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Minutes 1981/05/18 Intro. New Employees ,.,..., Roll Call. ..... Consent Calendar Minutes Salary Increases Ord. #81-17 re: PERS ....... , ... Pub. Hear. re: Prezoning & Rezoning-Filice Est. Vyds., Hanna, et a1 Pub. Hear. re: Rezoning- DeBell 4571 May 18, 1981 Gilroy, California The Regular Council Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:03 p.m. The Mayor introduced new employee Richard V1aste1ica, Public Works Maintenance, noting that Raymond B. Gonzalez, Wastewater Treatment Plant Operator I, was not present for introduction. Present: Council Members: Sharon Albert, Roberta H. Hughan, Marion T. Link, John E. Pate, Robert E. Taylor and Norman B. Goodrich. Absent: Council Member: Brian D. Cunningham. Motion was made by Councilman Link seconded by Councilman Pate that the following items under the Consent Calendar be adopted by the following Roll Call Vote: Ayes: Council Members: Albert, Hughan, Link, Pate, Taylor and Goodrich. Absent: Council Member: Cunningham. Approved the Minutes of the Regular Council Meeting of May 4, 1981; Approved Salary Achievement Increases for the following three (3) City Employees: Sa1 Duckworth-Lanzo, Jr. Civil Engineer, Range 35.5 from Step D, $2,004 to Step E, $2,103; Ascencion Salinas, Wastewater Treatment Plant Operator I, Range 28 from Step A, $1,202 to Step B, $1,261; and Joe Deras, Multi-Service Officer, Range P30 from Step A, $1,368 to Step B, $1,436; Adopted Ordinance No. 81-17 Amending the PERS Contract. ORDINANCE NO. 81-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. PASSED AND ADOPTED this 18th day of May, 1981, by the following vote: AYES: COUNCI L MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: CUNNINGHAM; Set June 1, 1981, as a Public Hearing date on a request of Filice Estate Vineyards, Hanna, et a1, to prezone approximately 23.73 acres to RH (Hillside) District and for approximately 8.2 acres to R1 PUD (Single-Family) Planned Unit Development Districts; and rezone 45.65 acres from R1 to RH located on the south side of Mante11i Drive, west of Morey Avenue, and north side of Hecker Pass Highway, west of Morey Avenue, totalling approximately 77.58 acres; Set June 1, 1981, as a Public Hearing date on a request of Dennis L. DeBell to rezone approximately 3.3 acres from M2 (General Industrial) to CM (Commercial/Industrial) District located at 8505 Church Street, north of We1burn Avenue; Claim-Hernandez/ Denied a claim of M. Hernandez and A. Medina for Personal Medina Injuries; "..." . i Dev. Agree.- Woolworth Dev. Agree.- A. G. C., Inc. - Approved a Development Agreement, lands of Woolworth; and Approved a Development Agreement for A.G.C. Inc., and reduced street section. Bids re: Obata Noted a Report on bids received for Obata Industrial Park Assess- Ind.Pk. Assess. ment District to be discussed under Item IV.2, Public Hearing re: said Dist. assessment district. Bids re: Flail Mower City Administrator Wood presented and explained a report and recommendation to award the bid of E. R. Bacon Co. in the amount of $1,854.17 for a Flail Mower. 4572 Bid re: Wren Ave. Sewer Imp. Proj. 81-1 Bid re:Church St. Maint. Re- surfaci ng Proj. 81-3 Pub.Hear. re: Murray Ave.75-5 Imp. Dist. Assess. #7-A Res. #81-48 Pub.Hear. re: Obata Ind.Pk. Assess.Dist. Motion was made by Councilman Pate seconded by Councilman Link and carried that the bid of E. R. Bacon Co. in the amount of $1,854.17 for a Flail Mower be awarded to include the recommended budget amendment for same. Director of Public Works-City Engineer Hansen presented and explained a report recommending awarding the bid of Caprista Under- ground Inc. in the amount of $21,351.20 for Wren Avenue Sewer Im- provement Project 1981-1. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the bid of Caprista Underground Inc. in ~ the amount of $21,351.20 be awarded for the Wren Avenue Sewer Im- I i provement Project 1981-1, as recommended. ... Director of Public Works-City Engineer Hansen presented and explained a report recommending a\'Jarding the bid of Granite Con- struction Company in the amount of $36,204.84 for the Church Street Maintenance Resurfacing Project 1981-3. