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Minutes 1982/05/03 4734 Ro 11 Ca 11 Cons en t Ca 1 endar Minutes ... ~1ay 3, 1982 Gilroy, California The Regular ~~eeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:00 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. City Administrator Hood noted that Items "D" and "[" request- ing Acceptance of Improvements should be requesting Authorization to Call Bids for said improvements and that Item "G" regarding I.F.D.E.S. request for a parade permit shoulct be removed from the Consent Calen- dar to discuss fire and safety violations of the I.F.D.E.S. Hall. Motion was made by Councilman Link seconded by Councilman Gage that the following items under the Consent Calendar excluding Item "G" be approved by the following Roll Call Vote: Ayes: Council Members: Albert, Gage, Hughan, Link, Taylor, Valdez and Goodrich. Approved the Minutes of the Adjourned Regular Council Meeting of April 13, 1982; Approved the Minutes of the Regular Council Meeting of April 19, 1982; Ord. #82-13 re: Adopted Ordinance No. 82-13 Amending Section 17.4 of the Gilroy Sick Leave City Code re: Employee Sick Leave. Storm Drain Imp'-7th/ Dowdy Sts. Uvas Pk. Bike- way Phase IU Hidden Glen Tr. #6256 Claims Against City ORDINANCE NO. 82-13 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 17.4 OF THE GILROY CITY CODE PERTAINING TO SICK LEAVE WITH PAY. PASSED AND ADOPTED this 3rd day of May, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE; Authorized request to advertise the call for bids for Improve- ments of Storm Drains - Seventh/Dowdy Streets; Authorized request to advertise the call for bids for improve- ments of Uvas Park Bikeway, PhasehI; Accepted Improvements for Tract 6256, Hidden Glen #7, as recom- mended; Denied the following four (4) Cross Claims re: E. Nicholudis Case: County of Santa Clara, Ditto Freight Lines, XL Freight Transport, and Blake McPherson; 4735 Def. Dev. Agree. Approved the fOllowing two (2) Deferred Develorment Agreements: Konle Dev. & Konle Development, Ltd. and John M. & Michael J. Filice; ann Fil i ce Budget Amendments I FDES Parade ""... I Res. #82-65 - Bids re: Las Ani mas Tech. Pk. Assmt. Dist. ,"00;,;,.,:",,.,,,1 Approved a request to amend the 1981-82 Budget (0100; 0400; 0900; and 0300). Discussion was had regarding the request of the I.F.D.E.S. for their Annual Parade Permit May 16, 1982. City Administrator Wood presented and explained a memorandum from the Chief Building Inspector in regard to fire and safety violations at the I.F.D.E.S. Hall. Motion was made by Councilman Link seconded by Councilman Valdez that the reading of Resolution No. 82-65 approving the parade request of the I.F.D.E.S. be waived and be adopted, noting that the I.F.D.E.S. Hall cannot be occupied until the fire and safety violations are corrected. RESOLUTION NO. 82-65 RESOLUTION OF THE CITY COUNCIL REQUESTING APPROVAL OF THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGH\lJAYS, TO PERMIT A PARADE WITHIN THE CITY OF GILROY. PASSED AND ADOPTED this 3rd day of May, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE City Administrator Wood reported on bids received April 30, 1982, for the Las Animas Technology Park Assessment District noting that the bids were as follows: Raisch Construction Co. - $2,575,816.25; Piazza Construction Co. - $,598,106.10; Samuel R. Spencer - $2,614,044.02; Granit Construction Co. - $2,640,749.00; Eilert Construction Co. - $2,689,214.00; and Swengel Robbins - $2,696,238.02. He noted that there was an addition error in the bid of Samuel R. Spencer and that the corrected total was $2,482,544.02 recommending that the bid be awarded Samuel R. Spencer for the corrected amount of $2,482,544.02; corrected amount concurred by Samuel R. Spencer. Res. #81-66 thru Mr. Philip D. Assaf, Bonding Attorney, presented the following 82-69 . resolutions for consideration: -- , ...... A Resolution Providing for the Addition of Acquisitions and Im- provements as Requested by Proper~v Owners was read. On motion of Council- woman Hughan seconded by Councilman Link and unanimously carried, Resolu- tion No. 82-66 was adopted. A RESOLUTION PROVIDING FOR THE ADDITION OF ACQUISITIONS AND IMPROVEMENTS AS REQUESTED BY PROPERTY OWNERS - LAS ANIMAS TECHNOLOGY PARK ASSESSMENT DISTRI CT. PASSED AND ADOPTED this 3rd day of May, 1982, by the fOllowing vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCI L MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE A Resolution Ordering Reduction of Assessments was read. On motion of Councilwoman Hughan seconded by Councilman Link and unanimously carried, Resolution No. 82-66A was adopted. RESOLUTION NO. 82-66A A RESOLUTION ORDERING REDUCTION OF ASSESSMENTS - LAS ANIMAS TECHNOLOGY PARK ASSESSMENT DISTRICT. PASSED AND ADOPTED this 3rd day of May, 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 Resolution Determining Unpaid Assessments in the amount of $4,600,000.00 and Providing for Issuance of Bonds was read. On motion of Councilwoman Hughan seconded by Councilman Link and unanimously carried, Resolution No. 82-67 was adopted. 