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Minutes 1982/05/17 ~ 4743 May 17, 1982 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Protempore Marion T. Link at 8:00 p.m. Roll Call Present: Council Members: Sharon A. Albert, Donald F. Gage, Roberta H. Hughan, Marion T. Link, Robert E. Taylor and Pete Valdez, Jr. Absent: Council Member: Norman B. Goodrich. Consent Motion was made by Councilman Taylor seconded by Councilman Gage Calendar that the following items under the Consent Calendar be approved by the following Roll Call Vote: Ayes: Council Members: Albert, Gage, Hughan Taylor, Valdez and Link. Absent: Council Member: Goodrich. Minutes Approved the Minutes of the Regular Council Meetin~ of May 3, 1982; Salary Approved Salary Achievement Increases for the following six (6) City Increases Employees, effective June 1, 1982: Ascencion Salinas, Wastewater Treatment Plant Operator I, Range 28 from Step B, $1,405 to Step C, $1,475; Steve Baty, Police Officer, Range 32a from Step D, $2,147 to Step E, $2,254; John Robinson, Police Officer, Range 32a from Step C, $2,045 to Step D, $2,147; Joe Deras, Multi-Service Officer, Range 30 from Step B, $1,751 to Step C, $1,839; Michelle Gough, Parking Enforcement Attendant, Range 21.5 from Step C, $1,231 to Step D, $1,293; and Peter Timewell, Police Sergeant, Range 36 from Step C, $2,464 to Step D, $2,587; Ord. #82-14 Adopted Ordinance No. 82-14 Authorizing an Amendment to the PERS PERS Contract Contract; ORDINANCE NO. 82-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF GILROY AND THE BOARD OF AMINISTRATION OF THE CALIFOP~IA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. PASSED AND ADOPTED this 17th day of May, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, TAYLOR, VALDEZ and LINK NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: GOODRICH; Tent. Map Raisch Co. Set a Public Hearing date of June 7, 1982, on a Tentative Map request for an Industrial Subdivision of Sixteen (16) Lots on property prezoned M2 (General Industrial) District located east of Chestnut Street, and south of Banes Lane, on approximately 20.254 acres, Raisch Co., appli- cant. Tent. Map T. Ringel Set a Public Hearing date of June 7, 1982, on a Tentative Map request for a Residential Subdivision of 68 Lots on property prezoned Rl PUD (Single Family) Planned Unit Development District (presently in process of being annexed to the City) located on the west side of Kern Avenue, 250 feet north of Welburn Avenue, on approximately 14.5 acres, Ted Ringel, applicant; Res. #82-78 Sewer Ease. Woodworth Lands Adopted Resolution No. 82-78 setting a Public Hearing date of June 21, 1982, on Intent to Abandon a Sewer Easement Within Tract 6663 (Woodworth Lands). 4744 Dev. Agree. Tr. #7078 Rewiring Project Budget Amendments Ord. #82-15 Ind. Dev. Ord. Ord. #82-16 Ronan Cor. RESOLUTION NO. 82-78 RESOLUTION OF INTENTION TO ABANDON A PORTION OF A SANITARY SEWER EASEMENT IN TRACT NO. 6663. PASSED AND ADOPTED this 17th day of May, 198?, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, TAYLOR, VALDEZ and LINK NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: GOODRICH; Granted a one (1) year extension of a Development Agreement for Tract #7078; CJ.;f.'/Ie"',I1e4d~'Llh). ro.'-'" Accepted Rewiring Project Improvements for Monterey Street (Welburn Avenue to Tenth Street); Approved a request for amendments to the 1981-82 Budget (2013; 2600; 0700; and 2200); - Adopted Ordinance No. 81-15 amending the Industrial Development Ordi nance; ORDINANCE NO. 82-15 ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 4 OF ORDINANCE NO. 81-21, THE INDUSTRIAL DEVELOPMENT ORDINANCE. PASSED AND ADOPTED this 17th day of May, 1982, by the following vote: AYES: COUNCI L MH1BERS: ALBERT, GAGE, HUGHAN, TAYLOR, VALDEZ and LINK NOES: COUNCIL ~1H~BERS: NONE ABSENT: COUNCIL MEMBER: GOODRICH Adopted Ordinance No. 82-16 rezoning Ronan Corners, 101 Ronan Avenue from Rl (Single Family) District to R3 (Low-Density Multip- Family) District. ORDINANCE NO. 82-16 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING A 0.78 ACRE PARCEL ON THE NORTHWEST CORNER OF RONA~ AND LILLY AVENUES FROM R1 (SINGLE FAMILY RESIDENTAIL) TO R3 (LOW-DENSITY MULTIPLE-FAMILY RESIDENCE) DISTRICT. PASSED AND ADOPTED this 17th day of May, 1982, by the following vot~: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, TAYLOR, VALDEZ and LINK NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: GOODRICH .. ,j"" ~._---~ Light Conversion City Administrator Wood presented and explained a report on bids Proj.