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the bid of Granite Construction Company in the amount of $36,204.84 be awarded for the Church Street Maintenance Resurfacing Project 81-3 as recommended. The Mayor stated that it was the time and place scheduled for a Public Hearing on proposed amended Assessment, Murray Avenue Improvement District 1975-5, Assessment No.7-A. Director of Public Works-City Engineer Hansen presented and explained the Engineer's Report. 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 Pate and carried that the Public Hearing be closed. - Motion was made by Councilman Link seconded by Councilman Pate that the reading of Resolution No. 81-48 be waived and that it be adopted. RESOLUTION NO. 81-48 A RESOLUTION CONFIRMING AMENDED ASSESSMENT - MURRAY AVENUE IMPROVEMENT DISTRICT 1975-5 - ASSESSMENT NO.7-A. PASSED AND ADOPTED this 18th day of May, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: CUNNINGHAM The Mayor stated that it was the time and place scheduled for a Public Heairng on the proposed Obata Industrial Park Assessment District. City Administrator Wood reported that the Petition and consent to additional work and increase in the assessments for said district had not been received. ~ , 1 Mr. Philip D. Assaf, attorney, addressed the Council and recommended that the Public Hearing be continued in order to receive the necessary signatures and further recommended that the bid of Wulff, Hansen & Co. for the bonds be accepted subject to the work proceeding. City Administrator Wood presented the bid of Wulff, Hansen & Co. in the amount of (not to exceed $2,209,494.00) average net interest 11.129088%; 15 year term. -- Res. #81-49 ""....! ...,.., Petition re: Mantell i Re- organization 81-1 Res. .#81-50 !IIII""I\, .- A/S 81-8 Castle (Jamina) Garlic Festival ., , I ..... Lot Spl it Mesa Rd. (Burge) 4573 Motion was made by Councilman Link seconded by Councilman Pate and carried that the Public Hearing on the proposed Obata Industrial Park Assessment District be continued to June 1, 1981. Motion was made by Councilman Link seconded by Councilman Pate that the reading of Resolution No. 81-49 be waived and that it be adopted awarding the Sale of Bonds to Wulff, Hansen & Co., subject to the pro- posed Obata Industrial Park Assessment District being successfully con- sumated. RESOLUTION NO. 81-49 A RESOLUTION AWARDING SALE OF BONDS - OBATA INDUSTRIAL PARK ASSESSMENT DISTRICT. PASSED AND ADOPTED this 18th day of May, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: CUNNINGHAM The Mayor noted receipt of a petition from Bert Mante11i, et a1, requesting annexation of approximately 10.87 acres of uninhabited terri- tory to be known as "Mantelli Reorganization 81-1 to the City of Gilroy.1I Discussion was had on the matter. Motion was made by Councilman Pate seconded by Counci1man"Link that the reading of Resolution 81-50 be waived and that it be adopted annexing said territory and removing same from the South Santa Clara County Fire District. RESOLUTION NO. 81-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY PURSUANT TO DIRECTION BY SANTA CLARA COUNTY LOCAL AGENCY FORMATION COM~1ISSION WITH REGARD TO A REORGANIZATION PURSUANT TO THE DISTRICT REORGANIZATION ACT OF 1965 DESIGNATED AS MATNELLI REORGANIZATION 81-1 OF THE CITY OF GILROY. PASSED AND ADOPTED this 18th day of May, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: CUNNINGHAM Associate Planner Myer presented and explained a revised Staff Report re: A/S 81-8 for 16 Single Family Detached and Attached Units, at 8660 and 8670 Murray Avenue, between Burke Drive and Gavi1an Court, Mike Castle (Jamina), applicant. Motion was made by Councilman Taylor seconded by Councilman Link and carried that the changes for A/S 81-8 be approved as recommended and approved by Staff. A letter from the Gilroy Garlic Festival was noted requesting exclusive use of Christmas Hill Park for their annual celebration. Parks and Recreation Director Ayer further explained the request. Motion was made by Councilman Taylor seconded by Councilman Pate and carried that the request of the Gilroy Garlic Festival for exclusive use of Christmas Hill Park for their annual celebration be approved as recommended. City Administrator Wood presented and explained a letter from Peter Burge, et ux, requesting reconsideration of a lot split on Mesa Road. Discussion was had on the matter. Mr. Peter Burge, applicant, addressed the Council and further explained his request. 