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/