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Minutes 1981/10/05 RollCall -- I P & R Gold __ Medal Awards Consent Calendar Minutes Claim Budget Amendment Bi d re: Garden Trail er ~;'"11 - Pub.Hear. re: HCD Budget ",... "- 4633 October 5, 1981 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:03 p.m. Present: Council Members: Roberta H. Huohan, John E. Pate, Robert E. Taylor and Norman B. Goodrich. Absent: Council Members: Brian D. Cunningham and Marion T. Link. Director of Parks and Recreation Ayer introduced Mr. Pete Gong, Owner of Sports Unlimited, who presented the Mayor and City Council with a Finalist Gold Medal Award for Excellence of Park and Recreation Manage- ment and a Medalist Award for Outstanding Community Achievement for Physically and Mentally Handicapped Citizens, noting said awards are sponsored by the National Recreation Park Association in conjunction with Sports Foundation of America. Motion was made by Councilman Pate seconded by Councilwoman Hughan that the following items under the Consent Calendar be approved by the following Roll Call Vote: Ayes: Council Members: Hughan, Pate Taylor and Goodrich. Absent: Council Members: Albert, Cunningham & Link. Approved the Minutes of the Regular Council Meeting of September 21, 1981; Denied a Claim of Ray Aguirre, Sr., et al; and Approved a Budget Amendment for 1981-82 Expenditures. City Administrator Wood presented a recommendation to purchase a garden trailer from the firm of Mr. Air Sweepers, San Jose, in the amount of $3,227.00. Motion was made by Councilman Taylor seconded by Councilman Pate and carried that the bid for a garden trailer be awarded to the firm of Mr. Air Sweepers, San Jose, in the amount of $3,227.00 and that the budget be amended in the amount of $227.00 to provide for same as recommended. It was noted that $3,000.00 was budgeted for said equipment. The Mayor stated that it was the time and place scheduled for a Public Hearing on the proposed H.C.D. Budget. HCD Grant Coordinator Ford addressed the Council and presented and explained the Staff proposal and recommendation on same, further requesting an addition of $35,600.00 for rewiring Wheeler Auditorium. Parks & Recreation Director Ayer addressed the Council further explaining the proposed rewiring project for Wheeler Auditorium. The Mayor asked if there was anyone in the audience wishing to speak on the matter. Ms. Olivia Sahagun, Executive Director of South Santa Clara Housing Development Corp. addressed the Council explaining their request through the County for Block Grant Funds, $900,00 - $1,000,000 for a three (3) hear apartment complex project, requesting Council endorsement of same. Mr. Chuck Hill, representing the San Martin Lions' Club addressed the Council requesting Council endorsement of their $80,000.00 request noting that Gilroy and Morgan Hill would share the allocated funrls equally; further noting that funds would come from the County's unincor- porated share. (Councilwoman Albert entere~ and took her seat at the Council table at 8:19 p.m.) The Mayor asked if there was anyone further in the audience wishing to speak on the matter. There was no further comment from anyone in the audi en ce. 4634 Res. #81-88 Res. #81-89 East Freeway Reorganization 81-3 Res. #81-90 Arcadia Dev. Buil dout Schedul e Motion was made by Councilman Pate seconded by Councilman Taylor and carried that the Public Hearing be closed. Motion was made by Councilman Pate seconded by Councilwoman Hughan and carried that Staff's recommendation on the proposed HCD Budget be supported to include the $35,600.00 additional funds for Wheeler Auditorium Rewiring Project and that the City.s HCD Grant Representative make every effort to obtain said funds and to support the South Santa Clara Housing Development Corp. and San Martin Lions' Club Project funds requested. Motion was made by Councilman Pate seconded by Councilman Taylor that the reading of Resolution No. 81-88 be waived and that it be adopted approving the 1982-1985 Housing Assistance Plan. r': , I ... RESOLUTION NO. 81-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING A 1982-1985 HOUSING ASSISTANCE PLAN, MAKING THE REqUIRED ASSURANCES CONTAINED IN H.U.D. FORM 7068, AND AUTHORIZING THE MAYOR TO SIGN THE LETTER TRANSMITTI NG THE CITY OF GI LROY I S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PROJECT PROPOSALS TO THE COUNTY OF SANTA CLARA. PASSED AND ADOPTED this 5th day of October, 1981, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: ALBERT, HUGHAN, PATE, TAYLOR and GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBERS: CUNNINGHAM and LINK Motion was made by Councilman Pate seconded by Councilman