4736 RESOLUTION NO. 82-67 A RESOLUTION DETERMINING UNPAID ASSESSMENTS AND PROVIDING FOR ISSU- ANCE OF BONDS - LAS ANIMAS TECHNOLOGY PARK ASSESSMENT DISTRICT. PASSED AND ADOPTED this 3rd day of May, 1982, by the fOllowing vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRI CH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE A Resolution Authorizing Execution of Purchase Contract with interest rate at 13.341%, 14% discount - 12% coupons was read. On motion of Councilwoman Hughan seconded by Councilman Link and unani- mously carried, Resolution No. 82-68 was adopted. ,..... 1 I - RESOLUTION NO. 82-68 A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF PURCHASE CONTRACT - LAS ANIMAS TECHNOLOGY PARK ASSESSMENT DISTRICT. PASSED AND ADOPTED this 3rd day of May, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRI CH NOES: COUNCIL MH~BERS: NONE ABSENT: COUNCIL MEMBERS: NONE A Resolution Awarding Contract to Samuel R. Srencer, subject to recei pt of proceeds of the bonos expectect to be deli vered ~1ay 17, 1982, was read. On motion of Councilwoman Hughan seconded by Council-. man Link and unanimously carried, Resolution No. 82-69 was adopted subject to receipt of proceeds of the bonds. RESOLUTION NO. 82-69 A RESOLUTION OF AWARD OF CONTRACT - LAS ANIMAS TECHNOLOGY PARK ASSESS- MENT DISTRICT. PASSED AND ADOPTED this 3rd day of May, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCI L MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE .... - Ronan-Liman Ave. Assmt. Dist. The Mayor stated that it was the time and place scheduled for continuation of Council deliberations re: Ronan Avenue-Liman Avenue Assessment District, noting that the Public Hearing was closed April 19, 1982. The Staff Report and withdrawal of property owner protests was noted. Discussion was had by Council. Director of Public Works-City Engineer Hansen explained the percentage of protests including those that had withdrawn their protests. ~,1r. Philip D. Assaf, attorney, presenteo the following resolu- tions for consideration: Res. #82-70 thru A Resolution Finding and Determining that the Public Conven- 82-73 i ence and Necess ity Requi re Proposed Acqui s iti ons and Improvements was read, noting that passage of said resolution requires a 4/5th affirma- tive vote of the Council. On motion of Councilman Link seconded by Councilman Gage and carried, Resolution No. 82-70 was adopted. ~ RESOLUTION NO. 82-70 - A RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE PROPOSED ACQUISITIONS AND IMPROVE~.1ENTS - RONAN AVENUE- LIMAN AVENUE ASSESSMENT DISTRICT. PASSED AND ADOPTED this 3rd day of May, 1982, by the following vote: AYES: COUNCIL MEMBERS: GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRI CH NOES: COUNCIL MEMBER: ALBERT ABSENT: COUNCIL MEMBERS: NONE A Resolution Ordering Reduction of Assessments was read. On motion of Councilman Link seconded by Councilman Gage and carried, Reso- lution No. 82-71 was adopted. . ""... i -- -... - Pub. Hear. re: Emp. L imits- Ind. Dev. ..... Intro. Ord. .-. Pub.Hear. re: Rezoning- Ronan Corners 4737 RESOLUTION NO. 82-71 A RESOLUTION ORDERING REDUCTION OF ASSESSMENTS - RONAN AVENUE-LIMAN AVENUE ASSESSMENT DISTRICT. PASSED AND ADOPTED this 3rd day of May, 1982, by the following vote: AYES: COUNCIL MEMBERS: GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: ALBERT ABSENT: COUNCIL MEMBERS: NONE A Resolution and Order Adopting Engineer's Report, Confirming the Assessment and Ordering the Work and Acquisitions was read. On motion of Councilman Link seconded by Councilman Gage and carried Resolution No. 82-72 was adopted. RESOLUTION NO. 82-72 A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESS- MENT AND ORDERING THE WORK AND ACQUISITIONS - RONAN AVENUE-LIMAN AVENUE ASSESSMENT DISTRICT. PASSED AND ADOPTED this 3rd day of May, 1982, by the following vote: AYES: COUNCIL MEMBERS: GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: ALBERT ABSENT: COUNCIL MEMBERS: NONE A Resolution Designating Collection Officer was read. On motion of Councilman Link seconded by Councilman Gage and carried Resolution No. 82-73 