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Minutes 1975/11/03 373'7 November 3, 1975 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by His Honor Norman B. Goodrich at 8:02 p.m. Roll Call Present: Council Members: William E. Childers, George T. Duffin, Marion T. Link, John E. Pate, David V. Stout and Norman B. Goodrich. Absent: Council Member: Dennis L. DeBell. Intro.new employee Consent Calendar Minutes Ord.#75-20 Parking The Mayor introduced new employee, Robert E. Warren, Police Cadet and Mr. Raymond C. Ball, Industrial Director. Motion was made by Councilman Pate seconded by Councilman Link that the following items under the Consent Calendar be approved. Passed and adopted by the following Roll Call Vote: Ayes: Council Members: Childers, Duffin, Link, Pate, Stout and Goodrich. Absent: Council Member: DeBe 11 . Approved the Minutes of the Regular Council Meeting of October 6, 1975; Adopted Ordinance No. 75-20 amending and repealing Section 15 of the City Code Pertaining to Parking Time Limits and Angle Parking; ORDINANCE NO. 75-20 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 15.57 OF THE GILROY CITY CODE PERTAINING TO ANGLE PARKING ON CITY STREETS, AND REPEALING SECTIONS 15.68 and 15.71 AND AMENDING SECTION 15.69 ESTABLISHING PARKING TIME LIMITS ON CITY STREETS. PASSED AND ADOPTED thi s 3rd day of November, 1975, by the fo 11 owi ng vote: AYES: COUNCIL MEMBERS: CHILDERS, DUFFIN, LINK, PATE, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: DeBELL: Salary Merit Approved Salary Merit Step Increases for the following four (4) Step In- City Employees: C. Alves, Utility Man I, Range 25 from Step "EII $853.; to creases Utility Man II, Range 27, Step "D" $895.; K. Mara, Water Quality Control Operator, Range 34 from Step "A" $1088. to Step "BII $1141.; R. Cox, Office Engineer, Range 35.5 from Step "D" $1353. to Step "E" $1422.; and D. Bozzo, Fireman, Range 31 from Step IIB" $986. to Step "C" $1037.; Approved the Report on budgeted purchases that exceed $1500.00 per Council direction; and Budgeted Purchases Claim- C.LeNeave Gen.Plan Map Denied Claim of C. W. LeNeave, et ale The Mayor stated that it was the time and place scheduled for a Public Hearing on the proposal to amend the General Plan t1ap. Director of Public Works-City Engineer Hansen explained the proposed amendment. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. There was no comment from anyone in the audience. 3738 Motion was made by Councilman Duffin seconded by Councilman Link and carried that the Public Hearing be closed. Res.#75-44 Motion was made by Councilman Duffin seconded by Councilman Childers that the reading of Resolution No. 75-44 amending the General Plan Map as recommended be waived and that it be adopted. RESOLUTION NO. 75-44 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AMENDING THE GENERAL PLAN MAP OF THE CITY OF GILROY. PASSED AND ADOPTED this 3rd day of November, 1975, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, DUFFIN, LINK, PATE, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: DeBELL. Councilman DeBell entered at 8:05 p.m. and took his seat at the Council table. Sidewalk Repair Program The Mayor stated that it was the time and place scheduled for a hearing on the Sidewalk Repair Program. Director of Public Works-City Engin- eer Hansen presented and explained his Report regarding said Sidewalk Repair Program. A letter from Mr. Brian D. Cunningham, Attorney for Mrs. Ruth Bo in regard to said program was noted. The Mayor asked if there was anyone in the audience wishing to speak for or against the Sidewalk Repair Program. Mrs. Ruth Bo, addressed the Council protesting said Sidewalk Re- pair Program. Motion was made by Councilman Link seconded by Councilman Pate and carried that the Public Hearing be closed. Motion was made by Councilman Duffin seconded by Councilman Pate that a resolution be adopted confirming the Report of the Director of Public Works. Said motion was withdrawn and the Hearing was reopened for further discussion. - Mrs. Ruth Bo, addressed