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Minutes 1982/06/21 4'758 Roll Call Consent Calendar r~i nutes Sa 1 a ry Increases Cl ai m-Agui rre, et al Budget Transfers Pub.Hear. re: Sewer Ease- ment, Tr. #6663 June 21, 1982 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: Sharon A. Albert, Donald F. Gage, Roberta H. Hughan, Marion T. Link, Robert E. Taylor, Pete Valdez, Jr., and Norman B. Goodrich. Motion was made by Councilman Link seconded by Councilwoman Hughan that the following ite~s under the Consent Calendar be approved by the following Roll Call Vote, excluding Item II.D, re: Williamson Act Contract Cancellation request of Gilroy Country Club Estates, re- quested by the applicant: Ayes: Council Members: Albert, Gage, Hughan, Link, Taylor, Valdez and Goodrich. Approved the Minutes of the Regular Council Meeting of June 7, 1982 ; Approved the Minutes of the Adjourned Regular Council Meeting of June 8, 1982; Approved the following Salary Achievement Increases for Nine (9) City Employees: Carol Sanford, Records Clerk, Range 23.5 from Step 0, $1,411 to Step E, $1,482; Pam Popovich, Community Services Specialist, Range 30.5 from Step B, $1,794 to Step C, $1,884; Romeo Dekelaita, Police Officer, Range 32.5 from Step B, $1,977 to Step C, $2,076; Mark Good, Police Officer, Range 32.5 from Step C, $2,076 to Step 0, $2,180; Luby Sanches, Clerk Typist I, Range 22.5 from Step C, $1,132 to Step 0, $1,184; Louis Palacios, Engineering Aide, Range 28 from Step C, $1,475 to Step 0, $1,550; and Charles Myer, Associate Planner, Range 37.5 from Step 0, $2,463 to Step E, $2,587, effective July 1, 1982; Steve Ford, HCD Coordinator, Range 35.5 from Steo 0, $2,232 to Step E, $2,343, retro- active to June 1, 1982; and Arturo Duenas, Wastewater Treat~ent Plant Operator I, Range 28, from Step C, $1,475 to Step 0, $1,550, retroactive to May 1, 1982; Denied a personal damage claim of the County of Santa Clara re: Aguiree, et al; and Approved Budget Transfers and Car~y-Overs for projects in progress. The Mayor stated that it was the time and place scheduled for a public hearing on Intent to Abandon a Sewer Easement Within Tract 6663 (Woodworth Lands). Res. #82-87 ".,., I ..... Pub. Hear. re: Tent. Map- 1. Rui z ..... ... Res. #82-88 Pub.Hear. re: Tent. Map- Arita & Fujita ,..... .... 4759 The Staff Report was noted and further explained by City Administrator Wood. The Mayor asked if there was anyone present in the audience wishing to speak for or against the matter. There was no comment from anyone in the audience. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the Public Hearing be closed. Motion was made by Councilman Link seconded by Councilman Taylor that the reading of Resolution No. 82-87 abandoning said easement be waived and that it be adopted. RESOLUTION NO. 82-87 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ABANDONING A PORTION OF A SANITARY SEWER EASEMENT IN TRACT #6663. PASSED AND ADOPTED this 21st day of June, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE The Mayor stated that it was the time and place scheduled for a Public Hearing on a Tentative Map request for a Commercial Subdivision of Ten (10) Condominium Lots on property located west of Monterey Street and south of Ronan Avenue, zone CM (Commercial/Industrial) District on approxi- mately 1.03 acres, Tom Ruiz, applicant. The Staff Report was noted and further explained by Planning Director Dorn. The Mayor asked if there was anyone present in the audience wishing to speak for or against the proposal. There was no comment from anyone in the audience. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the Public Hearing be closed. Motion was made by Council~an Link seconded by Councilwoman Hughan that the reading of Resolution No. 82-88 be waived and that it be adopted approving the Tentative Map with conditions as recommended. RESOLUTION NO. 82-88 A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING A TENTATIVE MAP FOR A 10 LOT COMMERCIAL SUBDIVISION ON 1.03 ACRES ON THE WEST SIDE OF MONTEREY STREET, SOUTH OF RONAN AVENUE. PASSED AND ADOPTED this 21st day of June, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE The Mayor stated that it was the time and place scheduled for a Public Hearing on a Tentative Map request for an Industrial Subdivision of Nine (9) Condominium Lots, on property located east of the South Valley Freeway, south of Tenth Street, on Brem Lane, zoned M2(General Industri al) District on approximately 0.9 acres, Don T. Arita and Frank Fujita, appli- cants. The Staff Report was noted and further explained by Planning Director Darn. The Mayor asked if there was anyone present in the audience wishing to speak on the matter. Mr. Gary Carnes, representing the applicant, addressed the Council and requested that the applicant be allowed to install the water meters as the units are sold. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. There was no comment from anyone in the audience. 4760 Res. #82-89 Pub.Hear. re: Zon. Ord. Amendment Sec. 68 Pub.Hear. re: 1982-83 Budget 01 d Quad r~ora- tori um-M. Lechuga Motion was made by Councilwoman Hughan seconded by Councilman Link and carried that the Public Hearing be closed. Motion was made by Councilman Gage seconded by Councilwoman Hughan that the reading of Resolution No. 82-89 be waived and that it be adopted approving the Tentative Map with conditions as recommended to include installation of the nine (9) water meters when the buildings are constructed. RESOLUTION NO. 82-89 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING A TENTATIVE MAP FOR 9 CONDOMINIUM LOTS ON 0.9 ACRES ON THE EAST SIDE OF THE SOUTH VALLEY FREEWAY, SOUTH OF TENTH STREET, ON BREM LANE. PASSED AND ADOPTED this 21st day of June, 1982,by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: LINK and TAYLOR ABSENT: COUNCIL MEMBERS: NONE I~ , I I i ....... The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a Zoning Ordinance Amendment to Section 68 to clarify the intent of the sign regulations. The Staff Report was noted and further explained by Planning Di rector Dorn. The Mayor asked if there was anyone in the audience wishing to speak on the matter. There was no comment from anyone in the audience. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the Public Hearing be closed. Motion was made by Councilman Taylor seconded by Councilman Gage and carried that the proposed ordinance be introduced, the reading waived and that it be published by title and summary. ...... The Mayor stated that it was the time and place scheduled for the Public Hearing on the 1982-1983 Budget. It was noted that Council had not completed their Budget Study Sessions on the 1982-83 Budget and that this hearing would be continued to a later date. Fire Chief Brittain presented and explained a report requesting replacement of specific equipment. - The Mayor asked if there was anyone present in the audience wishing to sneak on the matter. Mrs. Mildred Hanna, representing the Senior Citizens Center, ad- dressed the Council requesting than an emergency fund of $3,000 to $4,000 be provided in the 1982-83 Budget to provide for funding in the event a situation occurred in the Senior Citizens Office where the coordi- nator and secretary were not allowed to continue their services due to no funds available. The Mayor asked if there was anyone further in the audience wishing to speak on the 1982-83 proposed Budget. There was no comment from anyone in the audience. Motion was made by Councilwoman Hughan seconded by Councilman Link and carried that the public hearing be continued to June 28, 1982, at 8:00 p.m. /....., , '- A request of Mr. M. Lechuga for waiver of the Old Quad Moratorium was noted and further explained by Planning Director Dorn. Motion was made by Councilman Link seconded by Councilman Taylor and withdrawn to allow the two (2) units requested provided the garage is not used for this development. rlotion was made by Councilman LInk seconded by Councilman Taylor and carried that the request be continued to the next regular Council Meeting in order to allow Staff to notify the property owners on both sides of the street of the proposed request and possible action. Garlic Festi val J!III""I "' Temp. Trai ler Permi t-J. Ba rrow I I...,.. Ice Cream Vendor's License --- -- 4761 A request of the Gilroy Garlic Festival Committee was noted in regard to City participation in the Garlic Festival security costs, further explained by Tim Filice, President of the Committee. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the matter be tabled to the next Budget Study Session. The Mayor asked if there was anyone present in the audience wishing to speak on any matter not on the Agenda. There was no comment from anyone in the audience. A request of Mr. James R. Barrow for a temporary trailer permit at 95 Leavesley Road was noted. Motion was made by Councilman Link seconded by Councilman Taylor and carried that a one year extension be granted Mr. Barrow for a temporary trailer nermit at 95 Leavesley Road to expire July 6, 1983. Areoewal request of Linda Contreras for a Municipal Ice Cream Vending License was noted. City Administrator Wood noted that the City intends to amend the City Code regarding said vending licenses to allow Staff to issue said licenses without Council approval. Motion was made by Councilwoman Hughan seconded by Councilman Link and carried that Ms. Linda Contreras be granted an Ice Cream Vending License as requested. The fOllowing informational items were noted with no separate dis- cussion on same: League of California Cities Capitol Briefing No.6, dated June 2, 1982; Mary Proffitt Commending the Gilroy Museum Director; Assemblyman E. L. Konnyu in re: to Democrats Proposed Budget Reduc- tion; and Assemblyman J. Vasconcellos in re: to Bud~et Reduction. P & R Minutes The Parks and Recreation Commission Minutes of " their June 15, 1982, Meeting were noted. Sr. Citizens A request for approval to process an application for a Senior Citi- Grant zens Grant was noted and further explained by Parks and Recreation Director Ayer and Mr. Tito Cortez, Council on Aging. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the request to process an application for a Senior Citizens' Grant be approved provided that the qrant funds would cover the total cost of the position requested in the grant. Ut il ity Accounts ",...... Mee t & .... Confer Ins. Premi ums Parking Citation Coll ecti ons The Mi n utes of the Sen i or Citizens I Advi sory Counc il ~leet i ng of May, 1982, were noted. City Administrator Wood presented a recommendation to write-off uncollectible utility accounts in the amount of $4,503.14. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the uncollectible utility accounts be written off as recommended. A letter from AFSCME was noted in regard to Meet and Confer Act regarding lay-offs. A report on insurance premium savings was noted. City Administrator Wood presented a report on an agreement covering the collection of delinquent parking citations. Motion was made by Council- woman Hughan seconded by Councilman Gage and carried that the agreement be approved and that the City enter into a contract with the County for said collections and that same be executed. 4762 Executive Session Mortgage Rev. Bonds Ronan-Liman Assessment Di st. Res. #82-90 Res. #82-91 Res. #82-92 566 Channel Landscaping Las Animas RR Xing City Administrator Wood requested an Executive Session fOllowing this agenda to discuss potential litigation. City Administrator Wood presented a report and recommendation regarding Santa Clara County Single Family Mortgage Revenue Bonds. Motion was made by Councilman Taylor seconded by Councilman Link and carried that the Developer Agreement Amendment be approved to increase median household income up to 150% and that said agreement be executed as recommended. City Administrator Wood presented resolutions regarding Ronan J Avenue-Liman Avenue Assessment District. .... 