-Las received May 10, 1982, for a Light Conversion Project for the Tennis Animas Pk. and Handball Courts at Las Animas Park, recmmending the low bid of Gilroy Electric be awarded in the amount of $9,209.18 for the tennis court light conversion project, award of the handball court light cqn- version, and approval of Alternates No. 1 and 2 for the token meters and budget amendments to provide for same. Corp. Yd. Alarm Syst. Motion was made by Councilwoman Hughan seconded by Councilwoman Albert and carried tbat the bid of Gilroy Electric in the amount of $9,209.18 be awarded for the tennis light conversion project and that the 1981-82 Budget be amended in the amount of $1,772.00 to allow for award of the handball court light conversion and that Alternates No. 1 and No.2 be approved for the token meters, also amending the 1981- 82 Budget in the amount of $3,085.00 to allow for said meters. ,...... ....... City .dministrator Wood presented a report and recommendation on the Corporation Yard Alarm System recommmending that same be awarded to Suregard Alarm in the Amount of $20,503.26, further explained by Director of Public Works-City Engineer Hansen. Motion was made by Councilman Gage seconded by Councilwoman Hugh- an and carried that the bid of Suregard Alarm be awarded in the amount of $20,503.26 for the Corporation Yard Alarm System, as recommended. Chestnut St. 81-7 Reorg. Res. #82-79 ".,.. [ .... Man te 11 i Re- org. 81-10 ,..."~"",, -- Sister City So. Valley ___ Business Pk. Tent. Map .... ABAG So. Val ley Counsel ing Center 4745 Mayor Protempore Link noted receipt of a Petition from Raisch Company, applicant, requesting reorganization of Uninhabited Territory to be known as "Chestnut Street Reorganization 81-]1' located on the easterly side of Chestnut Street between Banes Lane and Luchessa Avenue, containing 20.74 acres. Motion was made by Councilman Taylor seconded by Councilman Gage that the reading of Resolution No. 82-79 be waived and that it be adopted. RESOLUTION NO. 82-79 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 ACT OF 1965 DESIGNATED AS CHESTNUT STREET 81-7 OF THE CITY OF GILROY. PASSED AND ADOPTED this 17th day of May, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, TAYLOR, VALDEZ and LINK NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: GOODRICH Mayor Protempore Link noted receipt of a Petition from Bert Mantelli, applicant, requesting reorganization of Uninhabited Territory to be known as "~~antelli Reorganization 81-10" located northwesterly of the terminus of Mantelli Drive, containing 97.449 acres. Motion was maoe by Councilwoman Hughan seconded by Councilman Taylor that the reading of Resolution No. 82-80 be waived and that it be adopted. RESOLUTION NO. 82-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY PURSUANT TO DIREC- TION BY SANTA CLARA COUNTY LOCAL AGENCY FORMATION COMMISSION WITH REGARD TO A REORGANIZATION PURSUANT TO THE DISTRICT REORGANIZATION ACT OF 1965 DESIGNATED ASMANTELLI REORGANIZATION 81-10 OF THE CITY OF GILROY. PASSED AND ADOPTED this 17th day of May, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, TAYLOR, VALDEZ and LINK NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: GOODRICH The Mayor Protempore asked if there was anyone present in the audience wishing to speak on any matter not on the agenda. Dr. Rudy Melone, Ambassador of the City for Sister City, Monticelli d'Ongina, Italy, addressed the Council informing them that he and other Gilroy representatives met with the residents of Monticelli' d'Ongina in Italy and that 30 residents of that city are scheduled to be in Gilroy during the Annual Garlic Festival, and that plans are beinq formulated for their four day visit. Mr. Val Filice, Gilroy representative, addressed the Council and presented them with a plaque from the community of Monticelli d'Ongina, Italy, requesting that same be placed in the Council Chambers, if possible. The Mayor Protempore asked if there was anyone further in the