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Minutes 1982/04/19 4724 Roll Call Intro. New Employee Cert.-Police Explorer Consent Calendar April 19, 1982 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by His Honor ~1ayor Nroman B. Goodrich at 8:03 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. The Mayor introduced new employee Lawrence James, Chief Building Inspector. The Mayor presented a Certificate of Recognition to Police Explorer, Kelli Abruzzini. Motion was made by Councilman Link seconded by Councilwoman Hughan that the following items under the Consent Calendar be approved by the followinq Roll Call Vote: Ayes: Council Members: Albert, Gage Hughan, Link, Taylor, Valdez and Gooorich. ,... r : .... .....~~. i I -- ",.. L Minutes Pub. Hear. re: Rezoning- Ronan Corners Pub. H ea r. re: Gen. Plan .' 4725 Approved the Minutes of the Regular Council Meeting of April 5, 1982; Set May 3, 1982, as a Public Hearing date on a rezoning request of Ronan Corners, applicant, on approximately .78 acres from Rl (Single Family) District to R3 (Low-Density Multiple-Family) District locateo at 101 Ronan Avenue, at the northwest corner of Ronan and Lilly Avenues; Set ~~ay 3, 1982, as a Public Hearing date to consider revisions to the General Plan Text; Intro. Ord. re: Introduced a proposed ordinance to be published by title and Employee summary amending Section 17.4 of the Gilroy City Code re: Employee Sick Sick Leave Leave; Pub.Hear. re: Wmsn. Act Contract- E. S. Fi 1 i ce Budget Purchases Budget Amendment C 1 aims Spec. Olympi cs Set May 3, 1982, as a Public Hearing date to consider a Williamson Act Contract cancellation request of Ernest S. Filice, et al, applicant, on property located east of the South Valley Freeway, northeast of Luchessa Avenue and Rossi Lane on approximately 66 acres; Noted and approved a Report on Budgeted Purchases exceeding $1,500.00 per Council Direction; Approved a request to amend the 1981-82 Budget (0900;0100; 1400; 1500); Denied amended claim of injuries of Della Murillo and claim of auto damage of National Car Rental. The Mayor deviated from the regular agenda in order to accommodate interested persons in the audience. Mrs. Gayle Glines, Recreation Supervisor, addressed the Council in regard to the Special Olymoics on May 1, 1982. Participants presented hats to each Councilperson and invited them to said event. Sr. Citizens' ~1rs. Leona Vail, President of the Community Seniors, addressed the Adv. Com. re: Council requesting a full-time Senior Coordinator at the Senior Citizens' Community Ctr. Community Center. Bids re: Ronan- Liman Ave. Assmt. Dist. Mrs. Mildred Hanna addressed the Council further explaining the request. Mr. Maury Barrackman, Chairman of the Senior Citizens' Advisory Council, addressed the Council further explaining same. The Mayor referred the matter to the Council Budget Study Sessions in May 1982 for consideration of their request. It was noted that the report of bids re: Ronan Avenue-Liman Avenue Assessment District would be presented under Public Hearing for said district. Bids re: Light- City Administrator Wood presented and explained a report on bids ing @ Las for the light conversion project for tennis and handball courts at Las Animas Pk. Animas Park recommending that bids for same be readvertised. Grievance Hearing re: Fence Var. Motion was made by Councilman Link seconded by Councilwoman Hughan and carried that bids for the light conversion project for the tennis and handball courts at Las Animas Park be readvertised as recommended. The Mayor noted that it was the time and place scheduled for the continued hearing on the decision of the Planning Commission qranting a fence variance to Tabbetha Bennett on property located at 435 Victoria Drive. He noted that an Executive Session of the Council was held in regard to same prior to this meetinq. Motion was made by Councilwoman Hughan seconded by Councilman Link and carried that Mr. Bryce Bennett's compromise at the April 5, 1982, Regular Council Meeting to move the fence back seven (7) feet from its present location, reducing the inside patio by 317 sq. ft. be accepted; work to be completed by the City. 4726 Pub.Hear. re: Ronan-L iman Ave. Assmt. Di st. The Mayor stated that it was the time ano place scheouled for a Public Hearing re: Ronan Avenue Liman Avenue Assessment District. He noted that notices have been posted, published and mailed pursuant to law and