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Minutes 1976/06/21 1 3814 Gilroy, California June 21, 1976 The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:06 p.m. Roll Call Present: Council Members: William E. Childers, Dennis L. DeBell, George T. Duffin, Marion T. Link, John E. Pate, David V. Stout and Norman B. Goodrich. Chamber Manager Consent Calendar - Minutes - 3815 The Mayor introduced Mr. James C. Robert~,Secretary-Manager of the Gilroy Chamber of Commerce. Councilman Stout requested that Item "D" be removed for discussion from the Consent Calendar. Motion was made by Councilman Pate seconded by Councilman Link that the following items excl uding Item "D" under the Consent Calendar be adopted by the following Roll Call Vote: Ayes: Council Members: Childers, DeBell, Duffin, Link, Pate, Stout and Good~ich. Approved the Minutes of the June 7, 1976 Regular Council Meeting; Res.#76-27 Adopted Resolution No. 76-27 setting July 19, 1976 as a Public Hear- ing date on Intention to abandon an easement in El Dorado Estates, Units No. 1 and No.2; RESOLUTION NO. 76-27 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY OF INTENTION TO ABANDON AN EASEMENT IN EL DORADO ESTATES, UNITS NO. 1 AND 2. PASSED AND ADOPTED this 21st day of June, 1976, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, DeBELL, DUFFIN, LINK, PATE, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Sa 1 ary Merit Approved the fo 11 owi ng Salary Merit Step Increases for six (6) City Step In- Employees: Joseph Amelio, Police Officer, Range 32.5 from Step "C" $1116. to creases Step "D" $1170.; Umberto P. DeLeon, Police Officer, Range 32.5 from Step "D" $1170. to Step "E" $1288.; Ralph Hernandez, Custodian I, Range 25 from Step "B" $738. to Step "C" $773.; Francis Lau, Jr. Civil Engineer, Range 35 from Step "C" $1259. to Step "D" $1322.; Tom Vasquez, Police Officer, Range 32 from ...~ Step "B" $1037. to Step "(11 $1088.; and Terry Vierra, Police Officer, Range 32.5 from Step "B" $1062. to Step "C" $1116. - Budgeted Items Discussion was had on the Report of budgeted items exceeding $1500. per Council direction. Motion was made by Councilman Stout seconded by Councilman Link and carried that the purchase of grass seed for Eastside Park be denied. Motion was made by Councilman Pate seconded by Councilman Childers and carried that the lube and service equipment purchases under Item "D" in the amount of $3,696.45 be approved for purchase as recommended. Eastside Pk. A Report on bids received for the site grading project at Eastside grading Park was noted and further explained by Parks and Recreation Director Ayer. Mr. John Howorth representing the bid of J. M. Frantzich addressed the Council and noted that their bid of $17,900.00 is a lump sum bid irrespective of the number of yards required to complete the site grading project. Motion was made by Councilman Duffin seconded by Councilman Childers and carried that the bid of James M. Frantzich (J.Howorth) be awarded in the amount of $17,900.00 irrespective of the number of yards required to complete the site grading project. Councilman Stout voted uno" on the motion. Alarm Sys tems A Report on bids received June 21, 1976 regarding Alarm Systems for intrusion alarms at the Museum and Corporation Yard and for trouble alarms at the Sewer Plant and Lift Station was noted and further explained by Director of Public Works-City Engineer Hansen. Discussion was had on the matter. Motion was made by Councilman DeBell seconded by Councilman Pate and carried that the bid of Bolt Alarm Company in the amount of $9,500.00 for the alarm systems recommended be awarded. Councilman Stout voted "no" on the motion. The Mayor stated that it was the time and place scheduled for a Hearing on the Sidewalk Repair Project. The Report of the Director of Public Works regarding this project was noted. The Mayor asked if there was anyone in the audience wishing to speak for or against the project and proposed assessments. There was no comment from anyone in the audience. Motion was made by Councilman Duffin seconded by Councilman Link and carried that the Res.