Minutes 1975/07/21
3712
Roll Call
Consent
Calendar
t1i nutes
Pub.Hear. re:
54.2 Zone
Ord.
Salary Merit
Increases
Gilroy, California
July 21, 1975
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: William E. Childers, George T. Duffin,
Marion T. Link, John E. Pate, David V. Stout and Norman B. Goodrich.
Absent: Council Member: Dennis L. DeBell.
Motion was made by Councilman Pate seconded by Councilman Link
that the following items under the Consent Calendar be approved.
Passed and adopted by the following Roll Call Vote: Ayes: Council
Members: Childers, Duffin, Link, Pate, Stout and Goodrich; Absent:
Council Member: DeBell.
I
-
Minutes of the July 7, 1975, Regular Council Meeting;
Minutes of the July 8, 9, 10, arnd 14, 1975, Adjourned Regular
Council Meetings;
Set a Public Hearing date of August 4, 1975, on the proposal of
the Planning Commission to amend Section 54.2 of the Zoning Ordinance;
Approved the following Salary Merit Step Increases for Five (5)
City Employees: B. J. t1cCuiston, Police Sergeant, Range 35 from Step
0, $1,322/mo. to Step E, $1,388/mo.; G. J. Giusiana, Police Cadet, Range
21.5 Step B, $3.61/hr. to Step C, $3.79/hr.; Anne Bianchi, Recreation
Leader III, Range 25.5 from Step A, $719/mo. to Step B, $756/mo.;
Robert Connally, Recreation Supervisor I, Range 28.5 from Step A,
$833/mo. to Step B, $874/mo.; and Mauro Lugo, Utility Man Trainee,
Range 21, from Step B, $612/mo. to Step C, $641/mo.
The Mayor deviated from the Regular Agenda and discussed the
following items under Bids and Proposals in reverse order.
Backhoe Loader A request for purchase of a Ford Backhoe Loader Tractor was
Tractor noted and discussed.
Councilman DeBell entered at 8:01 p.m. and took his seat at the
Council table.
Director of Public Works-City Engineer Hansen explained the
request for the Backhow Loader Tractor. t1r. William Demichelis,
Equipment Maintenance Supervisor, further explained the request for
purchase of the Ford Backhow Tractor. Discussion was had by Council
in regard to said matter. Motion was made by Councilman Duffin
seconded by Councilman Childers and carried that the request to pur-
chase the Ford Backhow Loader Tractor from Noble Ford in the amount of
$19,132.38 be approved. Councilman Stout voted "no" on the mati on.
Bids re: Chestnut A Report of the following bids received re: Chestnut Street-
-Murray Imp. Murray Avenue Improvement Project 74-1 was presented. 1) Raisch Canst.,
Dist.74-1 San Jose - $435,971.80; 2) Rubicon Const. Co., Salinas - $455,424.50;
3) Granite Const. Co., Watsonville - $361,481.00; 4) Leo F. Piazza
Canst. Co., San Jose - $404,625.00; 5) George C. Renz Const. Co.,
Gilroy - $397,366.00; 6) Aadco Const. Co., Saratoga - $434,146.80;
7) Eilert & Smith Inc., San Jose - $399,978.25, noting that said bids
were received on July 17, 1975, at 2:00 p.m. Council deferred action
on the bids until the Public Hearing on said project.
Pub.Hear.-Chest- The Mayor stated that it was the time and place scheduled for a
nut/Murray Publ ic Hearing on "Chestnut Street - r~urray Avenue Improvement Project
Imp.Dist. 1974-1."
"'",.CO'.........
Director of Public Works-City Engineer Hansen reported that
there were 31.8% of the property owners protesting said Improvement
Proj ect.
l);!"''''f
-
.,.;.,...".
-
Hearing re:
Marx-Chev.
Buick appeal
-s i gn var-
iance
."
....
Res. #75-37
3713
City Administrator Wood presented and read a letter from the
Gilroy Unified School District noting that the School Board had taken
a neutral position in regard to the proposed project until such time
that the City Council makes a formal recommendation in regard to said
project.
Mr. Michael diLeonardo, attorney representing the Ghirlanda property
owners, addressed the Council and noted that if the City of Gilroy and the
Gilroy Unified School District property was excluded from the proposed
project, there are 70% of property owners in protest of the proj~ct.
Mr. Herman J. Mager, attorney representing the Lopina property owners,
addressed the Council and noted that they concur with Mr. diLeonardds cal-
culation of the protest percentage.
City Administrator Wood recommended that consideration be given to
improve Murray Avenue from I.O.O.F. Avenue to Leavesley Road and delete
the portion south of I.O.O.F. Avenue.
Councilman Stout stated that the City should consider doing this
project or abandon same.
Motion was made by Councilman Duffin seconded by Councilman Link
and carried that the Public Hearing be closed.
