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Minutes 1974/10/07 3618 Roll Call Intro. Student & New Emp. Consent Calendar Minutes Salary Increases Sobey Dev. Rezoning Epilepsy So. Solicit. S.C.Co. Heart Assoc. Damage Claim, N. Matulich Turf Truck Bid October 7, 1974 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:02 p.m. Present: Council Members: Dennis L. DeBell, George T. Duffin, John Hughan, John E. Pate, Anthony C. Silva, David V. Stout and Norman B. Goodrich. The Mayor introduced Ann Bianchi, Student Intern, San Jose State, and new employees: Rodger Bridgen, Sr. Recreation Leader; Susan Lindsey, Junior Clerk Typist (Planning); Antonio Montemayor and Gary L. Rowen, Patrolmen. Motion was made by Councilman Pate seconded by Councilman Hughan that the following items under the Consent Calendar be approved. Passed and adop- ted by the following Roll Call Vote: Ayes: Council Members: DeBell, Duffin, Hughan, Pate, Silva, Stout and Goodrich. Minutes of September 16, 1974, and September 23, 1974, Regular and Adjourned Council Meetings; Approved Salary Merit Increase for Jesse Dimas, Utility Man II (Parks) Range 27 from Step D, $829/mo. to Step E, $870/mo.; Set October 28, 1974, as Public Hearing on request of Sobey Develop- ment Co., Inc., to rezone 9.98 acres from R-A and C-1 to M-1, located north of and adjacent to Leavesley Road, west of Murray Avenue; Approved waiver of solicitation permit for fund drive of Epilepsy Society of Santa Clara County, November 2-3, 1974; Approved waiver of solicitation permit for fund drive of Santa Clara County Heart Association during February, 1971; Denied letter claim of Mr. Nick Matulich, et ux, for damages alled- gedly sustained during a hold-up. A report on bids received for a 4-wheel turf truck was presented. Motion was made by Councilman Pate seconded by Councilman Pate seconded by Councilman DeBell and carried that the low bid of Golden Bear Equipment Company for one 4-wheel turf truck in the amount of $3,280 be awarded. Hearing re: The Mayor stated that this was the time and place scheduled for the CATV continued hearing on Gilroy Cable TV's request for rate increases. He asked if there was anyone in the audience wishing to speak for or against the pro- posal. Dr. Thomas White, 7790 Santa Theresa Drive, addressed the Council and spoke in opposition to the Cable TV rate increase. The Council Committee's report on the proposal was noted and discussed. Mr. Frank Caliri, owner and Mr. Shurtz, accountant, addressed the Council and further answered Council questions in regard to said rate increase. Motion 3619 was made by Councilman DeBell seconded by Councilman Silva that the reading of Resolution No. 1850 be waived and that it be adopted approving said rate increases. Res. #1850 RESOLUTION NO. 1850 RESOLUTION AMENDING RATES AND CHARGES OF THE COMMUNITY ANTENNA TELEVISION SYSTEM. PASSED AND ADOPTED this 7th day of October, 1974, by the following vote; AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, SILVA and GOODRICH NOES: COUNCIL MEMBERS: STOUT ABSENT: COUNCIL MEMBERS: None ,.... .... Weed Abate. The Mayor stated that it was the time and place scheduled for a public hearing confirming the report of the Fire Chief regarding Weed Abate- ment. He asked if there was anyone in the audience wishing to speak for or against said Report. There was no comment from anyone in the audience. Motion was made by Councilman Hughan seconded by Councilman Duffin and car- ried that the Public Hearing be closed. Res. #1851 Discussion was had in regard to same by Council. Motion was made by Councilman Hughan seconded by Councilman Duffin that the reading of Resolution No. 1851 Confirming the Report and Providing for Special Assess- ments be waived and that it be adopted. "..... RESOLUTION NO. 1851 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CONFIRMING THE REPORT OF THE CHIEF OF THE FIRE DEPARTMENT SETTING FORTH THE DESCRIPTION OF PROPERTY, THE OWNERS THEREOF, AND THE COST OF ABATING THE NUISANCE CAUSED BY THE GROWING OF WEEDS AND ACCUMULATION OF REFUSE IN THE CITY OF GILROY, AND PROVIDING THAT SUCH COSTS SHALL CONSTITUTE ASSESSMENTS AGAINST THE RESPEC- TIVE OWNERS OF LAND. PASSED AND ADOPTED this 7th day of October, 1974, by the following vote: AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, SILVA, STOUT, and GOODRICH NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None -- Garbage Rate Increases The Mayor stated that it was the time and place scheduled for the hearing on South Valley Refuse Disposal, Inc. request for rate increases, effective January 1, 1975. Discussion was had on the matter. The Council Committee's report was presented. Motion was made by Councilman Hughan seconded by Councilman DeBell that the reading of Resolution No. 1852 be waived and that it be adopted approving the rate increases requested by South Valley Refuse Disposal, Inc., effective January 1, 1975. Res. #1852 RESOLUTION NO. 1852 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY FIXING MAXIMUM CHARGES FOR THE COLLECTION OF GARBAGE, RUBBISH, AND REFUSE FOR THE CALENDAR YEAR 1975. PASSED AND ADOPTED this 7th day of October, 1974, by the following vote: AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, SILVA, STOUT, and GOODRICH NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ".... .... Madonna Village A Citizens' Petition and letter opposing the opening of the gates Day Care at Madonna Village was noted. Ctr. Letters of Mr. William S. Breakey appealing the above matter and Mr. Buzz White, et ux, were noted. Discussion was had by Council in regard to the matter. Motion was made by Councilman Hughan seconded by Councilman Stout that the reading of Resolution No. 1853 be waived and that it be adopted specifying that the gates of Madonna Village be opened during all hours that the Day Care Center is operating. Councilman Hughan withdrew the mo- tion and Councilman Stout withdrew the second to the motion. 