Minutes 1983/02/07
4828
Roll Call
Intro. New
Emp 1 oyee
Consent
Calendar
February 7, 1983
Gilroy, California
The Regular Meeting of the Gilroy City Council was called to
order by His Honor Mayor Norman 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, Steve Becerra, Police
Offi cer.
Motion was made by Councilman Link seconded by Councilman Gage
that the following items under the Consent Calendar be approved by the
following Roll Call Vote: Ayes: Council Members: Albert, Gage, Hughan,
Link, Taylor, Valdez and Goodrich:
Minutes
Land Cons.
Contracts
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~
Bids re:
Electro-
1 i e rs
~
Bids re:
Mi n i ,-Computer
......
Weed
Abatement
Res. #83-5
--
...
Pub.Hear. re:
Tom King-
Tent. Map
4829
Approved the Minutes of the Regular Council Meeting of January 17,
1983 ;
Certified the following amounts of cancellation fees for the follow-
ing Land Conservation Contracts previously authorized by Council:
1. Gilroy Country Club Estates, Contract #71-034, $145,107 as
determined by Alfred E. Carlson, County Assessor. (APN 783-04-001, 009, 012,
013 and 014);
2. Hoey Ranch Company, Contract #68-127, $18,979, as determined
by Alfred E. Carlson, County Assessor. (APN 783-04-015);
3. Val Filice, et al, Contract #71.288, $46,662, as determined by
Alfred E. Carlson, County Assessor. (APN 841-15-011);
4. Gilroy Corporation, Contract #70.048, $103,804, as determined
by Alfred E. CArlson, County Assessor. (APN 8lH-67-007);
5. Gilroy Corporation, Contract #70.048, $97,684, as determined
by Alfred E. Carlson, County Assessor. (APN 841-67-003); and
6. Hoey Ranch Co., Contract #71-034, $14,962, as determined by
Alfred E. Carlson, County Assessor. (APN 783-04-011).
City Administrator Wood presented a report on bids for installation
of electroliers on Church Street near Tenth Street recommending award of
the bid to Howard Electric Company in the amount of $4,100.00.
Motion was made by Councilwoman Hughan seconded by Councilman Gage
and carried that the bid of Howard Electric Company in the amount of
$4,100.00 be awarded for installation of electroliers on Church Street
near Tenth Street as recommended.
City Administrator Wood presented a report and recommendation on
bids for a mini-computer for gas and maintenance records at the City
Garage to Access Computers in the amount of $10,867.26.
Motion was made by Councilman Link seconded by Councilman Taylor
and carried that the bid of Access Computers in the amount of $10,867.26
be awarded for a mini-computer for gas and maintenance records at the
City Garage, as recommended. '
The Mayor stated that it was the time and place scheduled for a
Public Hearing on objections to proposed destruction or removal of weeds
constituting a publie,nuisance.
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 Councilwoman Hughan seconded by Councilman Link
and carried that the public ,hearing be closed.
Motion was made by Councilman Link seconded by Councilman Valdez
that the reading of Resolution No. 83-5 be waived and that it be adopted
instructing the Fire Chief to abate the nuisance.
RESOLUTION NO. 83-5
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY INSTRUCTING THE CHIEF OF
THE FIRE DEPARTMENT TO ABATE NUISANCE ARISING OUT OF WEEDS GROWING UPON
LOTS OR IN FRONT OF PROPERTY IN THE CITY OF GILROY AS REQUIRED BY SECTION
5 OF ORDINANCE NO. 754.
PASSED AND ADOPTED this 7th day of February, 1983, by the fOllowing vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN,LINK, TAYLOR, VALDEZ
and GOODRICH
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
NOES:
ABSENT:
The Mayor stated thqt it was the time and place scheduled for a
Public Hearing on a Tentative Map request of Tom King, applicant, for 32
residential condominium lots located at the northwest corner of Hecker
Pass Highway and Morey Avenue.
4830
Res. #83-6
Business in
Gi 1 roy Day
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.
Mr. Arnold Brunetti, Engineer for the project, addressed the
Council and noted that the owners object to condition No.8 requir-
ing all utilities to be installed underqround if they are required to
pay the entire cost for same.
Mr. Phil Ladd, architect for the oroject, addressed the Coun-
cil further explaining the project.
Motion was made by Councilman Link seconded by Councilman Gage
and carried that the Public Hearing be closed.
......
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......