certificates and affidavits of posting, publishing and mailing are on file in the office of the City Clerk. He noted that there are two (2) separate anrl oistinct legal hearings duly noticed for tonight which will be combined and hear at the same time due to the fact that they deal with the same basic subject matter. He noted that these hearings are as follows: 1) Hearing under Article XVI, Section 19 of the Constitution of the State of California. ,1 ...... The subject of this hearing is whether the public conveni- ence and necessity require the proposed acquisitions and improvements. Any Council determination on this subject, in order to be legally effective, must be made by a 4/5ths vote of the City Council. 2) Hearing on the Engineer's Report under the Municipal Im- provement Act of 1913. The Engineer's Re~ort prepared by the Engineer consists of a description of the acquisitions to be made, the Engineer's Statement of the itemized and total estimated cost and expenses of the acquisi- tions, including the incidental expenses in connection therewith, a diagram showing the assessment district and the boundaries and dimen- sions of the respective subdivisions of land within the district and an assessment in accordance with benefits. Anyone of these items may be the subject of protests or endorsements. All written protests to be computed in the protest percentage 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 considered in determining the percentage of protests. He asked the speakers to clearly identify themselves and the property owned so that statements may be correctly recorded. ~ I i I..... He noted that the hearings are declared open and asked the City Clerk to report on the various notices given in connection with the hearings. The City Clerk noted that all notices had been posted, pub- lished and mailed as required by the Municipal Improvement Act of 1913. Affidavits and certificates of posting, publishing and mailing were on file in her office. A copy of the Engineer's Reoort prepared by the Engineer was filed in her office on March 1, 1982, and has been open to public inspection since that time. Mr. Henry Myers, Engineer of Work, presented the following testi- mony as to the assessment district containinq all of the evidence neces- sary relating to the method of spread of assessment in accordance with benefits: "I, Henry Myers, am an Engineer with the firm of M H Engineering Company of Hollister, California, which has been named as Engineer of Work for this assessment district by the City of Gilroy. I have been assigned as the Project Engineer for and on behalf of M H Engineering Company. I have directed the engineering design and have been directly involved with the assessment district proceedings. ] The Ronan Avenue/Liman Avenue Assessment District contains 51 lots and is approximately 40 acres in size. The proposed improvements will be installed on Ronan Avenue from Wren Avenue to Monterey Road, on Liman Avenue from Church Street to Monterey Road, on Church Street from Ronan Avenue to Liman Avenue and on Lilly Avenue from Ronan Avenue to Liman A venue. The proposed improvements include the installation and construc- tion of streets, curb, gutters, driveways, driveway conforms, storm drains, street lighting, and signs, together with all appurtenant work. 4727 Also included is the installation of a water main on Monterey Road and future removal of the Ronan Avenue bridge over the west branch of Llagas Creek and replacement with an improved street and storm drain culvert following completion of the PL-566 Flood Control Project3 and acquisition of aU lands and easements and the performance of aU auxi liary work necessary to complete the work. These improvements are completely detailed on the plans prepared by M H Engineering Company for this project. - The costs of the improvements for this district have been spread to each parcel to properly reflect benefits received according to the criteria established for this project. The proposed method of assessments uses the adjusted front footage and lot area of each parcel to distribute costs in proper proportion to benefits received. The total assessment for each parcel was determined by the sum of the direct charges3 the zone assessment3 and the incidental costs less the amount contributed by the City of Gilroy. There are three zones that have been established within this assessment district. ..... I The largest number