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Minutes 1978/09/18 ~#J .~ -. - ,,, ." '" .,......'..~ .~ -~ .\ 4127 Gilroy, California September 18, 1978 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: Brian D. Cunningham, Roberta H. Hughan, John E. Pate, David V. Stout and Norman B. Goodrich. Absent: Council Members: William E. Childers and Marion T. Link. ~<"'.'>:..." Consent Motion was made by Councilman Cunningham seconded by Councilman Calendar Pate that the following items under the Consent Calendar be adopted by the following Roll Call Vote: Ayes: Council Members: Cunningham, Hughan, Pate, Stout and Goodrich; Absent: Council Members: Childers and Link. ...... Minutes Salary Achieve- ment Increases Old City Hall Injury Claim ~,,"'ft - Bids re: New City Ha 11 Site HCD Public Hearing - ..... Approved the Minutes of the Regular Council Meeting of September 5, 1978; Approved the following Salary Achievement Increases for Four (4) City Employees, effective October 1, 1978: Steven Morrow, Police Officer, Range 32.a from Step "A" $1213. to Step "B" $1273.; Frank Munoz, Grounds- keeper I, Range 25 from Step "C" $941. to Step "0" $989.; Dan Renville, Police Officer, Range 32.a from Step "C" $1337. to Step "0" $1405.; and Rick Vasquez, Police Officer, Range 32.5 from Step "A" $1231. to Step "B" $1293.; Approved the following contracts for roof repairs at the Old City Hall Building: Farnsworth Termite Control - $1,995. and Moreno Roofing - $1,670. as recommended; and Denied an Injury Claim of Mr. Paul Neel, dated September 14, 1978. Purchasing Agent Reinsch presented and explained a report and recommendation on bids received September 15, 1978 for Houses and Out- Buildings between Rosanna and Hanna Street and Sixth and Seventh Streets 1) 7320 Hanna Street and 395 Seventh Street - Antonio Gonzalez $7,293.00; 2) 7340 Hanna Street - ABC House Movers $2,000.00; 3) 7331 Rosanna Street (Front House) ABC House Movers - $1,575.00; Balance of houses and structures to be negotiated and sold by Staff with Council final approval of same. Motion was made by Councilman Pate seconded by Councilman Cunning- ham and carried that Staff's recommendation for sale of said houses and out-buildings be accepted and approved. The Mayor stated that it was the time and place scheduled for a Public Hearing (1st) on the proposed Program (1979-82) on Housing and Community Development Block Grant. H.C.D. Grant Coordinator McGowan presented and explained Staff's report on same. 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 Pate seconded by Councilman Cun- ningham and carried that the Public Hearing be closed. Motion was made by Councilman Pate seconded by Councilman Cun- ningham and carried that the areas proposed for designation as HCD Neigh- borhoods and the Citizen Participation Plan be approved as recommended and outlined by Staff. Councilman Stout voted I'no" on the motion. - Grievance Hearing the Gil roy Po 1 ice Off.Assn. The Mayor stated that it was the time and place scheduled for Grievance Hearing of the Police Officers' Association. Personnel Director Reinsch presented and explained Staff's report on same. f"'".'V" - ~........". . , ~ ,,'T .......1"''' -. ... ..., .~. tJ __1....... Jj. .,.._.y 14 l 4128 Police Officer Peter Timewell, President of the Gilroy Police Officers' Association addressed the Council and further explained the grievance requesting some compensation for damage to employee's property while on duty. ... Police Officer Giusiana addressed the Council further explain- ing his claim. i.lt'. Motion was made by Councilman Cunningham seconded by Council- woman Hughan and carried that the hearing be continued to October 2, 1978 Regular Council Meeting in order for Staff to determine the Cities of Campbell and Sunnyvale's compensation plan for damage to employee's pro- perty while on duty, same reported to be in effect at said cities. ~ Closed Hear. The Mayor noted that there would be a Closed Hearing re: the re: R. termination of Mr. Ray Salgado following the regular agenda. Salgado - Leavesley #4 The Mayor noted receipt of a Petition from Lawyer's Title Annex.78-5 (Frank Filippi) requesting annexation of 17.32 acres located on the north side of Gilman Road at South Valley Freeway to be known as IILeavesley #4 Annexation 78-5 to the City of Gilroy" approved by LAFCO September 6, 1978. Res. #78-70 Motion was made by Councilman Pate seconded by Councilman Stout that the reading of Resolution No. 78-70 annexing said property be waived and that it be adopted. RESOLUTION NO. 78-70 A RESOLUTION PROVIDING FOR THE ALTERATION9DF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNA- TED AS "LEAVESLEY NO. 4 ANNEXATION 78-5 TO THE CITY OF GILROY". PASSED AND ADOPTED this 18th day of September, 1978, by the following vote: AYES: COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, PATE, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: CHILDERS and LINK. ~ Res.