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Minutes 1979/06/18 --- IIlIliIIiI Roll Call ",..~ I Consent Calendar ........ Minutes 4233 June 18, 1979 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Protempore John E. Pate at 8:00 p.m. Present: Council Members: Brian D. Cunningham, Roberta H. Hughan, Marion T. Link, David V. stout and John E. Pate. Absent: Council MemBers: William E. Childers and Norman B. Goodrich. Motion was made by Councilman Link seconded by Councilman Cun- ningham that the following items under the Consent Calendar be approved as recommended by the following Roll Call Vote: Ayes: Council Members: Cunningham, Hugh an , Link, stout and Pate. Absent: Council Members: Childers and Goodrich. A. Approved the Minutes of the Regular Council Meeting of June 4, 1979; Ord. #79-14 re: B. Adopted Ordinance No. 79-14 amending Section 15.43(21) of Welburn Ave. the City Code designating Welburn Avenue from Monterey Street to Mantelli Through st. Drive a Through Street except at its intersections with Church Street, Wayland Lane, Wren, Kern, and More Avenues. -.... Salary Achieve. Increases Pub. He ar. re: Royal West Rezoning Pub. Hear. re: T. Berry Rezoning ...... Pub. Hear. H. Okada Rezoning ...... Pub. He ar. re: Uvas Dev. Co. Rezoning ~ Police Vehicle Bids - ORDINANCE NO. 79-14 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 15.43 OF THE GILROY CITY CODE SO AS TO DESIGNATE WELBURN AVENUE FROM MONTEREY STREET TO MANTELLI DRIVE A THROUGH STREET, EXCEPT AT ITS INTERSECTIONS WITH CHURCH STREET, WAYLAND LANE, WREN AVENUE, KERN AVENUE AND MOREY AVENUE. PASSED AND ADOPTED this 18th day of June, 1979, by the following vote: AYES: COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, LINK, STOUT and PATE NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: CHILDERS and GOODRICH; C. Approved Salary Achievement Level Increases for the follow- ing five (5) City Employees, effective July 1, 1979: Ken Berri, Public Works Inspector, Range 29.5 from Step C, $1,172/mo. to Step D, $1,231/mo.; Claude Campbell, Sewage Treatment Plant Operator II, Range 31.5 from Step B, $1,231/mo. to Step C, $1,293/mo.; Jorge Gonzalez, Police Officer, Range 32.5 from Step D, $1,425/mo. to Step E, $1,496/mo.; Craig Martin, Police Officer, Range 32.5 from Step C, $1,359/mo. to step D, $1,425/mo.; and Charles Myer, Associate Planner, Range 35.5 from Step A, $1,425/mo. to Step B, $1,496/mo.; D. Set July 2, 1979, for public hearing on rezoning request of Royal west, Inc., for property located on the east side of Church Street between Pierce Street and Welburn Avenue from M2 to CM District containing 1.34 acres; E. Set July 2, 1979, for public hearing on rezoning request of Trevis Berry for property located east of the.South Valley Freeway bet ween Renz Lane and Tenth street from Cl to M2 District, containing .50 acres; re: F. Set July 2, 1979, for public hearing on request of H. Okada et aI, for property located on the east side of Eigleberry Street between Ninth and Tenth Streets from R3 to R3X District, containing .68 acres; G. set July 2, 1979, for public hearing on pre zoning request of Uvas Development Company .for property located at 6502 Brem Lane to M2 District, containing 38.1 acres. City Administrator Wood reported on the following two bids received for three police vehicles: Bob Lynch Ford - $23,748.90 Chrysler-Plymouth-Dodge - $23,437.36. and -.,-,,,;..._0.-., . 4234 Bids re: Well #6 Pub. Hear. 1979-80 Budget An amended report on the bids was distributed to Council noting the City had been notified by Bob Lynch Ford that Ford Motor Company has advised them as of June 15, 1979, the vehicles that were bid on are no longer available. ...... II." Motion was made by Councilman Link seconded by Councilwoman Hughan and carried that the bids received for three police vehicles be rejected and to call for bids again later this year. Director of Public Works-City Engineer Hansen reported on the following five (5) bids received for construction of Well #6 Project 1979-4: (1) Chappell Pump, Gilroy - $75,229.81; (2) Maggiora