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Minutes 1976/07/19 Roll Call f."-"~~ ...., Bicentennial Fl ags Consent Calendar -.... Minutes 3825 Gilroy, California July 19, 1976 The Regular Meeting of the Gilroy City Council was called to orrler by His Honor Mayor Norman B. Goodrich at 8:04 p.m. Present: Council Members: George T. Duffin, Marion T. Link, John E. Pate, David V. Stout and Norman B. Goodrich. Absent: Council Members: William E. Childers and Dennis L. DeBell. Mrs. Elaine Balke, representing the Gilroy Senior Citizens' addres- sed the Council and explained the purpose of a newly formed Bowling League organized by the Senior Citizens' for the Bicentennial Program. Mrs. Balke presented a flag to Mr. Ed Parr, Optimist Club, for collecting the most donations for their project, noting that one-half (~) of the proceeds went toward the Old City Hall restoration project and one-half (~) toward their bowling shirts. Councilman DeBell entered and took his seat at the Council table at 8:05 p.m. Mrs. Balke presented a knitted flag to Mrs. Angie Caldera, winner of the Bicentennial flag made by Mrs. Balke on behalf of the Senior Citizens' Bowling League. Mrs. Balke presented a larger knitted flag that she made to the Mayor also from the Senior Citizens' Bowling League. Motion was made by Councilman Duffin seconded by Councilman Pate that the following items under the Consent Calendar be adopted by the fol- lowing Roll Call Vote: (Councilman Childers entered and took his seat at the Council table at 8:14 p.m.) It was noted that a "yes" vote under the Consent Calendar would indicate denial of Item "E", Damage Claim of Mr. C. Gutierrez and as recommended by the City Administrator. Ayes: Council Members: Childers, DeBell, Duffin, Link, Pate, Stout and Goodrich; Noes: Council Members: None: Absent: Council Members: None. Approved the Minutes of the June 30, 1976 Regular Adjourned Council Meeting and July 6, 1976 Regular Council Meeting; Approved the Minutes of the July 7, 1976 Regular Adjourned Council Meeting; Salary Merit Approved the following Salary Merit Step Increases for eleven (11) Step Increases City Employees: Roger Aguire, Police Officer, Range 32 from Step "A" $1046. to Step "B" $1099; Bruce Clem, Groundskeeper I, Range 25 from Step "B" $782. to Step "C" $819.; Miguel Gaeta and Muro Lugo, Groundskeepers I, Range 25 from Step "C" $819. to Step liD" $861.; David Codiga and Louis Scettrini, Public Works Maintenance I, Range 25 from Step "A" $743. to Step liB" $782.; Raul Rivas, Public Works Maintenance I, Range 25 from Step "B" $782. to Step "C" $819.; Rudy Valdez, Public Works Maint~nance I, Range 25 from Step "C" $819. to Step "D" $861.; Carmen Medrano, Cl erk Typi st I, Range 22.5 from Step "B" $694. to Step "C" $728.; Raymond Salgado, Equipment Servi ce Person, Range 25, from Step "C" $819. to Step "D" $861.; and Leana Vogel, Personnel Clerk, Range 22.5 from Step "C" $728. to Step "D" $762. '~ij; _.<OJ Pub.Hear.re: Howa rd Re- zoning The Mayor stated that it was the time and place scheduled for a Public Hearing on a request of Loring W. Howard to rezone from C-1 (Neigh- borhood Commercial) to H-C (Highway Commercial) District located at 8897 Monterey Street. Director of Public Works-City Engineer Hansen explained the pro- posed rezoning and recommendation of the Planning Commission to rezone same. Mr. William K. Henry, Civil Engineer, representing Mr. Howard ad- dressed the Council and further explained the proposal. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposed rezoning. There was no comment from any- one in the audience. 3826 Motion was made by Councilman Link seconded by Councilman Childers and carried that the Public Hearing be closed. A proposed ordinance rezoning said property was presented. Motion was made by Councilman Duffin seconded by Councilman Link and carried that the reading of the ordinance be waived and that it be introduced and pub- lished by title and summary. Pub.Hear.re: The Mayor stated that it was the time and place scheduled for a Pub- Vacation lic Hearing on Intention to Vacate the Emergency Access Easement between El of Emer- Dorado Drive and Calabrese Way in the City. gency Ac- cess Ease- ment - Director of Public Works-City Engineer Hansen explained the pro- posed abandonment of said (emergency access easement. 