#78-71 Motion was made by Councilman Pate seconded by Councilman Stout that the reading of Resolution No. 78-71 removing said territory from the Gilroy Rural Fire District be waived and that it be adopted. - RESOLUTION NO. 78-71 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 "LEAVESLEY NO. 4 ANNEXATION 78-5 TO THE CITY OF GILROY". PASSED AND ADOPTED this 18th day of September, 1978, by the following vote: AYES: COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, PATE, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: CHILDERS and LINK. 10th St. Annex. The Mayor noted receipt of a Petition from Roy Uyeno and Eliza- 78-2 beth Steidley (K-Mart) requesting annexation of 16.681 acres located on the south side of Tenth Street between the South Valley Freeway and South Chestnut Street to be known as "Tenth Street Annexation 78-2 to the City of Gil roy" . Res.#78-72 Motion was made by Councilman Stout seconded by Councilwoman Hughan that the reading of Resolution No. 78-72 annexing said territory be waived and that it be adopted. -- ....... RESOLUTION NO. 78-72 A RESOLUTION PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIG- NATED AS "TENTH STREET ANNEXATION 78-2 TO THE CITY OF GILROY". PASSED AND ADOPTED this 18th day of September, 1978, by the following vote: .. AYES: COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, PATE, STOUT and GOODRICH. NOES: COUNC I L MEMBERS: None .... ABSENT: COUNCIL MEMBERS: CHILDERS and LINK. .. ~"''''~'''''. ,. ~.><:.!'~."":",A.".""__.':" ". ..."'._.,..'f.v'.h_._.k........~_ __._. .,.... 4..'_ .1 . ~.", ~ ~. ~, ~.. '.~ ,.r . .....~. ,.- ..- "'..:,......1 4129 Res.#78-73 Motion was made by Councilman Stout seconded by Councilwoman Hughan that the reading of Resolution No. 78-73 removing said territory from the Gilroy Rural Fire District be waived and that it be adopted. lJIIlit>'""*t'!o RESOLUTION NO. 78-73 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY WITHDRAWING FROM THE GIL- ROY RURAL FIRE DISTRICT TERRITORY THEREIN RECENTLY ANNEXED TO THE CITY OF GILROY UNDER THE DESIGNATION "TENTH STREET ANNEXATION 78-2 TO THE CITY OF GILROY". PASSED AND ADOPTED this 18th day of September, 1978, by the following vote: AYES: COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, PATE, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: CHILDERS and LINK. ~., - El Roble Park The Mayor asked if there was anyone in the audience wishing to speak on any matter not on the agenda. Parks and Recreation Director Ayer introduced Mr. Abey, A.I.A. who gave a Progress Report on the Diagrammatic Plan for El Roble Park. Discussion was had on the proposal. Motion was made by Councilwoman Hughan seconded by Councilman Cunningham and carried that the Plan as presented be approved and authori- zation be given to proceed with the Master Plan for El Roble Park. School Cross- Mr. Joe Sadler, resident of Ninth Street addressed the Council walks requesting a marked yellow crosswalk at Ninth and Princevalle Streets. The Mayor continued said matter to the October 2, 1978 regular Council Meeting in order for Staff to make a recommendation on said request. ~ Circus-PAL City Administrator Wood presented and read a letter from the Club PAL's Athletic Organization requesting permission to sponsor the John Strong Circus on October 7, 1978 at the Gilroy Theatre Property on First Street. Motion was made by Councilwoman Hughan seconded by Councilman Pate and carried that said permission be granted subject to compliance with all permits and licenses for same. .... Mr. Darrell Shuck, Glenview Court~ addressed the Council noting that he would be submitting a complaint to the School District in regard to accumulation of garbage and debris adjacent to the new High School. League A letter from the City of San Jose in re: to a meeting of the Meeting Peninsula Division of the League of California Cities was noted and filed. Rent Control A letter from the Golden State Mobilehome Owners' League in re: to Rent Control was noted. Mr. Floyd Bevan, 500 West Tenth Street, President of the League addressed the Council and further explained the problem requesting the City to appoint a Rent Advisory Commission. - Discussion was had on the matter. .... The Mayor requested a copy of the Homeowners' Meeting regard- ing same and the proposed ordinance requested by the Mobilehome Owners' League prior to further consideration of same by Council. jmt'"'.>,~.... So. Zone Flood Control Adv. Com. A request from the Santa Clara Water District for nominations to the South Zone Flood Control Advisory Committee was noted. Motion was made by Councilman Pate seconded by Councilman Cunninqham and carried that Councilman Link Representative; and Alternates: Councilwoman Hughan, David W. Hansen and Michael Dorn be renominated for appointment on the South Zone Flood Control Advisory Committee. - ~....