4574 Res. #81-51 Jt. Gil roy /M. H. Meeting Emsee Trans.Co.- Temp.Trai1er Permit Bonanza Days Res. #81-52 Motion was made by Councilman Link seconded by Councilman Pate and carried that the request for a lot split be approved with no lot solits to be allowed less than one-half (~) acre. City Administrator Wood presented a request of the California Building Officials for a resolution proclaiming Building Safety Week. ~1otion was made by Counci 1man Pate seconded by Counci 1man Link that the reading of Resolution No. 81-51 be waived and that it be adopted. RESOLUTION NO. 81-51 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY RELATIVE TO THE OBSERVANCE OF BUILDING AND SAFETY WEEK. PASSED AND ADOPTED this 18th day of May, 1981,by the following vote: AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: CUNNINGHAM ~ Ii , ..... City Administrator Wood presented a letter from the City of Morgan Hill suggesting July 14, 1981, as a date for the next Joint Gilroy/Morgan Hill City Council Meeting to be hosted by the City of Morgan Hill. Council concurred. A letter from Emsee Transportation Company requesting a six (6) months extension for their temporary mobile office building expiring June 4, 1981, was noted. Motion was made by Councilwoman Albert seconded by Council- woman Hughan and carried that the request of Emsee Transportation Company for an extension of their temporary trailer permit be denied. A letter from the Gilroy Bonanza Days was noted requesting approval of City facilities for their annual celebration and parade. Motion was made by Councilman Link seconded by Councilman Pate and carried that Gilroy Bonanza Days be granted approval of City facilities as requested. Motion was made by Councilman Link seconded by Councilman Pate that the reading of Resolution No. 81-52 be waived and that it be adopted approving the request of Gilroy Bonanza Days for their annual parade permit. ~ - RESOLUTION NO. 81-52 RESOLUTION OF THE CITY COUNCIL REQUESTING APPROVAL OF THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS TO PERMIT A PARADE WITHIN THE CITY OF GILROY. PASSED AND ADOPTED this 18th day of May, 1981, by the fOllowing vote: AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: CUNNINGHAM C.Da1e Springer- A letter from Planning Commissioner Springer resigning from Plan. Com. said Commission was noted. Motion was made by Councilman Pate seconded by Councilman Link and carried that Planning Commissioner Springerls letter of resignation be accepted with regret. Motion was made by Councilwoman Albert to establish a date for submitting interested person's qualifications to Council for review. Motion died for lack of a second. ~ I '~ ...... The Mayor requested that interested persons and Council Members' suggestions for a Planning Commission appointment be referred to him by the next regular Council Meeting of June 1, 1981 for appointment at the June 15, 1981, regular Council Meeting. ",... \ P1 an. Com. Report 5/7/81 Personnel Com. 5/11/81 ...... 4575 The following informational items were noted with no separate discussion on same: State Fire Marshal on Jail Inspection; South Santa Clara County Housing Development Corporation submittal of New Article in re: to Local Developments; and County of Santa Clara commending Gilroy's "Driving Under the Inf1 uence Enforcement Program. II The Report of the Planning Commission Meeting of May 7, 1981, was noted. The Report of the Personnel Commission Meeting of May 11, 1981, was noted. Sports Officials Parks and Recreation Director Ayer explained the request for Pay Scale establishment of a pay scale for Sports Officials. Motion was made by Councilwoman Hughan seconded by Councilman Taylor and carried that the Pay Scale for Sports Officials be established as