of parcels are located in Zone B which is the residential area. Zone A is primarily land that is not yet completely developed3 and Zone C is primarily land of commercial use. The direct charges (which include curb3 gutter3 sidewalk3 and driveway approaches) are charged to each zone on the basis of adjusted front footage. The zone assessment (which includes the cost per zone of construction and acquisition) are charged to Zone A on the basis of adjus- ted front footage and one-third on the basis of lot area of the parcel. The incidental costs (which include engineering3 surveying3 administration and inspection3 staking3 printing3 bond reserve and bond discount and contingencies) for all zones combined are charged on the basis of adjusted front footage. The City of GilroY3 using HCD funds3 will contribute $1943900.00 to the costs of the assessments of Zone B3 which iwll be credited as a percentage of the lot assessment. ...... In addition3 the City will contribute $133800.003 using HCD funds3 towards the cost of preliminary engineering for all three zones which will be credited in the same manner. -- On the basis of my past experience and my knowledge of this proposed assessment district3 it is my opinion that the proposed assessments properly reflect the benefits to be derived by that parcel. The method of assessment is reasonable3 fair3 and equitable and the assessments are distributed in proportion to the amount properties benefit. On April 83 19823 a total of seven bids were received by the City of Gilroy for the construction of these improvements. The bids ranged from a low of $3093361.40 to a high of $4913983.10. The Engineer's Estimate for this work was $4473924.25. The low bid was received from the Raisch Construction Company of Mountain View. Based on the low bid3 a reduction of the total project cost of this assessment district will be possible3 from the $9033700.00 preliminarily approved to a reduced amount of $6603700.00. The balance to assessment would be reduced from $6953000.00 to $4523000.003 a reduction of 35 percent. This presentation has been reduced to writing and a copy will be furnished for incorporation into the minutes. ....... I .... This completes my report and recommendations for and on behalf of M H Engineering CompanY3 Engineer of Work. Respectfully submitted3 /s/ Henry Myers3 RCE #28131 The City Clerk presented and read all written protests against the project. The Staff Report outlining property owner's meeting was noted. The City Clerk noted no written endorsements of the project had been received. 4728 The Mayor asked if there was anyone present in the audience wishing to speak for or against the district. Mrs. Mary Ramsay, 181 Ronan Avenue, addressed the Council and presented a petition signed by forty (40) petitioners against the formation of the proposed district. Ms. Shelley Emerson, representing Mrs. Smith Howard, addressed the Council requesting Council to refrain from formation of the district at this time due to excessive costs. Mrs. Gertrude Howard (Mrs. Smith Howard), addressed the Council 0 further explaining her protests noting that her late husband had signed .! a deferred development agreement for her parcel that is within the dis- trict and opposed to same invalidating her protest. Mr. Carl Head, 8950 Church Street, addressed the Council noting that he is opposed to curb and gutters required; that a rural atmosphere should be maintained and that he cannot afford this assessment. Mr. Augie Souza, regarding Mrs. Howard's parcel, addressed the Council inquiring about the acquisition of this parcel applying same to the total assessment. Mr. Philip D. Assaf, Bond Attorney for the City, ntoed that acquisition of this parcel could be applied to the total assessment for said parcel or owners could accept same in cash and allow the total assessment to be applied to the 15 year bonds. Staff reported that there were 46.7% written protests received; that some of the protests were invalid due to signed deferred development agreements on file with the City. Mr. Luis Carrillo, 180 Ronan Avenue, addressed the Council in- quiring about his $2,700.00 assessment since improvements have been constructed on his property. The Engineer of Work explained the inci- dental fees applied to his assessment, noting that he received a credit for the completed work. Mr. Carl Head, 8950 Church Street, addressed the Council in regard to the 46.7% protests