Discussion was had by Council on the matter. Motion was made
by Councilman Taylor seconded by Councilman Link and not carried by
the fOllowing Roll Call vote to aoprove the Tentative Mao with the
Planning Commission's conditions omitting Condition No.8: Ayes:
Council Members: Link, Taylor and Goodrich. Noes: Council Members:
Albert, Gage, Hughan and Valdez.
Motion was made by Councilman Gage and withdrawn requlrlng the
developer to pay for underground utilities fronting on the property
and underground utilities at the intersection be split ,four (4) ways.
(At 8:33 p.m., the elctricity went out due to the storm.)
Motion was made by Councilwoman Hughan seconded by Councilman
Gage and carried that underground utilities be planned for at the
interesection in question as recommended by the Director of Public
Works and that the developer be required to pay for one-fourth of
said diagonal power line to be installed underground to meet the
approval of P. G. & E. and the City Engineer. Council Members Link
and Taylor voted "no" on the moti on. ......
Motion was made by Councilman Link seconded by Councilman Gage
that the reading of Resolution No. 83-6 be waived and that it be
adopted approving the Tentative Map of Tom King as oresented to in-
clude the eighteen (18) conditions recommended by Staff. Councilwo~an
Albert voted "no" on the motion.
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RESOLUTION NO. 83-6
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING A TENTATIVE
MAP FOR A 32 CONDOMINIUM UNIT SUBDIVISION ON 2.06 ACRES ON THE NORTH-
WEST CORNER OF HECKER PASS HIGHWAY AND MOREY AVBNUE.
PASSED AND ADOPTED this 7th day of February, 1983, by the following
vote:
AYES:
COUNCIL MEMBERS:
NOES:
ABSENT:
COUNCI L MEMBER:
COUNCIL MEMBERS:
GAGE, HUGHAN,
GOODRICH
ALBERT
NONE
LINK, TAYLOR, VALDEZ and
The Mayor deviated from the regular agenda in order to accomo-
date interested persons in the audience.
The Mayor asked if there was anyone present in the audience
wishing to speak on any matter not on the agenda.
----
There was no comment from anyone in the audience.
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A letter from the Gilroy Chamber of Commerce was noted in regard
to "Business in Gilroy Day" scheduled for May 6, 1983.
Mr. Gene Argo, 1983 Chairman of the Industrial Development Com-
mittee, addressed the Council in regard to same and further introduced
Mr. Tim Filice, 1983 Chairman for Business in Gilroy Day. Mr. Tim
Filice addressed the Council and requested Council participation and
financial support in the amount of $7,800 for printing brochures for
the event, noting that there would be 2,500 copies for a three (3) year
supply.
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El Noa Noa
Cl ub-Dance
Permit
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...
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Mesa Rd. Pkg.
& Traffi c
4831
Motion was made by Councilman Gage seconded by Councilman Valdez
and carried that $7,800 be authorized to the Gilroy Chamber of Commerce
to be used for printing the requested brochures, noting that same be paid
from the Community Development Funds.
The Mayor asked if there was anyone present in the audience wishing
to speak on any matter not on the agenda. There was no comment from anyone
in the audience.
The Mayor deviated from the regular agenda in order to accommodate
interested persons in the audience regarding the Dance Permit of El Noa
Noa Club.
Councilman Valdez, Chairman of the Liaison Committee for mediating
noise levels at El Noa Noa Club, recommended issuance of a Dance Permit
to El Noa Noa Club (said Termporary Permit expires 207083) with the follow-
ing conditions:
1. The owner assures the noise level control by: a) Stioulation
on written contract with orchestra that there is a decibel lev~l to be
adhered to; b) Owner will monitor the decibel level and make immediate
correction to the agreed noise/music level.
2. The owner, will moni tor deci be 1 1 eve 1 and adhere to the fo 11 ow-
ing a~ceptable levels using the Realistic Sound Level Meter (range 60 dbl
to 126 dbl): a) Acceptable sound/music levels: for records the level is
80 dbl and for orchestra the level is 85 dbl. ~1easurements will be
monitored within E1Noa Noa Club.
Mr. Bob Weske, 7751 Eigleberry Street, addressed the Council and
noted that he agrees with the recommended conditions.
Mrs. Sousa addressed the Council 'and inquired if there would be a
guarantee if the noise level increases. -
Mrs. Debra Masini, 7705 Eigleberry Street, addressed the Council
and inquired if there would be a guarantee that the doors will be closed
during the summer. \
Mr. Ernest Rusconi, attorney representing the owner of El Noa Noa
Club, addressed the Council and noted that all conditions are agreed upon
including keeping the doors closed at all times except during an emergency.
