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Minutes 1979/04/16 4206 Roll Call Certificate of Service Consent Calendar Minutes Salary Increases April 16, 1979 Gilroy, California The Regular Meeting of the Gilroy City Counci~ was called to order by His Honor r-1ayor Norman B. Goodrich at 8:03 p.m.ll Present: Council Members: Roberta H. Hughan, Marion T. Link, JohnE. Pate, David V. Stout and Norman B. Goodrich. Absent: Council Members: William E. Childers and Brian D. Cunningham. The Mayor tabled presentations of a certificate retired Parks and Recreation Commission Frank Gonzales presence. of service to to await his .'~~ .- Motion was made by Councilman Link seconded by Councilman Pate that the following items under the Consent Calendar be adopted by the following Roll Call Vote: Ayes: Council Members: Hughan, Link, Pate, Stout and Goodrich. Absent: Council Members: Childers and Cunningham. Approved the Minutes of the Regular Council Meeting of April 2, 1979; Approved the following Salary Achievement Increases for seven (7) city employees, effective May 1, 1979: Judy Rogers, Computer Operator, Range 26.5 from Step B, $966 to Step C, $1014; Linda Per- ruccio and Jacqueline Rodriquez, Police Cadets, Range 21 from Step A, $4.12jhr. to Step B, $4.31jhr; Barbara Hagins, Personnel Clerk, Range 25 from Step A, $853 to Step B, $899; Rick Brandini, Park Arborist, Range 29.5 from Step A, $1,064 to Step B, $1,118; Phlis Reese, Clerk Typist Aide, Range 20.5 from Step A, $693 to Step B, $728; and Bill Deiber, Auto Mechanic I, Range 26.5 from Step A, $920 to step B, $966; and one (1) city employee, effective retroac- tive to February 1, 1979, Lupe Perez, Public Works Maintenance I, Range 25 from Step D, $989 to Step E, $1038; - - Res. #79-28 re: 5th st. Fire Deed Stn. Prop. pub. Hear. re: Prezoning of Sewer Farm Property Injury Claim M. Filadoro Adopted Resolution No. 79-28 authorizing execution of a Grant for the Fire Station property located at 55 Fifth Street. RESOLUTION NO. 79-28 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AUTHORIZING THE EXECUTION OF A GRANT DEED. PASSED AND ADOPTED this 16th day of April, 1979, by the following vote: AYES: COUNCIL MEMBERS: HUGHAN, LINK, PATE, STOUT and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: OOUNCIL MEMBERS: CHILDERS and CUNNINGHAM; Set May 7, 1979, as a public hearing on a proposal initiated by the Planning Commission to prezone two (2) parcels of land con- taining approximately 54.321 acres from A-20 (County Agricultural) Zone to M-2 (General Industrial) District belonging to the City of Gilroy (Sewer Farm Property) ; Denied an injury claim of Mary Filadoro; Def. Dev.Agrees. Approved the following Deferred Development Agreements: Charles Mulch & Filice Mulch, Jr., and Filice Estate Vineyards, Parcel 808-08-003; and Est. Vyds. Bid Openings Pub.Wks. Projects Bids re: Lewis st. & Murray Ave. Imps. fIIl"i"'-.._~. i' - re: Extended bid openings for the following Projects to May 16, 1979, at 2:00 p.m. and 2:30 p.m., respectively: Maintenance-Resurfacing Project 1979-6 and Thermo Plastic Pavement Markings, Project 1979-5. Director of Public Works-City Engineer Hansen presented and explained a report on bids received April 12, 1979, for improvement of Lewis Street between Chestnut Street and Rogers Lane and the improve- ment of Murray Avenue at San Ysidro Park. - - .J 01 4207 iIllj."",,wl It was noted that all property owners with the exception of one have signed or noted their intent to sign an agreement for said improvements and recommended that a public hearing be established in the event 100% of the property owners do not sign said agreement in order to place a lien upon their property. - Motion was made by Councilman Link seconded by Councilwoman Hughan and carried that the bid of Leo F. Piazza Paving Company, San Jose, in the amount of $140,767.50 be awarded for both projects conditioned upon setting a public hearing date of May 7, 1979, to hear a report of the Director of Public Works of the cost of the construction of sidewalk and/or curbs and gutters in order to place a lien upon the properties if necessary. .... pub. Hear. re: HCD Funds The Mayor stated that it was the time and place scheduled for a public hearing on a request for a transfer of HCD Funds. HCD Grant Coordinator McGowan presented and explained Staff's report regarding same, noting that $20,000 is requested to be transferred from the Northside Interim Drainage Channel to the Sewer Trunk Line Project. 