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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