Mr. Bob Redman, owner of a used car lot adjacent to El Noa Noa Club
inquired of possible improvement to the back parking lot opposed to patrons
of El Noa Noa Club using his place of business. He further complained
about debri s accumul ated on hi s property and damage to thi s property, be-
lieved to be occurring from patrons of El Noa Noa Club.
The City Attorney noted that it has not been established that the
vandalism and debris on Mr. Redman's property is directly related to El
Noa Noa Club.
Council man Val dez noted that theCounci 1 Advi sory Committee \Alas
established for mediation regarding noise levels only.
Motion was made by Councilman Gage seconded by Councilwoman Albert
and carried that a Dance Permit be issued El Noa Noa Club subject to com-
plying with the conditions as outlined by the Council Advisory Committee
to include keeping the back door closed at all times except in the event
of an emergency.
The Mayor deviated from the regular agenda in order to accommodate
interested persons in the audience.
Di rector of Publi c Works-CiJY Engineer 'Hansen p,resented a report
and recommendation to resolve parking and speed problems on Mesa Drive
near Gavilan College and further explained same.
Discussion was had by Council regarding issuance of parking permits
to residents in the area vs. two-hour oarking limitations.
Mr. 'Lee Kalpin, 5405 Nicole Way, addressed the Council noting
parking, speeding and litter problems in the area.
4832
Town of Los
Gatos re:
Pri son Si te
Plan. Com.
Report
1-20-83
Pl an. Com.
Report
2 - 3- 83
Cap. Imp.
Program
P & R Com.
1-18-83
Sr. Citizens
Adv. Com.
Monthly
Reports
Ms. Candy Costamagna, 5411 Nicole Way, addressed the Council
requesting the City to install pavement undulations.
Councilman Taylor sugaested that the residents in the area
appear before the Board of Trustees of Gavilan College District and
inform them of the problem; further suggested that permit parking be
issued and strict enforcement be adhered to by the City, County and
S ta te.
Motion was made by Councilwoman Hughan seconded by Councilman
Taylor and carried that the City Administrator be authorized to
issue permit parking to residents in the area, City to install signs
for same and requested official enforcement by the City, County and
State; installation of "no parking" signs on the east side of Mesa
Road; and instructed Staff to prepare Dossible proposals to deter
and/or slow up traffic on Mesa Road and determine why the County ob-
jects to island installation at said location.
......
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Mr. Dennis Coats, 5495 Mesa Road, addressed the Council noting
that the speed problem is constant on Mesa Road.
In addition to Council authorization of permit parking, "no
parking" si gns and enforcement of same by City, County and State,
Councilman Taylor suggested that a letter be forwarded to the Board
of Trustees of the College for their cooperation in the matter and
that Staff proposals be presented to Council at their March 7, 1983,
regular meeting.
Mrs. Terri Kalpin, 5405 Nicole Way, addressed the Council and
noted that any installation of barricades would invite people to camp
and live there; a problem previously occurring at said location.
Mr. Albert Fortino, nowner of property across from the resi-
dents, now located in the County~ noted that he would be willing to
cooperate with the City and annex said property to the City if a
portion of same could be used as a solution to the speed problem on
Mesa Road.
......
The Mayor reverted back to the regular Agenda.
""""'"
A letter from the Town of Los Gatos urging opposition to use
the Guadalupe College site as a prison was noted and filed.
The following informational item was noted with no separate
discussion on same:
U. S. Dept. of Justice commendation to Sgt. Guisiana and Officer
Morales for assistance to their Staff and prisoners.
The Report of the Planning Commission Meeting of January 20,
1982, was noted.
The Report of the Planning Commission t1eeting of February 3,
1983, was noted.
Mr. Sylvester Heinberg, representing Mr. Malinoff and Mr. Morton,
addressed the Council regarding buildout schedules. The Mayor noted
that said matter would be discussed under Unfinished Business on the
Agenda.
......
Council set February 10, 1983, at 4:00 p.m. as a Study Session
in regard to the proposed Capital Improvement Program.
........
The Minutes of the Parks and Recreation Commission Meeting of
January 18, 1983, were noted.
The Minutes of 'the S'en1or Citizens' Advisory Council Meetings
of October, November .and December 1982 were noted.
The Summary of Monthly Reports of December, 1982, was noted.