audience wishing to speak on any Matter not on the agenda. There was no comment from anyone. A request by the South Valley Business Park for a Tentative Map Extension, located on the east side of the South Valley Freeway between Pacheco Pass Highway and Luchessa Avenue, 20 lots, was noted. Motion was made by Councilman Taylor seconded by Councilwoman Hughan and carried that a one (1) year extension be granted South Valley Business Park for a Tentative Map Extension, as requested. A letter from the San Francisco Bay Area Planning Directors' Associa- tion in regard to ABAG was noted. Council requested that the City be pro- vided with a rate schedule prior to action on same. A request of the South Valley Counseling Center, Inc., was noted for financial support ano same was referred to the 1982-83 Budget Study Sessions. 4746 Pit Bulldogs A letter from Ms. Lorna Roscoe was noted in regard to banning pit bulldogs in the City. The City Attorney recommended that said matter be taken under advisement an~ study for a reoort and legal opinion at the next regular Council ~1eeting. Ms. Roscoe addressed the Council in regard to her recent experi- ence with a pit bulldog. Outside Sewer Connection Secret Wit- ness Program Plan. Com. Report 5/6/82 So. Valley Nat'l Bank t,1s. Sandy Gi sh addressed the Council verifyi ng ~~s. Roscoe IS experience and expressed her concern for the children in the Tenth and Church Street area. The City Attorney reported that the City's ordinance presently prohibits dangerous and vicious animals and unleashed do~s, noting that County enforcement of same is presently not adequate. , ....... The Mayor Protempore requested that the matter be agendized for the June 7, 1982, Regular Council Meeting for a re~ort from the City Attorney on the matter. A 1 etter from the City of f,1organ Hi 11 was noted requesti ng ap- proval of an outside sewer connection for the Jehovah's Witness Con- gregation. The Secretary of the Jehovah I s Hi tness addressed the Council further explaining the request. Discussion was had in regard to said property being annexed to the City of Morgan Hill. Motion was made by Councilwoman Hughan seconded by Councilman Gage and carried that the City of Morgan Hill be advised that the City of Gilroy has no objections to said outside sewer connection. A request from the Gilroy Chamber of Commerce in regard to fund- ing the Secret Witness Program was noted. ~ Mr. Dave Peoples, Chairman of the Secret Witness Program, ad- dressed the Council and further explained the proaram. --- Motion was made by Councilman Gage seconded by Councilman Val~ez and carried that a $500.00 emergency nrant be approved for the present budget and that the $1,000.00 request would be considered in the 198?- 83 Budget. The following informational items were noted with no seoarate discussion on same: Minutes of the City Administrator's Public Hearing re: Revenue Sharing Funds; 1982 ; League of California Cities Capitol Briefing No.4, April 28, Senator Alquist re: Safety Improvements for State Highway Route 152; Invitation to the South Santa Clara County Housing Development Corporation's Annual Board Meeting; Letter of Appreciation to the Gilroy Fire Department from the Gilroy Unified School District; ~ , ! i ........ Senator Alouist in re: to S.B. 1526; and Mayors and Council MefTIbers Legislative Briefing, June 14-15, 1982. The Report of the Planning Commission Meetinf of ~1ay 6, 1982, was noted. Review was had on the A/S 82-9 South Valley National Bank request for an encroachment permit, further explained by Planning Director Dorn. Discussion was had on the matter. Timber Harvest- ing Use Permit ,....., - Personnel Com. 5/10/82 Jr. Planner Classifica- tion P & R - BIG Comm. 1982-83 Budget ....... ......, Wi 11 i amson Act Con- tracts "".. .. Jr. High Swim- ming Pool Maint. 