Loading...
Minutes 1985/10/21 Roll Call Consent Calendar Minutes Ord. #85-17 Bldg. Sec- urity Ord. Claim re: R.L. Pena Girl Scouts Cookie Sale 5187 October 21, 1985 Gilroy, California Mayor Hughan led the Pledge of Allegiance '':0 the Flag. The Regular Meeting of the Gilroy City Council was called to order by Her Honor Roberta H. Hughan at 8:03 p.ro. Present: Counc ilmernbers; Sharon 1->,.. Alber1:, Donald F. Gage, Paul V. Kloecker, Larry Mussallem, John E. Pa~e, Pete Valdez, Jr. and Roberta H. Hughan. Motion was made by Councilman Gage seconded by Councilman Pate that the following items under the Consent calendar be approved by the following Roll Call Vote: Ayes: Councilmembers: Albert, Gage, Kloecker, Hussallem, Pate, Valdez and Hughan: Approved tl1e Minutes of the Regular Council Heet.ing of September 30, 1985; Approved the Minutes of the Special Joint (Giln)~7/Morgan Hill) Council Meeting of October 1, 1985; Adopted Ordinance No. 85-17 enactiag Chapter 6, Article IV of the Gilroy City Code pertaining to buildil1(J securi.cy. ORDINANCE NO. 85-17 AN ORDINANCE OF THE CITY OF GILROY ENACTING CHAPTER 6, ARTICLE IV, OF ~HE GILROY CITY CODE PER~AINING TO BUILDING SECU~ITY. PASSED AND ADOPTED this 21st day of Oc~.:ober, 1935, ty the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECY~R, MUSSALLEM, PATE, VALDEZ and HCGHAH COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE; NOES: ABSENT: Denied a claim of Rose L. Pena, as recommended; Waived the municipal license fee for the Girl Scouts of Santa Clara County annuai cookie sale; and Res. #85-70 re: Adopted Resolution No. 85-70 amending Resolution No. 85-30 re: Parades parades on State Highway 152 to include Gilroy High School's annual Homecoming Parade. RESOLUTION NO. 85-70 RESOLUTION OF THE CITY COUNCIL A~'lENDING RESOLUTION' NO. 85-30 REQUESTING APPROVAL OF THE STATE OF CALIFO~IA, DEPARTMENT OF TRANSPORTATION, DIVI- SION OF HIGHWAYS, TO PERMIT PARADES WITHIN THE CITY OF GILROY FROM TIME TO TIME ON STATE ROUTE 152. PASSED AND ADOPTED this 21st day of October, 1985, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE NOES: ABSENT: 518B Bids re: East Pond Transfer Pipeline Syst. City Administrator Baksa presented a report of bids received for the construction ot the East ~ond Transfer Pipeline System at the Wastewater Treatment Plant recommending award of the bid of Valley Engineers, Fresno, in the amount of $95,700.00 subject to approval of the Joint Powers Sewer Advisory Committee. Motion was made by Councilman Pate seconded by Councilman Valdez and carried that the bid of Valley Engineers, Fresno, in the amount of $95,700.00 be awarded subject to approval of the Joint Powers Sewer Advisory Committee as recommended. It was noted that the bids would be referred to the Committee at their October 22, 1985, meeting. Bids re:Truck Chassis City Administrator Baksa presented a recommendation to pur- chase truck chassis utilizing a previous bid with the City of San Jose. ___'lI'. i lIiIiIIIlII Discussion was had by Council on the matter. Motion was made by Councilman Kloecker seconded by Councilman Mussallem and carried that authorization be given to expand the previous bid with the City of San Jose for additional truck chassis as recom- mended. Councilman Gage voted "no" on the motion. Public Hearing- Motion was made by Councilman Gage seconded by Councilman TM-J. Price Mussallem and carried that the Public Hearing to consider a Tenta- tive Map request of Jim Price for a residential condominium town- house subdivision of 18 lots on property located on the east side of Wren Avenue at Maria Way on approximately 2.62 acres zoned R3 (Medium Density Residential) District be continued to November 18, 1985, as recommended. Pub. Hear. re: 1st St. Ban of Spec. Events The Mayor stated that it was the time and to consider a ban of Special Events conducted on on First Street from Monterey Street to Westwood place scheduled private property Drive, Gilroy. A letter from Larry Frisone, property owner, was noted con- curring with the ban proposal. - A letter from Pacific Valley Bank, property owner, was noted concurring with the banning proposal and offering assistance in location of sites that do not create problems. ..... The Mayor asked if there was anyone present in the audience wishing to speak on the proposal. Ms. Susan Patereau, 7771 Church Street, addressed the Council representing the Gilroy Jaycees requesting Council to allow her organization to attempt