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. Res. #79-29 Motion was made by Councilman Pate seconded by Councilman Link and carried that the public hearing be closed. Motion was made by Councilman Stout seconded by Councilman Pate that the reading of Resolution No. 79-29 be waived and that it be adopted. RESOLUTION NO. 79-29 .''''''"Ii RESOLUTION OF THE CITY COUNCIL OF THE CITY 'OF GILROY AUTHROIZING AMEND- MENT OF THE CITY'S FOURTH YEAR HOUSING AND COMMUNITY DEVELOPMENT PROGRAM AND BUDGET. PASSED AND ADOPTED this 16th day of April, 1979, by the following vote: AYES: COUNCIL MEMBERS: HUGHAN, LINK, PATE, STOUT and GOODRICH NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: CHILDERS and CUNNINGHAM. - Hearing re: Sub- The Mayor stated that it was the time and place scheduled on Cont. for a protest of Valley Crest Landscaping regarding an amendment to the Sewer Treat. General Contractor's bid listing of subcontractors. Plant Proj. The Mayor asked if there was anyone in the audience wishing to speak for or against the General Contractor's amended bid. Mr. Richard Rolla, Vice President of Dan Caputo Company, General Contractor for said project, addressed the Council noting that Valley Crest Landscaping had been listed as the subcontractor for the landscaping portion of the contract in error, noting that Hollroch Development, Inc., was the correct subcontractor. The Mayor asked if there was anyone further wishing to speak in regard to the protest. - Mr. Lawrence McGarrick, representing Valley Crest Landscaping, addressed the Council protesting tl1e change noting that this would damage the bidding process. .... The Mayor asked if there was anyone further wishing to speak in regard to the matter. Mr. Manuel Rocha, representing Hollroch Development, Inc., addressed the Council noting that his company had bid the landscaping portion of the project in good faith. '..~ The Mayor asked if there was anyone wishing to speak on the matter. There was no co~ent from anyone in the audience. (~ Motion was made by Councilman Stout seconded by Councilman Link and carried tl1at Dan Caputo Company, General Contractor, be allowed to amend their original bid to award the landscaping portion of the Sewer Treatment Plant Project to Hollroch Development, Inc. , !' 4208 West Coast Linen re: Murray Ave. Imp. Parking re: Calif. Can- ners & Growers u.s. Dept. of Labor vs.City of San Fer- nando Renz Rezoning St. Mary's Mothers' Guild re: Carnival Permit Mr. E. H. Duerr, A.I.A., introduced Mr. Bob Saks, attorney representing West Coast Linen, who explained that the improvements at the existing site on Murray Avenue of West Coast Linen will en- croach on five (5) feet of the City's fifteen (15) foot right of way and requested that they be allowed to complete construction of the sidewalk at said location to conform to the existing sidewalk. - - Discussion was had by Council in regard to requiring elimina- ting the sidewalk vs. landscaping at said location. Motion was made by Councilman Link seconded by Councilman Pate and carried that an encroachment permit be granted West Coast Linen for improvements within the City's fifteen (15) foot right of way with the condition that sidewalks be constructed to conform with the existing sidewalk in the area, thus eliminating the landscaping originally proposed. Councilman Stout voted "noli on the motion. - .... The Mayor asked if there was anyone to speak on any matter not on the agenda. anyone in the audience. in the audience wishing There was no comment from A letter from Local No. 679 in regard to Cannery Parking was noted, same being re-agendized from April 2, 1979, regular