'If''<!H The Mayor asked if there was anyone 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 Duffin seconded by Councilman Childers and carried that the Public Hearing be closed. Discussion was had on the matter by Council. Res.#76-35 Motion was made by Councilman Stout seconded by Councilman Childers that the reading of Resolution No. 76-35 be waived and that M be adopted. RESOLUTION NO. 76-35 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ORDERING VACATION OF THE EMERGENCY ACCESS EASEMENT BETWEEN EL DORADO DRIVE AND CALABRESE WAY IN THE CITY OF GILROY. PASSED AND ADOPTED this 19th day of July, 1976, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, DeBELL, DUFFIN, LINK, PATE,STOUT and GOODRICH. NOES: :COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ... - Pacheco Pass Receipt of a Petition from Lorraine and Albine F. Todd for annexa- Annex.76-2 tion of uninhabited territory to be known as "Pacheco Pass Annexation 76-2 to the City of Gilroy" was noted. City Administrator Wood explained the loca- tion of the proposed annexation. The City Attorney presented a proposed ordinance annexing said territory to the City. Ord.#76-11 Motion was made by Councilman Pate seconded by Councilman Stout that the reading of Ordinance No. 76-11 be waived and that it be adopted. ORDINANCE NO. 76-11 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "PACHECO PASS ANNEXATION. 76-2 TO THE CITY OF GILROY" IN AND AS A PART OF SUCH MUNICIPALITY FOR THE GOVERNMENT AND MUNICIPAL CONTROL THEREOF. PASSED AND ADOPTED this 19th day of July, 1976, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, DeBELL, DUFFIN, LINK, PATE, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Recycling Oil Ms. Marilyn Eklund, Gilroy A.A.U.W. addressed the Council in re- gard to a recycl ing oil program by ROAR organization, noting that several local businesses have agreed to use their places of business as a holding station for used crank case oil to be recycled. ... - Sewer Treat. Mr. Ted Way, representing Consoer Townsend, addressed the Council Plant Ap. and gave a status report on the Domestic Sewer Treatment Plant application prepared by his firm. He noted that bid opening is scheduled for approxi- mately January 1978 and construction estimated to be one to one and one-half (1-1~) years. Discussion was had by Council on the matter. The City Admini- strator's Reportton the Seweraqe Treatment Pl ant E. 1. R. was noted. The Mayor asked if there was anyone in the audience wishing to Natl.Guard use of water dur- ing con- servation period ~'" ...... Industrial Director Carnival Permit Pl an. Com. Report 7-15-76 ~"".<< 3827 speak on any matter not on the agenda. Sergeant Ken Davis, representing the local California National Guard addressed the Council requesting permission to use water outdoors transported from San Jose between the hours of 8:00 a.m. and 8:00 p.m. in connection with their once a month drill for cleaning equipment, etc. Discussion was had by Council. Motion was made by Councilman Stout seconded by Councilman Link and carried that the California National Guard local unit be granted permission to use transported water during their monthly drill between the hours of 8:00 a.m. and 8:00 p.m. with the stipulation that conservation methods be used if possible. Councilman Pate voted "no" on the motion. A letter from the Gilroy Chamber of Commerce's Industrial Committee was presented in regard to a full-time Industrial Director, noting that said letter had been submitted at the July 6, 1976 Council Meeting and no action taken at that time. City Administrator Wood reported that the Committee has met on the matter. A letter from Mr. K. DeFranco, requesting a Carnival Permit to raise funds for Muscular Dystrophy Drive. Discussion was had on the matter. Motion was made by Councilman Pate seconded by Councilman Link and carried that per- mission be granted for said