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Minutes 1982/02/01 4678 RO 11 Ca 11 Intro.New Employee Consent Calendar Minutes February 1, 1982 Gilroy, California 95020 The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:01 p.m. Present; Council ~1embers: Sharon A. Albert, Donald F. Gage, Robertq H. Hughan, Marion T. Link, Robert E. Taylor, Pete Valdez, Jr. and Norman B. Goodrich. The Mayor introduced new employee, Martha Beck, Wastewater Treat- ment Plant Operator I and noted new employee, Alfred Morales, Police Offi- cer, not present for introduction. Motion was made by Councilman Link seconded by Councilman Valdez that the following items under the Consent Calendar be approved by the fol- lowing Roll Call Vote: Ayes: Council Members: Albert, Gage, Hughan, Link, Taylor, Valdez and Goodrich: Approved the Minutes of the Regular Council Meeting of January 18, 1982; Ord.#82-2 re:Tenta- tive Maps ,... I ..... Ord.#82-3 re:Number- ing bldgs. 4679 Adopted Ordinance No. 82-2 Amending City Code Section 21.41(;) to Extend the Expiration of Tentative Maps to Twenty-four (24) months; ORDINANCE NO. 82 - 2 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 21.41(i) OF THE GILROY CITY CODE TO EXTEND THE EXPIRATION OF TENTATIVE MAPS TO 24 MONTHS. PASSED AND ADOPTED this 1st day of February, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT:. COUNCIL MEMBERS: None; Adopted Ordinance No. 82~3 Amending City Code Sections 20.31, 20.32 and 20.33 pertaining to the numbering of buildings; ORDINANCE NO. 82 - 3 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTIONS 20.31, 20.32 AND 20.33 OF THE GILROY CITY CODE PERTAINING TO THE NUMBERING OF BUILDINGS. PASSED AND ADOPTED this 1st day of February, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None; Ord.#82-4 re: Adopted Ordinance No. 82-4 Declaring need for the Industrial Ind.Dev. Development Authority of the City and that such authority shall function; Authority .',.,"'" - ORDINANCE NO. 82 - 4 AN ORDINANCE DECLARING NEED FOR THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF GILROY AND THAT SUCH AUTHORITY SHALL FUNCTION. PASSED AND ADOPTED this 1st day of February, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None; Pub.Hear.re: Set February 16, 1982 as a Public Hearinq date to consider official OPL's plan lines for Uvas Park Drive. Uvas Pk.Dr. Budget Amend- Approved the recommendation to amend the 1981-82 Expenditure and ments Revenue Budget; Res.#82-5 Adopted Resolution No. 82-5 Fixing the Maximum Charges for the Garbage Collection of Garbage, Rubbish and Refuse; rate increase RESOLUTION NO. 82 - 5 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY FIXING MAXIMUM CHARGES FOR THE COLLECTI ON OF GARBAGE, RUBBISH AND REFUSE EFFECTIVE MARCH 1, 1982. PASSED AND ADOPTED this 1st day of February, 1982, by the following vote: AYES~ COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None; Res.#82-6 Adopted Resolution No. 82-6 Conveying Ownership of Telephone Obata Dev. Facilities in Obata Development to Continental Telephone Company; """.., ..... RESOLUTION NO. 82 - 6 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AUTHORIZING EXECUTION OF CONVEYANCE OF OWNERSHIP OF TELEPHONE FACILITIES IN THE OBATA DEVELOPMENT TO CONTINENTAL TELEPHONE COMPANY. PASSED AND ADOPTED this 1st day of February, 1982, by the following vote: AYES~ COUNCIL l1EMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT~ COUNCIL MEMBERS: None; and Def.Dev.Agree. Approved Deferred Development Agreements for Bino P. & Anita M. re:Chiado Chiado and for Filice Family Estates. & Filice Fam.Est. 4680 Pub.Hear.re: The Mayor stated that it was the time and place scheduled for a RDO Amend- Public Hearing to consider a revision to the Residential Development ~ ment Ordinance, SecUons 5, 8 and 9 to ~1odify the Project Rating and Sets I : Limits on Build-Out Schedules Extensions. -- Planning Director Dorn presented and explained the