received. Mr. Marsinilono Rios, 171 Liman Avenue, addressed the Council noting that he could not afford the assessment and further protested that the street proposed is too wide to accommodate the vehicles in front of his property. Staff presented a report on percentage of protests noting that several of same had previously signed a Deferred Development Agreement with the City, thus invalidating their protests. The City Attorney explained the definition of a Deferred Development Agreement. It was noted that 23.8% of the 46.7% protests received had signed deferred development agreements and that 22.9% of the protests received had not signed such agreements. ~ ..", Heard from the following in protest of the District: Mr. Robert Jaime, representing Assessment No.2, APN 790-16- 030 addressed the Council protesting the project. Mr. Larry Fiori, 230 Ronan Avenue, addressed the Council pro- testing the project noting that the bridge in the area is not proposed to be widened with the proposed street for 2 or 3 years and noted that there would be a problem if the bridge was not widened at the same time the street is improved. !l ....... Mr. George Hay, representing the buyers of the White Rock Motel property, addressed the Council and noted that the future owners pro- test this district. 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. --- I j ...... Res. #82-57 Res. #82-58 a.".".... Pub. Hear. re: Wmsn. Act Cont ract- G. Brem ..... I I ..... Res. #82-59 4729 Motion was made by Councilman Link seconded by Councilman Taylor and carried that the Public Hearing be closed. Discussion was had by Council regarding the project. Councilman Link noted that the HCD available funds of $208,700.00 would not be available for application to this project at any future date; that said funds are committed to this budget year. Mr. Philip D. Assaf, attorney, addressed the Council and presented Resolution No. 82-57 Overruling Protests on Resolution of Intention No. 81-93 as amended. On motion of Councilman Link seconded by Councilwoman Hughan and carried that Resolution No. 82-57 be adopted. RESOLUTION NO. 82-57 A RESOLUTION OVERRULING PROTESTS ON RESOLUTION NO. 81-93 OF PRELIMINARY DETERMINATION AND OF INTENTION, AS AMENDED - RONAN AVENUE - LIMAN AVENUE ASSESSMENT DISTRICT. PASSED AND ADOPTED this 19th day of April, 1982, by the following vote: AYES: COUNCIL MEMBERS: GAGE, HUGHAN, LINK, VALDEZ and GOODRICH NOES: COUNCI L ME~1BERS: ALBERT and TAYLOR ABSENT: COUNCIL MEMBERS: NONE RESOLUTION NO. 82-58 A RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE PROPOSED ACqUISITIONS AND IMPROVEMENTS - RONAN AVENUE- LIMAN AVENUE ASSESSMENT DISTRICT. FAILED this 19th day of April, 1982, by the following vote: AYES: COUNCIL MEMBERS: GAGE, HUGHAN, LINK, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: ALBERT and TAYLOR ABSENT: COUNCIL MEMBERS: NONE Mr. Assaf reported that Council would not be able to proceed at this point since Resolution No. 82-58 required six (6) affirmative votes of the Council. Motion was made by Councilwoman Albert seconded by Councilman Taylor and carried that Council rescind Resolution No. 82-58 to reconsider the matter at their next regular Council Meeting of May 3, 1982. Motion was made by Councilwoman Hughan seconded by Councilman Link and carried that the matter be continued to the May 3, 1982, Regular Council Meeting. The Mayor informed property owners wishing to withdraw their protest to file same with the City Clerk prior to May 3, 1982, regular Council meeting. The Mayor stated that it was the time and place scheduled for a public hearing to consider cancellation of a Williamson Act Contract on property located east of the South Valley Freeway, south of Pacheco Pass Highway, on approximately 37 acres, Glenn & Muriel Brem, applicant. The Staff Report was noted and further explained by Planning Di rector Dorn. The Mayor asked if there was anyone present 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 Councilwoman Hughan and carried that the Public Hearing be closed. Moti on was made by Councilman Link seconded by Councilman Gage that the reading of Resolution No. 82-59 be adopted granting a Certificate of Tentative Cancellation from the Williamson Act Contract to include all recommended findings of fact. RESOLUTION NO. 82-59 A RESOLUTION OF THE CITY COUfJCIL OF THE CITY OF GILROY, CALIFORNIA, GRANTING A CERTIFICATE OF TENTATIVE CANCELLATION OF WILLIAMSON ACT CONTRACT LOCATED IN THE CITY OF GILROY. 