event subject to Staff's approval of the operation and that no houses are located on said street. Council requested that said event not be classified as a carnival to avoid a license fee for same. The Report of the Planning Commission Meeting of July 15, 1976 was noted. City Administrator Wood explained the proposal of the Mar Ranch Corp. for a residential cluster development in the County between Burchell and Day Roads containing 755 acres. Discussion was had on the matter. Motion was made by Councilman Duffin seconded by Councilman Childers and carried that Council support the Planning Commission's action to opoose the proposal as recommended and that the County be informed of the City's recommendation on same. Personnel Com. The Report of the Personnel Commission Meeting of June 23, 1976 was 6-23-76 noted. Res.#76-36 City Administrator Wood noted a request for approval of a revised and updated emergency operations plan and repealing previous resolution. Motion was made by Councilman Duffin seconded by Councilman Childers that the read- ing of Resolution No. 76-36 be waived and that it be adopted. RESOLUTION NO. 76-36 RESOLUTION APPROVING AND ADOPTING A REVISED AND UPDATED EMERGENCY OPERATIONS PLAN AND REPEALING RESOLUTION NO. 1157. PASSED AND ADOPTED this 19th day of July, 1976, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, DeBELL, DUFFIN, LINK, PATE, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Meet & Confer City Administrator Wood presented and explained a Report on "Meet settlements and Confer" Settlements. Motion was made by Councilman Link seconded by Councilman Childers and carried that the City's final offer as noted in the Memorandum of Under- standing with the Supervisors' Unit be approved as presented. Motion was made by Councilman Stout seconded by Councilman Duffin and carried that the final offer to the Fire Association Unit as specifically presented for a three (3) year period be approved. Council noted that it was their intent that $10,000.00 Life Insurance benefit was the maximum offered the Management Bargaining Unit. Motion was made by Councilman Link seconded by Councilman Stout and carried that the Management Bargaining Group offer be on a one (1) year basis as previously approved. Councilman Duffin voted "no" on the motion notinq that it was his opinion that same had been offered on a three (3) year basis. 3828 Res.#76-37 The Report enacting Salaries granted employees for the 1976-77 fiscal year was noted. Motion was made by Councilman Pate seconded by Councilman Link that the reading of Resolution No. 76-37 be waived and that it be adopted to be effective July 1, 1976. RESOLUTION NO. 76-37 A RESOLUTION OF THE CITY OF GILROY ALLOCATING THE VARIOUS EMPLOYEE CLASSIFI- CATIONS IN THE CITY SERVICE TO APPROPRIATE RANGES. PASSED AND ADOPTED this 19th day of July, 1976, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, DeBELL, DUFFIN, LINK, PATE, STOUT and GOODRICH. NOES: (:COUNC I L MEMBERS: None ABSENT: COUNCIL MEMBERS: None ...- Personnel Director Reinsch presented a report on fringe benefits to be included in the Personnel Rules and Regulations to be adopted at a later date. Council discussed and approved same with corrections noted. Ord.#76-12 An ordinance repealing Chapter 17, Sections 17.2 and 17.3 of the City Code regarding Personnel "Overtime" and ilLegal Holidaysll was presented. Motion was made by Councilman Stout seconded by Councilman Childers that the reading of emergency Ordinance No. 76-12 be waived and that it be adopted. ORDINANCE NO. 76-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY REPEALING SECIONS 17.2 AND 17.3 OF THE GILROY CITY CODE. PASSED, ADOPTED AND INTRODUCED AS AN EMERGENCY MEASURE on the 19th day of July, 1976, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, DeBELL, DUFFIN, LINK, PATE, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Fire Dept. The 1976 Annual Report of the Gilroy Fire Deoartment was noted and Annual Re- discussed. port Sr. Citizens' A request for a Budget amendment in the amount of $185.00 for the Budget Gilroy Senior Citizens' Center and $3,000.00 for the Filipino Senior Citi- zens' Center regarding the Senior Citizens' Unspent Funds in the Community Block Grant was presented. Motion was made by Councilman Pate seconded by Councilman Childers and carried that the Budget Amendment be aooroved as presented. ..... ~ Res.