the Council and spoke on behalf of her attorney who was unable to attend this meeting. Mr. C. Barry Fisette, Jr., 840 Eschenburg Drive inquired of the sidewalk specifications today vs. 20 years ago. \ Mrs. Ruth Bo requested the City to find a solution to correct the situation rather than charging property owners for the repair costs, such as purchasing a root cutter to eliminate hazardous sidewalk situations in the first place. Mr. Fisette suggested that the City require planting of trees that do not produce root problems. It was noted that the City does have a Master Tree List and has taken over planting of trees in the new subidivisions in an attempt to see that the trees are properly planted at a time when property owners have moved into the new homes so that same can be properly maintaineQ. Motion was made by Councilman Link and seconded by Councilman Childers and carried that the Hearing be closed. Discussion was had by Council in regard to the Sidewalk Repair Program. Motion was made by Councilman Childers seconded by Councilman Link and carried that the Director of Public Works be authorized to proceed with the Sidewalk Repair Program as presented, charge the property owners for said work, and require whatever is necessary to eliminate the sidewalk hazards. Councilman Stout voted "no" on the motion. Res.#75-45 Motion was made by Councilman Childers seconded by Councilman Link' that the reading of Resolution No. 75-45 be waived and that it be adopted Confirming the Sidewalk Repair Program Report and providing for Special Assess- ments. _.~, - ,.,"'<il - ...... - 37(39 ments. RESOLUTION NO. 75-45 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING AND ADOPTING THE REPORT OF THE DIRECTOR OF PUBLIC WORKS OF THE CITY OF GILROY ON THE COST OF CONSTRUCTION OF SIDEWALKS, CURBS, GUTTERS AND OR DRIVEWAYS PURSUANT TO THE IMPROVEMENT ACT OF 1911, DIVISION 7 OF STREETS AND HIGHWAYS CODE OF STATE OF CALIFORNIA, ASSESSING PARCELS OF PROPERTIES FOR THE COST OF CON- STRUCTION AND DETERMINATION OF PAYMENT OF ASSESSMENTS. PASSED AND ADOPTED this 3rd day of November, 1975, by the fOllowing vote: AYES: COUNCIL MEMBERS: CHILDERS, DeBELL, DUFFIN, LINK, PATE, STOUT and GOODRIa:H. NOES: COUNCIL MEMBER: STOUT ABSENT: COUNCIL MEMBER: None Solid \AJaste Manage- ment Plan Mr. Warren Terriberry, County Planning Department, addressed the Council regarding the IIReview of Solid Waste Management Plan for Santa Cl ara County". Council requested a copy of the Draft Summary of the proposed plan in order to study same and make comments at the November 17, 1975 Council Meeting. Clara Mateo Mr. Richard Luchetti agreed to Council tabling the presentation of Garbage- Clara Mateo Garbagemen's Association in re: to the Santa Clara County Solid men's Assoc.Wastes Management Plan to the November 17, 1975 Council Meeting. Mr. Ken Cooper, addressed the Council requesting that November 9, 1975 be proclaimed "Butch Henryll Day. Council had no objection and the Mayor indicated that he would proclaim said date as "Butch Henry" Day. Butch Henry Day Chamber of Mr. Robert Infelise, addressed the Council on behalf of the Gilroy Commerce Chamber of Commerce and requested that the City increase the budget alloca- tion to the local Chamber an additional $1,500.00. Motion was made by Councilman Stout seconded by Councilman Link and carried that the request be tabled and taken under advisement. Cable TV Franchise Transfer A request of the Gilroy Cable TV to transfer the franchise to Falcon Communications was noted. Motion was made by Councilman Link seconded by Councilman Childers and carried that the reading of a proposed ordinance authorizing said transfer be waived and that it be introduced and published by title and summary. Chamber of A request from the Gilroy Chamber of Commerce for a 75-76 Budget Commerce Amendment in the amount of $500.00 for the balance due the Gilroy Chamber of Commerce from the 74-75 Budget Allotment was noted. Motion was made by Councilman Childers seconded by Councilman DeBell and carried that said 75-76 Budget amendment in the amount of $500.00 be approved. Bicentennial A request of the Mayor of Monterey for support for the Bicentennial request de Auza Expedition Re-enactment was tabled to observe what the other cities will do in this regard. Res.