4730 Garlic Festi val Barnett-Range Underground Phone Facil- ities Res. #82-60 PASSED AND ADOPTED this 19th day of April, 1982, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: ALBERT, GAGE, and GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE HUGHAN, LINK, TAYLOR, VALDEZ Mr. Tim Filice, President of the Garlic Festival, addressed the Council requesting exclusive use of Christmas Hill Park for their annual festival from July 29 to August 1, 1982, and closure of Miller Avenue for through traffic at the facility site. n Motion was amrle by Councilwoman Hughan seconded by Councilman Gage and carried that the annual Garlic Festival be granted exclusive use of Christmas Hill Park for the annual festival and closure of Miller Park as requested. - Motion was made by Councilman Link seconded by Councilman Taylor and not voted upon requiring the donation from the Garlic Festival for Christmas Hill Park improvements be applied to fees due to the Police Department for overtime at such event. Council Members LInk and Taylor withdrevl their motion to allow this matter to be further discussed and alternative consideration explored with the Garlic Festival Committee and City STaff. City Administrator Wood presented and explained a request of Barnett-Range Corp. for waiver of undergrounding telephone facilities in Tract 6663, Woodworth Lands. Mr. Ron Cheek, Vice-President of Barnett-Range Corp., addressed the Council and further explained same noting that they would be re- quired to install underground facilities nn a portion of the frontage on Monterey Street; that they would be willing to cooperate with City requirements to accommodate future development on Monterey Street; and to provide a complete underground facility installation, the con- duit should be constructed during their development. City Administrator Wood suggested that Barnett-Range deposit one-half of the cost with the City, same to be placed in an interest bearing account and the City could obtain the balance when the other properties along Monterey Street developed. Mr. Cheek noted that it would be acceotable for their develop- ment to install the conduit if they received credit for the future development costs. Motion was made by Councilwoman Hughan seconded by Councilman Link and carried to continue the matter to the May 3, 1982, regular Council Meeting in order to obtain Continental Telephone Company's costs for installing the entire conduit along the frontage of the property and obtain an agreement for same with the Barnett-Range Corp. for a complete underground telephone facility in the area. ' Motion was made by Councilman Taylor seconded by Councilman Valdez that the reading of Resolution No. 82-60 be waived and that it be adopted supporting Safety Improvements to Pacheco Pass Highway. Councilwoman Hughan noted that she would attempt to determine if the Metropolitan Transportation Commission included the 7.8 mile reconstruc- tion project into its Regional Transportation Improvement Program. ,- - RESOLUTION NO. 82-60 I - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REAFFIRMING THE URGENT NEED FOR CONSTRUCTION OF SAFETY IMPROVD1ENTS ON ROUTE 152 (PACHECO PASS HIGHWAY). PASSED AND ADOPTED this 19th day of April, 1982, by the follwoing vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRI CH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE AB 2869 re: Energy Standards Gil roy Li ttl e League .-- I , ...... Res. #82-61 re: Bike to Work Day - -- Lorna Prieta Cons. Dist. S. C. Valley Water Dist. The Food Bank ... .... 4731 Motion was made by Councilman Link seconded by Councilman Gage and carried that the Council supports AB 2869 re: Delay of Mandatory Residential Energy Standards requested by Assemblyman E. L. Konnyu. Councilwoman Albert voted "no" on the motion. Noted a letter from the Gilroy Little League regarding use of Christmas Hill Park facilities for the current season. Mr. Dick Engen, President of the Gilroy South Little League, addressed the Council in regard to use of Christmas Hill Park ball field, noting that they agreed to move their scheduled Christmas Hill Park games if a field comparable to Christmas Hill Park main rliamond was provided. He further noted that he has scheduled games to begin at Christmas Hill Park on April 24, 1982, and would not be able to use the South Valley Hi9h School field since same is not prepared for said games. He further