Council Meeting. Mr. Ernest Avila, President of the Teamsters' Union Local 679, addressed the Council noting that the present union contract does not require the Cannery to provide parking for their employees; however, that provisions for same in the new contract are being negotiated. Mr. Avila presented a petition containing two hundred (200) signatures of employees and local citizens requesting that no time limit be placed upon the Public Parking lot abutting the north line of Lewis Street and the west line of the S.P.R.R. Mr. Tom Filice, Plant Manager of California Canners & Growers, addressed the Council noting that the Cannery officials are attempting to provide parking for their employees. ...... - Mr. Jim Henry, Secretary-Treasurer of Local 679, San Jose, addressed the Council requesting that if a time limit is enforced on said Public Parking lot that same not be established for the night shif t . Motion was made by Councilman stout seconded by Councilman Link and carried that no time limit be placed on the public Parking Lot adjacent to the Cannery through the end of 1979. A letter from the City of San Fernando re: Ray Marshall, Secretary of Labor, U. S. Department of Labor vs. City of San Fer- nando law suit was noted. The City Attorney advised the Council to table action on same until he determines from the Attorney's Review Board if they have a recommendation on same. Council concurred. A letter from Don W. Renz was noted in regard to a rezoning request for five (5) acres of Hadley Property on Rogers Lane. It was noted by Staff that the Planning Commission had denied the rezoning July 6, 1978, and that ordinance requires any further applications for rezoning of said property not be allowed for one (1) year from denial of same. -- - Mr. Don W. Renz addressed the Council further explaining his rezoning request. It was noted by Staff that one (1) year from July 6, 1978, revision of the General plan is expected to be completed. - The annual request of the St. Mary's Mother's Guild to sponsor the Butler Amusement Carnival 'July 26-29, 1979, was noted. Motion was made by Councilman Link seconded by Councilman Pate and carried that the request be granted as requested. - 4209 League of Calif. The League of California Cities Legislative Bulletin #14-1979 Cities was noted. Council agreed to follow Council's usual procedure concurring Bulletin with the League's recommendation on said proposed bills. ~"""' Library re: Food Stamp Program ..... ...... Fed. & State Grant Docu- ments Filice Est. Vineyards ""h~ - ABAG re: Gen. Plan Plan.Com.Meet. 4/5/79 ..... A letter from Barbara Campbell, Santa Clara County Librarian, was noted in regard to a new service program. Ms. Campbell addressed the Council and further explained the program noting that it was the Library's intent to provide for the distribution of food stamps at the Gilroy Library and that same would be discontinued if it interfered with the Library's operations. Discussion was had by Council on the matter. ~otion was made by Councilwoman Hughan seconded by Councilman stout and carried that City does not support the Library's new service program presented. cilman Pate voted "no" on the motion. the Coun- Motion was made by Councilwoman Hughan seconded by Councilman Stout and carried that Cecil Reinsch be designated as the City Official to execute Federal and state Grant Documents in the City Administrator's absence as recommended. A letter from Filice Estate Vineyards was noted requesting an exception to the Interim Growth Management Policy for the street improve- ments to allow completion of a street intersecting Wren Avenue which is proposed for a future Tentative Map. Mr. Tim Filice, representing Filice Estate Vineyards addressed the Council and further explained said proposal noting that they would agreet to defer any construction and would not request a build-out schedule for said property. Motion was made by Councilwoman Hughan seconded by Councilman Link that Filice Estate Vineyards be allowed to submit a Tentative Map with no build-out schedule