Discussion was had by Council in regard to improving that portion
of the proposed improvement from I.O.O.F. Avenue to Leavesley Road and
eliminating the Lewis Street portion of said project or completely abandon-
ing the entire project. Discussion was also had in regard to reducing the
86' width proposed.
Mr. Philip D. Assaf, Bonding Attorney, addressed the Council and
noted that the entire project could be abandoned or Council could over-
rul e the protests, conti nue the matter without further acti on until Staff
could determine exactly what modification of the proposed project is desired
by the property owners.
Motion was made by Councilman Duffin seconded by Councilman Link
and carried that Council reconsider the matter and reopen the Public Hearing.
Motion was made by Councilman Pate seconded by Councilman Childers
and carried that the Public Hearing be continued to August 18, 1975, at
8:00 p.m., at the Regular Council Meeting.
Director of Public Works-City Engineer Hansen invited those property
owners on Murray Avenue to a Study Meeting on July 28, 1975, at 7:30 p.m.,
in the Council Chambers and those property owners on Lewis Street to a
meeting on July 29, 1975, at 7:30 p.m., at the same location.
Motion was made by Councilman Duffin seconded by Councilman Link
and carried that the bids received for this project be taken under con-
sideration for action at a later date.
The Mayor stated that it was the time and place scheduled for a
hearing in regard to the appeal of Marx-Chevrolet Buick on the decision
of the Planning Commission denying the request for a variance for a free-
standing sign on Monterey Street.
Councilman Pate excused himself from discussion and action on same
as he noted that he had a conflict of interest since Marx-Chevrolet Buick
was one of his customers.
Associate Planner Lefaver explained the action of the Planning Com-
mission regarding said variance request.
Mr. Ed Walthard, Vice-President of Marx-Chevrolet Buick, addressed
the Council and requested that Council reconsider the variance request
further explaining their problem.
Motion was made by Councilman Duffin seconded by Councilman Stout
that the reading of Resolution No. 75-37 be waived and that it be adopted
concurring with the Planning Commission's decision to deny said variance
request. It was noted that said matter could be referred to the Planning
Department for a workable solution with the third sign possibly being
located on the building.
3714
Bonanza Days
Celebration
Council
Seminar
Legislative
Bulletin
Plan. Com.
Report
7/17/75
Personnel
Com. Report
7/14/75
Sa 1 a ry &
Benefit
Adj.
Chamber of
Com.Budget
All ocati on
HUD Flood
H az a rd
Boundary
r~ap
Bldg. Code
Appeals
Brd.
RESOLUTION NO. 75-37
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AFFIRMING ON APPEAL
RESOLUTION NO. 759 OF THE PLANNING COMMISSION DENYING A VARIANCE TO
ALLOW A THIRD FREE-STANDING SIGN AT 8655 MONTEREY STREET.
PASSED AND ADOPTED this 21st day of July, 1975, by the following vote:
AYES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Link, Stout and
Good ri ch
NOES: COUNCIL MEt~BERS: None
ABSENT: COUNCIL MEMBER: Pate
A request of Gilroy Bonanza Days was presented for a Proclamation
of Gilroy Bonanza Days, September 29-28, 1975, and use of City facili-
ties, parade routes, etc. Motion was made by Councilman Duffin seconded
by Councilman Link and carried that the request of Gilroy Bonanza Days
be approved as requested.
.....
,
-
The National League of Cities "policy Leaders' Seminar for City
Councilmen" was noted.
The League of California Cities Legislative Bulletin, dated
July 17, 1975, was noted and discussed and the following bills were
noted for opposition to same.
Supported the League's position in opposition to AB 11 (McAlister)
re: Eminent Domain; noted previous opposition to AB 1059 (Miller) re:
Indemnification of Peace Officers for Punitive Damages; supported
League's position in support of AB 119 (Dixon) SB 4 (Dills) re: Com-
promise Labor Relations Bill; noted previous opposition to AB 700 (Fen-
ton) re: Peace Officers Employer-Employee Relations; opposed SB 662
(Song) re: Business License Tax Exemption; supported the City Attorney"s
recommendation to oppose AB 288 re: Limitation on Cities' Authority to
Impose Fees and Taxes, and SB 271 (Marks) re: General Plans. New "Con-
sistency" requirement proposed; Councilman Stout opposed SB 8 (Robbins)
re: Direct Election of SCRTD Board; opposed AB 1485 (Suitt) re: Double
Pay Prohibited for Employees on Military Leave; and supported the City
Attorney's recommendation to oppose SB 320 (Schrade) re: Notice of
Zoning Changes. New Local Mandates proposed.
~
The Report of the Planning Commission Meeting of July 17, 1975,
was noted.
The Report of the Personnel Commission Meeting of July 14, 1975,
was noted.