Staff Report regarding same. The Mayor asked if there was anyone present in the audience wish- ing to speak for or against the proposal. There was no comment from any- one in the audience. Motion was made by Councilman Link seconded by Councilwoman Hughan and carried that the Public Hearing be closed. Discussion was had by Council on the matter. Motion was made by Councilman Link seconded by Councilwoman Hughan and carried that a proposed ordinance be introduced, the reading waived and that it be published by title and summary. Pub.Hear.re: The Mayor stated that it was the time and place scheduled for a 10th St. Public Hearing on proposed Reorganization of Uninhabited Territory to be Reorg.81-5 known as "Tenth Street Reorganization 81-5" containing 14.366 acres loca- ted on the south side of Tenth Street at Alexander and Tenth Streets, Ernest S. Filice, et al applicants, not 100% consent, approved by LAFCO .~ 11-4-81. Receipt of a Petition from applicants was noted and further ex- plained by Planning Director Dorn. The Mayor asked if there was anyone present in the audience wish- ing 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. Res.#82-7 Motion was made by Councilman Link seconded by Councilman Valdez that the reading of Resolution No. 82-7 be waived and that it be adopted approving reorganization of said territory. RESOLUTION NO. 82 - 7 A RESOLUTION, AFTER PUBLIC HEARING, 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 ACT OF 1965 DESIGNATED AS "TENTH STREET REORGANIZATION 81-5 OF THE CITY OF GILROY". PASSED AND ADOPTED this 1st day of February, 1982, by the following vote: AYES; COUNCIL NEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and ~,I GOODRICH. I i NOES: COUNCIL MEMBERS: None ... ABSENT: COUNCIL MEMBERS; None. pub.Hear.re: The Mayor stated that it was the time and place scheduled for a E.Freeway public Hearing on proposed Reorganization of Uninhabited Territory to be Reorg.81-6 known as /lEast Freeway Reorganization 81-6" containing 71.33 acres located on the south side of Pacheco Pass Highway between South Valley Freeway and Luchessa Avenue, Neil Hamm, Applicant, not 100% consent, approved by LAFCO 9-2-81. Receipt of a Petition from the Applicant was noted and further explained by Planning Director Dorn. Res.#82-8 .""".,. -- Hear.re: T.Vasquez Bereavement Leave ~,".." ....... Old City Hall Project -- .... Sewer Farm #6 Reorg.81-11 Res.#82-9 4681 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 Councilwoman Hughan seconded by Councilman Taylor that the reading of Resolution No. 82-8 be waived and that it be adopted. RESOLUTION NO. 82 - 8 A RESOLUTION, AFTER PUBLIC HEARING, 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 ACT OF 1965 DESIGNATED AS 'IEAST FREEWAY REORGANIZATION 81-6, OF THE CITY OF GILROY". PASSED AND ADOPTED this 1st day of February, 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 Hearing re: Police Officer Thomas Vasquez' request for bereavement leave. Ci~y Administrator Wood presented a Staff Report and explained same recommending denial of the request for said bereavement leave. Police Officer Terry Vierra addressed the Council on behalf of the Gilroy Police Officers' Association in regard to said matter. Discussion was had by Council on the matter. Motion was made by Councilman Taylor seconded by Councilman Gage and carried by the following Roll Call vote that Police Officer Thomas Vasquez be granted the requested bereavement leave: Ayes: Council Members: Albert, Gage, Taylor and Valdez; Noes: Council Members: Hughan~ Link and Goodrich. Mr. Roger Hoffman, representing Hoffman & Associates, Leasee of the Old City Hall Project addressed the Council and presented an up- date of the progress of said Project. The Mayor asked if there was anyone present in the audience wishing to speak on any matter not on the agenda. Mr. Tony Lerma, 9055 Morey Avenue, Gilroy, addressed the Council objecting to Police