Taylor that the reading of Resolution No. 81-89 be waived and that it be adopted endorsing to the County the project funds requested by the South Santa Clara County Housinq Development Corp. and the San Martin Lions' Club. RESOLUTION NO. 81-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY, CALIFORNIA, ENDORSING HCD PROJECT PROPOSALS OF SOUTH SANTA CLARA COUNTY HOUSING DEVELOPt.iENT CORPORATION AND SAN t1ARTIN LION'S CLUB. PASSED AND ADOPTED this 5th day of October, 1981, by the following vote: AYES: COUNCI L t~EMBERS: ALBERT, HUGHAN, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: CUNNINGHAM and LINK ~. ... The Mayor noted receipt of a petition from Ernest S. Filice, et al, requesting annexation of uninhabited territory to be known as "East Freeway Reorganization 81-311 located on the north side of Luchessa Avenue, between South Valley Freeway and Pacheco Pass High- way, containing 68.51 acres. Motion was made by Councilman Pate seconded by Councilman Taylor that the reading of Resolution No. 81-90 be waived and that it be adopted annexing and removing territory from South Santa Clara County Fire District, designated as "East Freeway Reorganization 81-3". RESOLUTION NO. 81-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY PURSUANT TO DIRECTION BY SANTA CLARA COUNTY LOCAL AGENCY FORMATION COMMISSION WITH REGARD TO A REORGANIZATION PURSUANT TO THE DISTRICT REORGANIZATION nl' ", ACT OF 1965 DESIGNATED AS IIEAST FREE\~AY REORGANIZATION NO. 81-3 OF '. THE CITY OF GILROY. ......J PASSED AND ADOPTED this 5th day of October, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, PATE, TAYLOR and GOODRICH NOES: COUNCIL MDiBERS: NONE ABSENT: COUNCIL MEMBERS: CUNNINGHAM and LINK A letter from Arcadia Development Company was noted, requesting an extension of their buildout schedule. Mr. Eli Reinhard, President of Arcadia Development Company, addressed the Council further explaining their reauest. #fl""'" i - Uvas Pk. Drive 4635 Discussion was had on the matter. Motion was made by Councilman Taylor seconded by Councilman Pate and carried that Council reconsider their previous action of September 21, 1981, regardi ng the buil dout schedul e of Arcadi a Developrrent Company. Motion was made by Councilwoman Hu~han seconded by Councilman Pate and carried that Arcadia Development Company's Buildout Schedule of 60 units be extended to June 1981 and if all building permits are not obtained for same at that time, 30 units can be extended to December 31, 1981. Councilwoman Albert voted "noli on the motion. Mr. Eli Reinhard, President of Arcadia, noted that same was a workable arrangement. The Mayor noted and informed the audience that, in regard to Council's decision re: Uvas Park Drive alignment, same will not be dis- cussed at this meeting since a full Council is not present and that said matter will be discussed at the next Regular Council Meeting proposed to be scheduled for October 26, 1981. Ms. Giordano re: A request from Ms. Giordano was noted for waiver of the lot size Duplex requirement for duplex use. Planning Director Dorn further explained said request. Motion was made by Councilman Taylor seconded by Councilman Pate and carried that the request of Ms. Giordano for waiver of the lot size requirement for duplex use be granted subject to including demolition of the present building and if all other City requirements are met. -"'I Co. Reg. Fees re: Burglar Alarm Syst. - D. Consier re: Hot- Dog Wagon ",,,\1tl I i 1 ....... Mussa 11 em Dev. 'Corp. -Butter- cup Condos Mrs. Elaine Long, reoresenting herself and the Downtown Business Association, addressed the Council requesting the City to investigate the County's registration fees of $50 for residences and $200 for Com- mercial Burglar Alarms, and request the County of Santa Clara to rescind said ordinance requiring said fees. Police Chief Cowart further explained said matter. Mr. Bob Voorhees addressed the Council and noted that he was advised by the County that if the burglar alarms are disconnected by October 18, 1981, the County would refund the registration fees. Motion was made by Councilwoman Hughan seconded by Councilman Taylor and carried that the City Administrator notify the County that the City protests the burglar alarm registration fees, requesting the basis for the fee and the formula for same, explaining the City.s unique position on the matter. Ms. Dolores Consier addressed the Council further requesting re- consideration for permission to locate a hot-dog vendor's wagon at the parking lot adjacent to J. C. Penney. Mr. Bob Voorhees addressed the Council requesting Ms. Consier discuss said request with the Downtown Merchants' Association