reported that the diamonds at South Valley High School are presently being used by the Golden Valley Little League and to prepare new diamonds at that location would not be accomplished in time to meet the League's scheduled games this season. Director of Parks & Recreation Ayer addressed the Council and reported that the only suitable softball field site to be developed at this time would be the El Roble School site and that the school is not interested in developing said site. Discussion was had by Council on the matter. Motion was made by Councilman Link seconded by Councilman Valdez and carried that the Gilroy South Little League be granted use of the main diamond at Christmas Hill Park for the 1982 season. Councilman Gage voted "no" on the motion noting that he wanted the motion to include requesting the School District to prepare a softball diamond at the El Roble School site. Motion was made by Councilwoman Hughan seconded by Councilwoman Albert that the reading of Resolution No. 82-61 be waived and that it be adopted proclaiming "Bike-To-Work" Day, April 30, 1982, requested by Cal- Trans. RESOLUTION NO. 82-61 A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DECLARING "BIKE TO WORK DAY. II PASSED AND ADOPTED this 19th day of April, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE A letter from Lorna Prieta Resource Conservation District was noted in re: to Black & Veach Report. Council tabled action since same is presently being studied. A request of the City of t10rgan Hill was noted in re: to revision of Santa Clara Valley Water District dedication requirement. Councilman Link noted that he would present said matter at the next Sewer Arlvisory Committee Meeting. A letter from The Food Bank requesting a budget allocation was referred to the Council Budget Study Sessions in May, 1982. The following informational items were noted with no separate discussion on same: League of California Cities, Capitol Briefing No.3, April 7, 1982 (Digest of Bulletin); Mrs. M. Duckworth-Lanzo in re: to multi-residential use in vicinity of Ronan Avenue; Santa Clara Valley Water District re: maintenance activities in South Zone; and New Mayor and Council Members' Institute May 12-14, 1982. 4732 Plan. Com. Report 4/15/82 The Report of the Planning Commission Meeting of April 15, 1982, was noted. Planning Director Dorn noted that the request for one (1) year extension of PUD Design Review was denied by the Planning Com- mission and no action required by Council. The Staff Analysis of County EIR on Nob Hill Recreation Park on Hecker Pass Highway was noted and further explained by the Plan- ning Director. Mr. Gary Coates, consultant for the project, addressed the ~,.; Council and further explained Council questions in regard to the EIR. ...- Mr. Bob Jacks Rancho Vista Court resident, addressed the Coun- cil and noted that his residence was approximately 800-900 feet from the proposed park and objected to commercial development in the area and requested that Council investigate this proposal thorouqhly. Discussion was had by Council on the matter. Motion was made by Councilwoman Albert seconded by Councilman Taylor and carried that the EIR does not sufficiently address the problems and that Council did not have sufficient time to review the EIR document. Motion was made by Councilwoman Hughan seconded by Councilman Gage and carried that the County be notified that the majority of the Council has not reviewed the EIR document for the project to specifi- cally approve or deny same. Mr. Gary Coates noted that he would furnish Council with copies of the EIR for said project. Motion was made by Councilwoman Albert seconded by Councilman Taylor and carried that the County be requested to continue action on the proposed EIR scheduled for April 26, 1982, until Council can review same. -- Commerce & Ind. The proposed Commercial and Industrial Condominium Policy was Condo. Policy noted. -- Motion was made by Councilwoman Hughan seconded by Councilman Gage and carried that same be continued to the May 17, 1982, regular Council Meeting. Heritage Comm. Recommenda- tions The Historic Heritage Committee recommendations were noted and Council requested that same be continued to a future meeting of the Counci 1. Lib. & Cult. Com. 3/2/82 The Minutes of the Library and Culture Commission Meeting of March 2, 1982, were noted. Qtrly Financial The Quarterly Financial Report for the City was noted. Report