#76-38 City Administrator Wood presented a Resolution adopting a Conflict Conflict of of Interest Code. The City Attorney explained same. Motion was made by Interest Councilman Pate seconded by Councilman Link that the reading of Resolution Code No. 76-38 be waived and that it be adopted. RESOLUTION NO. 76-38 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING A CONFLICT OF INTEREST CODE APPLICABLE TO THE MEMBERS OF THE CITY COUNCIL PURSUANT TO THE POLITICAL REFORM ACT OF 1974. PASSED AND ADOPTED this 19th day of July, 1976, by the fOllowing vote: AYES: COUNCIL MEMBERS: CHILDERS, DeBELL, DUFFIN, LINK, PATE, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None - ... Res.#76-39 Old City Hall Grant Ap. City Administrator Wood presented a Resolution on a Historic Preser- vation Grant for $80,000.00 for the Old City Hall. This Grant with matching City Funds would amount to $160,000.00. Motion was made by Councilman Pate seconded by Councilman Childers that the reading of Resolution No. 76-39 be waived and that it be adopted. RESOLUTION NO. 76-39 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING THE APPLICA- TION AND THE PROJECT AGREEMENT FOR HISTORIC PRESERVATION GRANTS-IN-AID FUNDS 3829 FOR GILROY OLD CITY HALL PROJECT. PASSED AND ADOPTED this 19th day of July, 1976, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, DeBELL, PATE and GOODRICH. NOES: COUNCIL MEMBERS: DUFFIN, LINK and STOUT. ABSENT: COUNCIL MEMBERS: None Gavilan College re:Emer- a Report gency Supply. Water Use Director of Public Works-City Engineer Hansen presented and explained on requested action to provide Gavilan College with an Emergency Water Mr. Don Spillman, representing the College noted that it was their intent to install a permanent 12" pipe line to be used only in case of an emergency and for the City to use if necessary. He further noted that if they use City water that they will abide by the City's present water conservation regulations. Discussion was had by Council on the matter. Motion was made by Councilman Pate seconded by Councilman Link and carried that Staff be authorized to work with Gavilan College to install an emergency water line at said location for emergency use of City water at the City's specifications with the stipulation that the College be required to abide by the City.s water conservation regulations and that said system be monitored. Councilman DeBell requested that the proper tees, etc. be installed for easy access to said line if needed by the City. Director of Public Works- City Engineer Hansen assured that same would be done. Well No. 1 Director of Public Works-City Engineer Hansen presented and explained a Report on an order of a new pump, motor, and controls for Well #1. Motion was made by Councilman Stout seconded by Councilman Childers and carried that the order be approved as presented. Water Usage Director of Public Works-City Engineer Hansen presented and explained a Report on water usage. PERS Credit City Administrator Wood noted that Supervisor Sanchez has requested re:Supervi- that the report regarding PERS Credit be tabled to the August 16, 1976 Regular sor Sanchez Council Meeting. Council concurred. Madonna Dev. Director of Public Works-City Engineer Hansen presented and exolained Co. a report on a request for a lot split in Madonna Development Company. Discus- sion was had on the matter. Motion was made by Councilman Link seconded by .:~ Councilman Childers and carried that the lot split as requested by Madonna Develol .~ ~ment Company and recommended by the Planning Commission be approved. ~'$(P' City barbecue Assistant City Administrator Reinsch reported that the City barbecue date of August 14, 1976 had been changed to August 21, 1976. Council had no objection to same. Adjournment At 10:45 p.m. the Mayor adjourned the meeting. Respectfully submitted, /