to solve the litter and parking problem.s and meet with the businesses along First Street for a possible,solu- tion prior to the City banning Special Events on First Street be- tween Monterey St~eet and Westwood Drive. The Mayor asked if there was anyone further in the audience wishing to speak on the proposal. The Reverend Andre, representing St. Mary's Church, addressed the Council and inquired about Special Events on the Church property. He was informed that said proposed ban of Special Events on First Street would not include any activities of the Church on their own property. The Mayor asked if there was anyone further in the audience wishing to speak. There was no comment from anyone in the audience. ",.,..,,~ Motion was made by Councilman Mussallem seconded by Council- man Gage and carried that the Public Hearing be closed. Discussion was had by Council on the matter. - Motion was made by Councilman Gage seconded by Councilwoman Albert and carried that a temporary moratorium be declared banning special events on First Street from Monterey Street to Westwood Drive to February 3, 1986, Regular Council Meeting in order to allow interested persons to form a Committee to meet with the merchants on First Street for a solution of solving litter and parking prob- lems and analysis of other sites at locations other than on First Street between Monterey Street and Westwood Drive. - ~. 51 89 Council requested that: Fire and Police StC'.ff Reports be presented to them regarding City's increased costs and problems relating to Special Events on First S~reet in orcer to assist in the final decision on Feb- ruary 3, 1986. City Administrator Baksa noted that the site analysis could not be made until after other :!.ocations are received. Councilman Ga(je noted that if a final decision would no~ be reached until March, Special Events applications would probahly :-lot be filed tintil after April, anyway. The Mayor explained 'co tllf~ governmen1: students in the audience that this action would prohibit Special Events; i.e., carnivals and circuses on First S'cree'c between Mont:E!rey Stree~ and Westwood Drive, until February 3, 1986, at which time Council may decide ro declare a permanent ban of Special Events for said area. Pub. Hearing re: The Mayor stated that it was the time and place scheduled for a USA Requests Public Hearing to consider 1985 Urban Service Area Revision Requests to include 270.1 acres into the City's Urban Service Area. ~ .... Pub.Hear. re: LATP Bond Refunding ,~ ... The Staff Report was noted and further explained by Planning Director Dorn noting that Staff recommended denial of both requests, USA 85-1, Robert Tang, and USA 85-2, J. B. Howard. The Mayor asked if there was anyone present in the audience wishing to speak on the matter. Mr. Geary Coats, representing both applicants, addressed the Council requesting that the matter be continued until such time as appli- cations would be accepted. The Mayor asked if there was anyone further in the audience wishing to speak. Ms. Joyce Walker, Kern Avenue, addressed the Council urging Council to deny additional properties into the City in this vicinity because of the flooding in the area. The Mayor asked if there wishing to speak on the matter. audience. was anyone further in the audience There was no comment from anyone in the Motion was made by Councilman Gage seconded by Councilman Pate and carried that the Public Hearing be closed. Discussion was had by Council on the matter. Motion was made by Councilman Gage seconded by Councilman Pate and carried that the Urban Service Area applications be denied as recom- mended. The Mayor stated that it was the time and place scheduled to consider and determine whether the public interest, convenience and necessity require reassessment and refunding of Las Animas Technology Park Assessment District. Notices have been posted, published and mailed pursuant to law. This hearing is a hearing on the Report prepared pur- suant to the provisions of Section l2A.149.l, Division 3, Article III, Chapter l2A of the Gilroy City Code. The purpose of the reassessment and refunding proceddings is to provide relief to the owners of the property previously assessed from extraordinarily high interest rates on the bonds to be refunded. The Mayor declared the hearing open and asked the City Clerk to report on the various notices given in connection with the hearing. The City Clerk reported that notices have been