Bros., Watsonville - $79,997.00; (3) C & N Pump & Well Co., Santa Clara - $84,246.99; (4) Water Development Corp., Woodland - $84,575.00; and (5) E. E. Ludhorff Co., Woodland - $104,845.00. He recommended the bid be awarded to Chappell Pump Co. and noted the Engineer's Estimate was $89,486.00. .... -- (Councilman Childers entered and took his seat at the Council table at 8:05 p.m.). Motion was made by Councilman stout seconded by Councilman Link and carried that the bid for construction of Well #6 Project 1979-4 be awarded to Chappell Pump Co. of Gilroy in the amount of $75,229.81. re: Mayor Protempore Pate stated it was the time and place for a public hearing on the proposed 1979-80 Budget. City Administrator Wood reported on the proposed changes to the budget and noted the following requests for funding by local entities: (1) Chamber of Commerce requesting an additional $19,000; (2) South County Housing Development Corp. - $10,250; and (3) Senior Citizens Legal Project - $10,000. Mayor Protempore Pate asked if there was anyone in the audience wishing to speak for or against the proposal. ...... ........ Ms. Ann Rosenzweig, Senior Citizens Legal Projects represen- tative, addressed the Council requesting allocation of funds for said project. Mrs. Ann Rovetto, a senior citizen, spoke in favor of funding the Senior Citizens Legal Project. Mr. Conrado Tomkin, representing Fil-Am Seniors, also spoke in favor of funding the project. Mr. Robert Hernanadez of the Youth Services Bureau addressed the Council regarding removal of Gilroy's Police Officer assigned to work with the Bureau. He requested Council consider financial aid in the amount up to $8,000 (2/u of Police Officer's Salary) to compensate for the removal of the officer's services. City Adminis- trator Wood noted that funding for the Youth Services Bureau was not deleted from the Budget. Mrs. Mildred Hanna addressed the Council and spOke in favor of funding the Senior Citizens Legal Project. Mayor Protempore Pate asked if there was anyone else in the ~ audience wishing to speak on the matter. There were no comments from the audience. jt;,,,,<. Motion was made by Councilman Link seconded by Councilman Childers and carried that the public hearing be closed. Discussion was had by Council. Motion was made by Counilwoman Hughan seconded by Councilman Cunningham and carried that the request of the Chamber of Commerce for an additional $19,000 in the 1979-80 Budget be approved. Coun- cilman Stout voted "no" on the motion. - - --- p'."", ...... Res. #79-48 re: 79-80 Budget ~;... - Eigleberry st. Pkg. bet. 1st & 2nd ,...... ...... ~ - 4235 Motion was made by Councilman Link seconded by Councilwoman Hughan and carried that the request of South County Housing Development Corp. for $10,250 budget allotment be denied. Motion was made by Councilman Stout seconded by Councilman Childers to deny the request of the Senior Citizens' Legal Project for funding in the amount of $10,000. The motion failed by the following Roll Call Vote: Ayes: Council Members: Childers and stout. Noes: Council Members: Cunningham, Hughan, Link and Pate. Motion was made by Councilman Cunningham seconded by Councilman Link to allocate $6,000 from Revenue Sharing Funds on a one-year basis for the Senior Citizens Legal Project in the 1979-80 Budget. The motion was approved by the following Roll Call Vote: Ayes: Council Members: Cunningham, Hughan, Link and Pate. Noes: Council Members: Childers and Stout. Motion was made by Councilman Stout seconded by Councilman Link and carried that the 1979-80 Preliminary Budget be amended in the amount of $29,447.00 re: rejection of the bids for police vehicles. Discussion was had on the 1979-80 Budget as the ~ole. Motion was made by Councilman Stout seconded by Councilwoman Hughan that the reading of Resolution No. 79-48 approving the 1979-80 Fiscal Budget be waived and that it be adopted. RESOLUTION NO. 79-48 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING THE BUDGET FOR SAID CITY FOR FISCAL YEAR 1979-1980 AND APPROPRIATING THE PROPOSED EXPENDITURES FOR PURPOSES SET