#75-46 A request from the Town of Los Gatos for support in opposition to the proposed County change in Parks Acquisition Program was noted and dis- cussed. Motion was made by Councilman Pate seconded by Councilman Stout that the reading of Resolution No. 75-46 be waived and that it be adopted supporting the Town of Los Gatos' position. , RESOLUTION NO. 75-46 RESOLUTION OF THE GILROY CITY COUNCIL CONCERNING SANTA CLARA COUNTY BOARD OF SUPERVISORS' CHANGE OF PARKS ACQUISITION AND DEVELOPMENT POLICY. PASSED AND ADOPTED this 3rd day of November, 1975, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, DeBELL, DUFFIN, LINK, PATE, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 3740 Nut..l ear Safeguards Initi ati ve Wren Ave. & Westwood Dr.Signali- zation Plan.Com. Meetings P.& R. Com. Meet. 10-28-75 Lib.& Cult. Com. Meet. 10-15-75 Housing & Com.Dev. Block Grant Disbursements Surplus Property Res.#75-47 State Coop. Agree. re: purchases Mr. B. Lovelace addressed the Council in regard to a resolu- tion calling for public information on the Nuclear Safeguards Initiative. Council took no action on same. A letter from the Department of Transportation in regard to Wren Avenue and Westwood Drive Signalization Studies was noted. Council requested Staff to determine from the State if the Wren Avenue signaliza- tion would be installed if the City advanced the costs with the State re- imbursing the City for its share at some future date when State funds were available. ...... The following informational items were noted with no separate ._ discussion on same. South County Alternatives, Inc. Newsletter, October, 1975. Damages. Senate Committee on Judiciary in re: to AB 1059, Punitive The Minutes of the Planning Commission Meeting of October 16, 1975 and Report of the October 23, 1975 Meeting were noted. The Minutes of the Parks and Recreation Commission Meeting of October 28, 1975 were noted. Discussion was had regarding the Council Committee appointed for recommendation on Little League Facilities. The Mayor requested that said Committee submit a written recommendation to Council at the next regular Council Meeting of November 17, 1975 for Council discussion and action on same. The Minutes of the Library and Culture Commission Meeting of October 15, 1975 were noted. I/IIIIIIIlI Motion was made by Councilman Pate seconded by Councilman Stout and carried that November 17, 1975 be set as a Public Hearing date on the second year of the Housing and Community Development Act Block Grant Program. ~~. The Report of Disbursements from October 1, 1975 through and including October 31, 1975 was noted and discussed. A request for authorization to Staff to Purchase Surplus Pro- perty was noted. Motion was made by Councilman Pate seconded by Council- man Stout that the reading of Resolution No. 75-47 be waived and that it be adopted. RESOLUTION NO; 75-47 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY RE: COMBINATION OF SURPLUS PROPERTY OVER AND UNDER $2500. PASSED AND ADOPTED this 3rd day of, November, 1975, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, DeBELL, DUFFIN, LINK, PATE, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ___ ABSENT: COUNCIL MEMBERS: None '0.."._*' Motion was made by Councilman Stout seconded by Councilman Childers that the reading of Resolution No. 75-48 be waived and that it be adopted. RESOLUTION NO. 75-48 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING THt DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE VARIOUS TYPES OF EQUIPMENT AND SUPPLIES. PASSED AND ADOPTED this 3rd day of November, 1975, by the following vote: 3741 AYES: COUNCIL MEMBERS: CHILDERS, DeBELL, DUFFIN, LINK, PATE, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Murray Ave. Imp.Proj. 75-5 Director of Public Works-City Engineer Hansen presented a request to proceed with Murray Avenue Improvement District Project 1975-5 and ex- plained said proposed project. He further noted that the Bonding Attorney would have the required resolutions for formation of said improvement project at the next regular Council Meeting. 