#76-28 hearing be closed. Resolution No. 76-28 confirming the Report and providing Hear.re: Sidewalk Repairs 3816 for special assessments was presented. Motion was made by Councilman Duf- fin seconded by Councilman Link that the reading of Resolution No. 76-28 be waived and that it be adopted. RESOLUTION NO. 76-28 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING AND ADOPTING THE REPORT OF THE DIRECTOR OF PUBLIC WORKS OF THE CITY OF GILROY ON THE COST OF CONSTRUCTION OF SIDEWALKS, CURBS, GUTTERS AND OR DRIVEWAYS PUR- SUANT TO THE IMPROVEMENT ACT OF 1911, DIVISION 7 OF STREETS AND HIGHWAYS CODE OF STATE OF CALIFORNIA, ASSESSING PARCELS OF PROPERTIES FOR THE COST OF CONSTRUCTION AND DETERMINATION OF PAYMENT OF ASSESSMENTS. PASSED AND ADOPTED this 21st day of June, 1976, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, DeBELL, DUFFIN, LINK, PATE, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ..... ~.. Pub.Hear.re: Rezoning Howson, Mont.Sts. , Welburn & La Coche The Mayor stated that it was the time and place scheduled for a Public Hearing on a rezoning proposal from M-2 to H-C and C-2 for the block between Howson Street, Welburn Avenue, Monterey Street and La Coche Way. City Administrator Wood presented a request of one property owner presently away on vacation for continuance of this Public Hearing to July 6, 1976. Motion was made by Councilman Pate seconded by Councilman Link and carried that the Public Hearing be continued to July 6, 1976 as requested. Weed Abate. The Mayor stated that it was the time and place scheduled for Res.#76-29 the Public Hearing on the Report of the Fire Chief regarding Weed Abate- ment. The Report of the Fire Chief was noted. The Mayor asked if there was anyone in the audience wishing to speak for or against the Weed Abate- ment Program. There was no comment from anyone in the audience. Motion was made by Councilman Pate seconded by Councilman Duffin and carried that the Public Hearing be closed. Discussion was had in regard to the weed abatement performed upon City property. Resolution No. 76-29 Confirming the Report and providing for Special Assessments was noted. Motion was made by Councilman Pate seconded by Councilman Duffin that the reading of Resolution No. 76-29 be waived and that it be adopted. ... - RESOLUTION NO. 76-29 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CONFIRMING THE REPORT OF THE CHIEF OF THE FIRE DEPARTMENT SETTING FORTH THE DESCRIPTION OF PROPERTY, THE OWNERS THEREOF, AND THE COST OF ABATING THE NUISANCE CAUSED BY THE GROWING OF WEEDS AND ACCUMULATION OF REFUSE IN THE CITY ~F GILROY, AND PROVIDING THAT SUCH COSTS SHALL CONSTITUTE ASSESSMENTS AGAINST THE RESPEC- TIVE OWNERS OF LAND. PASSED AND ADOPTED this 21st day of June, 1976, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, DeBELL, DUFFIN, LINK, PATE, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Pub.Hear.re: 76-77 Bud- get The Mayor stated t~ it was the time and place scheduled for a Public Hearing on the proposed 1976-1977 Budget and Revenue Sharing Funds of the City. City Administrator Wood presented and explained a report on said Budget which included previous amendments approved by Council at the ... various Study Sessions. A request of South County Alternatives was noted in opposition to approval of the proposed budget omitting their request of $3,500.00 from said Budget. Mr. George Weymouth, President of The Owl addressed the Council and further explained their request. Mr. Michael Oshan, Directow of South County Alternatives address- ed the Council in regard to said budget request. Motion was made by Councilman Duffin seconded by Councilman DeBell and carried by the following Roll Call Vote that the request of South County Alternatives for a $3,500.00 allocation be reconsidered and included in the 1976-77 Budget: Ayes: Council Members: DeBell, Duffin, Pate and Goodrich; Noes: Council Members: Childers, Link and Stout. - 3817 Director of Public Works-City Engineer Hansen presented and explained a request for inclusion of an additional full-time Building Inspector within the 1976-77 Budget to be partially financed under the CETA Program, noting that same would be an additional $3,400. to be included in the Budget. Discussion was had in regard to said matter. Motion was made by Councilman DeBell second- ed by Councilman Duffin and carried that the request for the additional full- time Building Inspector in the 1976-77 Budget be approved. - The Mayor asked if there was anyone in the audience wishing to speak for or against the proposed 1976-1977 Budget. There was no comment from anyone in the audience. Motion was made by Councilman Pate seconded by Council- man Duffin and carried that the Public Hearing be closed. City Administrator Wood noted that mileage allowance of .10~ per mile to .15~ per mile was not included in the proposed budget. Council had no objection and concurred with the .15~ per mile for mileage allowance. - Res.