was adopted. RESOLUTION NO. 82-73 A RESOLUTION DESIGNATING COLLECTION OFFICER - RONAN AVENUE-LIMAN AVENUE ASSESSMENT DISTRICT. PASSED AND ADOPTED this 3rd day of May, 1982, by the following vote: AYES: COUNCIL MEMBERS: GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: ALBERT ABSENT: COUNCIL MEMBERS: NONE The Mayor stated that it was the time and place scheduled for the continued Public Hearing to adopt new employment limits for industrial development for the next subsequent three (3) years, per Ordinance No. 81-21. Planning Director Dorn presented and explained the Staff Report including the Chamber of Commerce's recommendations noting that he con- curred with same. The Mayor asked if there was anyone present in the audience wishing to speak on the matter. Mr. Gene Argo, Filice Drive, addressed the Council requesting that Council concur with the Chamber of Commerce's recommendation and not limit employment for industrial development. 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 audience. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the Public Hearing be closed. Council discussion was had as to why the Local Agency Formation Commission is not requiring other cities to comply with setting employment limits. Motion was made by Councilman Link seconded by Councilman Valdez and carried that the reading of a proposed ordinance be waived approving the Chamber of Commerce's recommendations and that it be introduced ann published by title and summary. Councilwoman Albert requested an amendment to said motion to remove lIor exceeded II from Section 4-C, Line 4. The amendment to the motion died for lack of a second. The Mayor stated that it was the time and place scheduled for a Public Hearing on a rezoning request of Ronan Corners, applicant, on approximately 0.78 acres from R1 (Single Family) District to R3 (Low- Density Multiple-Family) District, located at 101 Ronan Avenue, at the northwest corner of Ronan and Lilly Avenues. 4738 Pub. Hear. re: Wmsn. Act Cancellation- E.S. Filice Res. #82-74 Pub. Hear. re: Gen. Plan Planning Director Dorn presented and explained the Staff Report. The Mayor asked if there was anyone present in the audience wishing to speak on the proposed rezoning. Mr. Larry Fiori, 230 Ronan Avenue, addressed the Council and presented a petition signed by 75 petitioners protesting the rezoning proposal. Mr. Hiram Miller, 7951 Wren Avenue, representing the applicant, addressed the Council noting that the applicant concurs with Staff and the Planning Commission recommendations. IIIIIIIt ! 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 audience. ...... Motion was made by Councilman Link seconded by Councilman Taylor and carried that the Public Hearing be closed. Discussion was had by Council on the matter. Motion was made by Councilwoman Hughan seconded by Councilman Gage and carried that the reading of the proposed ordinance rezoning the property be waived and that it be introduced and published by title and summary. Councilwoman Albert voted IInoll on the motion. The Mayor stated that it was the time and place scheduled to consider cancellation of a Williamson Act Contract on property loca- ted east of the South Valley Freew~y, northeast of Luchessa Avenue and Rossi Lane on approximately 66 acres, Ernest S. Filice, et al, applicants. Planning Director Dorn presented and explained the Staff Report. 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 Councilman Taylor and carried that the Public Hearing be closed. Motion was made by Councilman Link seconded by Councilman Gag~ that the reading of Resolution No. 82-74 be waived and that it be . adopted granting a Certificate of Tentative Cancellation. RESOLUTION NO. 82-74 A RESOlUTION OF THE CITY COUNCIL OF THE CITY OF GILROY, CALIFORNIA, GRANTING A CERTIFICATE OF TENTATIVE CANCELLATION OF WILLIAMSON ACT CONTRACT LOCATED IN THE CITY OF GILROY. PASSED AND ADOPTED this 3rd day of May, 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 Public Hearing to consider revisions to the General Plan Text and Map. ...... Planning Director Dorn presented and explained the Staff Report. - The Mayor asked if there was anyone present in the audiencg wishing to speak on the matter. There was no comment from anyone in the audience. Motion was made by Councilman Gage seconded by Councilwoman Hughan and carried that the Public Hearing be closed. Discussion was had by Council on the matter. Motion was made by Councilwoman Hughan seconded by Councilman Gage and withdrawn to adopt Policy 1, 2 and 43 recommended by the Planning Commission with a change of the word IIwillll on Page VI-7, . ""i ! ...... \ Res. #82-75 .".;"", ~_>("l Las Animas RR Crossing ~ ... 