:presented and expJa i oed a revi s Lon to the Freeway Agreement for Route 101. Motion was made by Councilman Pate seconded by Councilman Stout that Resolution No, 1749 be adopted. RESOLUTION NO. 1749 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING FREEWAY AGREEMENT. ADOPTED this 18th day of June, 1973 by the following vote: AYES: COUNCIL MEMBERS: DeBELL, HUGHAN, PATE, STOUT and DUFFIN. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: SILVA and GOODRICH. A request of Arnold Wenneberg to hold over 5 days of vacation leave was presented. Motion was made by Councilman Pate seconded by Councilman Stout and carried that Arnold Wenneberg be allowed to carry over 5 days of his vacation leave. Director of Public Works-City Engineer Henry presented and explained the development agreement for McDonald's Restaurant at the northeast corner of Wren Avenue and First Street. Council tabled action to determine if 50% construction on the block had been com- pleted with this development in order to require curbs, gutters, and sidewalks. 3478 P.U.D. Mesa Rd. Carl Bozzo Intro.Ord. re: fences Intro.Ord. re: abandoned vehicles P.U.D. Mesa Rd-Carl Bozzo Tree Maint. Bonanza Daysl Tree Maint. Pistol Range McDonald's Restaurant The City attorney recommended that the Planned Unit Develop- ment of Carl Bozzo on Mesa Road containing 28 acres be required to file an Environmental Impact Report for said development, He noted that the developerso.f >sa~d"deve,lopmentqttest.<ioned the law,r-equi-ring same. Mr. Breakey, representing the developer of this Planned Unit Development requested continuance on the matter of requiring an En- vironmental Impact Report to the next Council Meeting of July 2, 1973. The City Attorney presented a proposed ordinance amending the City Code relating to fences. Motion was made by Councilman Pate seconded by Councilman DeBell and carried that the proposed ordinance be introduced and published by title and summary. ..-.- .....", The City Attorney introduced a proposed ordinance amending Sections 15.112, 15.116 and 15.117 of the City Code relating to the removal of abandoned, wrecked, dismantled or inoperative vehicles, to conform to the requirements of the Vehicle Code Section 22660. Motion was made by Councilman Hughan seconded by Councilman Stout and carried that the proposed ordinance be introduced and published by title and summary. Mr. Rossi, attorney representing Carl Bozzo's development on Mesa Road requested Council continuance of the decision to require an Environmental Impact Report for his development and further requested that Mr. Rhodes, A.I.A. be allowed to meet with the Architectural and Site Control Committee and the Planning Commission to verify that there has been no change in the original plans as proposed for the subject development. Councilman Stout inquired of the City's policy in regard to maintenance of trees located in the parkways. It was noted that same was the property owner's responsibility unless same became a hazard to the public right-of-way. Councilman Stout reported a ridge in the pavement at Leaves- ley Road at the Railroad Crossing. Director of Public Works-City Engineer Henry noted that he would investigate same. ......., <,j." -".wi Councilman Pate complemented City employees invloved in the Bananza Day's Celebration. Councilman Pate noted that during the Bonanza Days' Barbecue at Christmas Hill Park that a bicycle path was not able to be used due to the vehicles parking on it. Councilman Pate suggested that for future celebrations of this capacity scheduled for Christmas Hill Park that the possibility of parking on another portion of the turf be investigated. Further discussion was had in regard to a maintenance of trees in the parkways. City Administrator Wood noted that Councilman Silva was ill, however had investigated the Golf Course property for a possfble ~istol Range; that if the City does not anticipate developing the adjoining lands for future parks or golf course expansion that same would be feasible for a Pistol Range. Chief of Police Laizure recommended purchasing land where no earth moving was necessary. City Administrator Wood noted that he would attempt to obtain an estimate for the earth moving required for a Pistol Range at the Golf Course property. ~ _J Director of Public Works-City Engineer Henry noted that Wren Avenue (605ft) 290 ft. was developed; First Street (1400 ft) 950 ft. was developed and 450 ft undeveloped and recommended that Wren Avenue be constructed to meet the existing street. Motion was made by Coun- cilman DeBell seconded by Councilman Hughan and carried that the De- velopment Agreement of McDonald's Restaurant be approved subject to the condition that they be required to install curb, gutters and street improvements on Wren Avenue to meet the existing curbs, gutters and street. 3479 City Barbecue Personnel Director Reinsch noted that the City Barbecue had been changed to August 4, 1973. Bus Stop Route Director of Public Works-City Engineer Henry noted that he is not in accord with the Countyls proposed Bus Stop~Route for the Gilroy Area. He noted that he would make a recommendation to Council on said route at the next Council Meeting. Adjournment At 1 1:3~ p.m. the Mayor Pro Tempore adjourned the meeting. Respectfully submitted, , .~)., /.., , ....... ~ --l '-- ,;;;/...... -' '< ., ,~-' --.L) Lt:--t,1J,ffU. '/---. City Clerk /' ,.