4747 Motion was made by Councilwoman Hughan seconded by Councilman Gage and carried that the request for an encroachment permit into the public right-of-way be denied South Valley National Bank. The County referral for a timber harvesting use permit was noted and further explained by Planning Director Dorn. Discussion was had by Council on the matter. Motion was made by Councilman Gage seconded by Councilwoman Albert and carried that the City recommends and requests the Board of Supervisors to deny said use permit. Councilman Taylor voted "no" on the motion. The Report of the Personnel Commission Meeting of May 10, 1982, was noted. Motion was made by Councilwoman Hughan seconded by Councilman Taylor and carried that the title of Junior Planner classification be changed to Assistant Planner, as recommended. A Report in regard to the Street Tree Program was noted. Motion was made by Councilwoman Hughan seconded by Councilman Gage and carried that the report be accepted and that the Committee be thanked for their time and effort. Councilman Taylor voted "no" on the motion. City Administrator Wood noted presentation of the 1982-83 City Budget and requested scheduling Budget Study Sessions. He noterl that the proposed Study Session of the Council in regard to the Nob Hill Recreation Park EIR would have to be a regular meeting in order to take action to respond to the County prior to their meeting of May 24, 1982. The Mayor Protempore noted that if the Council Meeting is scheduled for 4:00 p.m. on May 20, 1982, that there would not be time for a Budget Study Session; that same could be scheduled for a specific date at the May 20, 1982, meeting. Citv Administrator Wood noted that he would also have property acquisitions in regard to the Ronan Avenue-Liman Avenue Improvement District for action at the May 20, 1982, ~1eeting. Councilman Taylor requested that the proposed budget be referred to Staff for additional review and deletions for items proposed for expendi- ture under the General Fund. City Administrator Wood noted that he would prefer presenting the entire proposed budget to the Council as a whole for the initial presentation. City Administrator Wood presented and explained a report requesting Council direction regarding annexation as the first step to cancel William- son Act Contracts for lands beyond the City's urban service area. Planning Director Dorn noted that anything within the twenty (20) year urban service planning area would be workable. Motion was made by Councilman Gage seconded by Councilwoman Hughan that any requests beyond the ten (10) year urban service area be referred to the County for cancellation of Williamson Act contracts. Councilman Taylor voted "no" on the motion. Mr. Robert Rajewski addressed the Council and inquired about the ten (10) year limitation. A request for a budget amendment for the South Valley Jr. High Pool resurfacing was noted and explained by the City Administrator. Discussion was had by Council on the matter. Motion was made by Councilwoman Hughan seconded by Councilman Valdez and carried that the $9,000.00 budget amendment request be approved as recommended to resurface the South Valley Jr. High Pool. 4748 Census Bids re:Bonds- Ronan/Liman Assmt. Dist. Res. #82-81 es. #82-82 Gen. Plan Policies Res. #82- 83 City Administrator Wood presenterl the January 1, 1982, State Department of Finance population estimate of 22,948 for certification. Motion was made by Councilman Gage seconded by Councilwoman Hughan and carried that the 22,948 January 1, 1982, population esti- mate be certified as recommended. City Administrator Wood presented a report on a negotiated bid for sale of Ronan Avenue-Liman Avenue Improvement District Bonds. Motion was made by Councilman Taylor seconded by Councilman Gage that the reading of Resolution No. 82-81 be waiverl and that it be adopted awarding the construction contract to Raisch Construction Company in the amount of $309,361.40 as recommended. ~ I ....... RESOLUTION NO. 82-81 A RESOLUTION OF AWARD OF CONTRACT - RONAN AVENUE-LIMAN AVENUE ASSESS- MENT DI STRI CT. PASSED AND ADOPTED this 17th day of ~1ay, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, TAYLOR, VALDEZ and LINK NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: GOODRICH Motion was made by Councilman Gage seconded by Councilwoman Hughan that the reading of Resolution No. 82-82 be waived and that it be adopted awarding the Sale of Bonds as recommended. RESOLUTION NO. 82-82 A RESOLUTION AWARDING SALE OF BONDS - RONAN AVENUE-LIMAN AVENUE ASSESS- MENT DISTRI CT. PASSED AND ADOPTED this 17th day of ~1ay, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, TAYLOR, VALDEZ and LINK NOES: COUNCI L MEMBERS: NONE ABSENT: COUNCIL MEMBER: GOODRICH ..... ...