to determine if something could be worked out on a cooperative basis. Ms. Consier agreed and Council indicated that if a cooperative arrangement could be worked out in accord with the City's regulations that Council woulrt reconsider said matter. Ms. Lori Dodge, 8240 Forest Street, addressed the Council noting that she is opposed to Council denial of the hot-dog vendor's request. Mr. Tony Duran addressed the Council noting that he is disturbed that the City denies a person to operate a hot-dog stand on city property but allows sidewalk sales on city property whenever scheduled. City Administrator Wood presented a letter from Mussallem Development Corp. requesting an extension for their condominium buildout schedule on Buttercup Lane. 4636 Rei mer Assoc. I Las Animas Tech. Pk. Fi reworks Sales Res. #81-91 re: Safe Schools' Week Airport Master Plan Guadalupe Corri dor Res. #81-92 GUHS Parade Mr. Greg Mussallem addressed the Council and noted that 11 of of the units have been completed and that he is requesting extension of 34 units in 1982. The Mayor requested that Mr. Mussallem inform Council of his situation the first of December, 1981, and request what extension is needed at that time. A letter from Reimer Associates/Las Animas TechnolonY to set October 19, 1981, as a Public Hearing on a prezoning request in order to meet LAFCO requirements for filing an annexation application. ~iotion was made by Councilwoman Hughan seconded by Councilman Pate and carried that a Public Hearing of October 26, 1981 be set for Las Animas Technology Prezoning request since there will not be a Council Meeting October 19, 1981. n ..... A letter from the Quarterback Club, Gilroy High School, was noted requesting that sale of fireworks be limited to local organiza- tions. Council referred said request to the City Attorney for a recommendation in regard to same. A request of the Attorney General's Office for support on Safe Schools' Week was noted. Motion was made by Councilwoman Hughan seconded by Councilman Pate that the reading of Resolution No. 81-91 be waived and that it be adopted endorsing Safe Schools' Week. RESOLUTION NO. 81-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ENDORSING CALIFORNIA'S SAFE SCHOOLS' WEEK. PASSED AND ADOPTED this 5th day of October, 1981, by the fOllowing vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: ALBERT, HUGHAN, PATE, TAYLOR and GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBERS: CUNNINGHAM and LINK i' , .j i 'J """" The Santa Clara County Schedule in regard to the Airport Master Plan was noted. City Administrator Wood recommended that Council take a stand on the San Martin Airport location. Mr. Larry Connell, Gilroy Chamber of Commerce Committee, ad- dressed the Council requesting Council to support the Consultant's Report for said Airport Master Plan. Ms. Margaret C. Wilson, 7500 Westwood Drive, addressed the Council and urged the Council to supnort the airport proposal to expand the San Martin South County Airport. Motion was made by Councilman Pate seconded by Councilwoman Hughan and carried that the Council supports the recommendation of the Consultants on the Airport Study with regard to the San Martin Airport and supports continued expansion of same as called for in said report and that same be communicated to the County officials; and that Council- woman Hughan, representative on the County Transportation Committee, take said position on behalf of the City before said Committee. A request of the City of Morgan Hi II in regard to Guadalupe Corridor was noted. Discussion was had on the matter. o Motion was made by Councilwoman Hughan seconded by Councilman Taylor and carried that the City supports Alternate No.6 (Light Rail & Expressway) and that Councilwoman Hughan endorse same at the Trans- portation Committee level on behalf of the City. A request from Gilroy High School for their 1981 Homecoming Parade was noted. City Administrator Wood noted that the State requires a resolution requesting permission to use a portion of State Route 152. Motion was made by Councilman Pate seconded by Councilwoman Hughan that the reading of Resolution No. 81-92 be waived and that it be adopted. ",... Affil i ated Brokers ..... ""Ill - Lib. & Cult. Com. Meeting 9-1-81 C of C Membership Monthly Reports Liquor in Parks ,... ..... Noi se Ord. 4637 RESOLUTION NO. 81-92 A RESOLUTION OF THE CITY COUNCIL REQUESTING APPROVAL OF THE STATE OF CALI FORNIA, DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS, TO PERMIT A PARADE WITHIN THE CITY OF GILROY. PASSED AND ADOPTED this 5th day of October, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: CUNNINGHAM and LINK City Administrator