posted, published and mailed as required pursuant to the provisions of Section l2A.149.l, Division 3, Article III, Chapter l2A of the Gilroy City Code. Affi- davits and certificates of posting, publishing and mailing are on file in my office. A copy of the Report prepared by Reimer Associates was filed in my office on September 3, 1985, and has been open to public inspection since that time. The Mayor noted that the report prepared by the Engineer consists of a listing of the unpaid principal and interest on the bonds to be refunded, the total estimated principal amount of the reassessment and of the refunding bonds and the maximum interest rate thereon including all incidental costs, the auditor's record showing the principal installments C)100 ..... I ./ and interest on all unpaid original assessments and the total amounts thereof, the amount of each reassessment together with a proposed auditor's record for the reassessment and a reassessment diagram. Anyone of these items may be the subject of protest or endorsement. All written protests to be computed in the protest percentage in connection with the proceedings. should have been filed with the City Clerk on or before 8:00 o'clock p.m. Protests or endorsements may be made by any person interested, but only written protests filed by the owners of the property may be con- sidered in determining the percentage of protests. The Mayor called for the Engineer's ~estimony. ... Mr. Ralph Nolfield, Engineer representing Reimer Associ- ates, addressed the Council and presented his testimony in writing to the City Clerk; -- "Gentlemen: My name is Ralph Nofield 9YL9- I am a Senior Associate with the consulting fi~ of Reimer Associates of Burl- ingame, California. Including the last eight years spent with the Reimer firm, I have a total of twen~y-five years of consulting engineering experience, which includ?s numerous assessment district assignments. My qualifications and credentials include graduation with a degree from the Berkely campus of the University of Cali- fornia and subsequent professional registration as a civil engineer in four states including California. I have served as the Project Principal and Engineer of Work for the Las Animas Technology Park Project which includes the original assessment district and the current refunding and re- assessment program. In this capacity, I have directed the engi- neering effort and actively participated in the assessment pro- ceedings. The proposed reassessment and refunding program will payoff the existing bonds as provided for under the Befunding Act of 1984 for 1915 Improvement Act Bonds. The amounts of the reassessments have be~n computed and have been spread to each parcel to properly reflect benefits received according to the criteria for spreading assessments for this project. The preliminary estimated reassess- ments presented in the Engineer's Report of September 16, 1985, have been finalized and the existing assessments on the several parcels which were shown incorrectly in the preliminary report have been corrected. ...... jj;;,...,. On the basis of my experience and knowledge of the conditions within the proposed district, it is my belief that the various properties within the district will benefit in an amount equal to or greater than the proposed assessments. It is my further opinion that the amount of the reassessment on each parcel properly ref1ects the benefits to be derived by that parcel and is fair and equitable. The formula for the reassessment is reasonable, fair and equitable and the resulting reassessments are in proportion to the special benefit which the assessed properties will receive. This presentation has been reduced to writing and a copy thereof together with all maps, plats and exhibits referred to dur- this presentation are filed with the City Clerk and made a part of the record of these proceedings. This completes my report and recommendation as Engineer of Work. Respectfully submitted, /s/ RALPH J. NOFIELD, Senior Associate, RC# No. 13508 RJN:ds" ...... The Mayor asked if there were any written protests against the proposed reassessment and refunding. The City Clerk noted that no written protests had been received. - The Mayor asked if there were any written endorsements of the proposed reassessment and refunding. The City Clerk noted that no written endorsements had been received. The Mayor asked if there was anyone present desiring to be heard. - .. - ... - .. Res. 85-71 thru 