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Minutes 1975/08/04 3716 Roll Call Intra. New Emp. Consent Calendar Res. #75-38 re:Bonanza Parade Gilroy, California Augus t 4, 1975 The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:00 p.m. Present: Council Members: William E. Childers, Dennis L. DeBell, George T. Duffin, Marion T. Link, John E. Pate, David V. Stout and Norman B. Goodrich. The Mayor introduced new employee, Len Caredio, Equipment Service Person. I ...... Motion was made by Councilman Pate seconded by Councilman Duffin that Items "A", "C" and "F" under the Consent Calendar be removed and that the following items under the Consent Calendar be approved. Passed and adopted by the following Roll Call Vote: AYes: Council Members: Childers, DeBell, Duffin, Link, Pate, Stout and Goodrich. Adopted Resolution No. 75-38 Requesting the State Department of Transportation to allow a parade for Bonanza Days' Celebration on Sep- tember 28, 1975; RESOLUTION NO. 75-38 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REQUESTING PER- MISSION OF THE STATE DEPARTMENT OF TRANSPORTATION TO ALLOW A PARADE ON STATE HIGHWAY ROUTE 152. PASSED AND ADOPTED this 4th day of August, 1975, by the following vote: AYES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Link, Pate, Stout and Goodri ch NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Muscular Dyst. Approved waiver of a solicitation permit to Muscular Dystrophy Solic. Association, Inc., for November, 1975; ..~ United Nations' Approved waiver of a solicitation permit to United Nations' Childeren's Children's Fund for October 24 - November 1, 1975. Fund Solie. Minutes Ord. re: Trees j ,.-, Discussed the following items removed from the Consent Calendar: Discussed the Minutes of the July 21, 1975, Regular Council Meeting and corrected same as follows: Motion was made by Councilman Pate seconded by Councilman Duffin and carried that a yearly salary of $10,500 for the City Attorney and $28, 500 for the City Administrator be approved. Motion was made by Councilman Pate seconded by Council- man Duffin and carried that the Minutes of the July 21, 1975, Regular Council Meeting be approved as corrected. Motion was made by Council- man Stout seconded by Councilman Duffin and carried that the salary of the City Attorney be reconsidered. Motion was made by Councilman Stout seconded by Councilman Pate and carried that a yearly salary of $11,000 for the City Attorney be approved. Discussion was had in regard to the proposed ordinance amendin~ Chapter 26 of the City Code re: "Treesll. Councilman Stout noted that I he is not in favor of that portion of the ordinance prohibiting property owners from pruning trees in the parkway without first obtaining a per- mit to do so. The City Attorney noted that the only change in the prq- posed ordinance from the present ordinance regarding Trees is to en- forcement of said Chapter to be under the Director of Parks and Recre~- tion; that the matter of pruning trees is in the present ordinance no~ in effect. The Mayor recommended that the proposed ordinance be adopted and other desired changes to the ordinance be studied and amended at ~ later date. Motion was made by Councilman Pate seconded by Councilma~ Duffin that Ordinance No. 75-13 amending Chapter 26 of the City Code re: "Trees" be adopted. """"""....i 3717 ORDINANCE NO. 75-13 AN ORDINANCE OF THE CITY OF GILROY AMENDING CHAPTER 26 OF THE GILROY CITY CODE RELATING TO TREES. PASSED AND ADOPTED this 4th day of August, 1975, by the following vote: AYES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Link, Pate, Stout and Goodrich NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ,.w'-;:'1 The Mayor referred the ordinance to the City Attorney and Director of Parks and Recreation for further study and review of additional amendments requested by Council to be reviewed by Council in thirty (30) days. - Hydraulic Sewer Discussion was had in regard to the bids received for the hydraulic Cleaner sewer cleaner. Staff recommended that the second lowest bid of F. E. Myers & Bros. Co. be accepted and approved. Heard from the representative of Western Traction noting that his company met the specifications and that the five (5) year warranty offered by F. E. Myers was not in the specifications. Motion was made by Councilman Duffin seconded by Councilman Pate and carried that the bid of F. E. vyers & Bros. Co. be awarded in the amount of $14,875.39 as recommended. Councilman Stout requested that future bid specifications specifically indicate and include minimum requirements desired by the City. Pub.Hear. Zone Ord. Amend. Sec. 54.2 re: The Mayor stated that it was the time and place scheduled for a Public Hearing on the recommendation of the Planning Commission to amend Section 54.2 of the Zoning Ordinance. The City Attorney explained the proposed amendment. The Mayor as ked if there was anyone in the audi ence wishing to speak for or against the proposed amendment. There was no com- ment from anyone in the audience. Motion was made by