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Minutes 1975/05/19 3686 May 19, 1975 Gilroy, 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. Roll Call Present: Council Members: William E. Childers, Dennis L. DeBell, George T. Duffin, Marion T. Link, John E. Pate and Norman B. Goodrich. Absent: Council Member: David V. Stout Intro. new emp. The Mayor introduced new employee Robert Scott Clark, Police & Promotion Patrolman and noted the promotion of Kabine Mara from Wastewater Operator Aide to Water Quality Control Plant Operator. The Mayor welcomed 7th & 8th grade students from Brownell School present in the audience. Consent Calendar 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: Chil- ders, DeBell, Duffin, Link, Pate and Goodrich. Absent: Council Member: Stout. Minutes Minutes of the May 5, 1975, Regular Council Meeting; 3687 Pub.Hear. re: Set June 2, 1975, as a Public Hearing date on the proposal to amend Sec. 4 & 49 Section 4 and 49 of the Zoning Ordinance; Salary Merit Approved Salary Merit Increases for the following five (5) City Increases Employees: G. DeLorenzo, Engineering Aide, Range 29.5 from Step "B", $850 to Step "C" $891; R. Caballero, r~. Gaeta, R. Redondo, Utilitymen Trainees, Range 21 from Step "A" $535 to Step "B" $562; and J. Gonzales, Police Trainee, Range 25 from Step "A" $649 to Step "B" $683; Res. #75-16 re: Adopted Resolution No. 75-16 authorizing the City Administrator to Abandoned execute an agreement for participation in the Abandoned Vehicle Abatement Veh. Prog. Program for the period July 1, 1975, through June 30, 1976. r - RESOLUTION NO. 75-16 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY OF INTENTION TO PARTICIPATE IN THE ABANDONED VEHICLE ABATEMENT PROGRAM. PASSED AND ADOPTED this 19th day of May, 1975, by the following vote: AYES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Link, Pate and Goodrich NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Stout Budgeted Purchases Noted a report on budgeted purchases that exceed $1,500 per Council direction; Injury Claim re: Denied an injury claim of Mr. Frank E. Price. Noted a letter from F. Price Granite Construction in regard to said claim. Pub. Hear. Madonna Vi 11 age Day Care Ctr. re: The Mayor stated that it was the time and place scheduled for a public hearing to consider an appeal on the decision of the Planning Com- mission regarding approval of a Conditional Use Permit granted petitioner, Madonna Village Parents' Association to allow a permanent Day Care Center at 7931 Miller Avenue. ~ Associate Planner Lefaver explained the history of this proposal. The Mayor asked if there was anyone in the audience wishing to speak for or against the Conditional Use Permit for a permanent Day Care Center at 7931 Miller Avenue. Mr. Mike Silacci, addressed the Council and spoke on behalf of the Madonna Village Parents' Association requesting Council approval of said Day Care Center. The Mayor asked if there was anyone else in the audience wishing to speak for or against the proposal. There was no comment from anyone in the audience. Motion was made by Councilman Line seconded by Councilman DeBell and carried that the Public Hearing be closed. Res. #75-17 Motion was made by Councilman Link seconded by Councilman Childers that Resolution No. 75-17 be adopted concurring with the Planning Com- mission's decision granting said Conditional Use Permit to Madonna Village Parents' Association for said permanent Day Care Center at 7931 Miller Avenue. w RESOLUTION NO. 75-17 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DENYING THE APPEAL FROM RESOLUTION NO. 756 OF THE PLANNING CQt.1MISSION GRANTING A CONDITIONAL USE PERMIT TO MADONNA VILLAGE PARENTS' ASSOCIATION. PASSED AND ADOPTED this 19th day of May, 1975, by the following vote: AYES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Link, Pate and Goodrich NOES: COUNC IL MEMBERS: None ABSENT: COUNCIL MEMBERS: Stout rq I ' Chestnut St.