1 Motion was made by Councilman Link seconded by Councilman Taylor that the reading of Resolution No. 82-90 be waived and that it be adopted Ordering Deletion of Certain Work for Ronan Avenue-Liman Avenue Assess- ment Di stri ct. RESOLUTION NO. 82-90 A RESOLUTION ORDERING DELETION OF CERTAIN WORK - RONAN AVENUE-LIMAN AVENUE ASSESSMENT DISTRICT. PASSED AND ADOPTED this 21st day of June, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE Motion was made by Councilman LInk seconded by Councilman Taylor that the reading of Resolution No. 82-91 be waived and that it be adopted Ordering Reduction of Certain Assessments. RESOLUTION NO. 82-91 A RESOLUTION ORDERING REDUCTION OF ASSESSMENTS - RONAN AVENUE-LIMAN AVENUE ASSESSMENT DISTRICT. PASSED AND ADOPTED this 21st day of June, 1982, by the following vote: AYES: COUNCIL MEr-1BERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ., ....... Motion was made by Councilman LInk seconded by Councilman Taylor that the reading of Resolution No. 82-92 be waived and that it be adopted Determining Unpaid Assessments and Providing for Issuance of Bonds ($192,366.35). " RESOLUTION NO. 82-92 A RESOLUTION DETERMINING UNPAID ASSESSMENTS AND PROVIDING FOR ISSUANCE OF BONDS - RONAN AVENUE-LIMAN AVENUE ASSESSMENT DISTRICT. PASSED AND ADOPTED this 21st day of June, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE City Administrator Wood presented a request of the Soils Conserva- tion Service for two (2) years, use of City water at no charge to irri- ~~~ ~:~~~~~ portions of the 566 Channel during the landscape establish- ':J Motion was made by Councilwoman Hughan seconded by Councilman Link and carried that the City provide use of water to the Soils Conser- vation Service for two (2) years to irrigate certain portions of the 566 Channel as recommended. A Report regarding the Public Utilities Commission proposal to close Las Animas Avenue Railroad Crossing was noted. Council took no action on same to await the PUC Hearing on said matter. June Pri mary Candidate's Signs Trans. Com. Trans. Com. Rep. Budget Study Session Airport Land Use Com. Sewer Treat. Pl. Project 4th of July Fi reworks Hurst Tool Adjournment ... 4763 , : Councilwoman Albert gave a public appeal to the newspapers to ad- vise all candidates in the June Primary to remove their political signs located throughout the City. Councilwoman Hughan reported that the County Transportation Commission has taken action on the Highway Task Force recommendations to include additional funds for improvements of Highway 152. The Mayor reappointed Councilwoman Hughan as Council representative on the County's Transportation Commission for a two (2) year term expiring June 30, 1984. The Mayor announced the next Budget Study Ression has been scheduled for June 22, 1982, at 8:00 p.m. City Administrator Wood reported that the Airport Land Use Commission is reorganizing and requests a recommendation for one representative from South County; that the City of Morgan Hill has requested that the representa- tive be from the City of Gilroy. The Mayor appointed Councilman Taylor as said representative. City Administrator Wood presented a letter from the State noting that acceptance of the Sewer Treatment Plant contract will not affect receipt of any potential grant for the aearation system. Discussion was had on the matter. Motion was made by Councilman Link seconded by Councilwoman Hughan and carried that the City accepts the contract work for the Wastewater Treatment Plant Project with reservations regarding unsatisfactory design and supplier of materials for same. Director of Parks and Recreation Ayer reported that the 4th of July Event Committee has collected $2,000.00 for fireworks to date and are in need of $300.00 to satisfy the $2,300.00 contract and will hopefully collect the balance of funds needed prior to the event. Fire Chief Brittain reported that the First Interstate Bank donated $3,065.56 toward purchase of the Hurst Tool and accessories for same and that sufficient funds are now available to purchase said tool. He invited the Council to a Hurst Tool demonstration on June 26, 1982, at 11:00 a.m. at 9th and Chestnut Streets. At 9:40 p.m., the Mayor adjourned to an Executive Session of the Counci 1 . At 10:12 p.m., the Mayor reconvened the meeting. Motion was made by Councilman Link seconded by Councilwoman Hughan and carried that the Executive Session be adjourned to Tuesday, June 22, 1982, at 8:00 p.m. and that this meeting adjourn to a regular adjourned Meeting on June 28, 1982, at 8:00 p.m. Respectfully