85-73 Plan. Com. Vacancy Deerpark (Harrison) RDO X " ... ~) 1 91 Mr. Philip D. Assaf, attorney representing the City's Bond Attorney, addressed the Council fur1:her explaining 'che proposal and Council action required. Mr. J-paul DUHont, Wulff, Hansen & Conpany, addressed the Council noting benefits of this proposal. The Mayor asked if there vms anyone fur'cher wishing to speak. There was no comnent from anyone in .the audience. Resolution No. B5-7l, a resol'ltion overruli'lg protests, On motion of Councilman Mussallma, seconded by Councilman Gage unanimously carried, said resolution was adopted. was read. and RESOLUTION NO. 85-71 A RESOLUTION OVERRULING PROTESTS - LAS ANIMAS TECHNOLOGY PARK ASSESSMENT DISTRICT REASSESSMENT AND REFUNDING. PASSED AND ADOPTED this 21st day of October, 1985, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE NOES: ABSENT: Resolution No. 85-72, a resolution and order adopting report and confirming the reassessment and refunding, was read. On motion of Councilman Mussallem, seconded by Councilnan Gage and un.animously carried, said resolution was adopted. RESOLUTIcm NO. 85-72 A RESOLUTION AND ORDER ADOPTING REPORT AND CONFIR11I'.TG.. TBE REASSESSMENT AND REFUNDING - LAS ANI.MAS ':':'ECHNOLOGY PARK ll_SSESSriENT 'jISTRICT RE- ASSESSMENT AND REFUNDING. PASSED AND ADOPT~D this 21st day of October, 1985, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE NOES: ABSENT: An offer to purchase all n~funding bonds regarding this issue was received from Wulff, Hansen r;, Company and Stone r. Yo'mgberg, further explained by J-paul Dumont. Resolution No. 85-73, a resolution awarding sale of refunding bonds, Las Animas Technology Park Assessment District Reassessment and Refunding (to Hulff, Hansen & Co. and Stone r" Youngberg) . PASSED AND ADOPTED this 21st day of October, 1985, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and PUGHAU COUNCIL MEMBERS: nOnE COUNCIL MEMBERS: NONE NOES: ABSENT: ~tr. Philip D. Assaf, bond attorney; noted that the Engineer's Report on file with the City Clerk, ,,10u1l1 be rmrised to indicate the maturity schedule of the bid and will be the final report. The Mayor noted discussion of the Planning Commission recommended vacancy. She noted that Council must declare a vacancy on any Commission and Council noted the recommencl3.tion at their September 16, 1985, regular meeting, however, did not declare the vacancy. She ;:ur'cher noted appJ.i- cations received from interested citizens to be placed on file for future vacancies. She asked if there was anyone present in the audience wishing to present their name for future vacancies. There was no comment from anyone in the audience. She noted that applications would be accepted through the month of November 1985. - Applications were received from the fOllowing: Bill McIntosh, Penelope K. Lockart, Tom Reed, Keith Muraoka, Marcia Arnold and Connie Rogers. Discussion was had regarding ':he Deerpayk (Harrison) RDO request. City Administrator Baksa further explained the sewer allocation for this proj ect. C) 1 9 r- ,", I L Rep. On S.Flood Control Zone Adv. Com. Cable TV Litigation Financial Report Petition re: Traffic Con- trol-Orchard Drive San Ysidro Park Mr. John Filice, representing the applicant, addressed the Council and noted that sewer allocation had been received for 38 units; and subsequently received approval of a Tentative Map for 64 units located on Thomas Road and are requesting a sewer alloca- tion transfer of 21 units from said project rather than from the Nakashima project. Motion was made by Councilman Gage seconded by Councilwoman Albert and carried that the transfer of sewer allocation of 21 units to Deerpark Project be approved as requested; Staff and owner to decide if said allocation will be taken from the Thomas Road project or Nakashima project. ...... The Mayor asked if there was anyone present in the audience wishing to speak on any matter not on the agenda. k'" Mr. Guadalupe Castaneda, City Groundskeeper, addressed the Council and noted that there is traffic congestion at the Lewis and Chestnut Street bridges. Planning Director Dorn noted that the City has plans in the Capital Improvement Project to correct the situation in approxi- mately two (2) years. The Mayor recommended that action be tabled on the Santa Clara valley Water District request for nominations for city repre- sentative and alternates on the South Flood Control Zone Advisory Committee for terms expiring October 