- Mr. William K. Henry, representing the engineering firm of Garcia Murray Ave. & Henry, addressed the Council and presented the Engineer's Report on the proposed "Chestnut Street - Murray Avenue Improvement Distri ct 74-1" Assess- ment District, consisting of plans, specifications, maps and descriptions, estimate of costs, diagram and assessment. After full discussion and con- sideration by the Council, the Report was ordered filed. 3688 City Administrator Wood noted that the Budget for this project was under the Engineer's estimate for the project due to recent in- creases in material costs. Mr. Larry Jensen, representing the firm of Wilson, Jones, Morton & Lynch, presented resolutions required for formation of said Assessment Di stri ct. Res. #75-18 Resolution No. 75-18, A Resolution Appointing Engineer and Authorizing Execution of Agreement for Engineering Services in Con- nection with Chestnut Street - Murray Avenue Improvement District, was read. On motion of Councilman Pate, seconded by Councilman Duffin and ... unanimously carried, said Resolution was adopted. ~ RESOLUTION NO. 75-18 A RESOLUTION APPOINTING ENGINEER AND AUTHORIZING EXECUTION OF AGREE- MENT FOR ENGINEERING SERVICES IN CONNECTION WITH CHESTNUT STREET - MURRAY AVENUE IMPROVEMENT DISTRICT, PROJECT 1974-1. PASSED AND ADOPTED this 19th day of May, 1975, by the following vote: AYES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Link, Pate and Goodrich NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Stout .... Res. #75-19 Resolution No. 75-19, A Resolution Appointing Attorneys, was read. On motion of Councilman Pate, seconded by Councilman Duffin and unanimously carried, said Resolution was adopted. RESOLUTION NO. 75-19 A RESOLUTION APPOINTING ATTORNEYS - CHESTNUT STREET -t~URRAY AVENUE IMPROVEMENT DISTRICT, PROJECT 1974-1. PASSED AND ADOPTED this 19th day of t1ay, 1975, by the following vote: AYES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Link, Pate and Good ri ch NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Stout .... :1 .. Res. #75-20 Resolution No. 75-20, A Resolution of Preliminary Determination and of Intention, was read. On motion of Councilman Pate, seconded by Councilman Duffin and unanimously carried, said Resolution was adopted. RESOLUTION NO. 75-20 A RESOLUTION OF PRELIMINARY DETEm1INATION AND OF INTENTION - CHESTNUT STREET-MURRAY AVENUE IMPROVEMENT DISTRICT, PROJECT 1974-1. PASSED AND ADOPTED this 19th day of May, 1975, by the following vote: AYES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Link, Pate and Goodrich NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Stout Res. #75-21 Resolution No. 75-21, A Resolution of Preliminary Approval of Engineer's Report, was read. On motion of Councilman Duffin, seconded by Councilman Childers and unanimously carried, said Resolution was adopted. RESOLUTION NO. 75-21 A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT - CHESTNUT STREET-MURRAY AVENUE IMPROVEMENT DISTRICT, PROJECT 1974-1. AYES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Link, Pate and Goodrich NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Stout -.. , I ~ Res. #75-22 Resolution No. 75-22, A Resolution Establishing Prevailing Wage Scale, was read. On motion of Councilman Duffin, seconded by Council- man Pate and unanimously carried, said Resolution was adopted. 3689 RESOLUTION NO. 75-22 A RESOLUTION ESTABLISHING PREVAILING WAGE SCALE - CHESTNUT STREET - MURRAY AVENUE IMPROVEMENT DISTRICT, PROJECT 1974-1. PASSED AND ADOPTED this 19th day of May, 1975, by the following vote: AYES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Link, Pate and Goodrich. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Stout Res. #75-23 Resolution No. 75-23, 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 Duffin, seconded by Councilman Pate and unanimously carried, said Resolution was adopted. r""" - RESOLUTION NO. 75-23 A RESOLUTION APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ACQUISITIONS AND IMPROVEMENTS, AND DIRECTING NOTICE - CHESTNUT STREET-MURRAY AVENUE IMPROVEMENT DISTRICT, PROJECT 1974-1. PASSED AND ADOPTED this 19th day of May, 1975, by the following vote: AYES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Link, Pate and Goodrich. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Stout Res. #75-24 Resolution No. 75-24, A Resolution Calling for Sealed Proposals and Fixing Liquidated Damages for Fail.! to Complete the Work Within Time Specified, was read. On motion of Councilman Duffin, seconded by Councilman Pate and unanimously carried, said Resolution was adopted. f"'- .. RESOLUTION NO. 75-24 A RESOLUTION CALLING FOR SEALED PROPOSALS AND FIXING LIQUIDATED DAt1AGES FOR FAILURE TO COMPLETE THE WORK WITHIN TIME SPECIFIED - CHESTNUT STREET - MURRAY AVENUE IMPROVEMENT DISTRICT, PROJECT 1974-1. PASSED AND ADOPTED this 19th day of May, 1975, by the following vote: AYES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Link, Pate and Goodrich NOES: COUNC I L MEMB E RS : None I....- Res. #75-25 Resolution No. 75-25, A Resolution Describing Proposed Boundaries of Assessment District, Directing Filing of Boundary Map and Assessment Diagram and the Recordation of Notice of Assessment was read. On motion of Councilman Duffin, seconded by Councilman Pate and unanimously carried, said Resolution was adopted. RESOLUTION NO. 75-25 A RESOLUTION DESCRIBING PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT, DIRECTING FILING OF BOUNDARY MAP AND ASSESSMENT DIAGRAM AND THE RECORDA- TION OF NOTICE OF ASSESSMENT - CHESTNUT STREET - MURRAY AVENUE IMPROVE- MENT DISTRICT, PROJECT 1974-1. PASSED AND ADOPTED this 19th day of May, 1975, by the following vote: AYES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Link, Pate and Goodrich. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Stout Chamber of A request of the Gilroy Chamber of Commerce for a 1975-76 Budget Commerce Allocation was noted. Also noted was a letter from Attroney 'rian Cunning- ham in regard to said request. Council referred same to its Budget Study Sessions. r' AB 15 I ' A letter from the City of Salinas in regard to AB 15, Agricultural Land Preservation was noted and tabled to discuss same under the League of California Legislative Bulletin discussion. I >......,) Underground P.G. & E. Funds A letter from Pacific Gas & Electric Company in regard to City accumulation of Underground Funds. Mr. Don Gallagher, representing Pacific Gas & Electric Company addressed the Council recommending that the City appoint a Committee to develop an Underground Lighting Plan for the City to determine the location desired of such a system. The Mayor noted that Council would take the matter under advisement. 3690 Underground P. G. & E. Funds --~,-- ,--1-,- ---- A letter from Pacific Gas & Electric Company in regard to City accumulation of underground funds. Mr. Don gallagher, repre- senting Pacific Gas & Electric Company addressed the Council recom- mending that the City appoint a committee to develop an underground lighting plan for the City to determine the location desired of such a system. The Mayor noted that Council would take the matter under advi sement. Old City Hall A letter from the State Department of Parks and Recreation in regard to the Old City Hall designation as a Historic Place was noted. Council took no action on the proposed grant for rehabili- tation of the Old City Hall to await a definite proposal from Staff. Legislative Bills SB 839 Fire Protection Study ~ Council took the following position in regard to the League of California Legislative Bills: Opposed SB 175 re: Brown Act; opposed AB 15 re: Preservation of Prime Agricultural Land as it is now drafted and noted correspondence from the City of Salinas in regard to same; opposed AB 86 re: Labor Relations; opposed AB 700 re: Lifetime Tenure for Peace Officers; supported AB 1291 re: Force Account Limit Raised to $5,000; supported AB 1674 as recommended by the League re: City Councils' Empowered to authorize use of certain criminal records for licensing and employment purposes; supported AB 1485 re: Elimination of Double Pay for Military Leave; took no action on AB 1125 re: Public Works' Payroll Records; opposed AB 2041 as recommended by the City Attorney re: Writ of Mandate; took no action at this time as recommended by the City Attorney on Item No. 26 changing status of bills previously reported. The City Attorney recommended that the City support AB 1762 as recommended by the League re: Bradley-Burns Sales & Use Tax Repealed. ..... Noted a request of State Compensation Insurance Fund in regard to SB 839 and further noting previous opposition to same. A request of the City of Santa Clara in regard to a proposed Fire Protection Study was noted. Council indicated that they were not in favor of the proposed Fire Consolidation Study as two such studies have previously been completed in the South County area. ... .... Nuclear Genera- A letter from the City of Riverside in regard to Nuclear ting Plants Generating Plants was ntoed and filed. Sponsorship Employment & Training Act BASSA Medical Soci ety S.C.Co. Trans. Com. Meet. Fire Training Program 10 1 Freeway re: A letter from the Ctiy of Sunnyvale offering the City the opportunity to join with their Planned Sponsorship under the Employ- ment and Trai ni ng Act was noted. t10ti on was made by Counci lman Duffin seconded by Councilman Link and carried that the City decline the City of Sunnyvale's offer. The City Administrator noted that he would notify the City of Sunnyvale of the City's action regarding same. Resolutions from the Bay Area Sewerage Services Agency were noted. Council opposed the proposed changes in Air Quality Condi- tions under new plant grants and supported AB 1230 re: Orders of Immediate Possession. City Administrator Wood noted that he would write to the State Water Quality Control Board regarding Council's action on said resolutions. A request of the Santa Clara County Medical Society for support in urging the Governor to call a Special Session of the Legislature regarding Professional Liability Insurance Crisis was noted and Council took no action as said Session has already been called. :~ -.. The following informational items were noted with no separate discussion on same. Mini Minutes of Santa Clara County Transportation Commission Meeting of April 23, 1975; Gilroy Foods appreciation of City Training Program Under Direction of Fire Captain Merle Johnson; Aggregates and Concrete Association of Northern California in support of 101 Freeway, Ford Road to Cochran Road; (PAGES 3691 & 3692 HAVE BEEN DISCARDED BECAUSE OF ERRORS) 3693 Continued from Page 3690........ P & R Admin. California Board of Parks and Recreation Personnel in re: to the Certificate certification of William E. Ayer being granted an Administration Certificate; United Fund Santa Clara County United Fund Organization changing name to "United Way of Santa Cl ara County. II Pl an. Com. Report (" .. I -......J 75-76 Budget The Report of the Planning Commission Meeting of t1ay 15, 1975, was noted and further explained by Associate Planner Lefaver in regard to the proposal for water conservation. Council referred same to Staff for a report back to Council in regard to local plumbers' reactions to said proposal. City Administrator Wood introduced the 1975-76 Preliminary Budget. Council set the following Budget Study Sessions: May 27,1975, at 8:00 p.m.; May 28,1975, at 2:00 p.m.; and May 29,1975, at 2:00 p.m. Meet & Confer A request for an executive session to review progress of Meet and Confer Sessions was noted. Labor Negoti a- tor & Res. #1319 Res. #75-26 I...- Lepiane & Woodwo rth Rezoni ngs A recommendation from City Administrator Wood was ntoed to hire a Labor Negotiator and amend Resolution No. 1319 to provide for same. Motion was made by Councilman Duffin seconded by Councilman Pate that Resolution No. 75-26 be adopted amending Resolution No. 1319 to provide for the City Administrator, a Labor Negotiatior, the Assistant City Adminis- trator, and other designees or substitutions as the Council may determine, from time to time, as the three (3) members to the City's Meet and Confer Team. RESOLUTION NO. 75-26 RESOLUTION OF THE CITY OF GILROY AMENDING SECTION 6 (D) (1) OF EMPLOYER- EMPLOYEE RELATIONS RESOLUTION 1319, DESIGNATING THE