Minutes 1983/02/22
Roll Call
Intro. New
Employee
Consent
Calendar
Minutes
Salary
Increases
4835
February 22, 1983
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: 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, Gilbert Gallo, Police Officer.
Motion was made by Councilman Link seconded by Councilman Gage that
the following items under the Consent Calendar be aporoved by the following
Roll Call Vote: Ayes: Council Members: Albert, Gage, Hughan, Link, Valdez
and Goodrich:
Approved the Minutes of the Regular Council Meeting of February 7,
1983;
Approved the following four (4) salary achievement increases for the
following city employees effective March 1, 1983: Judy Diaz, Clerk Tyoist
I, Range 22.5 from Step C, $1,238 to Step D, $1,295; Karen Pogue, Clerk
Typist I, Range 22.5 from Step A, $1,126 to Steo B, $1,180; Julie Ines,
4836
Ord. #83-1
RDO Amend.
Ord. #83-2 re:
vJastewater
Treatment
Budget
Amendments,
Transfers
Def. Dev. &
Dev. Agree-
ments
Sr. Coo rd i -
nator
Haza rdous
Chem. Stor-
age Ord.
Lib. & Cul-
ture Minutes
1/11/83
P & R Com.
2/15/83
Police Records Clerk, Ranae NP23.5 from Step D, $1,611 to Step E,
$1,692; and Rick Santos, Auto Equipment Mechanic I, Range 31, from
Step C, $1,870 to Step D, $1,960;
Adopted Ordinance No. 83-1 amending the Residential Development
Ordinance by adding Section 4 B.5.
ORDINANCE NO. 83-1
ORDINANCE OF THE CITY OF GILROY AMENDING ORDINANCE NO. 79-28, THE
RESIDENTIAL DEVELOPMENT ORDINANCE, BY ADDING SECTION 4 B.5 THERETO.
PASSED AND ADOPTED this 22nd day of February, 1983, by the following
vote:
AYES:
,.......
I
...J
COUNCIL ME~BERS:
ALBERT, GAGE,
AND GOODRICH
NONE
NONE;
HUGHAN, LINK, TAYLOR, VALDEZ
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Adopted Ordinance No. 83-2 amending Sections 19.96, 19.111 and
19.112 of the City Code pertaining to Wastewater Treatment.
ORDINANCE NO. 83-2.
AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTIONS 19.96, 19.111
AND 19.112 OF THE GILROY CITY CODE PERTAINING TO THE TREATMENT OF
WASTE\~ATER.
PASSED AND ADOPTED this 22nd day of February, 1983, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: ALBERT, GAGE,
AND GOODRI CH
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE;
HUGHAN, LINK, TAYLOR, VALDEZ
Approved the 1982-83 budqet amendments as requested (Expendi-
tures: 4000, 1500, 3800, 0700, 6050 and 2013; Revenues: 0900, 0700,
0300 and 1300; Transfers: 6050, 1400 and 3800); and
Approved a Deferred Development A9reement and a Development
Agreement for Industrial Twenty Ventures and a Deferred Development
Agreement with Stekoll Development Corporation as recommended.
-
The Mayor asked if there was anyone present in the audience
wishing to speak on any matter not on the agenda. There was no com~ent
from anyone in the audience.
Noted a request of the Community Seniors' Club in re: to the
position of Senior Coordinator and deferred action on same to the
next Budget Study Session as recommended.
The following informational item was noted with no separate
discussion on same:
Information re: Model Hazardous Chemical Storaae Ordinance.
City Administrator Wood noted that Council would receive cooies when
available.
The Minutes of the Library and Culture Commission Meeting of
January 11, 1983, were noted.
The Minutes of the Parks and Recreation Commission Meeting of
February 15, 1983, and the Minutes of the Senior Citizens' Advisory
Council Meeting of January, 1983, were noted.
J
Tree City City Ad~inistrator Wood noted that the City had received a
USA Award Tree City U.S.A. Award for the fourth year.
Garden Valley City Administrator Wood presented and explained a report on a
Foods proposal of Garden Valley Foods regarding parking and ingress and
egress access.
Mr. John Filice, Vice President, Garden Valley Foods, addressed
the Council further explaining the request to abandon or lease Ninth
Street on a long-term basis and termination of the City.s existing
lease with Southern Pacific Transoortation Company for that portion
of land extending 150 feet in a northerly direction along Monterey
Street to the existing City Park.
.....
l.
5 Yr. Cap.
Imp. Program
....
Dev. Agree. re:
Mortgage Bond
Prog.-T.King
Res. #83-12
Workers' Compo
Vol. Workers
......
I Meet & Confer
...... Negoti ator
Outreach &
Escort Con-
tract Extn.
4837
Di scuss i on was had by Council on the matter.
(At 8:16 p.m. to 8:23 p.m., the City's alarm system was in force
and the Council meeting delayed for 7 minutes.)