4739 Policy 43 to IIshould.1I Motion was made by Councilwoman Hughan seconded by Councilman Gage and carried that Policy 1, Page IV-1 be approved as submitted. Council- woman Albert voted IInoll on the motion. Motion was made by Councilwoman Hughan seconded by Councilman Gage and carried that Policy 2, Page IV-1 be approved as recommended by the Planning Commission. Motion was made by Councilwoman Hughan seconded by Councilman Gage and carried that Policy 43, Page VI-7 be approved as recommended by the Planning Commission with a change of the word IIwillll to IIshould.'! Discussion was had regarding the change of the General Plan Map in the vicinity of Mesa Road/Miller Avenue/Santa Teresa Boulevard. Motion was made by Councilwoman Albert seconded by Councilwoman Hughan and not carried that the area on the General Plan Map in the vicinity of Mesa Road/Miller Avenue/Santa Teresa Boulevard be rural residential. Council Members: Gage, Link, Taylor and Valdez voted IInoll on the motion. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the Planning Commission's recommendation be approved to not change the current designation of low-density residential in the vicinity of Mesa Road/Miller Avenue/Santa Teresa Boulevard. Councilwomen Albert and Hughan voted IInoll on the motion. Motion was made by Councilman Link seconded by Councilman Gage that the reading of Resolution No. 82-75 be waived and that it be adopted re- vising all of the General Plan Text and Map concepts as recommended by the Planning Commission and Council. RESOLUTION NO. 82-75 RESOLllTION OF THE COUNCIL OF THF CITY OF GTIROY APPROVING AMENDMENTS TO THE GENERAL PLAN FOR THE CITY OF GILROY. PASSED AND ADOPTED this 3rd day of May, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRI CH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE The Mayor stated that it was the time and place scheduled for an informal hearing regarding the Public Utilities Commission proposal to close Las Animas Avenue railroad crossing. The Staff Report was further explained by Director of Public Works- City Engineer Hansen noting that there would possibly be no federal funds available for iMprovements of this crossing if same were to remain open. Councilman Gage requested that a traffic count be made for this crossing and the City's liability determined if. same were to remain open with no improvements to said crossing. The Mayor asked if there was anyone present in the audience wishing to speak on the matter. Mrs. Jean Beno, Murray Avenue, addressed the Council requesting that Las Animas crossing remian open. She noted that all those persons that she spoke with that signed a petition four (4) years ago requesting said crossing be left open have not changed their protests. Mr. Tony Duran, 460 Las Animas Avenue, addressed the Council re- questing that the Las Animas Crossing remain open. Mr. James V. Castanza, 135 Las Animas Avenue, addressed the Council quoting a newspaper article of approximately four (4) years ago when this matter was discussed at a public hearing and requested that said crossing remain open at whatever cost. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. 4740 Hwy Fi nanci ng Task Force Barnett- Range/ VJoodworth Lands Mr. Lloyd Martin, Murray Avenue property owner, addressed the Council requesting that said crossing remian open to provide for future industrial development in the area. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. Mr. Marlin Fluegge, 55 Las Animas Avenue, addressed the Coucnil requesting that said crossing remian open since said crossin~ is the only direct route for emergency vehicles to service the houses at the end of Las Animas Avenue. ~ ! Mr. Coy Phillips, 8495 Murray Avenue, addressed the Council re- questing that said crossing remain open. He noted that four (4) years ago Council agreed to install a ramp on Monterey Street at the Las Asnimas Crossing which was constructed; that it was his understanding that the signals were also to be installed at said location. He further noted that he would agree to pay his share, if any, to improve the crossing and keep it oren. ....... The Mayor noted that it is not the City Council desiring to close the Las Animas Crossing; that the Public Utilities Commission is con- s i de ri n g same. Motion was made by Councilman Link seconded by Councilman Gage and carried that the matter be agendized for the June 7, 1982, Regular Council Meeting in order to provide time for Staff to obtain a traffic count at