FORTH IN THE BUDGET. PASSED AND ADOPTED this 18th day of June, 1979, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, STOUT AND PATE COUNCIL MEMBERS: NONE COUNCIL MEMBER: GOODRICH NOES: ABSENT: Mayor ProternporeOnoted the continuance of a request for limited parking on Eigleberry Street between First and Second Streets and asked if there was anyone in the audience wishing to speak on the matter. Mr. Ernest Harrison, resident, addressed the Council requesting that parking in said area be restricted. Mr. George Lawton, manager of the Bank of America, addressed the Council and spoke on the parking problem and noted it was not feasible to open the Bank's parking lot to employees. He further noted that if parking is restricted in this area, it would create a similar problem in surrounding areas and recommended that, since the area is zoned as commercial, the parking restrictions be left as they now are. Mr. Harrison again addressed the Council noting there previously was a two-hour parking limit on Eigleberry Street. Ms. Ann Rosenzweig, CRLA, addressed the Council noting their office is on Eigleberry Street and objected to imposing parking restrictions for the area. Mr. Jack Kazanjian spoke and suggested diagonal parking on Second Street between Monterey and Eigleberry Streets and a four-way stop at the intersection of Second and Eigleberry Streets as possible solutions to alleviate the parking problem. Mr. Brad Smith, manager of the Bank of the West, spoke in opposition to the restricted parking. Mr. Dan Parlmerlee, resident, addressed the Council and noted there was no parking problem prior to the Bank of America locating in the area. 4236 Discussion was had by Council on the matter. Motion was made by Councilman Childers that the parking restrictions on Eigleberry street between First and Second Streets remain as it now is. The motion died for lack of a second. Motion was made by Councilman Stout seconded by Councilman Link and carried that the matter be continued to the next regular Council Meeting to consider time limit parking on all of Eigleberry Street that is commercially zoned. .... - Mesa Rd. Prop. Assess.Dist. Mayor Protempore Pate noted the continuation of a request from Gary Wojahn, et aI, for formation of an assessment district for street improvements on Mesa Road. - ...... Director of Public Works-City Engineer Hansen ,explained a map of the area and noted that a resolution requesting the County of Santa Clara grant extra-territorial jurisdiction would have to be adopted before proceeding further with the assessment district. Discussion was had by Council. Motion was made by Councilman Link seconded by Councilman Cunningham that the reading of Resolution No. 79-49 requesting the County of Santa Clara to grant extra-terri- torial jurisdiction be waived and that it be adopted. Res. #79-49 RESOLUTION NO. 79-49 A RESOLUTION REQUESTING CONSENT OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CLARA TO THE EXERCISE OF EXTRA-TERRITORIAL JURIS- DICTION TO UNDERTAKE PROCEEDINGS FOR THE ACQUISITION A~ID CONSTRUC- TION OF PUBLIC IMPROVEMENTS AND TO PROVIDE THAT THE COSTS SHALL BE ASSESSED UPON THE DISTRICT BENEFITED THEREBY UNDER APPROPRIATE SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS - IMPROVEMENT PROJECT NO. 1979-1. Court Case Consolid. Mr. Steven L. Millich, attorney at law, reported on the Municipal Court Consolidation Case noting that an appeal for an injunction opposing the consolidation ordinance was rejected by the Superior Court. ... - Mr. Millich explained the plan gave no assurance that the Court would remain in the South County and provided for a judge to be in Gilroy only three days a week. Mr. Millich stated he has 60 days in which to appeal Judge Allen's ruling and requested Council direction regarding pursuing the matter further. Councilman Cunningham abstained from discussion of legal fees due to a conflict of interest. Motion was made by Councilman stout seconded by Councilman Link and carried that the City approve $1,500 in legal fees, in addition to the $500 previously approved, and