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Minutes 1982/06/07 Roll Call Intro. New Employee Certificates 4751 June 7, 1982 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:00 p.m. Present: Council Members: Donald F. Gage, Roberta H. Hughan, Marion T. Link, Robert E. Taylor, Pete Valdez, Jr. and Norman B. Goodrich. Absent: Council Member: Sharon A. Albert. The Mayor noted that Daniel E. Ames, Wastewater Treatment Plant Operator I, was not presented for introduction due to his wife being in labor. The Mayor presented a Certificate of Commendation to Ken Cantamount, Retired Reserve Police Officer. 4752 Consent Calendar Minutes Pub.Hear. re: TM-Ruiz Pub.Hear. re: TM-Arita & Fuj ita Pub. Hear. re: 82-83 Budget Pub. Hear. re: Zone Ord. Amend. Damage Claims Budget Purchases Def. Dev. Agree. Obata Incl. Pk. Water Recla- mation Aspha lt Re- cycl ing Proj ect Street Resur- faci ng Proj. The Mayor presented Certificates of Award for Eagle Scout Service Projects to Kenn McFate, Ian Sandland, Alan Viarenqo and Doug McGhee. Motion was made by Councilman Link seconded by Councilman Tay- lor that the following items under the Consent Calendar be approved by the following Roll Call Vote: Ayes: Council ~lembers: Gage, Hughan, Link, Taylor,~Valdez and Goodrich. Absent: Council Member: Albert. Approved the Minutes of the Regular Council Meeting of May 17, 1982 ; II.'.'."."", , , Approved the Minutes of the Adjourned Regular Council Meeting of May 20, 1982; .......,; Set June 21, 1982, as a Public Hearing date on a Tentative Map request for a commercial subdivision of ten (10) condominium lots on property located west of Monterey Street and south of Ronan Avenue, zone CM (Commercial/Industrial) District, on approximately 1.03 acres, Tom Ruiz, applicant; Set June 21, 1982, as a Public Hearing date on a Tentative Map request for an industrial subdivision of nine (9) condominiuM lots, on proDerty located east of the South Valley Freeway, south of Tenth Street on Brem Lane, zoned M2 (General Industrial) District, on approxi- mately 0.9 acres, Don T. Arita and Frank Fujita, applicants; Set June 21, 1982, as a Public Hearing date on the 1982-1983 City Budget; Set June 21, 1982, as a Public Hearing date to consider a Zon- ing Ordinance amendment to Section 68 to clarify the intent of the sign regulations; Denied the following two (2) damage claims: 1) Mr. J. Sero- nello; 2) Mr. R. Filice; Approved a report on budqeted purchases exceedinq $1,500, per Council direction; 1'1'-.".... --- Approved two (2) deferred development agreements, one for Michael J. and John M. Filice, anct one for Joel Smolen anr1 Dennis ~1cLauflhlin; Approved a report of final costs and recommendation to account for changes with a change order for Obata Industrial Park; Approved the Hater District's proposed revision to the "Agree- ments for Supply of Reclaimed Hater"; and Approved the recommendationfor a change order in the asphalt re- cycling project. Director of Public Works-City Engineer Hansen presented a report and recommenctation on bids received for street resurfacing of various city streets. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the bid of Granite Construction Company in the amount of $315,987.00 be awarded for street resurfacing of various city streets, as recommended.-., Uvas Pk. Bikeway Director of Public Works-City Engineer Hansen presented a report ... Proj.-Phase on bids received for Uvas Park Bikeway (Phase III)Project 1982-4. III ~,1oti on was made by Councilwoman Hughan seconded by Council man Gage and carried that the low bid of Eilert Construction Company in the amount of $11,1976.60 be awarded as recommencted. . 7th St./Dowdy St. Director of Public Works-City Enqineer Hansen presented a report Storm Drain on bids received for the Seventh Street/Dowdy Street Storm Drain Improve- ments, Project 1982-2. Motion was made by Councilwoman Hughan seconded by Councilman Link Landscaping- Corp. Yd. & Mont./Lewis St. Pkg. Lot ,.,.... I ...., 4753 and carried that the bid of Caprista Underground Construction for Schedule "A", in the amount of $38,410.50 be awarded as recommended. A report and recommendation on bids receiverl for landscaping the Corporation Yard and Monterey/Lewis Street Parkinq Lot was presented. Dis- cussion was had on the matter. Motion was made by Councilwoman Hughan seconded by Councilman Gage and carried that the bid of D & T Construction for the Monterey/Lewis Street Parking Lot Landscaping Project in the amount of $10,682.00 be awarded as recommended to include a budget amendment required for same. Councilman Link voted IInoll on the motion. Council tabled action on the bid for the landscaping project at the City Corporation Yard to obtain a firm committment for same. Traffic Control A report and recommendation on bids for traffic control device im- Devi ces-Xmas provements at Chri stmas Hi 11 Park was noted. Motion was made by Council- Hill Pk. woman Hughan seconded by Councilman Gage and carried that the bid of Wear Construction in the amount of $8,530.00 be awarded as recommended for traf- fic control device improvements at Christmas Hill Park. Truck Purchase Tennis Ct.