#76-30 Resolution No. 76-30 adopting the 1976-1977 Budget was presented. Motion was made by Councilman Pate seconded by Councilman Duffin that the reading of Resolution No. 76-30 be waived and that it be adopted. RESOLUTION NO. 76-30 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING THE BUDGET FOR SAID CITY FOR FISCAL YEAR 1976-1977 AND APPROPRIATING PROPOSED EXPENDITURES FOR PURPOSES SET FORTH IN BUDGET. PASSED AND ADOPTED this 21st day of June, 1976 by the following vote: AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, PATE and GOODRICH. NOES: COUNCIL MEMBERS: CHILDERS, LINK and STOUT. ABSENT: COUNCIL MEMBERS: None r~"'''I1iI Fireworks A request of the Quarterback Club for waiver of the license fee to Booth operate a fire works booth at Gavilan Bank property prior to July 4th was noted. The City Attorney noted that if said license fee were waived by Council that Council policy would have to be changed. Motion was made by Councilman Duffin seconded by Councilman Pate and carried that the request of the Quarterback Club for waiver of the license fee be denied. i.iIIIillirIliI 4-Way Stop A petition from residents on Eighth Street and Revere Place was 8th & presented for a 4-Way Stop Sign Intersection at Eighth Street and Miller. Miller,etc. Avenue and a stop sign on Eighth Street at Orchard Intersection and instal- lation of a 25 mile per hour speed limit sign on Eighth Street. Director of Public Works-City Engineer Hansen pr~gented and ex- plained a report in regard to the subject requests. The following residents addressed the Council in regard to said petition: Mr. Ray Couture, 7196 Revere Place; Mr. Robert Ingham, 880-8th Street; Mr. Ed Souza; Mr. Ronald Smith, 885-8th Street; Mr. H. C. Miller, Miller Avenue; and Mrs. Genevieve Smith, 885-8th Street. The Mayor recommended that the Police Department provide a radar unit in the vicinity of Eighth Street prior to the next regular Council Meeting (particularly during a week-end period) to determine if same would alleviate the problem and that a report be referred to Council in regard to same at the next regul ar Council Meeting of July 6~1 1976. Council concurred. Motion was made by Councilman Childers seconded by Councilman Link and car- ried that a 25 mile per hour speed limit sign be installed on Eighth Street as requested. The residents representing the petition concurred with Council's action at this time. ' Garden Valley A request of Garden Valley Foods for use of a portion of Ninth Foods Street between Monterey Street east to SPRR was noted for plant parking. Mr. Fred Avalli addressed the Council further explain~ng the request of Garden Valley Foods. Council referred same to Staff to attempt to work out a proposal with Mr. Avalli and report back to Council in regard to same. PERS Credit A request of Supervisor Sig Sanchez was noted in regard to PERS . re:Super- Service Credit. Supervisor Sanchez addressed the Council and further ex- visor plained his request noting that he could receive credit for his terms of Sanchez Councilman and Mayor with the City of Gilroy if the City could legally com- 3818 League Bulletin pensate him for this period; further that he would return said compensation back to the City in some form legally allowed and satisfactory to the City. He further noted that Supervisor Calvo previously received $10.00 per meet- ing from a City that he had served on its Council therefore receiving PERS credit for said period. Council referred said request to the City Attorney to investigate this matter. The League of California Cities Legislative Bulletin of June 11, 1976 was noted. Council concurred with the City Administrator's recommenda- tion to oppose Item No. 2 re: Agency Shop, SB 1716. - Personnel Com. The Report of the Personnel Commission Meeting of r1ay 26, 1976 5-26-76 was noted. Uncollectable A Report on Uncollectable Water and Sewer Accounts for 1976-1977 