3620 Industrial Wastewater Truck Route Motion was made by Councilman Stout seconded by Councilman Hughan that the reading of Resolution no. 1853 be waived and that it be adopted specifying that the gates of Madonna Village be unlocked at all time and that they be opened during all hours that the Day Care Center is in operation. Council Members Pate and Goodrich voted "no" on the motion. RESOLUTION NO. 1853 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY MODIFYING ON REQUEST FOR RE- HEARING CONDITION (b) OF ITS RESOLUTION NO. 1845, AND IN CONNECTION THEREWITH" REQUIRING THAT THE GATES INSTALLED AT THE MADONNA APARTMENTS CONTRARY TO THE PLANS APPROVED UNDER SECTION 49 OF THE ZONING ORDINANCE BE UNLCOKED AT ALL TI MES . ..... PASSED AND ADOPTED this 7th day of October, 1974, by the following vote: AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, SILVA and STOUT ... NOES: COUNCIL MEMBERS: PATE and GOODRICH ABSENT: COUNCIL MEMBERS: None Dr. Carl Bozzo, addressed the Council and noted that the Day Care Center would be closed within thirty (30) days. The Mayor declared a recess at 9:35 p.m. and reconvened at 9:40 p.m. Mr. Ted Dennis, Gilroy Foods, Inc., representing the local Food Processing Plants, addressed the Council in regard to their cooperation in attemptint to solve the industrial wastewater system problem. Mrs. Lynn MacDonald addressed the Council in regard to parking a truck on Church Street, not designated as a truck route. Discussion was had and Council referred same to the City Administrator to meet with Mrs. Mac- Donald, October 9, 1974. Maximum Bond A letter from the Cityls bond attorneys was presented in regard to Int. Rate the City's maximum bond interest rate. Motion was made by Councilman Pate seconded by Councilman Duffin and carried that a proposed ordinance be intro- duced and ordered published by title and summary amending Chapter 12A of the City Code in regard to said interest rate. So. Zone Adv. Com. Reps. ...... , ....... A request of the Santa Clara Valley Water District was noted in regard to nomination to the Zone Advisory Committee. Motion was made by Councilman Pate seconded by Councilman Hughan and carried that Councilman Silva be reappointed as representative and Councilman DeBell, Director of Public Works-City Engineer Hansen, and Associate Planner Lefaver, be appoin- ted as alternates to said Committee. Assembly Res. 181 As Assemby concurrentResolution #181, in regard to Service Stations re:Serv. Stns. was noted and ordered filed. Red Cros s Certifi cate S.C. Valley Water Dist.- So. Zone ALUC Meeting 7/25/74 PPC Meeting 7/25/74 PPC Meeting 9/26/74 The following informational items were noted with no separate dis- cussion on same. Council requested that a letter of congratulation be sent to Captain Merle Johnson on behalf of the Council for the Red Cross Certificate of Appreciation recently awarded to him. ~ Minutes of Santa Clara Valley Water District's South Zone Control Advisory Committee Meeting of December 6, 1973; ... Minutes of Santa Clara County Airport Land Use Commission Meeting of July 25, 1974; Minutes of Santa Clara County Planning Policy Committee Meeting of July 25, 1974; Mini Minutes of Santa Clara County Planning Policy Committee Meeting of September 26, 1974; 3621 ALUC Com. Meet. Mini Minutes of Santa Clara County Airport Land Use Commission Meeting 9/26/74 of September 26, 1974; Red Cross Cert. S.C.Co. Tax- payers I As s 0 c . AB 2040 ,.... ! f Co. Transp. ..... Com. Meet. Red Cross Certificate of Appreciation to Girloy Fire Captain Merle Johnson Santa Clara County Taxpayers I Association, Inc., in re: to City Elec- ti on Consol i dati on Measure "B"; Assemblyman Alister McAlister in re: to A. B. 2040; Mini Minutes of Santa Clara County Transportation Commission Meetings of September 11, 1974, and September 25, 1974. Plan. Com. Re- The Repor~ of the Planning Commission meetings of September 19, 1974, ~ort 9/19/74 and October 3, 1974, were noted. & 10/3/74 P & R Com. The Minutes of the Parks and Recreation Commission meeting of September Meet.9/17/74 17,1974, were noted. Personnel Com. The Minutes of the Personnel Commission meeting of September 25, 1974, Meet. were noted. 9/25/74 Lib. & Cult. Com. Meet. 9/3/74 The Minutes of the Library & Culture Commission meeting of September 3, 1974, were noted. Monthly Reports The Summary of Monthly Reports of August 1974, including the Addendum of the Auditor's Report of July 1974, was noted and discussed. A report on water consumption was noted and discussed. ...