recommended. Employees' Probati onary Peri od 1981-82 Budget -- .... Personnel Rules & Regulations Motion was made by Councilman Link seconded by Councilwoman Hughan and carried that the extension of an employee's probationary period be affirmed as recommended. City Administrator Wood noted submission of the 1981-82 Preliminary Budget and suggested Study Sessions for same. Council set the fOllowing dates for Study Sessions on said budget: May 21,1981,7:30 p.m.; May 26, 1981,7:30 p.m.; and May 28,1981, 3:00 p.m. City Administrator Wood noted the recommendation to revise the Personnel Rules & Recommendations. Personnel Director Booth further explained same. Police Officer Timewe11, representing the Gilroy Police Officers' Association, addressed the Council requesting reconsideration of the termination rights of a probationary employee. Motion was made by Councilman Pate seconded by Councilman Link and carried that the termination rights of probationary employee under the proposed Personnel Rules and Regulations be referred to Staff for study and recommendation. Res.#81-53 re: City Administrator Wood presented a recommendation to renew the Coop. Personnel Contract with Cooperative Personnel Services. Services .~ i I ; i .... Uvas Proj. Recreati on Element Motion was made by Councilwoman Hughan seconded by Councilman Pate that the reading of Resolution No. 81-53 be waived and that it be adopted authorizing the City Administrator to enter into and sign an agreement with the State of California, California State Personnel Boards, Cooperative Personnel Services Division, for the purpose of performing examining services for the City of Gilroy. RESOLUTION NO. 81-53 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A CONTRACT WITH THE STATE OF CALIFORNIA FOR COOPERATIVE PERSONNEL SERVICES. PASSED AND ADOPTED this 18th day of May, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: CUNNINGHAM. City Administrator Wood presented a request of the Corps of Army Engineers in re: to the Recreation Element - Uvas Project. 4576 Census Res. #81-54 Fi re Dept. Annual Report State Loan re: Low Energy Li ghti ng Gavil an Water Di st. Adjournment Motion was made by Councilwoman Hughan seconded by Councilman Pate and carried that approval be given to execute a contract for cost sharing and operation and maintenance of the recreational por- tion of said project. City Administrator Wood presented a report on the State Department of Finance Population Estimate and revised report cor- recting same to be 22,263. Motion was made by Councilman Link seconded by Councilman Pate and carried that said population estimate be accepted for certi- fi cati on of same. ~ 'i City Administrator Wood presented a recommendation for authorization to acquire a Tax Sale Parcel of land. ..... Motion was made by Councilman Pate seconded by Councilman Link that the reading of Resolution No. 81-54 be waived and that it be adopted as recommended. RESOLUTION NO. 81-54 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING ACQUISITION OF A TAX SALE PARCEL OF LAND PASSED AND ADOPTED this 18th day of May, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and GOODRI CH COUNCIL MEMBERS: NONE COUNCIL MEMBER: CUNNINGHAM NOES: ABSENT: City Administrator \~ood presented a report noting receipt of the Annual Report of the Gilroy City Fire Department. Fire Chief Brittain further explained same. ~ City Administrator Wood presented a contract with the State of California for a loan for installation of low energy lighting. Motion was made by Councilman Link seconded by Councilman Pate and carried that Staff be authroized to enter into said con- tract with the State of California as recommended. ....... City Administrator Wood presented a bill from the Gavi1an Water Conservation District for payment under protest to allow the City Attorney to proceed with investigation of same. Motion was made by Councilman Pate seconded by Councilman Link and carried that the bill from the Gavi1an Water Conservation District be paid under protest as recommended. At 9:56 p.m., the Mayor adjourned the meeting. Respectfully submitted, ~-v~ .~ r City Clerk r-, I ' , .......