- Las Animas Park - - Pub.Hear. re: TM-Raisch Co. .-. , I -- Res. #82-85 A report on bids received for a light truck purchase was noted and discussed. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the bid of Gilroy Motors in the amount of $6,650.93 be awarded for the purchase of a light truck. A report on bids received for resurfacing the tennis court at Las Animas Park was noted. Motion was made by Councilwor.1an HUllhan seconded by Councilman Link and carried that the bid of Cal Clay in the amount of $6,836.00 be awarded for resurfacing the tennis court at Las Animas Park as recommended. Councilman Gage commended the city employee suggesting installation of token meters at Las Animas Park Tennis Courts. The Mayor stated that it was the time and place scheduled for a Public Hearing 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 ann south of Banes Lane, on approximately 20.254 acres, Raisch Company, apDlicant. Planning Director Dorn presented and explained the Staff Report. The Mayor asked if there was anyone present in the audience wishing to speak for or against the proposal. Mr. Arnold Brunetti~ representing the applicant, addressed the Council noting concurrence with the conditions as recommended, requesting clarification of Condition No. 14 regarding participation in the signaliza- tion costs at Tenth and Chestnut Street. Discussion was had on the matter. Motion was made by Councilman Link seconded by Councilman Taylor and carried that Condition No. 14 regard- ing signalization requireMent be deleted from the conditions as presented. 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 Councilwoman Hughan that the readina of Resolution No. 82-85 be waived and that it be adopted approving the Tentative Map of Raisch Company to include the conditions as recommended, deleting Condition No. 14. RESOLUTION NO. 82-85 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING A TENTATIVE MAP FOR A 16 LOT INDUSTRIAL SUBDIVISION ON APPROXIMATELY 20.254 ACRES ON THE EAST SI DE OF CHESTNUT STREET AND SOUTH OF BANES LANE. PASSED AND ADOPTED this 7th day of June, 1982, by the following vote: AYES: COUNCIL MH1BERS: GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: ALBERT 4754 Pub.Hear. re: Tent. Map- R. Ringle Res. #82-86 Public Health Nurs i ng Servi ces The Mayor stated that it was the time and place scheduled for a public hearing on a Tentative ~1ap request for a residential subdivi- sion of sixty-eight (68) lots on property prezoned R1 PUD (Sin(lle Family) Planned Unit Development District, located on the west side of Kern Avenue, 250 feet north of Welburn Avenue, on approximately 14.5 acres, Ted Ringle, applicant. Planning Director Dorn presented and explained the Staff Report. The Mayor asked if there was anyone present in the audience wishing to speak for or against the oroposal. Mr. Arnold Brunetti, en9ineer for the project, addressed the Council regaroing the proposal for ~onolithic curb for this project. Mr. Ted Ringle, apnlicant, arloressed the Council noting that they would include or delete sidewalks as proposed for the cul-de-sac according to Council's wishes. .., I ...,J The Mayor asked if there was anyone present in the audience wishing to speak on the matter. Mr. E. H. Duerr, Chairman of the BIG Committee, addressed the Council noting that the Corrrnittee concurs with the curb, gutter and sidewalk proposal for this project. 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 Councilman Link seconded by Councilman Taylor that the reading of Reso- lution No. 82-86 be waived and that it be adopted approving the Tenta- tive Map to include the conditions as recommended. Councilwoman Hughan voted IInoll on the motion. RESOLUTION NO. 82-86 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING A TENTATIVE MAP FOR A 68 LOT RESIDENTIAL SUBDIVISION ON APPROXIMATELY 14.5 ACRES ON THE WEST SIDE OF KERN AVENUE, 250 FEET NORTH OF WELBURN AVENUE. PASSED AND ADOPTED this 7th day of June, 1982, by the following vote: AYES: COUNCIL MEMBERS: GAGE, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBER: HUGHAN ABSENT: COUNCIL MEMBER: ALBERT ~ ...., Ms. Sue Rowlinson, Public Health Nurse, addressed the Council noting the proposed 1982-1983 County Budget cuts that would reduce public health nursing services and requested phone and letter support to the Board of Supervisors prior to the June 21, 1982, public hearing on said budget. The Mayor asked if there was anyone present in the audience wishing to speak on any matter not on the agenda. Mr. Bruce Tichinin, attorney, addressed the Council in regard to his representation of Gertrude Howard properties in the Ronan Avenue/ Liman Avenue Assessment District, noting an injunction filed in the Superior Court against the City of Gilroy. The Mayor asked if there was anyone further in the audience ~ wishing to speak. There was no further comment from anyone in the '.J' audience. So. County The ~~ayor noted a letter from South County Alternatives request- Alternatives ing city funding and referred same to the June 14, 1982, Council Budget Study Sessions. Timber Harvest Mr. Dale Holdeman, representing Big Creek Lumber Company, ad- Permit dressed the Council in regard to the proposed Timber Harvest Permit with the County, requesting Council to rescind their previous action oppos- ing granting said permit. Motion was made by Councilman Taylor seconded by Councilman Gage "".. Catholic Soc- i al Servi ces Ombudsman Program Temp. Trailer Permit-G. Theron ..... 