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;
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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.
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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.
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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.
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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.
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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
,
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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.
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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.
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Soil s Test &
Survey
S.B. 886
Freeway
Planting
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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.
,
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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.
...
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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.
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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~