Councilman Duffin seconded by Councilman Pate and carried that the Public Hearing be closed. ~""" I Councilman Stout recommended that the two members of the Public be appointed by the Council rather than by the Planning Commission. Motion was made by Councilman stout seconded by Councilman Childers and carried that the ordinance be corrected to two (2) members of the public be ap- pointed by the Council for a one year term, not to exceed four (4) terms. Motion was made by Councilman Link seconded by Councilman Childers and carried that the proposed ordinance as corrected be introduced and be published by title and summary amending Section 54.2 regarding Membership of the Architectural and Site Approval Committee. - Telephone Co. Franchise A letter from Mr. Brian D. Cunningham, attorney, was noted request- ing the Council to petition the Public Utilities Commission to award a new telephone franchise to adequately servie the Gilroy area. Mr. Cunningham addressed the Council and further explained his request. Dr. Carl Bozzo addressed the Council and noted that he had received written notification from the Continental Telephone Co. that they would not be able to service his Mesa Road Subdivision and that he had previously received a written committment from said Company indicating that said subdivision could be serviced. He noted that Bollenbacher & Kelton Sub- dividers were also informed that they would not be able to receive addi- tional services this year. ....'" ..... Mr. Lawrence Matlock, Magic Springs property owner, addressed the Council and noted that he was informed by the local manager of the Conti- nental Telephone Company that he would be required to obtain four (4) customers in order to receive telephone service on his property; that he obtained four (4) customers and was further informed that he would have to obtain six (6) customers--then eight (8) customers, and finally informed that he would not get service on his property at all. Mr. Lloyd Aldridge, District Communications Manager of Continental Telephone Company, Manteca, addressed the Council and noted that the Public Utilities Commission holds required public hearings prior to approving any rate increases for his company. He further noted that Continental Telephone Company has met local subdivision requests for new service in all instances; 3718 that there has been problems in obtaining materials, easements, etc. He further stated that the 842 previx will be corrected in 90 - 120 days in regard to direct dialing problems, that said office is not equipped with the most modern equipment as is the 847 prefix. He noted that the community has one of the most modern 911 Emergency Services available. He noted that the investment of Continental Telephone in this community is in the millions and said investment being from local citizens. He further stated that Dr. Bozzo's and Bollenbacher and Kelton Subdivisions will receive service; that at the time the local manager received notice from the main office that future services would be delayed a year, the Company reviewed and examined the matter and previous decision to stop new services was changed. He further informed Council that future industries in Gilroy could be serviced. IIIIIlI , - Dr. Bozzo addressed the Council and inquired as to a specific time that he could expect to receive service in the Mesa Road Subdi- vision. Mr. Aldridge noted that he would determine a specific date and advise Dr. Bozzo of same. Mr. Jerry Fuchs, 4535 Campisi Court, addressed the Council and noted that the time element is an important factor in regard to a specific industry locating in Gilroy. t1r. Aldridge noted that the Company would react and give specific dates when a proposed industry could give a date that they desired to locate in Gilroy. Mr. Fuchs inquired if a proposed industry desired to locate in Gilroy on August 1, 1975, could they expect to receive telephone service by October 1, 1975? Mr. Aldridge noted that the Company could probably meet said date to service this industry. Mr. Tony Schmidt addressed the Council noting that he has received telephone service in various communities by four (4) dif- ferent telephone companies; that in this community, the Continental Telephone Company cannot provide the same service. Mr. Thomas Lewis, representing Automatic Electric, Local Union 9477, employee of Continental Telephone Company noted that said Com- ... pany has only reduced the work day of twenty (20) employees, not all of the employees; and that a number of problems in regard to the __, Company's service is old equipment in the 842 Office. Dr. Carl Bozzo addressed the Council noting that Continental Telephone Company has attempted to correct their previous statements that they cannot service the Mesa Road Subdivision, that he has received a sufficient explanation, and that he is satisfied if they are. Mr. George Ivory addressed the Council noting that as a private user of the local telephone service he has had problems in direct dial- ing of out-of-town calls and that he has