Chief Cowart's letter to the Editor 1-28-82 (Gilroy-M.H.Dispatch) (San Jose Mercury) regarding the appointment of Supreme Court Justice Cruz Reynoso. Mr. Lerma further requested an apology from Chief Cowart regarding same. Police Chief Cowart apologized for same and noted that his letter was misinterpreted. LAFCO approval of the reorganization of uninhabited territory to be known as "Sewer Farm No.6 Reorganization 81-11", containing 50.121 acres located on the northerly side of Bloomfield Avenue, adjacent to the Gilroy Sewer Farm (Walden Ponds) City of Gilroy, ap- plicant, was noted. Motion was made by Councilman Link seconded by Councilman Valdez that the reading of Resolution No. 82-9 be waived and that it be adopted approving reorganization of said territory. RESOLUTION NO. 82 - 9 A RESOLUTION Of THE CITY COUNCIL OF THE CITY OF GILROY PURSUANT TO DI~ECTION BY SANTA CLARA COUNTY LOCAL AGENCY FORMATION COMMISSION 4682 WITH REGARD TO A REORGANIZATION PURSUANT TO THE DISTRICT REORGANIZATION ACT OF 1965 DESIGNATED AS SEWER FARM NO. 6 REORGANIZATION 81-11 OF THE CITY OF GILROY. PASSED AND ADOPTED this 1st day of February, 1982, by the following vote: AYES: COUNCIL MH1BERS: .l\LBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH. NOES: COUNCIL ~EMBERS: None ABSENT: COUNCIL MEMBERS: None. Res.#82-10 . Motion was made by Councilman Link seconded by Councilman Gage that Falcon the reading of Resolution No. 82-10 be waived and that it be adopted chang- Cable TV ing the name of Falcon Communications to Falcon Cable TV of Northern Calif- ornia as requested. RESOLUTION NO. 82 - 10 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING THE TRANSFER OF A CATV FRANCHISE FROM FALCON COMMUNICATIONS, GRANTEE, TO FALCON CABLE TV OF NORTHERN CALIFORNIA. PASSED AND ADOPTED this 1st day of February, 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 following informational items were noted with no separate discus- sion on same: County Library in re: to County Librarian's Re-assignment; Meeting (2-4-82) of Peninsula Division, League of California Cities; Mr. Dennis J. Sammut in re: to Off-Track Betting; Llagas Creek Ad Hoc Committee on Draft EIS/EIR Public Hearing. City Administrator Wood noted that the date of said hearing is February 10, 1982 in San Martin at 7~30 p.m. Senator Alquist in re: to Defeat of S.B. 426, Compulsory and Binding Arbitration. ~ ...... Plan. Com. The Report of the Planning Commission Meeting of January 21, 1982 1-21-82 was noted. P.& R. Com. The Minutes of the Parks and Recreation Commission Meeting of January 1-19-82 19, 1982 were noted and the Minutes of the Senior Citizens' Advisory Council Meeting of December 15, 1981 were noted. Historic The ~1inutes of the Historic Heritage Committee ~1eeting of January Heritage 12, 1982 were noted. Com. 1/12/82 Monthly Reports Wi 11 i amson Act. The Summary of r10nthly Reports of December, 1981 was noted. A Report on Williamson Act Cancellation Procedures was noted. League of The League of California Cities Legislative Bulletin, dated January Bulletin 22, 1982 was noted. ~ Las Animas Resolution No. 82-11, A Resolution Determining Compliance with Divi- Tech. sion 4 of the Streets and Highways Code, and Determining to Undertake Pro- Assm't. ceedings Pursuant to Special Assessment and Assessment Bond Acts for the Ac- Dist. quisitions and Improvements Without Further Proceedings Under said Division 4, was read. On motion of Councilmember Link seconded by Councilmember Val- Res.82- dez and unanimously carried, said Resolution was adopted. 11 I ....i RESOLUTION NO. 32 - 11 A RESOLUTION DETERMINING COMPLIANCE WITH DIVISION 4 OF THE STREETS AND HIGH- WAYS CODE, AND DETERMINING TO UNDERTAKE PROCEEDINGS PURSUANT TO SPECIAL ASSES- SMENT AND ASSESSMENT BOND ACTS FOR THE ACQUISITIONS AND I~1PROVEMENTS WITHOUT FURTHER PROCEEDINGS UNDER SAID DIVISION 4 - LAS ANIMAS TECHNOLOGY PARK ASSESS- 4683 MENT DISTRICT. PASSED AND ADOPTED this 1st day of February, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Res.