1, 1985, to the November meeting of the Council following the November 5, 1985, General Municipal Election and requested that Council representative Mus- sallem continue as the City's representative until that time when said appointments can be reviewed. Council referred the request of R. Dennis Orrock, Mayor of San Buena-ventura, requesting financial support for Cable TV liti- gation, to the City Attorney for report and recommendation at the next regular Council Meeting. .... - The Mayor noted receipt of a petition for traffic control in the vicinity of Orchard Drive containing 201 signatures and referral of same to the City's Engineering Department for report and recommendation at the November 4, 1985, regular Council meeting. The Mayor asked if there was anyone present in the audience wishing to speak on the matter, but noted that Council would not take action on this matter at this meeting. Mr. Ron Kinoshita, Chesapeake Place, addressed the Council further explaining the petition. The Mayor asked if there wishing to speak on the matter. anyone in the audience. was anyone further in the audience There was no further comment from Councilman Gage noted that his residence is on Orchard Drive and confirmed a problem in the area. The Mayor noted that the request for additional police pro- tection at San Ysidro Park would be discussed under the Parks and Recreation Commission report. ...... "",,,fflIiliI The following informational items were noted with no separate discussion on same: Planning Staff Actions, dated September 26, 1985; Diane Joyce re: Council approval of Kaiser Medical Facility Conditional Use Permit; Bay Area Monitor - League of Women Voters of the Bay Area; Santa Clara County Medical Society re: SB 75; - - P & R Com. 10/15/85 - ..... ~ 5193 Senator Alan Cranston re: pajaro River Flood Control Project; Congressman Zschau re: Mandated Social Security for Local Govern- ment Employees; Gilroy's Garlic Festival Article ~ October 1985 issue of Western city Magazine; and Letters of apology from juveniles re: sign damage. The Mayor deviated from the regular Agenda in order to accommo- date interested persons in the audience. The Minutes of the Parks and Recreation Commission Meeting of October 15, 1985, were noted. The recommendation to adopt emergency ordinance amending City Code re: park hours was noted. The Mayor recommended that the issue be referred to the Parks and Recreation Commission for formal agendizing of said matter. The Mayor asked if there was anyone present in the audience wishing to speak. on the matter. Mrs. Loretta Ventura, Lewis Street, addressed th.e Council re- questing additional police protection at San Ysidro Park. Mrs. Beverly Kludt, addressed the Council recommending that the shrubs be trimmed at San Ysidro Park to discourage drug dealings that she has noted taking place at said location and requested regular patrol of the park. Guadalupe Castaneda, City Groundskeeper at San Ysidro Park, addressed the Council noting that Monday through Friday between 8:00 a.m. and 5:00 p.m., the children are completely safe as long as city employees are present. He recommended that the Tiny Tot Program not be removed from this park. Mrs. Mary Castro addressed the Council and noted that she is a resident of the area and has viewed use of alcoholic beverages at the Park. Discussion was had byCouncii on the matter. Motion was made by Councilman Mussallem seconded by Councilman Gage and failed by the follm'.1ing Roll CC'.ll Vote to support the recom- mendation to close San Ysidro Park at dusk to inchvJe no curbside parking. Ayes: Counci lmembers,: Gage and:~1ussallem. Noes: Counci lmembers: Albert, Kloecker, Pate, Valdez and Hughan. Council referred the matter to the Parks and Recreation Commission Task Force Committee to report back to Council in December and act upon the Tiny Tots Program prior to November 4, 1985, when the class is scheduled to begin at San Ysidro Park. Mrs. Connie Rogers, Chairperson of the Parks and Recreation Com- mission addressed the Council noting that the Task Force intends to appoint San Ysidro residents as a part of their committee to attempt to solve the problem. Councilwoman Albert suggested that a representative from the School District be on the Task Force committee and that the Police Department increase enforcement at San Ysidro Park. Noted the Minutes of the Senior Citizens' Advisory Council Meeting of September 16, 1985. Noted the Minutes of the Golf Course Advisory Committee Meeting of October 8, 1985. The Mayor continued with the regular Agenda. 