A request to set salary and benefit adjustments for Management
(Department Heads and Assistants) and Confidential Employees was noted,
and further request for an executive session if necessary for said
considerations. The Mayor ordered an Executive Session following the
Regular Agenda to discuss same.
A request from the Gilroy Chamber of Commerce in regard to Lump
Sum payment for annual budget allocation was noted and discussed. Motion
was made by Councilman Duffin seconded by CounCilman Stout and carri'~p
that the request of the Chamber of Commerce for one lump sum payment for
the City's budget allocation be denied.
A Report on a revision of H.U.D.'s Local Flood Hazard Boundary
Map was presented and explained by the City Administrator. Discussiqn
was had on the matter. Council objected to said revision and authorized
the City Administrator to write Congressman Mineta and other legislatprs,
of his choice, noting Council objected to said Flood Hazard boundary Map
for the Ci ty.
iIIIIIIlII
.......,.
A request to establish a separate Building Code Appeals Board was
presented and discussed. The Mayor appointed those members of the
Dangerous Buildings Code as a separate Building Code Appeals Board with
Councilman DeBell as Ex-Officio member of said Appeals Board.
Downtown
Beautifi ca-
ti on Proj.
..".."
Tract 5507-
Rancho El
Dorado
...
Commerci a 1
Alley Proj.
Intra. Ord.
re:Trees
P"''"4
Ind.Waste-
-- water Syst.
Eng.Serv.
Agree.
Ambulance
Service
Rep. for Co.
Com. for
Zoning in
So. Co.
Barbecue
Exec. Session
.','"'
Salary & Bene-
fi t Adj. re:
Managm't
......
Adjournment
3715
A Report on the retention and change order for the Downtown Beauti-
fication Project was noted. Motion was made by Councilman Pate seconded
by Councilman Link and carried that retention in the amount of $31,512.40
and the change orders in the amount of $3,885.00 totalling $35,397.50 be
approved as recommended.
Director of Public Works-City Engineer Hansen requested acceptance
of the improvements in Monterey Street Safety and Beautification Project.
Motion was made by Councilman Duffin seconded by Councilman Pate and car-
ried that the improvements in Monterey Street Safety and Beautification
Project be accepted as recommended.
A request for acceptance of the improvement Tract 5507, Rancho El
Dorado Estates was presented and explained by Director of Public Works-
City Engineer Hansen with the exception of maintenance of the Storm Drain
System and any silt problem that may recur to be reviewed in one (1) year
or until such time as the problem can be resolved.
Discussion was had in regard to maintenance responsibility to the
islands in the street. Council requested a review of the Development
Agreement for this Tract prior to acceptance of the improvements, to de-
termine responsibility of maintenance of the islands within the street.
Director of Public Works-City Engineer Hansen requested authori-
zation to engage an Engineering Consultant for the Commercial Alley Project
proposed. Discussion was had in regard to said project. Motion was made
by Councilman Pate seconded by touncilman Stout and carried that an Engi-
neering Consultant be obtained for the Commercial Alley Project as requested.
The City Attorney presented and explained the proposed revised
ordi nance amendi ng Chapter 26 of the City Code regardi ng "Trees". Di s-
cussion was had in regard to same. Motion was made by Councilman Pate
seconded ~ Councilman Childers that the proposed ordinance amending
Chapter 26 be introduced and published by title and summary. Motion car-
ried.
Councilman Stout reported that the Sewer Advisory Committee will
be further studying the Industrial Wastewater System Engineering Services
Agreement on July 28, 1975, at 3:00 p.m., for recommendation to Council
at a later meeting.
Councilman Stout requested investigation of the local Ambulance
Service in regard to recent complaints received in regard to said service.
Adv. City Administrator Wood reported that the County Planning Department
has requested the City appoint a representative to serve on an Advisory
Committee for Zoning for the South County Area. The Mayor appointed
Councilman Childers as said representative.
Assistant City Administrator Reinsch reminded Council of the City
Barbecue scheduled for August 2, 1975.
At 10:44 p.m., the Mayor adjourned to an Executive Session of the
Council
The Mayor reconvened the meeting at 11:40 p.m.
Motion was made by Councilman Stout seconded by Councilman DeBell
and carried that Salary and Benefit Adjustments for Management (Department
Heads and Assistants) as outlined by the City Administrator be approved.
Motion was made by Councilman Pate seconded by Councilman Stout and
carried that the salary increase and medical benefits for the Confidential
Employees be approved as previously granted the general employees.
Motion was made by Councilman Pate seconded! by Councilman Duffin
and carried that a yearly salary of $10,500 for the City attorney and
$28,500 for the City Administrronrbe approved.
At 11:43 p.m., the Mayor adjourned the meeting.
Respeptfu lly submiJ7ted, /
(?))/~/:'~ V ~
City Cl er