said crossing, determine the City's liability in the matter and determination of the availability of fundinq to improve the cross- ing. Mr. Ernest Boswell addressed the Council regardin9 a Santa Clara County Task Force On Highway Financing and presented information regqrd- ing the Committee's proposal. He noted that additional funds are needed for maintenance of city and county streets and highways and the City Council will be invited to a future meeting for input on the proposal of increasing the gas tax for said needed funds. ~ ~ The Mayor asked if there was anyone oresent. in the audience wishing to speak on any item not on the agenda. Mr. Paul Barrish, Las Animas Technology Park representative, addressed the Council and noted appreciation to City Staff for proces- sing the Official StateMent for the Las Animas Technology Park Assess- ment District. ~1r. Tony Lerma, 9055 ~1orey Avenue, addressed the Counci 1 oppos- ing the Gilroy Police Department quota system referred to in a recent newspaper article. City Administrator Wood reported that the newspaper article was incorrect; that a system has been proposed to improve goals in various city departments; and that the point system referred to in the news- paper arti cle was only a proposal on a method of measuring performance to be tried on one shift only. A request of Barnett-Range Corporation for waiver of underground telephone facilities in Tract 6663, Woodworth Lands, was noted and con- tinued from the April 19, 1982, regular Council Meeting. A letter from the Continental Telephone Company regarding estimates for said under- ground facilities was noted. City Administrator Wood presented a letter from Barnett-Range Corp. offering a compromise in accord with the Continental Telephone Co. estimates and recommended acceptance of same. ...... I ! ...."'~ Discussion was had by Council on the matter. ~1otion was made by Councilman Gage seconded by Councilwoman Hughan and carried that the compromise of Barnett-Range Corporation as presented and recommended be approved to insure the installation of underground telephone facilities in Tract 6663 and noting that any additional costs would be paid for by intervening properties as they develop. 4741 Bonanza Days A letter from Gilroy Bonanza Days Committee was noterl requesting use of City facilities and parade permits for their Annual Celebration June 5-13, 1982. Res. #82-76 "",..., I I -- ~ ...... P & R Com. 4/20/82 AIA re: Las Animas Pk. Phase I ...- -- Sr. Citizens Adv. Brd. Meeting Lib. & Cu It. Com. Monthly Reports Motion was made by Councilman Link seconded by Councilman Gaqe and carried that Gilroy Bonanza Days Committee be granted use of Christmas Hill Park on June 5, 1982, from 4:00 p.m. to 11:00 p.m. for the Annual Barbecue and on June 13, 1982, from Noon to 7:00 p.m. for Fair and Picnic event, approved the June 12, 1982, Junior Parade route and schedule; and that the reading of Resolution No. 82-76 be waived and that it be adopted approving the Senior Parade route and schedule on June 13, 1982, a portion being held on State Route 152 (First Street). RESOLUTION NO. 82-76 RESOLUTION OF THE CITY COUNCI L REQUESTING APPROVAL OF THE STATE OF CALI FORNIA, DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAY TO PERMIT A PARADE WITHIN THE CITY OF GILROY. PASSED AND ADOPTED thi s 3rd day of May, 1982, by the fall owi ng vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALOEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE The following informational items were noted with no separate dis- cussion on same: County Librarian in re: to 1982-83 revenue estimates; Hoffman & Associates in re: to Old City Hall Project; Request of Golf Course Project; Six (6) Month Report on County's Burglar Alarm Ordinance; League Legislative Bulletin dated April 23, 1982; Resolution of the City of Cupertino supporting benefit assessment for flood control; and County of Santa Clara Historical Heritage Commission re: City of Gilroy's 1982 Award for Excellence. Councilwoman Albert congratulated the Committee, Staff and Robin McGinnis, for making the award possible. The Mayor noted that he appointed Councilwoman Hughan to accept said award May 11, 1982. The Minutes of the Parks and Recreation Commission Meeting of April 20, 1982, were noted. Discussion was had regarding a recommendation to approve $7,500.00 of architect's fees for Phase I of Preliminary Plans for additional five (5) acre site at Las Animas Park and further explained by Parks and Recrea- tion Director Ayer. Motion was made by Councilwoman Hughan seconded by Councilwoman Albert and carried by the fOllowing Roll Call Vote to approve the request of the Parks and Recreation Commission to engage architects (Royston, Hanamoto, Alley & Abey) for Phase I of Preliminary Plans for the additional five (5) acre site at Las Animas Park at a total cost of $7,500.00: Ayes: Council Members: Albert, Gage, Hughan, Valdez and Goodrich. Noes: Council Members: Link and Taylor. The Minutes of the Senior Citizens' Advisory Council Meeting of March 1982 were noted. The Minutes of the Library and Culture Commission Meeting of April 6, 1982, were noted. The Summary of Monthly Reports of March, 1982, was noted. 