to apply for a Writ of Mandamus to aid in halting the Consolidation Plan, if the City of Morgan Hill also agrees to participate. Councilman Cunningham abstained from voting on the motion. Paramedic Program Mr. Gary Orr of the County Office of Emergency Medical Services, introduced Mr. Milt Silbergerg, manager of said agency, who explained the Paramedic Program. ... Ambulance Ord. Mayor Pro tempore Pate deviated from the agenda to hear a __ report by Chief of Police Laizure regarding updating the ambulance ordinance. Chief Laizure explained his report and recommended deleting certain sections of the ordinance already covered by the California Highway Patrol's Ambulance Service Handbook so as not to duplicate what State agencies do and accept their inspections in lieu of the City's inspections. ... .... ~ Res. #79-50 Ambulance Applics. ~'--'1Il ........ Sewer Revenue Study Temporary Trailer Permit ~..., Trailways Bus Line League Bulletin National League of Cities - .... 4237 Motion was made by Councilman Link seconded by Councilman Childers and carried that the City Attorney prepare the necessary work to delete certain sections of the ambulance ordinance to accept the State's inspections regarding ambulance license applications. re: Motion was made by Councilman Link seconded by Councilman Stout that the reading of Resolution No. 79-50 determining public necessity for Medevac, AAA Ambulance Company, and Stephens and poletti Ambulance Company be waived and that it be adopted. RESOLUTION NO. 79-50 RESOLUTION OF THE CITY OF GILROY DETERMINING PUBLIC NECESSITY FOR MEDEVAC, AAA AMBULANCE COMPANY AND STEPHENS AND POLETTI AMBULANCE COMPANY TO OPERATE WITHIN THE CITY OF GILROY. PASSED AND ADOPTED this 18th day of June, 1979, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, STOUT and PATE COUNCIL MEMBERS: NONE COUNCIL MEMBER: GOODRICH NOES: ABSENT: Mr. Gary Hornberger of Consoer, Townsend & Associates, presented a report on the Sewer Revenue Study and proposed rates to pay for the annual operation and maintenance of the new sewer treatment plant. Mayor Protempore Pate asked if there was anyone in the audience wishing to speak on any item not on the agenda. There were no comments from the audience. City Administrator Wood presented a request from Emsee Trans- portation Company requesting a year's extension of their temporary trailer permit to maintain a temporary mobile office at 6490 Chestnut Street. Motion was made by Councilman Link seconded by Councilman Childers and carried that the request of Emsee Transportation Company for a one-year extension of their temporary trailer permit be approved, expiring June 4, 1980. City Administrator Wood presented a letter from Trailways Bus Line urging greater competition in Intra-State bus service. Council took no action on the matter. The League of California Cities Bulletin, dated June 8, 1979, was noted. City Administrator Wood presented an invitation from the National League of Cities to participate at a reception to discuss developing national policy position on crude oil pricing, the regulation and disposal of hazardous wastes, and the issue of continued licensing and construction of nuclear power facilities. Council noted same and took no action. The following correspondence was noted with no separate discussion on same: Letter from Mayor Janet Gray Hayes regarding long-term funding solution to provide adequate funding sources for local governments for post Proposition 13 period; and Letter from Randy Barbaglia cOffin1ending the Gilroy Fire Depart- ment for their outstanding performance on the controlled burn at welburn Avenue and Church Street and thanking them for saving the large pine tree in close prximity of the fire. ....''''l Plan. Com. Meet. Planning Director Dorn reported on the Planning Commission 6/7/79 meeting of June 7, 1979. - The Commission recommended Council approve the revised Land- scaping Policy. Council continued the matter to the next regular Council Meeting of July 2, 1979. 