request. Council Members Stout and Goodrich voted "no" on the motion. The motion failed for lack of a majority vote. It was noted that the request would have to be re-agendized and action taken on same when a sufficient number of Council members are present. A letter from ABAG in regard to the General Plan was noted with no separate discussion on same. The Report of the Planning Commission Meeting of April 5, 1979, was noted. Discussion was had on the recommendation to approve modifications of Mira Loma Planned Unit Development. Planning Director Dorn explained the modifications. Mr. L. Garrettson, A.I.A., addressed the Council and further explained the modifications requested. Mr. Tim Filice, representing the applicant, addressed the Council and noted that they would concur with elimination of the gazebo building. Motion was made by Councilwoman Hughan seconded by Councilman Stout and carried that the modifications recommended for Mira Loma Planned Unit Development be approved with the condition that the proposed gazebo building be eliminated. I , -- Res. #79-30 re: City Administrator Wood requested authorization to file a grant Downtown Imp. application for the Downtown Improvement Programs presented. Prog. ;~' >Ill - He further recommended that the City not proceed with purchase of the Monterey and Lewis Street property for downtown parking at this time during negotiations for sale of said property. Motion was made by Councilwoman Hughan seconded by Councilman Link that the reading of Resolution No. 79-30 be waived and that it be adopted. 4210 Res. #79-31 re: Local Eco- nomic Dev. 79-84 Cap. Program Jt. Plan.Com./ Council re: Gen. Plan Res. #79-32 Mortg age Assistance Summer School Dev. Agree. Tr. 6121- Citation Builders P & R Com. RESOLUTION NO. 79-30 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING FILING OF AN APPLICATION FOR A GRANT FROM THE FARMER'S HOME ADMINIS- TRATION FOR DOWNTOWN PARKING AND IMPROVEMENTS, FOR FISCAL YEAR 1979-80. PASSED AND ADOPTED THIS 16th day of April, 1979, by the following vote: AYES: COUNCIL MEMBERS: HUGHAN, LINK, PATE, and GOODRICH NOES: COUNCIL MEMBER: STOUT ABSENT: COUNCIL MEMBERS: CHILDERS and CUNNINGHAM - City Administrator Wood presented and explained a resolution to obtain State Department of Local Economic Development Assistance. Motion was made by Councilman Link seconded by Councilman Pate that the reading of Resolution No. 79-31 be waived and that it be adopted. ... .... RESOLUTION NO. 79-31 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REQUESTING ASSISTANCE FROM THE OFFICE OF LOcAL ECONOMIC DEVELOPMENT IN STRENGTHENING GILROY'S INDUSTRIAL BASE. PASSED AND ADOPTED this 16th day of April, 1979, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: HUGHAN, LINK, PATE, STOUT and GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBERS: CHILDERS and CUNNINGHAM Imp. City Administrator Wood presented the 1979-1984 Capital Improvement Program and requested a Study Session for same. Council set April 23, 1979, at 8:00 p.m. for said Study Session requested. Staff requested that a Joint Planning Commission/Council Study Session on the General Plan Revisions be set. Council set April 26, 1979, at 2:00 p.m. and requested that Council Members Childers and Cunningham be advised of said Study Session. ... re: A request for authorization to file an application for Mort- gage Assistance Designation under California Housing Finance Agency's 1979-80 Home Ownership and Home Improvement Loan Program was presented. HCD Grant Coordinator McGowan further explained the program. - Motion was made by Councilman Link seconded by Councilman Pate that Resolution No. 79-32 be adopted as revised, specifically to omit the words "to assist" and change same to "to encourage" and omit the words "in obtaining" and change same to "to obtain." RESOLUTION NO. 79-32 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DESIGNATING THE CITY OF GILROY FOR MORTGAGE ASSISTANCE UNDER THE HOME OWNERSHIP AND HOME IMPROVEMENT PROGRAM OF THE CALIFORNIA HOUSING FINANCE AGENCY. PASSED AND ADOPTED this 16th