- City Administrator Wood presented a recommendation to delete outdated General Plan policies. Motion was made by Councilman Gage seconded by Councilwoman Hughan that the reading of Resolution No. 82-83 be waived and that it be adopted, deleting outdated General Plan policies as recommended. RESOLUTION NO. 82-83 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY RESCINDING OUTDATED PLANNING POLICIES. PASSED AND ADOPTED this 17th day of May, 1982, by the fOllowing vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, TAYLOR, VALDEZ and LINK NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: GOODRICH Pub. Wks. InspCity Administrator Wood presented a request regarding supplemental Pub- Services- lic Works Inspection Services by Contract. Discussion was had on the Contract matter. I~: Motion was made by Councilman Gage seconded by Councilman Taylor ~ and carried that the City contract for inspection services as recommended. Com. & Ind. Condo. Policy Planning Director Dorn presented and explained a recommendation on a Commercial and Industrial Condominium Policy and noted the Fire Chief and Chief Building Inspector's reports and recommendations on same. Discussion was had in regard to one (1) hour fire wall between professional offices. Fire Captain Lawrence of the Gilroy Fire Department addressed the Res. #82-84 ",-, ..... Nob Hi 11 Rec. Pk. 4749 Council and noted that there would be no problem with this requirement with the Fire Department if the zoning only permits offices. Mr. Gary Carnes addressed the Council opposing the requirement for installation of water meters to each condominium unit. Motion was made by Councilman Gage seconded by Councilwoman Hughan that the reading of Resolution No. 82-84 be waived and that it be adopted approving the Commercial and Industrial Condominium Policy as recommended with an addition on Page 2, Item "i", requiring vertical sound proofing between floors. RESOLUTION NO. 82-84 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING A COMMERCIAL AND INDUSTRIAL CONDOMINIUM POLICY. PASSED AND ADOPTED this 17th day of May, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, TAYLOR, VALDEZ ano LINK NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MH1BER: GOODRICH Motion was made by Councilman Gage seconded by Councilman Taylor and carried that this meeting will be adjourned to 4:00 p.m. on May 20, 1982, regarding the EIR review for the proposed Nob Hill Recreational Park on Hecker Pass Highway. Airport t1aster Councilwoman Hughan requested that Council take a position on the Plan Airport Master Plan at the next re9ular Council Meeting. The City Administrator was requested to agendize same if the minutes indicate that the City did not take formal action in regard to said Master Plan. p,-'., - Leavesley- Murray Sig- nalization Golf Course Fi reworks ~ Adjournment ..... Councilwoman Hughan reported that Cal-Trans is requesting Amtrak to add a stop for night trains as soon as possible prior to the October schedule publication. She also noterl that Senator Alquist's Ways & Means Committee has included funds in the budget as preliminary stages for the Del Monte Train. Councilman Valdez inquired of any new information in regard to Leavesley-Murray Avenue Signalization funds on same from the State. He noted that he was informed when meeting with Senator Alquist that there are funds available for certain projects under $200,000.00. City Adminis- trator Wood noted that he would pursue the matter. Councilman Gage inquired of the Golf Course IMprovement Project. Councilman Taylor reported on the proqress of same. City Administrator Wood presented a request for City funds in the amount of $600.00 for cost sharing in the proposed 4th of July fireworks event. Motion was made by Councilwoman Hughan seconded by Councilman Valdez and not carried by the followinq Roll Call vote that $600.00 be authorized for the fireworks event: Ayes: Council Members: Hughan and Valdez. Noes: Council Members: Albert, Gage, Taylor and Link. Absent: Council Member: Goodrich. At 9:42 p.m., the Mayor Protempore adjourned the meeting to an Adjourned Regular Council Meeting of May 20, 1982, at 4:00 p.m. Respectfully submitted, /42tA~ty!g;r~~