--~ .- .... -'.... ~ ," - 4130 Down- town Mer- chants re: Parking Gilroy High School property 1.... .._..., . ._. ..Ii. ~ I -. A letter from the Downtown Merchants' Association in regard to the need for additional downtown parking was noted. .... Councilman Pate declared himself absent in said matter~ due to an interest in same. ij,A.,,;,;dl' Mr. George Lawton, addressed the Council requesting approval of an additional parking lot for same and enforcement of present downtown limited parking spaces. Councilman Cunningham suggested that a CETA Meter Maid be pro- vided for enforcement of downtown parking spaces. City Administrator Wood noted that he would obtain information in regard to purchasing the property at the northeast corner of Lewis and Monterey Streets for possible inclusion in the present Parking District. .... - An offer of the Gilroy Unified School District to sell the Miller Avenue-Santa Teresa Blvd. High School Property was noted. 5th St. Fire A letter from Mr. John M. Filice, Jr. was noted in regard to Station possible sale of the Fifth Street Fire Station. Mr. Filice addressed the Council and further requested the City to determine the condition of the building and necessary steps to be taken. Downtown Merchants re: 5th St. Fire Sta. It was noted that it would be up to the proposed buyer to deter- mine the condition of said building depending on the proposal for same. A 1 etter from the Downtown Merchants I 'Associ ation was noted re- questing temporary use at Christmas time of the Fifth Street Fire Station. Council requested determination of the condition of said building and if same can be used by the public prior to Council consideration of said re- quest. ....... ....t. Court Conso- A letter from the City of Mountain View recommending cities in- lidation put prior to consolidation of County Courts was noted. Mr. Richard S. Harrison, President of the Gilroy/Morgan Hill Bar Association, represent- ing said association addressed the Council and further explained said re- quest. Motion was made by Councilman Pate seconded by Councilman Stout and carried that the City of Gilroy endorses and supports the City of Mountain View's position on same. So. Co. Water Di s tri ct USA Reclaimed Water League Bulle- tin A letter from the South County Water District was noted request- ing inclusion of benefitting properties into their District at the time of annexation. Motion was made by Councilman Pate seconded by Councilman Cunningham and carried that said matter be tabled to the October 2, 1978 regular Council Meeting in order for the District to provide representa- tion at said meeting. A request of the First Assembly of God was noted requesting the inclusion of a 8.08 acre parcel in the Urban Service Area. Council referred same to the Planning Commission for recommendation. .... The following informational items were noted with no separate discussion on same: - Santa Clara Valley Water District in re: to use of Reclaimed Water System for Fire Protection; League of California Cities Legislative Bulletin #33-1978; and ,.. Las Animas Invitation to the Dedication and Open House for the New Las Fire Sta. Animas Fire Station. IIliiofIt Plan. Com. Report 9-7-78 "'""iII- USA .,,:',....'.'" ..... -.... ~. ," _., .i... 4131 The Report of the Planning Commission Meeting of September 7, 1978 was noted. Acting Planning Director Dorn explained Staff's Report on recom- mendation of the Planning Commission for Urban Service Area request for 1979. Discussion was had on the matter. Motion was made by Councilwoman Hughan seconded by Councilman Pate and not carried that the recommenda- tions of the Plnning Commission be accepted. Motion was made by Council- man Cunningham seconded by Councilman Stout and not carried to accept the Planning Commission's recommendations for Urban Service Area requests and permit further study of the other requests. Motion was made by Councilman Stout seconded by Councilman Cunningham and carried that the matter be deferred for a further study at a Special Meeting of the City Council to be called by the Mayor. The Mayor suggested that a Special Meeting of the Council be held on October 9, 1978. Fire Chief Brittain noted that the Kiwanis Club will be holding their annual meeting honoring past City Council members on said date. The Mayor set a Special Meeting of the Council on Monday, October 23, 1978 at 8:00 p.m. to further study the Urban Service Area requests. Lib.& Cult. Com. The Minutes of the Library and Culture Commission Meeting of Meet. August 1, 1978 were noted. 8-1-78 Monthly Reports Res.#78-74 Motion was made by Councilman Cunningham seconded by Council- woman Hughan that the reading of Resolution No. 78-74 authorizing filing of a Grant Application to the Department of Aging and that it be adopted. ,.:;.",...;.;,. .