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Minutes 1975/07/07 Roll Call ... ' - Consent Calendar Minutes Ord. #75-12 Claims ".>1'1lf!i - Pub.Hear. re: Chest. St.- Murray Ave. Imp. Di s t. 74-1 ~ ........ 3705 Gilroy, California July 7, 1975 The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:02 p.m. Present: Council Members: William E. Childers"George T. Duffin, Marion T. Link, John E. Pate, David V. Stout and ~an 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. Minutes of the June 16, 1975, Regular Council Meeting; Minutes of the June 30, 1975, Adjourned Reqular Council Meeting; Adopted Ordinance No. 75-12 Adding H-C (Highway Commercial) District Land Use Designation to Fire Zone No.2. ORDINANCE NO. 75-12 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECITON 6.11 OF THE GILROY CITY CODE BY ADDING HC DISTRICT TO FIRE ZONE NO.2. PASSED AND ADOPTED this 7th day of July, 1975, by the following vote: AYES: COUNCIL MEMBERS: Childers, Duffin, Link, Pate, Stout and Goodrich NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: DeBell; Denied Claims of Mrs. Lula Fellabaum; Mrs. Bertha Rivas, et al; and Pavese Plumbing & Heating. The Mayor stated that it was the time and place scheduled for a public hearing re: "Chestnut Street-t4urray Avenue Improvement Project 1974-1. Staff's recommendation to continue the public hearing to July 21, 1975, was noted. Petitions from the property owners protesting the improvement were noted. Mr. William K. Henry, Civil Engineer for the project addressed the Council and explained the proposal, boundaries of the project, and esti- mated costs of said project. David W. Hansen, Director of Public Works-City Engineer reported on an informal meeting held with the property owners of the proposed project. The following people in the audience addressed the Council objecting to the formation of the Improvement District: Anthony Lopina, 8282 Murray Avenue, primarily objecting to the alignment of the proposed street noting that if it did not affect the operational function of his property that he would not be opposed to the proj ect. Mr. Michael di Leonardo, attorney representing the Ghirlanda property, objecting to hi s cl ient' s property being severed; further noti ng that he ,1 would have no objection if the proposed street did not go through the Ghirlanda property. Mr. George P. Porcella, 392 Old Gilroy Street, protestinq the noise abatement contemplated to be created by the street improvement proposed. Mr. Philip D. Assaf, attorney representing the City's Bonding Attorneys, addressed the Council and noted that all notices required by law had been posted and mailed. Further informed Council that if the pro- posed District is to be modified that a new bid opening date be set to allow for any modification of the specifications. 3706 Industrial Waste- water Syst. Eng. Serv.Agree. Emergency Serv.Agree. GEA/Local 101 presenta- tion Inter-Ci ty Council S.c. Valley Emp. & Train.Brd. re: H R5247 Pan-Tempo Properti es Tra ffi c Signals The Mayor asked if there was anyone else in the audience wishing to speak for or against the proposal. There was no further comment from anyone in the audience. Motion was made by Councilman Link seconded by Councilman Duffin and carried that this Public Hearing be continued to July 21, 1975, Regu- lar Council Meeting. Mr. Richard Foss, representing Consoer, Townsend and Associates, addressed the Council and explained a proposed Industrial Wastewater System Engineering Services Agreement. The Mayor referred same to the Council Advisory Sewer Committee to discuss said Agreement with the Industrial Users for recommendation at the July 21, 1975, Regular Council Meeting. ....; ~ An Emergency Mervices Agreement with the County of Santa Clara was presented for approval. Motion was made by Councilman Duffin seconded by Councilman Stout and carried that the Emergency Services Agreement as presented be approved and that the Mayor be authorized to execute same on behalf of the City. Mr. James Gallagher, representing the Gilroy Employees' Associa- tion from Local 101, Federation of State, County and Municipal Em- ployees addressed the Council and noted that the Gilroy Employees' Association voted to strike if further negotiations could not be made in regard to