4742 Exec.Session re: The Mayor noted that the scheduled Executive Session regarding Police M.O.U. Police Memorandums of Understanding anrl personnel matters would be & Personnel following this agenda. He noted the request of the Fire Department Matters Association to present an oral statement re: 2% at 50, prior to the Council Executive Session. Crime Statis- ti cs Fire Dept. Annual Report Ind. Bond Policies & Fees-Res. #82-77 Nob. Hill Rec. Pk. Bri~e Repai r- Llagas Creek Mr. Steve Blatt-Covington, representing the Fire Department Association, addressed the Council noting that they object to the fire personnel paying a portion of the police employees' retirement, if they elect to the 2% at 50, since the percentage of payment would differ if the police employees do not elect the 2% at 50 proposed contract amenrlment. He noted that if the percentaqes were different ~ for police and fire, that the fire personnel would-'be paying a portion · I of those police personnel retiring from the City since PERS would re- ... quire one percentage for all public safety employes; and if the fire department personnel were required to pay the additional cost for 2% at 50. Council inquired if the proposed amendment for 2% at 50 could be postponed to after July 1982 when the actual percentages would be known. Fire Fighter Covington noted that same would affect one employee who has indicated he may retire prior to July 1982. The Police Chief's Report on crime Statistics was noted and con- tinued for input from the Police Chief not present at this meeting. The Annual Report of the Fire Department was noted and further explained by Fire Chief Brittain. A report on Industrial Bond Application and Fees was noted. Motion was made by Councilman Link seconded by Councilman Tay- lor that the reading of Resolution No. 82-77 be waived and that it be adopted establishing policies relating to aoolications anrl fees of the Industrial Development Authority. --- RESOLUTION NO. 82-77 A RESOLUTION OF ESTABLISHMENT OF POLICIES RELATING TO APPLICATIONS AND FEES - INDUSTRIAL DEVELOP~~ENT AUTHORITY OF THE CITY OF GI LROY. PASSED AND ADOPTED this 3rd day of ~1ay, 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 noted the Staff Analysis of County EIR on Nob Hill Recreation Park on Hecker Pass Highway continued from the April 19, 1982, regular Council Meeting and request of the applicant for continua- tion to the May 17, 1982, Regular Council Meeting. He further noted that Supervisor Wilson informed him that the County would take action on same at their May 17, 1982, Meeting and Council should act on same prior to that date. The Mayor instructed the City Administrator to determine if the County has, in fact, continued their action on the matter to their May 24, 1982, meeting and a Study Session of the Council in regard to the EIR could be scheduled for May 20 or 21, 1982, when he will return in order to have a full Council at said proposed Study Session for Council action prior to the Board of Supervisors meeting of May 24, -- 1982.i I ! - Assistant City Administrator Reinsch presented a report and recommended award of the low bid of R. L. Chaides Construction Co., Inc., of Santa Clara in the amount of $6,600.00 for bridge repair across Llagas Creek at the sewer plant, noting that the City would be reimbur- sed by the Federal Government for this flood damage. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the bid of R. L. Chaides Construction Co., Inc., in the amount of $6,600.00 be awarded for bridge repair across Llagas Creek at the sewer plant as recommended and that the 1981-82 Budget be amended for same. Save-the Train Trip Adjournment ... 4743 : Councilwoman Hughan noted that the train trip to Sacramento on April 26, 1982, was a success. At 11:15 p.m., the Mayor adjourned to an Executive Session of the Counci 1. At 12:30 a.m., May 4, 1982, the Mayor reconvened the Meeting and further adjourned said meeting. Respectfully submitted, 4UgU-)h.~ City Clerk