THREE (3) EMPLOYER REPRESENTATIVES ON THE CITY NEGOTIATING TEAM. PASSED AND ADOPTED this 19th day of May, 1975, by the following vote: AYES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Link, Pate, and Goodrich NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Stout Director of Public Works-City Engineer Hansen reported that the Development Agreements for the Lepiane and Woodworth Properties had not been executed to date. Motion was made by Councilman Pate seconded by Councilman Link and carried that adoption of ordinances rezoning said properties of Lepiane and Woodworth be continued to the June 2, 1975, Regular Council Meeting to await execution of said Development Agreements. Res. #75-27 Director of Public Works-City Engineer Hansen recommended adoption of the 1975 National Electftcal Code with amendments. Chief Building Inspector Clement reported that the requirements of said 1975 Code would basically be the same throughout the County, noting that the County is presently operating under the 1971 Code. Motion was made by Councilman Pate seconded by Councilman Link that the reading of Resolution No. 75-27 be waived and that it be adopted. r ' -.J RESOLUTION NO. 75-27 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING THE NATIONAL ELECTRICAL CODE 1975 EDITION. PASSED AND ADOPTED this 19th day of May, 1975, by the following vote: AYES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Link, Pate and Goodrich NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Stout Domestic Sewer The Mayor reported on the Domestic Sewer Plant Committee Meeting Committee with Morgan HIll on May 8, 1975. The Report on same by the City of Morgan Hi 11 was noted. 3694 Monterey St. Beautifica- ti on Proj. Industrial Director Municipal Candidates Industrial Di rector 1st St. Signaliza- tion BASSA Goldsmith Seeds Inc. Inter-City Counc i 1 Executive Session Adjournment Councilman Childers noted that bumpers would have to be installeti in front of some'of the planter boxes on Monterey Street as some are continuously being damaged. Director of Public Works-. City Engineer Hansen noted that this is being investigated. Councllman Childers also suggested that the crosswalks be painted with a ~ifferent type of paint such as what the State Department of Transportatlon uses on State highways. Councilman Pate requested that a condition of employment be placed upon the proposed new Industrial Director requiring same to file a Disclosure of Asset statement. Councilman Pate suggested that the City pay future costs of municipal candidates "Qualification Statements" included with Sample ba 11 ots . The City Attorney noted that he would investigate same. The Mayor appointed Councilmen DeBell and Duffin as the City's representatives on the Industrial Director Committee with the City Administrator. The Mayor noted that if the City would direct a letter to Senator Alquist regarding signalization on First Street that he would be able to provide assistance in the City's request for a traffic signal on First Street at Wren Avenue even though the City was in- formed that there were not enough warrants for same. The Mayor noted that the Selection Committee of BASSA had selected Councilman Stout as the number one choice to fill the unex- pired term of former Councilman Hughan. City Administrator Wood noted that Goldsmith Seeds, Inc. had donated 95 flats of petunias for the Downtown Beautification Dedica- tion Ceremonies and additional 35-40 flats for City parks. Council requested that a letter of thanks be forwarded to Goldsmith Seeds, Inc. for their generous contribution to the City. The Mayor noted the presence of Planning Commission Repre- sentative Dorathy. The Inter-City Council Special Breakfast Meeting of May 28, 1975 was noted. At 10:19 p.m. the Mayor adjourned to an executive session. The Mayor reconvened the meeting and adivsed Council of a Meeting with Mr. Ed Reith, Labor Negotiator on May 22, 1975 at 3:00 p.m. At 10:35 p.m. the Mayor adjourned the meeting. Respectfully submitted, /'" ~l)j/}IAA_ J ,"-, / &~jvI/7r/IU/ City Clerk