Utility Fiscal Year was noted and discussed. Motion was made by Councilman Pate Accounts seconded by Councilman Stout and carried that Utility Accounts in the amount of $2,522.95 as presented be written off as requested noting that $1,135.00 in deposits covered this write-off. Budget Trans- An annual Reoort requesting transfers to various accounts to fers balance the Expenditure Budget and to Encumber Funds for specific items was noted. Discussion was had on the matter. Motion was made by Council- man Pate seconded by Councilman Duffin and carried that said transfers, amendments and encumbrances as recommended be approved. Gilroy Flood City Administrator Wood reported on the most recent modification Plan of the Gilroy Flood (Insurance) Plan noting a map display of same. Executive Session Hater Conserva- tion Prog. Park Turfs A request for an Executive Session following the regular agenda of June 21, 1976 was noted. Council concurred with said request. ..... City Administrator Wood presented and explained a Reoort on a pro- posed Water Conservation Program for the City. Discussion was had on the matter. Motion was made by Councilman Pate seconded by Councilman Childers and carried that said report be approved with said recommendations to be put into effect immediately noting that it is Council's intent to adoot an emergency ordinance on July 6, 1976 prohibiting local residents from watering gardens between the hours of 8:00 a.m. and 8:00 p.m. and any wasting of water during other hours; to alert local residents of Council's intent requesting cooperation with this order immediately and that warnings be given to any violators with citations to be issued after the effective date of the proposed ordinance. Council discussed the sale of water to persons outside the City Limits. Council concurred with the sale of water to persons outside the City Limits for health reasons only and did not concur with the sale of water to commercial establishments and purposes outside the City. A report on the condition of City Park turfs was noted and dis- cussed. The Mayor requested that the schools be requested to cooperate with the City in regard to conserving water at the various schools. - - Castlewood Pk. Director of Public Works-City Engineer Hansen recommended accept- #9 ance of improvements on Tract #5751, Castlewood Park, Unit #9. Motion was made by Councilman Duffin seconded by Councilman Pate and carried that the improvements on Tract #5751 Castlewood Park, Unit No.9 be accepted as recommended. Ind.Waste- water Facil i ty Director of Public Works-City Engineer Hansen recommended accept- ance of the Industrial Wastewater Facility Improvements, Project 1976. Motion was made by Councilman Pate seconded by Councilman Link and carried that the Industrial Wastewater Facility Improvements, Project 1976 be accepted as recommended. 3819 Director of Public Works-City Engineer Hansen noted that the leakage will be sealed in this improvement after the season is over, within the one (1) Year Maintenance period. . Councilman Stout noted that he had received an anonymous comolaint. He went on record as not answering complaints that are anonymous. Under- ground Util ity Adv. Com. Councilman Duffin, Chairman of the Council Committee for Underground Utility Installation noted that the Committee has met with P.G. & E. Co. Officials and that cost estimates will not be completed from six to eight months. City Administrator Wood presented an invitation from the Santa Clara Valley Water District to a Dinner Meeting on June 29, 1976 as guests of the Corps of Army Engineers. Council Members Link and Pate noted that they would attend said meeting. Gavilan Creek City Administrator Wood reported that the Flood Control District has estimated improvements of Gavilan Creek to be $860,000.00 less barrow material credit that could be used on the Uvas Project. City Barbecue Assistant City Administrator Reinsch noted that the City barbecue has b~en scheduled for August 14, 1976. Adjournment At 11:06 p.m. the Mayor adjourned the meeting to an Executive Ses- sion. At 11:53 p.m. the Mayor reconvened the meeting 'and adjourned to an Executive Session on June 24, 1976 at 4:00 p.m. and further adjourned to an adjourned regular meeting on June 30, 1976 at 4:00 p.m. Respectfully submitted, ~I db~1"~' ~U / City Clerk