day of April, 1979, by the following vote: AYES: COUNCIL MEMBERS: HUGHAN, LINK, PATE, STOUT and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: CHILDERS and CUNNINGHAM A report on Summer School Enrichment Program in cooperation with the School District was presented. Motion was made by Councilman Link seconded by Councilwoman Hughan and carried that the Summer School __ Enrichment Program be approved, as presented. --"'Hli/iIi re: Director of Public Works-City Engineer Hansen presented a Development Agreement of MacKay & Somps (Citation Builders) for Tract #6121 recommending approval of same. Motion was made by Councilman Link seconded by Councilman Pate and carried that the Development Agree- ment of MacKay & Somps for Tract #6121 be approved as recommended. ... The Mayor recommended Connie Rogers as Parks and Recreation Commissioner to fill the unexpired term (1-1-82) of retired Commis- sioner, Frank Gonzales. ...... Motion was made by Councilman Link seconded by Councilman Pate ""-.,,,, Res. #79-23 Jt. Powers Agree. with Morgan Hill ~,:,;' '"' ........ Council Adv. Sidewalk/St. Tree Maint. Committee Water Reclam. Project Golf Course ~"~ - Sewer Treat. PI. Proj. Res. #79-34 - Council Chambers Equip. Mayors' & Councils' Leg .Conf. Adjournment ..... - 4211 and carried that Connie Rogers be appointed as Parks and Recreation Commissioner (1-1-82), as recommended. re: City Administrator Wood presented and noted changes in the revised Joint Powers Agreement with Morgan Hill as recommended by the Council Sewer Advisory Committee and agreed upon by the City of Morgan Hill at a Committee Meeting of April 16, 1979. Motion was made by Councilman Link seconded by Councilman Stout that the reading of Resolution No. 79-33 be waived and that it be adopted authorizing execution of the Joint Powers Agreement with the City of Morgan Hill as recommended. RESOLUTION NO. 79-33 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING THE EXECUTION OF A JOINT POWERS AGREEt1ENT WITH THE CITY OF MORGAN HILL DATED APRIL 18, 1979. PASSED AND ADOPTED this 16th day of April, 1979, by the following vote: AYES: COUNCIL MEMBERS: HUGHAN, LINK, PATE, STOUT and GOODRICH NOES: COUNC IL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: CHILDERS and CUNNINGHAM Councilwoman Hughan noted that the Council Advisory Committee for the Sidewalk/Street Tree Maintenance Policy will meet in the afternoons of April 23, 1979, and April 30, 1979. City Administrator Wood requested a meeting with the Water Reclama- tion Project Officials and a Planning Commission representative on April 19, 1979, at 3:00 p.m. Council concurred. Ctiy Administrator Wood requested a Council Golf Course Advisory Committee meeting the the Operator's accountant on April 25, 1979, at 3:00 p.m. and with the Golf Course Committee at 5:00 p.m. Council re- quested that the meeting with the Operator's accountant be set for 2:00 p.m. on April 25, 1979, and at 3:00 p.m. with the Golf Course Committee. Director of Public Works-City Engineer Hansen requested Council resolution authorizing the City Administrator to date the Sewer Treatment Plant Project Contract. Motion was made by Councilman Link seconded by Councilman stout that the reading of Resolution No. 79-34 be waived and that it be adopted authorizing the City Administrator to date the Sewer Treatment Plant Project Contract upon receipt of approval of same by the State. RESOLUTOIN NO. 79-34 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING THE DATING AND EXECUTION OF THE CONTRACT FOR THE WASTEWATER TREATMENT PLANT FACILITIES. PASSED AND ADOPTED this 16th day of April, 1979, by the following vote: AYES: COUNCIL MEMBERS: HUGHAN, LINK, PATE, STOUT and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: CHILDERS and CUNNINGHAM The Mayor requested that the microphone holders be repaired or replaced as several are in need of same. The Mayor noted the Mayors' and Councilmembers' Legislative Conference in Sacramento May 21-23, 1979. At 10:49 p.m., the Mayor adjourned the meeting. Respectfully submitted, ebJ4~ ~.~ ./ City Cler