4238 Uncollectible Utility Accounts 1978-79 Budget Transfers Prop. Classif. for Rec. Inst. Spec. Police Task Force Park Supervisor Classif. MTC Funds Gen. Plan. pub. Hear. A letter from Rusconi, Foster and Thomas, representing Mr. Midge Chiesa, was noted regarding the variance request of McDonald's Restaurant on First Street for a drive-through sign. .... City Administrator Wood presented a request from the Collec- tion Section of the Water Department to write off uncollectible utility accounts in the amount of $1,683.24. ...... Motion was made by Councilman Link seconded by Councilman Childers and carried that the uncollectible utility accounts in the amount of $1,683.24 be written off and referred for collection. ... City Administrator Wood presented a request to transfer ... expenditures to balance the 1978-79 Budget and to carry-over projects in progress. Motion was made by Councilman stout seconded by Councilman Link and carried that the budget transfers and carry-over projects to balance the 1978-79 Budget be approved as presented. City Administrator Wood presented a report and recommendation by Staff and the Personnel Commission to adopt the classification of Recreation Instructor at the negotiable wage of $4 to $12 per hour. Motion was made by Councilman Link seconded by Councilman Childers and carried that the classification of Recreation Instructor be approved as presented at the negotiable wage of $4 to $12 per hour. Chief of Police Laizure presented a report on the Specialized Police Task Force noting that same was self-explanatory. A request from Parks and Recreation Director Ayer to establish the classification of Park Superintendent was continued to the next regular Council Meeting of July 2, 1979. .... A report on the Metropolitan Transportation Commission Funds regarding Paratransit Services was noted. - Planning Director Dorn recommended setting public hearings on the Gilroy General Plan. Discussion was had. Motion was made by Councilman Link seconded by Councilman Stout and carried that the Planning Commission set the first General Plan Public Hearing at their earliest convenience (first Thursday in July). Old City Hall City Administrator Wood reported on the Council Advisory Committee's recent meeting regarding the Old City Hall. Discussion was had on the matter. Service Agree. Self.Ins. Workmans Compo Motion was made by Councilman Cunningham seconded by Council- man Stout and carried that the following recommendations be approved as presented regarding the Old City Hall: (1) That the property not be sold; (2) Consider a long-term lease; (3) Allow rental forgiveness for recapture of rehabilitation funds expended by Lessee; (4) City continue to attempt to obtain grant funds for rehabilitation; and (5) Apply an historic easement to the property for its continued preservation. - re: City Administrator Wood presented a Service Agreement with Gates, McDonald and Company for services in connection with self- insured works' compensation insurance. - Motion was made by Councilman Link seconded by Councilman Stout and carried that the Service Agreement with Gates, McDonald and Company for self-insured workmans' compensation insurance be approved as presented. ... - 1 '" " i I " 4239 Meet & Confer City Administrator Wood requested Council Meetings with Mr. Ed Reith, City's Meet and Confer negotiator, on Thursday, June 21, 1979, at 3:00 p.m. and Wednesday, June 27, 1979, at 3:00 p.m. City Administrator Wood distributed copies of Chief of Police Laizure's memo to his department personnel and a memo from the Chief to the City Administrator requesting a session with Council regarding recent publicity concerning the Police Department. City Administrator Wood recommended Council set a portion of the meeting of the 27th to hear Chief Laizure's comments as the Mayor will have returned by that date. Adjournment At 11:35 p.m., it was moved by Councilman Link seconded by Councilman Childers and carried that this meeting be adjourned to Thursday, Juen 21, 1979, at 3:00 p.m. and, subsequently, to Wednesday, June 27, 1979, at 3:00 p.m. Respectfully submitted, t/.~,.< (! {2ki. ~ r Deputy City Clerk r/