the City's share of Social Security benefits being applied to medical and dental benefits for the employees. He further filed petitions with the City Clerk requesting the City to give their share of Social Security Benefits toward medical and dental benefits for their employees. The Mayor noted that Social Security benefits were never before the Negotiation Committee. He further noted that statements in a re- cent flier distributed throughout the City by the Gilroy Employees' -- Association were erroneous. ~,",\iI Mr. Gallagher noted that this matter is now in the courts be- cause there was a difference of opinion whether or not this matter was part of the Negotiating Committees' proposal. He further stated that the suit would be withdrawn if the matter could be placed back on the Bargaining Table, and guaranteed that the demands on the table would not exceed the City's ability to pay. City Administrator Wood explained a report on chronological review of actions taken by the City in dropping Social Security. The Mayor noted that the suggestions and recommendations would be discussed at the Council Executive Session following the regular Agenda. Mr. Antonio Del Buono addressed the Council in regard to the recent fliers circulated by the Gilroy Employees' Association. He complimented the Spanish translation of said flier. A letter from the Inter-City Council was noted in regard to July and August Meetings. A 1 etter from the Santa Cl ara Vall ey Employment and Trai ning Board was noted in regard to H.R. 5247. Discussion was had on the expansion of CETA II Programs. ........ ~ A letter from Pan-Tempo Properties, Inc. was noted requesting inclusion of lands in the 1976 Urban Service Area Plan. It was noted that this letter will be referred to the Planning Commission at the time said Urban Service Area Plan is discussed. A letter from Senator Alfred E. Alquist was noted in regard to Wren Avenue and Westwood Drive Traffic Signals. Chamber of Commerce 3707 A letter from the Gil roy Chamber of Commerce was noted requesti ng the total annual payment from the City to be in one lump sum. Council instructed the City Administrator to contact Secretary-Manager Emlen to determine if the Chamber could continue to receive their annual allotment in quarterly payments. The following informational items were noted with no separate dis- cussion on same. S.C.Co. Heart Santa Clara County Heart Association, Inc., conveying thanks to the Assoc. Gilroy Fire Department in regard to county-wide Blood Pressure Screening Project. The Report of the Planning Commission Meeting of June 19, 1975, was noted and further explained by Associate Planner Lefaver. Motion was made by Councilman Duffin seconded by Councilman Link and carried that the 15 lot plan on Welburn Avenue for Mira Lorna Sub- division be approved as presented. Motion was made by Councilman Duffin seconded by Councilman Pate and carried that the 48-unit apartment plan under Section 49 located on the west side of Church Street at Pierce Street be approved as presented. Marx Chev.-Buick An appeal of t1arx Chevrolet-Buick was noted regarding the decision Appeal re: of the Planning Commission denying a variance for a free-standing sign on Sign Monterey Street. Council set July 21, 1975, as a hearing date for said appea 1. .,..... - Pacheco Pass Motel re: Truck Pkg. St. Rte. 101 Public Services Plan. Com. Report 6/19175 Mira Lorna Sub. Frisone Bldg. - Personnel Comm. 6/25/75 P & R Com. 6/30/75 ..-;.. ..',~ ..... Monthly Reports May 1975 Di sbursements Mrs. L. G. Edwards in appreciation of six (6) months truck parking trial adjacent to the Pacheco Pass Motel. Department of Transportation in regard to relinquishment of State Route 101. Peninsula Manufacturers' Association in re: to Uninterrupted Public Services. The Report of the Personnel Commission Meeting of June 25, 1975, was noted. The Minutes of the Parks and Recreation Commission Meeting of June 30, 1975, was noted and further noted that the regular meeting of June 24, 1975, was adjourned to said date due to lack of a quorum. Parks and Recreation Director Ayer noted that the Commission had requested Council to appoint a committee in regard to use of City lands for Gilroy Little League. He noted that the Commission recommended that representation