seen some improvement with the installation of the 847 Office. ' Mrs. Pat Lewis, 7931 Miller Avenue, addressed the Council and noted that she has had difficulty in direct dialing on out-of-town ca 11 s. Mr. Arther Bannister, 1350 Cedar Court, addressed the Council and noted that this is too important an issue to be decided at this meeting. Mr. Brian Cunninghma, attorney, noted that if the Continental Telephone Company were to be replaced by another company, the Public Utilities Commission would set the specifications described for Gilroy. - Council took no action on Mr. Cunningham's request to petition the Public Utilities Commission to award a new telephone franchise to serve the Gilroy area. .......J Water Resources Mr. Richard Foss, Consoer Townsend & Associates, addressed the Domestic Council and gave preliminary information on Water Resources most recent Sewer Plant domestic plant eligible volume capacity. The Mayor deviated from the regular agenda in order to hear the following items in Mr. Foss' presence. ....,"0 ...... Soil s Test & Survey S.B. 886 Freeway Planting - Taxi Cab Business Weed Abate. ....... ...... Personnel Com. Meet. 7/30/75 P & R Com. Meet. 7/22175 3719 Heard Report on a meeting with the State Water Resources and E.P.A. in re: to the Domestic Sewerage Plant Application. City Administrator Wood recommended hiring the firm of j. B. Gilbert & Associates, private consultants specializing in E.I.R.'s for a maximum of $15,000 for the pre- liminary report plus $5,000 maximum for presentations to various agencies and at hearings. Mr. Foss indicated that his company could not give the information required in regard to E.I.R.'s for said grant application. Motion was made by Councilman Pate seconded by Councilman Link and carried that the City Administrator1s recommendation to hire said firm of J. B. Gilbert & Associates for said specialty consultants be approved subject to approval of same by the City of Morgan Hill and their concurrence to share the expenses of said consultants. City Administrator Wood submitted a proposal from Lowney-Kaldveer Associates to perform a soils test and geological survey for the 270 acre site for the proposed wastewater disposal facility belonging to Rea-Anderson, et ale Cost of said investigation estimated from $5,800 - $6,600 and addi- tional consultation work by consulting engineers during the preliminary phase of said project estimated not to exceed $1,000. Mr. John V. Lowney, representing Lowney-Kaldveer Associates, addressed the Council and noted that they do not expect to damage any of the present crops at the subject site during this soil and geological survey; that same would be conducted on access roads, etc. on said property. Motion was made by Councilman Link seconded by Councilman Duffin and carried that the firm of Lowney-Kaldveer Associates be hired for the soils testing and geological survey on the 270 acre site subject to the property owners' permission to conduct same and concurrence with the City of Morgan Hill to share the ex- pense of said surveys. S. B. 886 re: Pornography and Obscenity was noted. The City Attorney recommended endorsement of said Bill. Motion was made by Councilman stout seconded by Councilman Pate and carried that the City support said S. B. 866 as recommended. A letter from the Department of Transportation in regard to delaying local Freeway Planting Project was noted. A letter from the County of Santa Clara in regard to purchase of the local taxi ,cab company was noted. Discussion was had on the matter. Coun- cil instructed the City Administrator to determine from the County if they purchased said business, no public transportation would be provided for local residents from the hours of 6:00 p.m. through 7:00 a.m. The County transit system would not be provided for in South County during those hours. City Administrator to contact County in this regard. A letter from the County of Santa Clara in regard to a Consolidated Weed Abatement Program with the County was noted. City Administrator Wood recommended that the City observe the County program for one (1) year to determine if said Program would be satisfactory with the City. Council concurred. The following informational items were noted with no separate discussion on same. Municipal Financing Letter (Stone & Youngberg) dated July 25, 1975. Senator Alquist in re: to several State Bills. The Report of the Personnel Commission Meeting of July 30, 1975, was noted and further explained by Personnel Director Reinsch. Council discussed the classification and salary of the Sewer Treatment Plant Super- visor and Sewage Treatment Plant Utility Man as recommended by the Personnel Commission and requested that revision of the classification in the salary schedule be reviewed for all classifications at one time rather than indi- vidual classifications being submitted to Council for approval. Council tabled approval of the classifications recommended for the Sewage Treatment Plant Utilityman and Sewage Treatment Plant Supervisor to determine the Grade requirement of the Water Resources Board for said positions. The Minutes of the Parks and Recreation Commission Meeting of July 22, 1975, were noted. 