LAFCO
Total Comp
Police &
Fi re
Wastewater
Treat. Ord.
Amendment
-
Interi m
Drainage
Project
RDO Amendment
-
-
USA Proce-
dures &
Fees
.....
... Kern Ave.
Imp. Dist.
Res. #83- 7
4833
A Report on a recent court decision affection LAFCO was noted and
further explained by Planning Director Darn.
A Report on Police and Fire Total Compensation Survey was noted as
required by the Memorandum of Understanding.
Motion was made by Councilman Link seconded by Councilman Taylor
and carried that the report be approved as presented.
The City Attorney presented a prooosed amendment to the Wastewater
Treatment Ordinance and further explained same. .
Motion was made by Councilman Link seconded by Councilman Gage and
carried that the proposed ordinance be introduced, the reading waived
and that it be published by title and summary, amending Sections 19.96,
19.111 and 19.112 of the City Code.
The City Attorney further noted that the.Morgan Hill-Gilroy Joint
Powers Agreement may also have to be amended regarding pre-treatment program
to allow application for grant funds. Councilman Link noted a meeting
scheduled this month with the City of Morgan Hill and that he would present
same to them at that time.
Director of Public Works-City Engineer Hansen presented a report
and recommendation to modify the procedure used in spreading the cost of
the Interim Drainage Project and further explained same.
Motion was made by Councilwoman Hughan seconded by Councilman Gage
and carried that authorization be given to credit developers of the inter-
est earned on the construction fund after City costs are deducted and
accepted the report as presented.
A report on a proposed RDO amendment to allow existing builders
to extend their buildout schedule to January 1, 1984, was noted and
further explained by Planning Director Dorn.
Motion was made by Councilman Link seconded by Councilman Gage and
carried that the addition of Staff recommended Items "a" and "b" to Sec-
tion 4 of the Residential Development Ordinance be approved as submitted.
It was noted that the request of Mr. Heinberg for Mr. Malinoff
and Mr. Morton's property regarding less density would require a zoning
ordinance amendment.
Mr. Heinberg was instructed to make application for a Zoning Amend-
ment if less density is requested for the Malinoff/Morton property.
A recommendation on revising Urban Service Area procedures and
establishing fees for USA requests was noted, previously presented at the
January 17, 1983 regular Council meeting and continued for further study.
Motion was made by Cou!1cilman Link seconded by Councilman Gage and
carried that Item No. 2 of the recommendation be approved: the City has no
fee for US-A requests; however, LAFCO does charge a ..fee to the City and
LAFCO is requi ri ng the' CHY to provi de envi ronmental review. In order to
recover these direct costs to Gilroy, the City must establish a USA appli-
cation fee and a deposit to cover LAFCO fees and .environmental review
costs. It was noted that Staff would present a proposal of full procedure
and fee schedule to Council at a later date.
City Administrator Wood presented -resolutions regarding formation
of Kern Avenue Improvement District.
Motion was made by Councilman Link seconded by Councilman Taylor
that the reading of Resolution No. 83-7 be waived'and that it be adopted
requesting consent from the County for extra-territorial jurisdiction.
R fSOLUTION NO. 83-7
A RESOLUTION REQUESTING CONSENT OF THE BOARD OF SUPERVISORS OF THE COUNTY
OF SANTA CLARA TO THE EXERCISE OF EXTRATERRITORIAL JURISDICTION TO UNDER-
TAKE PROCEEDINGS FOR THE ACQUISITION AND CONSTRUCTION OF PUBLIC IMPROVE-
MENTS AND TO PROVIDE THAT THE COSTS SHALL BE ASSESSED UPON THE DISTRICT
4834
Res. #83-8
Res. #83-9
t10rtgage Bond
Program
Res. #83-10
A.B. 187 re:
Binding Arbi-
tration-
Peace Offi-
cers
Reti rement-
F.O. Wood
BENEFITTED THEREBY UNDER APPROPRIATE SPECIAL ASSESSMENT AND ASSESS-
MENT BOND ACTS.
PASSED AND ADOPTED this 7th day of February, 1983, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: ALBERT, GAGE,
and GOODRICH
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
HUGHAN, LINK, TAYLOR, VALDEZ
Motion was made by Councilman Link seconded by Councilman
Taylor that the reading of Resolution No. 83-8, be waived and that it
be adopted appoi nti ng' engineers (Hanna & Son).