Res. #82-62 re: Motion was made by Councilman Link seconded by Councilwoman PERS Contract Hughan that the reading of Resolution No. 82-62 be waived and that it be adopted. RESOLUTION NO. 82-62 A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF GILROY. PASSED AND ADOPTED this 19th day of April, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE \IIIIIIl I ....... Personnel Director Booth noted that the Fire Department Employ- ees were notified of the proposed costs and would have an election for same.; I 4733 The Public Disclosure of Future Costs was noted. Motion was made by Councilman Link seconrled by Councilwoman Hughan and carried that the proposed ordinance be introduced and published by title and summary adopting the amendment to the contract. Res. #82-63 re: City Administrator Wood presented a resolution amending the Personnel Sick Leave Rules and Regulations re: Sick Leave, noting that the Police Association is opposed to same. Motion was made by CouncilMan Link seconded by Councilman Gage that the reading of Resolution No. 82-63 be waived and that it be adopted re: Personnel Rules & Regulations regarding Sick Leave. jIIIIIIMll I .... RESOLUTION NO. 82-63 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY REVISING PERSONNEL RULES AND REGULATIONS CONCERNING SICK LEAVE. PASSED AND ADOPTED this 19th day of April, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE Goldsmith Seeds A Report of the Fire Chief re: E. H. Duerr, A.I.A., request for re: Fire additional fire protection for Goldsmith Seeds was noted. Discussion Protection was had by Council on the matter. Fire Chief Brittain further explained the request. Motion was made by Councilman Link seconded by Councilwoman Hughan and carried that the proposed plans include a water meter to measure all amounts of water if and when same is used; said meter installation, etc. to be paid for by Goldsmith Seeds, Inc.; and said plan subject to Council approval. "".... Budget Amend. Ind. Sewer Plant ..... Railroad Crossings Asphalt Recyc 1 i ng ~ Project I I .... A & Site Cont. Adv. Com. Apptmt. Executive Session re: City Administrator Wood presented a recommendation to amend the Industrial Sewer Treatment Plant Bud~et to accommodate the installation of chlorination equipment in the amount of $15,000.00 to be paid for by the industries and installation of six (6) dewatering wells in the amount of $24,000.00 to be paid for by the industries. Motion was made by Councilman Link seconded by Councilman Gage and carried that the budget be amended in the amount of $15,000.00 and $24,000.00 as recommended to provide for installation of the chlorination equipment and dewatering wells. City Administrator Wood presented a report on grade crossing pro- tection at Cohansey Avenue; recommendation of Public Utilities Commission to close Las Animas Avenue crossin~, and request for Council direction on same. Motion was made by Councilman Link seconded by Councilwoman Hughan that the matter be continued to the May 3, 1982, Regular Council Meeting and that the property owners in the area be notified of Council's consi- deration to close Las Animas Avenue. City Administrator Wood presented a recommendation for Asphalt Recycling Project. Motion was made by Councilman link seconded by Councilwoman Hughan and carried that the bid for same be approved as recommended. The Mayor appointed Mrs. Ken Cooper (Carol) to fill the unexpired term (12-31-82) of Mr. William Robinson on the Architectural and Site Control Advisory Committee. Councilman Gage inquired of the Executive Session scheduled for the May 3, 1982, regular Council ~1eetinq. It was noted that same was scheduled in regard to the Memorandum of Understanding contracts. Council requested that an additional item be scheduled for Executive Session, specifically, to discuss personnel matters. 4734 Train Trip League Meeti ng Adjournment ... , : Councilwoman Hughan reminded Council of the train trip on April 26, 1982, at 4:40 a.m. The Mayor noted that Councilwoman Hughan has been designated as the City's official representative for said occasion. Council- woman Hughan requested a framed copy of Resolution No. 82-52, "Save the Train Day", for presentation to Adriana Gianturco, Director (Cal Trans). The Mayor noted the League of California Cities Peninsula Division Meeting, April 29, 1982. At 11:37 p.m., the Mayor adjourned the meeting. Respectfully submitted, ....<1;V""~? . d~ ~ City Clerl<