on said Committee be as follows: Two (2) members of the Parks and Recreation Commission; the Parks and Recreation Director; two (2) Council Members; three (3) Little League representatives; and one (1) School District representative to be designated by the School. Councilman Stout noted that his Committee with Barney Ferranti, Little League President, and Parks and Recreation Director AYer had not completed their study of the matter. Discussion was had in regard to use of School District lands. Parks and Recreation Director Ayer suggested that the t~ayor ap- point Commissioners Biafore and Armenta to represent theCommission on said Committee. The Mayor instructed Parks and Recreation Director AYer to obtain three (3) names from the Gilroy Little League and a School District representative so that he may complete appointment to said Committee. The Summary of the Monthly Reports of May, 1975, was noted. The Report of Disbursements from June 1, 1975, through and including June 30, 1975, was noted and discussed. 3~708 Land & Water Conserv. Grants Water Depos it Adjustments A report on Land and Water Conservation Grants, Las Animas and Christmas Hill Parks regarding Baseball Backstops was noted and dis- cussed. Council requested that future requests for grants be presented in more detail to Council prior to approval of said grant application. Motion was made by Councilman Pate seconded by Councilman Duffin and carried that the Memorandum of June 13, 1975, from the Purchasing Agent in regard to Budgeted Purchases that exceed $1,500 per Council direction which included the baseball backstops in question, be ap- proved as submitted. A report on Water Account Deposit adjustments was noted and discussed. Council took no action in regard to increasing said deposits at this time. .... - Executive A request for an Executive Meeting in regard to the status of Session "r~eet and Confer" progress foHowing the regular agenda was noted. Sewer Farm #4 A Resolution of the Board of Supervisors approving annexation Annex.75-3 of territory designated as "Sewer Farm No.4 Annexation 75-3 to the City of Gilroy" on June 18, 1975, containing 139.606 acres was noted. Res. #75-35 Resolution No. 75-35 removing said territory from the Gilroy Rural Fire District was presented. Motion was made by Councilman Pate seconded by Councilman Stout that the reading of Resolution No. 75-35 be waived and that it be adopted. Water Quality Cont. Sewer Com. Meet. RESOLUTION NO. 75-35 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY WITHDRAWING FROM THE GILROY RURAL FIRE DISTRICT TERRITORY THEREIN RECENTLY ANNEXED TO THE CITY OF GILROY UNDER THE DESIGNATION "SEWER FARM NO. 4 ANNEXATION 75-3 TO THE CITY OF GILROY}I PASSED AND ADOPTED this 7th day of July, 1975, by the following vote: AYES: COUNCIL MEMBERS: Childers, Duffin, Link, Pate, Stout and Good ri ch NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: DeBell - fOk"",..;.t A report from the Sewer Advisory Committee was noted in regard to a meeting June 25, 1975, with Water Quality Control and E.P.A. Staff in regard to the Domestic Plant Grant. Councilman Pate complemented a local neighbor and the Police Department for arresting a burglar at his residence recently while he was on vacation. City Barbecue Assistant City Administrator Reinsch announced that the City Barbecue has been scheduled for August 2, 1975. Council had no objec- tion to same. League Conf. The 77th Annual Conference of the League of California Cities at San Francisco, October 19-22, 1975, was noted. The following noted that they wished to attend same: Council Members: Duffin, Pate, Good- rich; City Attorney and City Administrator. At 11:24 p.m., the Mayor adjourned the meeting to an Executive Session of the Council. At 12:04 a.m., July 8, 1975, the Mayor re- convened the meeting. Adj ournment ..... The r~ayor stated that Council took no action on the request of "',~ r~r. James Gallagher, representing the Gilroy Employees' Association from Local 101. At 12:05 a.m., July 8,1975, motion was made by Councilman Link seconded by Councilman Childers and carried that the meeting adjourn to a Council Meeting and Council Executive Session on July 8, 1975, at 4:00 p.m. Respectfully submitted, p (' Ju h..,J ~ City Clerk , .------' , QJ '-~~