Wood renorted that the request of Affiliated Brokers for extension in recording their final Tract Map 6997 has been withdrawn. The following informational items were noted with no separate discussion on same: Gilroy Chamber of Commerce re: City Membership; Reorganization application filed with LAFCO September 22, 1981, re: IIThomas Road 81-4 Reorganization, Ernest E. Filice, applicant; CO LAB in re: to AB 2074, Cancellation of Williamson Act contracts; Foremost Gentry, thanking the Fire Department for providing an in-plant safety course; Department of Transportation, State of California, in re: to Traffic Study at the intersection of Leavesley Road and ~lurray Avenue; League of California Cities Legislative Bulletin; Scheduled construction for Santa Teresa Boulevard, between Mantelli Drive and Day Road; and County of Santa Clara re: Animal Control Services. The Minutes of the Library and Culture Commission Meeting of September 1, 1981, were noted. ouncilmailiaylor inquired of the Honorary Membership noted in the Gilroy Chamber of Commerce informational letter. The Mayor noted that same is a positive step and appointed Councilman Taylor to represent the City at the Chamber of Commerce meetings. The Summary of Monthly Reports of August, 1981, was noted. The Police Chief's report and recommendation regarding a recommended amendment to Section 18.6 of the City Code re:controlling intoxicating liquors in parks was noted and further explained by Police Chief Cowart. Ms. Lori Dodge, 7709 Murray Avenue, addressed the Council noting that she lives near a City park and is in favor of the recommended time limit proposed for controlling intoxicating liquors in Parks. She noted that she was in agreement with the 7:00 p.m. time limit but concurs with the 8:00 p.m. recommended time limit. Motion was made by Councilman Taylor seconded by Councilwoman Hughan and carried that the proposed ordinance be introduced and publiShed by title and summary amending Section 18.6 of the City Code controlling and limiting intoxicating liquors in City Parks to 8:00 p.m. A request to amend the Noise Ordinance was noted and further ex- plained by Police Chief Cowart. t1otion was made by Councilman Pate seconded by Councilwoman Hughan and carried that the proposed ordinance amending the Noise Ordinance be introduced and published by title and summary as recommended. 4638 Personnel Director A request for a salary adjustment for the Director of Personnel was noted. Councilman Taylor requested an Executive Session of the Council following the next regular meeting. State Subvention A report on anticipated reduction of State Subvention Funds as Funds a result of SB 102 was noted and further explained by City Administra- tor Wood. Ronan-Liman Director of Public Works-City Engineer Hansen noted that the Assess. Dist. Board of Supervisors has granted Extra Territorial Jurisdiction for the subject project and presented the following resolutions in 0 regard to formation of said district. I ' Res. #81-93 thru Motion was made by Councilman Pate seconded by Councilman Taylor 81-96 that the reading of Resolution No. 81-93 be waived and that it be adopted. RESOLUTION NO. 81-93 A RESOLUTION OF PRELIMINARY DETERMINATION AND OF INTENTION - RONAN AVENUE-LIMAN AVENUE ASSESSMENT DISTRICT. PASSED AND ADOPTED this 5th day of October, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: CUNNINGHAM and LINK Motion was made by Councilman Pate seconded by Councilman Taylor that the reading of Resolution No. 81-94 be waived and that it be adopted. RESOLUTION NO. 81-94 A RESOLUTION CERTIFYING REVIEH AND CONSIDERATION OF NEGATIVE DECLARA- TION - RONAN AVENUE-LIMAN AVENUE ASSESSMENT DISTRICT. , PASSED AND ADOPTED this 5th day of October, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: CUNNINGHAM and LINK ~ I ~ Note: Adopted in error. California EnvironmentaZ Act has been complied with. (Pel' Phi Zip D. Assaf~ Attorney for District) Motion was made by Councilman. Pate seconded by Councilman Taylor that the reading of Resolution No. 81-95 be waived and that it be adopted. RESOLUTION NO. 81-95 A RESOLUTION APPOINTING ENGINEER AND AUTHORIZING EXECUTION OF AGREEMENT FOR ENGINEERING SERVICES IN CONNECTION WITH RONAN AVENUE-LIMAN AVENUE ASSESSMENT DISTRICT. PASSED AND ADOPTED this 5th day of October, 1981, by the following vote: AYES: COUNCIL ME~iBERS: ALBERT, HUGHAN, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: CUNNINGHAM and LINK Motion was made by Councilman Pate seconded by Councilman Taylor that the reading of Resolution No. 81-96 be waived and that it be adopted. RESOLUTION NO. 81-96 A RESOLUTION APPOINTING ATTORNEYS - RONAN AVENUE-LIMAN AVENUE ASSESSMENT