#82-12 Resolution No. 82-12, A Resolution Appointing Attorneys, was read. On motion of Councilmember Link seconded by Councilmember Valdez and unani- mously carried, said Resolution was adopted. ~ I I ...... RESOLUTION NO. 82 - 12 A RESOLUTION APPOINTING ATTORNEYS - LAS ANIMAS TECHNOLOGY PARK ASSESSMENT DISTRICT. PASSED AND ADOPTED this 1st day of February, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None. Res.#82-13 Resolution No. 82-13, A Resolution of Intention to Acquire and Construct Improvements, was read. On motion of Councilmember Link seconded by Councilmember Valdez and unanimously carried, said Resolution was adopted. RESOLUTION NO. 82 - 13 A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS - LAS ANIMAS TECHNOLOGY PARK ASSESSMENT DISTRICT. PASSED AND ADOPTED this 1st day of February, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None "",.. ....... Res.#82-14 Resolution No. 82-14, A Resolution Appointing Engineer and Authori- zing Execution of Agreement for Engineering Services in Connection with Las Animas Technology Park Assessment District, was read. On motion of Councilmember Link seconded by Councilman Valdez and unanimously carried, said Resolution was adopted. RESOLUTION NO. 82 - 14 A RESOLUTION APPOINTING ENGINEER AND AUTHORIZING EXECUTION OF AGREEMENT FOR ENGINEERING SERVICES IN CONNECTION WITH LAS ANIMAS TECHNOLOGY PARK ASSESSMENT DISTRICT. PASSED AND ADOPTED this 1st day of February, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS! None Softba 11 Facili- ties A Report on additional Softball Fields Feasibility Study was noted and further explained by Parks and Recreation Director Ayer. Discussion was had by Council on the matter. Mr. John Locastro, 7140 Yorktown Drive, addressed the Council re- questing relief of the impaction at Christmas Hill Park and construction of ~ multi-purpose sports arena at some other location. ~ .... Mr. Louie Ledesma, 465 Burke Drive, softball participant, addressed the Council requesting use of the High School site as a temporary measure. Mr. Bob Burch, representing the Softball Board of Manaqers, addres- sed the Council and noted that he performs the scheduling of the softball games and explained the procedure for same. Motion was made by Councilwoman Hughan seconded by Councilman Link and carried by the following Roll Call vote that Staff be directed to fur- ther investigate the South Valley Junior High School stadium site, to pro- ~tde proposals for the extent of the improvements and cost involved: Ayes: Council Members: Hughan, Link, Taylor and Goodrich; Noes: Council Members: 14684 ... Albert, Gage a~d Valdez. Discussion was had in regard to use of the High School site for a softball field in addition to studying an additional site for a multi-purpose sports arena. Motion was made by Councilman Gage seconded by Councilwoman Albert and carried by the following Roll Call vote that Staff be authorized to proceed with installation of lights at the High School site in addition to proceeding with a study for a multi-purpose complex: Ayes: Council Members: Albert, Gage, Hughan and Valdez; Noes: Council Members: Link, Taylor and Goodrich. City Equip. City Administrator Wood presented a recommendation to replace a Las Animas Park Crew Vehicle No. 466. Motion was made by Councilwoman Hughan seconded by Councilman Gage and carried that the Las Animas Park Crew Vehicle No. 466 be replaced as recommended. Uvas Creek City Administrator \~ood presented a letter from the Santa Clara Valley Water District in regard to removal of the debris and obstructions in the lower Uvas Creek. Adjournment At 10:03 p.m. motion was made by Councilman Link seconded by Councilman Valdez and carried that the meeting adjourn to Tuesday, February 16, 1982 since February 15, 1982 is a Legal Holiday. Respectfully submitted, ~7JA~f::./6f~