4755 and carried that the Gilroy City Council's previous action in opposition of the Timber Harvesting Permit be rescinded. Motion was made by Councilman Taylor seconded by Councilman Gage and carried that the City of Gilroy Council endorses the lumber operation proposed for Timber Harvestinq Company and that the County Planning Depart- ment and Board of Supervisors be advised of same. Councilwoman Hughan voted IInoll on the motion. A letter from the Catholic Social Services requesting funding for their Ombudsman Program was noted and referred to the Council Budget Study Session of June 14, 1982. A letter requesting use of a temporary trailer from Gene and Betty Theron at 95 Leavesley Road was noted. Mr. Gene Theron addressed the Coun- cil and further explained his request. Motion was made by Councilman Link seconded by Councilman Taylor and carried that Mr. Gene Theron be granted use of a temporary trailer permit for a caretaker at 95 Leavesley Road for one year expiring June 7, 1983. Arcadia Dev. A letter from Arcadia Development Company in regard to Princevalle Townhouse building schedule was noted. Mr. Eli Reinhart, representing Arcadia Development Company, addressed the Council requesting Council con- firmation that Arcadia is entitled to building permits for thirty (30) homes through December 31, 1982, plus permits for model homes required as previously approved by Council October 5, 1981. The City Attorney confirmed Council's previous action. ..... .... I ce Cream Vendors Reclaimed Water "....., ...... Discussion was had in reaard to the school imoaction fees. Mr. Reinhart requested that the fees for unused homes and one (1) bedroom homes not be applied until the homes are occupied. The City Attorney noted that the School Impaction Fee Ordinance is for implementation only; that it would be the School District that would be the agency to allow any variance or exemption from the ordinance. A request of IISno Conell I ce Cream Trucks in regard to Ci ty-Council Regulations and licenses was noted and further explained by Mr. Tom Kyle, representing IISno...Cone.1I Council referred same to Staff and the City Attorney to determine if the Little League Lease prohibits other vendors within Christmas Hill and Las Animas Parks. Mr. Kyle further inquired about the $500 bond requirement of the City which was referred to Staff for clarification. Dr. C. H. Morrell addressed the Council in regard to use of reclaimed water at the golf course. Dr. Morrell was informed that the City would adhere to the criteria required by the State Water Quality Control Board. The following informational items were noted with no separate dis- cussion on same: League of California Cities Briefing No.5, dated May 12, 1982; Certificate of Fire Management IV Master Planning Course Completion awarded to Fire Chief Brittain; Assistant Fire Chief of Ontario, California, donation to the Gilroy Hurst Tool Funding; Mayor-Council Executive Forum, June 14 and 15, 1982. (Council noted that they would not be able to attend same); League of California Cities Legislative Bulletin, dated ~1ay 21, 1982; Gas Tax Revenue Increases due to SB 215; Santa Clara County Intergovernmental Council re: Hazardous Materials Issue; and League of California Cities Legislative Bulletin No. 22, dated May 22, 1982. 4756 The Report of the Plannin~ Commission~1eeting of t~ay 20, 1982, was noted. Plan. Com. Re DO rt 5/20/82 Plan. Com. Report 6/3/82 was P & R Com. 5/18/82 Wheeler Aud. Conv. Proj. Lib. & Cult. Com. 5/4/82 Monthly Reports Wmsn. Act- Raj ewski M. H. Boundary Agree.-Hardy Ave. Sewer Line Alexander St. bet. 10th & Banes Lane Wastewater Treat. Plant Contract Hist. Heritage Com. Recom- mendations PUC re: Las Animas RR Crossing The Report of the Pl anni ng Commissi on ~1eeti ng of June 3, 198Z, noted. The Minutes of the Parks and Recreation Commission Meeting of May 18, 1982, were noted. The Minutes of the Senior Citizens' Advisory Council Meeting of April 20, 1982, were noted. ~ I ........ A revised priority list and cost estimates for Wheeler Auditor- ium Conversion Project were noted and discussed. Motion was made by Councilman Gaqe seconded by Councilman Valdez and carried that the revised priority list and cost estimates for Wheeler Auditorium Conversion project be approved with the understanding that said expenditures would be within the $200,000 budget, noting that an engineer1s inspection of the roof support would be one of the priori- ties. The Minutes of the Library and Culture Commission ~1eeting of May 4, 1982, were noted. The Summary of Monthly Reports of April, 1982, was noted. City Administrator Wood presented a request of Robert Rajewski for support on a Williamson Act Cancellation application before the Board of Supervisors. Motion was made by Councilwoman Hughan seconded by Councilman Valdez and carried that the City has no objections to the Williamson Act Cancellation application filed with the County of Santa Clara. ...... City Administrator Wood presented a recommendation for Council determination regarding the Hardy Avenue Sewer Line. ~~oti on was made by Councilman Gage seconded by Counci 1 man Taylor and carried that the City of t10rqan Hill receive $700.00 credit regard- ing the Morgan Hill Boundary Aqreement reflecting the Hardy Avenue Sewer Line. - Director of Public Works-Cit~ Engineer Hansen presented a recom- mendation regarding the right-of-way needs for the future development of Alexander Street between Tenth Street and Banes Lane. t~otion was made by Councilman Link seconded by Councilman Gage and carried that the recommendation for the right-of-way needs for the future development of Alexander Street between Tenth Street and Banes Lane be approved as presented. Director of Public Works-City Engineer Hansen presented a reco~- mendation to accept the contract work for the new municipal wastewater treatment plant. Council tabled action on same for further investigation and con- firmation from the State. ... Discussion was had regarding the recommendation of the Planning Commission to adopt the Historic Heritage Committee recommendations. Motion was made by Councilwoman Hughan seconded by Councilman Gage and carried by the following Roll Call Vote that the Historical Heritage Committee recommendations be adooted as presented: Ayes: Council Members: Gage, Hughan, Valrlez and Goodrich. Noes: Council Members: Link and Taylor. Absent: Council Member: Albert. ........ It was noted that the report regarding the Public Utilities Com- mission to close Las Animas Avenue Railroad Crossing is further continued to the June 21, 1982, regular Council Meeting pending additional informa- tion from the State of California. ... 4757 , Pit Bulldogs : The City Attorney'reported on pit bulldog regulations, noting that the League of California Cities Legal Counsel informed him that, presently, there is no ordinance specifically prohibiting pit bulldoqs in the State of Cal i forni a. ~ So. Co. Airport Police Dept. Personnel Executive Sess i on Council reviewed the South County Airport Master Plan, noting the Public Hearing before the Board of Supervisors on June 15, 1982. Motion was made by Councilman Link seconded by Councilman Gage and carried that the City supports the proposal to maintain the South County Airport as out- lined in the Master Plan. City Administrator Wood presented a report of the Personnel Director regarding Police Department comparative compensation for non-sworn personnel and reque~ted Council's understanding the M.O.U.'s in regard to same. Motion was made by Councilman Link seconded by Councilman Gage and carried that the Personnel Director's report be accepted and that the City Administrator be instructed to adhere to Council understanding that no salary increase be granted police personnel already up to parity with the ten (10) cities surveyed for the Salary Pay Plan. Councilman Gage requested an Executive Session of the Council re- garding personnel matters to follow the scheduled Budget Study Session. Ronan/Liman Ave. City Administrator Wood recommended that this meeting adjourn to Assmt. Dist. June 8, 1982, for an Executive Session regarding the Ronan/Liman Avenue Assessment District injunction. Optimist 4th of July Event Councilwoman Hughan reported that the City selection Committee appointed her to the Bay Area Air Quality Management District. Councilman Valdez noted that the Luncheon Optimist Organization will be hosting the barbecue on the 4th of July and will also like to conduct a 10 Kilometer Run. City Administrator Wood requested a memorandum outlining the specific request. Ind. Rev. Bonds- City Administrator Wood presented two (2) applications from Nob Hill Nob Hill Stores interested in pursuing Industrial Revenue Bonds for their distribu- tion warehouse, located at the most southerly interchange of Monterey Street and Highway 101. He noted that applications are to initally obtain State Bond funding and if problems occur due to the unique classification, it may be necessary to pursue municipal bond funds. Inter-City Coun ci 1 Adjournment Motion was made by Councilman Link seconded by Councilman Taylor and carried that the applications be accepted as presented for processing as recommended. The Mayor noted the Inter-City Council Meeting of June 10, 1982, in Palo Alto. At 11:15 p.m., motion was made by Councilman Taylor seconded by Councilman Link and carried to adjourn to Tuesday, June 8, 1982, at 7:30 p.m. Respectfully submitted, ~~Y~~rkdY