5194 Plan. Com. 10/3/85 The Report of the Planning Commission Meeting of October 3, 1985, was noted. Lib. & Cult. Com. The Minutes of the Library and Culture Commission Meeting of 9/9/85 September 9, 1985, were noted. Personnel Com. 10/14/85 The Report of the Personnel Commission Meeting of October 14, 1985, was noted. Ind. Waste Insp. Noted the recommendations to adopt classification and salary & Fire Proto range for Industrial Waste Inspector and for Fire Protection Spec- Specialist ialist. Dir. of Finance Use of Council Chambers Computer Sewer Allo- cations Co. Library Formula 3rd Qtr. Reports Sewer Allo- cations City Auction Design Review Rl Lots ... Motion was made by Councilman Gage seconded by Councilwoman Albert and carried that the classifications and salary ranges tor. Industrial Waste Inspector and for Fire Protection Specialist be approved as recommended. .... City Administrator B~k~a noted the procedure regarding recent examinations for the position of Fire Fighter. Discussion was had in regard to recruitment for a Hazardous Materials Specialist. City Administrator Baksa recommended appointment of Cecil A. Reinsch as Director of Finance as provided in Article VI, Section 2.39 of the City Code. Motion was made by Councilman Pate seconded by Councilman Gage and carried that Cecil A. Reinsch b~ appointed Director of Finance'as recommended. City Administrator Baksa presented and explained a recom- mendation to charge the Municipal Court $100.00 per day for use of the Council Chambers.. ... Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that $100.00 per day be ;charged for any con- tinued uSe of the Council Chambers unless specifically waived by Council. I:~'" City Administrator Baksa gave an update of the Computer Task Force Committee and noted that a recommendation to Council is pro- psoed for the November 4, 1985, regular Council Meeting. City Administrator Baksa gave an update on the sewer allo- cations and noted that official action is proposed for the Novem- ber 4, 1985, regular Council Meeting. City Administrator Baksa requested Council input regarding the County Library Formula. Councilman Kloecker noted that he would provide his suggestions to the City Administrator. City Administrator Baksa noted distribution of the Third Quarter Reports. City Administrator Baksa requested Council policy regarding the "fill-in" category for sewer allocations. Discussion was had on the matter. ... Motion was made by Councilman Pate seconded by Councilwoman Albert and carried that the "fill-in" category apply only to existing lots. ~~ City Administrator Baksa.noted that the City Auction is scheduled for November 2, 1985. Councilman Kloecker inquired of , City requirements regarding design review of new single-family residences on individual lots. Planning Director Dorn noted that the City does not require design review of single-family houses up to four. So. Co. Housing Funding City Auction Co. Gen. Plan Amendments Adjournment .. 5195 , Councilman Kloecker suggestF-d that the City have control of same to ~void identical single-family homes adjacent to each other. Motion was made by Councilman Kloecker seconded by Councilwoman Albert and carried that the Zoning Ordinance be amended to require design review of new single family residences adjacent to each other and that same be included in the next Zoning Ordinance amendment process. Councilwoman Albert reported additional funds approved for South County Housing and that a November meeting is scheduled for some of the reallocation. Assistant city Administrator Reinsch recommended that the Council declare the objects to be sold at the City Auction as surplus material. Motion was made by Councilman Mussallem seconded by Councilman Gage and carried that the objects proposed to be sold at the City Auction be declared surplus material as recommended. The Mayor noted that the County Planning Commission had denied four of the proposed County's General Plan Amendments and that a hearing before the Board of Supervisors is scheduled for sometime in November and that the City representatives will attend and present the City's recommendations for denial. At 10:39 p.m., the Mayor adjourned the meeting to a continued Closed Session re: personnel matters. At 10:55 p.m., the Mayor reconvened the meeting and further adjourned. Respectfully submitted, ~~t~~erk