DISTRI CT. PASSED AND ADOPTED this 5th day of October, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: CUNNINGHAM and LINK , I.... Leavesley Rd. Landscaping, etc. Director of Public Works-City Engineer Hansen presented a report on Leavesley Road Island Landscaping and Sidewalk and further explained by the Di rector. "".... ( '- Radio System Llagas Creek Maint. Street Paving r Sewer & Water , Mains '-- Res. #81-97 re: Ll agas Cr. Watershed Project ".. ii Uvas Pk. Dr. ..... A 1 i gnment 10th St. Study 4639 Mr. Ted Duerr, representing the BIG Committee, addressed the Council recommending that the median be landscaped on Leavesley Road as approved under the Median Plan. Discussion was had on the matter by Council. Motion was made by Councilwoman Hughan seconded by Councilwoman Albert and carried that the median landscaping strip be extended east of the freeway to Las Animas Technology Park, same to be installed by the developers and maintained by the City. Councilman Taylor voted IIno" on the motion. Motion was made by Councilwoman Hughan seconded by Councilwoman Albert and carried that a sidewalk be installed towards the east on the south sine of Leavesley Road and that same be deferred until the Las Animas Technology commercial property develops. Director of Public Works-City Engineer Hansen presented a recom- mendation to amend the budget to accommodate needed radio system modifi- cations. Council tabled action on same until the need for same exists. Director of Public Works-City Engineer Hansen presented a recom- mendation to formally request maintenance work in Llagas Creek. Motion was made by Councilman Taylor seconded by Councilman Pate and carried that the Maintenance Project for Llagas Creek be approved as presented. Director of Public Works-City Engineer Hansen presented a recom- mendation to repave certain streets with recycled asphalt. Motion was made by Councilman Pate seconded by Councilwoman Hughan and carried that the recommendation on repaving certain streets with re- cycled asphalt be approved as presented. Director of Public Works-City Engineer Hansen presented a report on installation of sanitary sewer and water mains within private develop- ments, and further explained same. Motion was made by Councilman Pate seconded by Councilman Taylor and carried that a policy be adopted that sanitary sewer and water mains within private developments be installed and maintained by the developers. Director of Public Works-City Engineer Hansen presented a resolution reaffirming Gilroy's support of the Llagas Creek Watershed Project. ~tion was made by Councilwoman Hughan seconded by Councilman Pate that the reading of Resolution No. 81-97 be waived and that it be adopted. RESOLUTION NO. 81-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AFFIRMING SUPPORT BY SANTA CLARA VALLEY WATER DISTRICT OF LLAGAS CREEK WATERSHED PROJECT (P.L. 83-566). PASSED AND ADOPTED this 5th day of October, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: CUNNINGHAM and LINK Motion was made by Councilman Pate seconded by Councilwoman Albert and carried that Council decision regarding Uvas Park Drive Alignment be continued to the October 26, 1981, Council Meeting. Planning Director Dorn presented a report and reocmmendation of the Planning Commission for the Tenth Street Study and further explained s arre . Discussion was had by Council on the matter. Motion was made by Councilwoman Hughan seconded by Councilman Pate and carried that the Tenth Street Study and Guidelines be adopted to include 1 4640 Tree Trimming, etc. Specs Gas Tax Adjournment ... 1 andscaped medi an 13, re: Franchise than encouraged. strip wherever possible and agreed that on Page Development be required to use unique design rather Councilman Taylor voted IInoll on the motion. Councilman Taylor requested a Council Committee or Study Session regarding proposed specifications for the Tree Trimming, etc. bid. Council set October 22, 1981, at 3:30 p.m. for a Council Study Session to review proposed specifications for the Tree Timming, etc. bids. City Administrator Wood noted Groundbreaking Ceremonies for the Gilroy Senior Citizens' Housing Project Complex on October 8, 1981, at 9:00 a.m., Third Street and Wren Avenue. City Administrator Wood noted the proposed Gas Tax 2~ increase. Motion was made by Councilman Taylor seconded by Councilman Pate and carried that a letter be forwarded to the County Board of Supervisors supporting SB 215. At 11:13 p.m., motion was ~ade by Councilwoman Hughan seconded by Councilman Pate and carried that the meeting adjourn to Monday, October 26, 1981, at 8:00 p.m. Respectfully submitted, >6f~~~. ~~ ./ Ci ty C erk /