- ~ Disbursements The Report of Disbursements from September 1, 1974, through and in- cluding September 30, 1974, was noted and approved. Industrial A Report on Industrial Wastewater overburden and overflow into Llagas Wastewaters Creek was noted and discussed. Property adj a- An offer to sell 1 ands to the Ci ty di rect ly south of the sewer farm cent to was noted and discussed. Council decided to adjourn this meeting to October Sewer Farm 18, 1974, at 8:00 p.m. to allow Staff to obtain specific information in regard to the proposed property and investigate other lands adjacent to the sewer farm property in order for Council to make a decision in regard to same. League Conf. reps. Motion was made by Councilman Hughan seconded by Councilman Pate that the Mayor be appointed as voting representative at the Annual League Confer- ence and that the Vice-Mayor be appointed Alternate for same. Truck Routes A Report on Truck Routes was noted and discussed. Motion was made by Res. #1854 Councilman Hughan seconded by Councilman Pate that the reading of Resolution No. 1854 be waived and that it be adopted approving the truck route as out- ,...., lined with deletions as noted. ... >. .. RESOLUTION NO. 1854 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DESIGNATION AND DESCRIBING TRUCK TRAFFIC ROUTES WITHIN THE CITY. PASSED AND ADOPTED this 7th day of October, 1974, by the following vote: AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, SILVA, STOUT and GOODRICH NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 3622 Jt. Sewage Treat. A Summary Report on Joint Sewerage Treatment Plant actions was noted Plant and discussed. Right turns- A proposed ordinance permitting right turns onto Monterey Street at Mont. St. Stop Signals was presented. Motion was made by Councilman Duffin seconded by Councilman Hughan and carried that the proposed ordinance be introduced and published by title and summary. Water Con- sumption Res. #1855 Amended Assessment Street Tree Ord. SEwer Tour Servo Station Pri ce Si gns School/Bldg. Meet. PEP Grant Inter-City Meeting The Report on Water Consumption was discussed under the Summary of Month ly Reports. ...... Motion was made by Councilman Hughan seconded by Councilman Silva that the reading of Resolution No. 1855 be waived directing making of amended assessments regarding certain assessments under Resolution No. 1647 of pre- liminary Determination and of Intention - Ronan Avenue - So. Chestnut Street Project 1971-1 Assessment No. 22, setting November 4, 1974, as a public hear- ing for same. , ......... RESOLUTION NO. 1855 A RESOLUTION DIRECTING MAKING OF AMENDED ASSESSMENT RE: CERTAIN ASSESSMENTS UNDER RESOLUTION NO. 1647 OF PRELIMINARY, DETERMINATION AND OF INTENTION - RONAN AVENUE - SOUTH CHESTNUT STREET PROJECT NO. 1971-1 - CITY OF GILROY - ASSESSMENT NO. 22. PASSED AND ADOPTED this 7th day of October, 1974, by the following vote: AYES: COUNCIL MEMBERS: DE BELL, DUFFIN, HUGHAN, PATE, SILVA, STOUT and GOODRICH NOES: COUNCIL MEr~BERS: None ABSENT: COUNCIL MEMBERS: None The revised Street Tree Ordinance was continued at Staff's request. ...... The Sewer Committee's Report on a tour of the Woodlake aerated oxi- dation sewerage treatment plant was noted and discussed under the Industrial Sewerage Treatment Plant Report. .." Councilman Pate inquired of Council's previous action in regard to the City requesting local service stations to remove gasoline price signs. It was noted that Councills concern in regard to same was that only unused signs be removed and that it was not their intention that price signs be posted. Councilman DeBell requested a report of the meeting with the School Board and Builders. The City Attorney reported on same and noted that the City's limit of participation in regard to School matters would be that r~- garding zoning, planning, annexation, etc. Personnel Director Reinsch reported that additional Grant money in the amount of $50,239 was available to the City for the PEP Program. Motion was made by Councilman Pate seconded by Councilman DeBell and carried that the recommendation of the Personnel Director be approved to accept said funds. Councilman Stout voted "no"on the moti on. IIIIIIlI! The Mayor noted that Council Members would not be able to attend the Inter-Council Golf Tournament and Dinner October 18, 1974, due to the adjourned~. Council Meeting scheduled for said date. "-. Bldg. Assoc. City Administrator Wood noted that the Santa Clara-Santa Cruz Counties Dinner Builders' Association will be having City Officialsl Night October 24, 1974, at the Bold Knight in Sunnyvale. Councilman Hughan noted that he would be interested in attending same. Annual League Conf. Adjournment 3623 :City Administrator Wood confirmed travel reservations for those attending the Annual League Conference at Los Angeles. At 11:56 p.m., motion was made by Councilman Pate seconded by Councilman Silva and carried that the meeting adjourn to October 18, 1974, at 8:00 p.m., and further continued and adjourned to October 28, 1974.