JIIlIl
I
....J
RESOLUTION NO~ 83-8
A RESOLUTION APPOINTING ENGINEER AND AUTHORIZING EXECUTION OF AGREE-
MENT FOR ENGINEERING SERVICES IN' CONNECTION WITH KERN AVENUE IMPROVE-
MENT DISTRICT 1983-2.
PASSED AND ADOPTED.this 7th day of February, 1983, by the following
vote: ., '
AYES: COUNCIL MEMBERS:
NOES:
ABSENT:
ALBERT, GAGE,
and GOODRICH
NONE
NONE
HUGHAN, LINK, TAYLOR, VALDEZ
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Motion was made by Councilman Link seconded by Councilman Taylor
that the reading of Resolution No. 83-9 be waived and that it be
adopted appoi nting attorneys. (Wil son, t~orton, Assaf and McEll i gott).
RESOLUTION NO. 83-9
A RESOLUTION APPOINTING ATTORNEYS - KERN AVENUE IMPROVEMENT DISTRICT
1983-2.
PASSED AND ADOPTED this 7th day of February, 1983, by the following
vote:
AYES:
COUNCIL MEMBERS:
ALBERT, GAGE,
and GOODRICH
NONE
NONE
HUGHAN, LINK, TAYLOR, VALDEZ
.......
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
-
City Administrator Wood presented a proposed'Cooperative Agree-
ment and Resolution with the County of Santa Clara affirming continued
participation in the County's Home Mortgage Finance Program.
Motion was made by Councilman Link seconded by Councilman Gage
that the agreement be approved and that the reading of Resolution No.
83-10 affirming same be waived and that it be adopted re: Home Mort-
gage Finance Program.
RESOLUTION NO. 83-10
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AFFIRMING THE
CITY'S CONTINUED PARTICIPATION IN THE SANTA CLARA COUNTY HOME MORT-
GAGE FINANCE PROGRAM.
PASSED AND ADOPTED this 7th day of February, 1983, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: ALBERT, GAGE,
and GOODRICH
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
HUGHAN, LINK, TAYLOR, VALDEZ
City Administrator Wood presented a recommendation in opposi-
tion to AB 187, Binding Arbitration for Peace Officers.
Motion was marle by Councilman Gage seconded by Councilman Link
and carried that the City opposes AB 187"to include letters to local
representatives and the Governor.
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I
I
I
.....
A letter of retirement from Fred O. wood, City Administrator,
was noted.
The Mayor announced that he would not be a candidate for Mayor
in the November 1983 election.
Lift Station-
Leavesley Rd.
So. Co. Hous-
ing Dev.
Corp.
Uvas Park
Preserve
Committee
P.Blumberg-
Ret., Lib. &
Cult. Com.
Adjournment
City Admin.
..
4.835
Ci ty Admi ni strator Wood recommended sale of the sewage 1 i ft stati on
on Le~vesley Raod to Mr. Bill Hen~y, Garcia & Henry, Civil Engineers, in
the amount of $2,500.00.
Motion was made by Councilwoman Hughan seconded by Councilman Gage
and carried that authorization be given to sell the sewage lift station
on Leavesley Road in the amount of $2,500.00 with the ocndition that the
holes be replaced following removal of the pump.
Councilman Link recommended that the City withdraw support to the
South County Housing Development Corporation, due to the criteria not
being met. The City Attorney reported that there is now a suit brought
by the Director against the Board Members and that same is under litigation.
Motion was made by Councilman Link seconded by Councilman Gage and
carried that the City withdraw support with the South County Housing Develop-
ment Corooration for the present time.
Councilman Valdez reported that the Uvas Park Preserve Committee
had recently appointed a Committee within as a Consultant Review Committee,
and requested Council's desired input in selecting such a consultant.
Council agreed that a recommendation from said committee should be
presented for their appointment.
The Mayor presented and read a letter of resignation from Pat Blum-
bert from the Library and Culture Commission.
Motion was made by Councilman Gage seconded by Councilwoman Hughan
and carried that Pat Blumberg's resignation be accepted with thanks.
At 10:47 p.m., the Mayor adjourned to an Executive Session of the
Counci 1.
At 11:20 p.m., the Mayor reconvened the meeting. Council instructed
Staff to advertise nationally for the position of City Administrator and
requested that same be completed by July 1983.
The meeting was adjourned to Tuesday, February 22, 1983, due to
February 21, 1983, being a Legal Holiday.
Respectfully submitted,
/"/J1r~~ ./4~