3rd St.- A Report on the Third Street-Miller Avenue Traffic Control was ... Miller Ave. presented, and explained by Director of Public Works-City Engineer Hansen. Signalization Deferred Imp. Director of Public Works-City Engineer Hansen recommended adoption Agree. in of a policy re: Deferred Improvement Agreements in the County. Motion was County made by Councilman Link seconded by Councilman Pate and carried that the City adopt a policy to allow the County to require Deferred Development Agreements for the unincorporated areas. Mira Lorna Tract 5410 Director of Public Works-City [ngineer Hansen recommended accept- ance of the improvements in Tract No. 5410 "Mira Loma" subject to the one (1) year maintenance bond. Motion was made by Councilman Duffin seconded by Councilman Pate and carried that the improvements in Tract No. 5410 "Mira Lomall subdivision be accepted as recommended. -- One-Way Alleys Director of Public Works-City Engineer Hansen recommended introduc- tion of an ordinance amending City Code Section 15.49 regarding one-way alleys. Motion was made by Councilman Pate seconded by Councilman Duffin and carried that the proposed ordinance be introduced, the reading waived and that it be published by title and summary. Mi11erAve. Imp. Accepted Miller Ave. Imp. Proj. 75-2 & Maintenance Resurfacing /76 Proj. 75-2 Project 75-3. Downtown Alley Director of Public Works-City Engineer Hansen recommended accept- Proj.75-3 ance of the Downtown Alley Project 1975-3. Motion was made by Councilman Pate seconded by Councilman Stout and carried that the Downtown Alley Project 1975-3 be accepted as recommended. -"'. Castlewood Director of Public Works-City Engineer Hansen recommended accept- Professional ance of Castlewood Professional Center. Motion was made by Councilman Center Pate seconded by Councilman Stout and carried that Castlewood Professional Center be accepted as recommended. .Postal Service Director of Public Works-City Engineer Hansen reported on the Policy Postal Service Policy for new service areas. A resident of Gilroy addressed the Council in regard to no postal service on Ticonderoga Place. The Mayor suggested that she write the local Congressional repre- sentatives in opposition to the new Postal Service Policy. Council instructed the City Administrator to contact the local representatives in this regard. IIIIII"NI City Corp. Director' of Public Works-City Engineer Hansen requested approval Yard to proceed with Improvements at the City Corporation Yard. Motion was made by Councilman Duffin seconded by Councilman Pate and carried that authorization be given for proceeding with the recommended improvements for the City Corporation Yard. . .... '74-75 Audit Council agreed to table review of the 1974-75 External Audit in- cluding Revenue Sharing Report, of Arthur Young & Company to the next regular Council Meeting of November 17,1975. Forest St. Bocci Ball Improve. Councilman Stout noted that the Bocci Ball improvements at Forest Street Park have begun and are expected to be completed at the end of November. 'I 3742 Ind.Dir. City Administrator Wood presente9 a Contract for the Industrial Director with corrections agreed upon by Mr. Raymond C. Ball. Motion was made by Councilman Pate seconded by Councilman Stout and carried that the Mayor be authorized to execute said contract on behalf of the City. Sewer Adv. City Administrator Wood requested Council to set a Sewer Advi- Com. sory Committee Meeting with the Consultant. Council set November 5, 1975, at 10:00 a.m. Inter-City Council requested two (2) reservations for the Inter-City Council Council Meeting of November 6, 1975 in Palo Alto. Adjournment At 11:10 p.m. the Mayor adjourned the meeting. Respectfully submitted, n/Izt-.14rwJ City Cl erk