3720 Disbursements Ambulance Service Gilroy School Dist. 75-4 The Report of Disbursements from July 1, 1975, through July 31, 1975, were noted and discussed. City Administrator Wood requested tabling approval of disbursements to Kimura & Garfinkle Consultants on Eastside and Christmas Hill Parks to further study specific bills. There appears to be a $3,000 discrepancy in said bills. Discussion was had on the remainder of said disbursements. A report on the local ambulance company's response time on three (3) specific calls was noted. Unified City Administrator Wood explained the location and noted that a proposed annexation had been filed with LAFCO for "Gilroy Unified Annex. School District Annexation 75-4 to the City of Gilroy." Council had no objection to same. , i - Rancho El Dorado #2 Tr. 5507 Hidden Glen Sub. Tr. 5563 .... Director of Public Works-City Engineer Hansen explained a report on the Development Agreement of Rancho El Dorado, Unit #2, Tract 5507, recommending acceptance of the improvements subject to correction of the storm drain system in regard to the silt problem, subject to sub- mittal of a maintenance bond and holding the faithful performance bond in the amount of said storm drain system for review in one (1) year to determine if the silt problem has been corrected. Mr. Brian Cunningham, attorney representing Mr. Larry Willard, requested a time limit on maintenance of the storm drain system noting that if all but two (2) lots were constructed, the developer would still be responsible for maintenance of the 26 lots. Mr. Larry Willard, developer, addressed the Council and noted the problems he has had in attempting to correct the storm drain sys tern. Motion was made by councilman Duffin seconded by Councilman Pate and carried that the improvements in Rancho El Dorado, Unit #2, Tract 5507 be accepted subject to submittal of a one (1) year maintenance bond for said tract and subject to maintenance of the Storm Drain Sys- tem and correction of any silt problem that may occur. This matter to be reviewed in one (1) year as recommended by the Director of Public Works. ... - Director of Public Works-City Engineer Hansen requested accept- ance of improvements on Saratoga Place, a portion of Tract No. 5563, Hidden Glen Subdivision. Motion was made by Councilman Pate seconded by Councilman Childers and carried that the improvements of Saratoga Place, a portion of Tract #5563, be accepted as recommended by the Director of Public Works. Ind. Wastewater Councilman Stout reported on a Council Sewer Advisory Committee Syst. Eng. meeting recommending approval with corrections in regard to the Indus- Servo trial Wastewater System Engineering Services. He noted the following corrections recommended by the Committee: RE: Item #5 - Insert the words, "for approval by the owner", following the words, "elevations and standards of design", and remove the words, "for approval by the owner"; following the words, "estimates of cost." 75-76 Budg. Emp. posi- tions Re: Item #8 - Insert the words, "or some portion thereof1', follow- ing the words, "advise if this sum." ... Motion was made by Councilman Stout seconded by Councilman Pate and carried that the request for proposals form as corrected for the Preliminary Study of the Industrial Wastewater Disposal System be ap- proved and the City Administrator be authorized to request proposals for same from the seven (7) firm names as recommended. ~ Motion was made by Councilman Link seconded by Councilman Stout that the positions of "Welder Mechanic" and "Recreation Supervisor II" be eliminated from the 1975-76 Budget. After discussion of same, motion was defeated by the following vote: AYes: Council Members: Childers, Link, and Stout; Noes: Council Members: DeBell, Duffin, Pate, and Goodrich. BASSA A-I Auto Wrecki ng Meetings Adjournment 3721 the Mayor requested that this 'matter be discussed at an Executive Session proposed to be with the Personnel Commission during the Salary Classification Study. Councilman Stout inqui red when the City could expectrreceipt of the Housing and Community Development Block ,rant funds. It was noted by Staff that said grant application had been approved; however, the date for receipt of said funds is unkown. Councilman Stout noted a telegram received from the County of Santa Clara ordering the City to pay $989.33 towards the County's apportionment of funds to BASSA. Council noted that this is not a budgeted item and the City will not agree to pay same. Councilman Childers inquired as to the business license of A-I Auto Wrecking. Staff noted that they do not have a business nor a Conditional User Permit required. The Mayor noted the Inter-City Council Meeting of August 7, 1975, and the League of California Cities, Peninsula Division Meeting of August 28, 1975. At 11:44 p.m., the Mayor adjourned the meeting. Respectfully submitted, I €/k~ f:. City Cl r dt~