~ Emp.Vacation carry-over At 10:54 p.m. the Mayor declared a recess and reconvened the meeting at 11:02 p.m. The Summary of Monthly Reports of July 1978 was noted. RESOLUTION NO. 78 - 74 RESOLUTION AUTHORIZING EXECUTION OF A GRANT APPLICATION UNDER TITLE V OF THE OLDER AMERICAN ACT OF 1965 AS AMENDED. PASSED AND ADOPTED this 18th day of September, 1978, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, PATE, STOUT and GOODRICH. COUNCIL MEMBERS: None COUNCIL MEMBERS: CHILDERS and LINK. A request from Police Officer Timewell to carry-over his 1978 vacation to 1979 was noted. Motion was made by Councilman Pate seconded by Councilwoman Hughan and carried that the request be granted. New City Hall City Administrator Wood requested approval of the following Project relocation payments in regard to the New City Hall Project: Reynaldo Estrada, et ux - $3,290.; Steve Bonesio, et ux - $4,450.; Richard Zamar- ron, et ux - $4,300.; Ray Salgado, et ux $3,510. and Elias Salinas, et ux $4,400. Motion was made by Councilman Pate seconded by Councilwoman ___ Hughan and carried that said relocation payments presented be approved. ..... Golf Course Parking Lot A request of a Joint (City & Golf and Country Club) Funding to provide Oil and Screening Paving at the Golf Course Parking Lot was pre- sented for approval. Motion was made by Councilwoman Hughan seconded by Councilman Cunningham and carried that the Golf Course Parking Lot Project be approved as recommended. Councilman Stout voted "no" on the motion. -.. Sr. Craft Store A request for waiver of the business license for the Senior Craft Store was presented. Council denied said request. Councilman Stout noted that he would provide the funds for said matter if necessary. ~)".,..." ~.......~.- " ---- ",' ~, ~~_.\~ 4132 Res.#78-75 Motion was made by Councilman Pate seconded by Councilman Waste- Cunningham that the reading of Resolution No. 78-75 be waived and that water it be adopted authorizing filing of the application for Wastewater Treat.Plant Treatment Plant (Step 3) - Construction. IF ,~.'f!t' RESOLUTION NO. 78-75 RESOLUTION AUTHORIZING FILING APPLICATION FOR FEDERAL AND STATE GRANTS FOR PUBLICLY OWNED WASTEWATER TREATMENT WORKS AND PROVIDING CERTAIN ASSURANCES. PASSED AND ADOPTED this 18th day of September, 1978, by the fOllowing vote: AYES: NOES: ABSENT: .... COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, PATE, STOUT and GOODRICH. COUNCIL MEMBERS: None COUNCIL MEMBERS: CHILDERS and LINK. /Ilull1 Reclaimed A report on cost estimate for conversion of the Golf Course Water Irrigation System to reclaimed water was presented noting that said Project be expended one-half (~) from the Sewer Fund and one-half (~) from the Water Fund. It was further noted by Staff that said labor for the project would be completed by the Departments of Public Works and Parks and Recreation. Motion was made by Councilman Pate seconded by Councilwoman Hughan and carried that said project be approved as recom- mended by Staff. Res. #78-76 Motion was made by Councilman Pate seconded by Councilman Stout that the reading of Resolution No. 78-76 be waived and that it be adopted authorizing labor costs for said project to be from City Forces, without bidding on said project. Council requested that labor costs be maintained for said project. RESOLUTION NO. 78-76 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DECLARING THAT CITY SHALL COMPLETE A CONNECTION FROM THE GILROY WASTEWATER RECLAMATION SYSTEM TO THE GILROY GOLF COURSE IRRIGATION SYSTEM BY USING CITY DAY LABOR AND OPEN MARKET PURCHASING WITHOUT BIDDING. PASSED AND ADOPTED this 18th day of September, 1978, by the following vote: AYES: NOES: ABSENT: ...... ..... COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, PATE, STOUT and GOODRICH. COUNCIL MEMBERS: None COUNCIL MEMBERS: CHILDERS and LINK. Consolidation- A request to re-open the feasibility study for consolidation City & of the Gilroy City and Rural Fire Department was noted. Councilman Stout Rural Fire noted that he would object to the Gilroy City Fire Department serving Dept. territory out-side of the City Limits. Motion was made by Councilman Pate seconded by Councilman Cun- ningham and carried that the feasibility study for the proposed consoli- dation be approved. League Conf. The Mayor noted the Annual League of California Cities Annual Conference in Anaheim on September 24th-16, 1978. Adjournment At 11: 11 p.m. the Mayor adjourned the meeting to actlosed Hear- ing in regard to the termination of Mr. Ray Salgado. .... At 11:30 p.m. the Mayor reconvened the meeting and noted that said hearing would be continued fOllowing the regular agenda of October ~ 16, 1978 requested by the Local Union Representative for Mr. Salgado. The Meeting was adjourned. Respectfully submitted, - ......