Council re~uesteda specific olot plan proposed by Garden Valley
Foods.
Mr. Filice indicated that aerial photos would be taken soon and
plot plans could be presented to Council at a future meeting, noting
that they would be willina to cooperate with the City in the event that
future additional parking is needed at the Southern Pacific Depot.
The Mayor referred the matter to the Parks and Recreation ~nd
Planning Commissions for their recommendations on the matter.
Mr. John Filice indicated that Garden Valley Foods would pay for
any required appraisals.
City Administrator Wood presented and explained a Report on Council's
Fi ve (5) Year Capital Improvement Budget Study Sess i on and recommendati on
regarding the Chipper Van.
t1otion was made by Councilwoman Hughan seconded by Councilman Gage
and carried that $13,000 be allocated in the first year Capital Improvement
Program to allow Staff to attem~t to locate a used Chipper Van and if same
is not located, the funds could be carried over to the next year and addi-
tional funds budgeted for a new Chipper Van.
Motion was made by Councilman Gage seconded by Councilwoman Hughan
and carried that the 1983-1988 Capital Improvement Program be approved
with modifications presented to include $13,000 in the first year for a
used Chippe~ Van.
City Administrator Wood presented a recommendation and report on a
Developer Agreement execution, County Mortgage Bond Program, with Tom King.
Motion was made by Councilwoman Hughan seconded by Councilman Link and
carried that the City's portion of said agreement be approved and authori-
zation be given for execution of same.
City Administrator Wood presented a resolution providing for Work-
men1s Compensation for Volunteer Workers. Discussion was had by Council
on the matter.
Motion was made by Councilwoman Hughan seconded by Councilman Taylor
that the reading of Resolution No. 83-12 be waived and that it be adopted
providing for Workmen's Compensation for Volunteer Workers as recommended.
RESOLUTION NO. 83-12
A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING A POLICY OF
WORKERS' COMPENSATION FOR VOLUNTEER CITY WORKERS.
PASSED AND ADOPTED this 22nd day of February, 1983, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ
AND GOODRI CH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
City Administrator Wood recommended authorization to engage the
services of an independent "Meet and Confer" negotiator.
Motion was made by Councilman Gage seconded by Councilwoman Hughan
and carried that the City engage the services of an independent "Meet and
Confer" negoti ator as recommended.
City Administrator Wood presented a recommendation to extend the
contract with Outreach and Escort, Inc. to provide South County Para Transit
Services.
Motion was made by Councilwoman Hughan seconded by Councilwoman
Albert and carried that the contract with Outreach and Escort, Inc. be
extended as recommended.
4838
E. 9th St.
Assmt.
Dist. 1983-1
Director of Public Works-City Engineer Hansen oresented a
recommendation to approve plans, specifications and Engineer's
Report for the proposed East Ninth Street, et al, Assessment District,
198-1, further explaining same.
Mr. Arnold ,Brunetti, Engineer of Work, presented the following
report consiting of plans, specifications, maps and descriptions,
estimate of costs, and diagram and assessment:
"On August 4, 1980, the City Council of the City of Gilroy,
Santa Clara County, California, pursuant to the provisions of the
Gilroy City Code, adopted its Resolution No. 80-71 of Preliminary
Determination and of Intention, as amended, for the acquisitions
and construction of the public improvements more particularly there-
in described;
~
I I
.....
Said Resolution of Preliminary Determination and of Intention,
as amended, directed the Engineer of Work to make and file a report
presenting a general description of any works and appliances already
installed and any other property necessary or convenient for the
operation of the improvements, plans and specifications for the pro-
posed construction, estimate of costs, maps and descriptions of lands
and easements to be acquired, and diagram and assessment of and upon
the subdivisions of land within the assessment district, to which
resolution reference is hereby made for further particulars;
I, Arnold R. Brunetti, for and on behalf of W. J. Hanna & Son,
Engineer of Work of said City, by virtue of the power vested in me
under said Code and the order of the Ci ty Counci l of said City, hereby
make the following assessment to cOVer the portion of the estimated
cost of said acquisitions, work and improvements and the cost and ex-
penses incidental thereto to be paid by the assessment district.
The amount to be paid for said acquisitions, work and improve-
ments, and the expenses incidental thereto, is as follows:
ENGINEER'S ESTIMATE, as
preliminarily Approved
---
I
,
......
Cost of Construction
Cost of Acquisitions
Con tingencies
Incidental Expenses
Legal & Bonding Costs
Total Cost & Balance to Assessment
$ 463,749.35
292,452.12
69,562.40
104,029.95
197,228.99
$1,127,022.81
And I do hereby assess and apportion said portion of said total
amount of the cost and expenses of said acquisitions, work and im-
provements upon the several lots, pieces or parcels or portions of
lots or subdivisions of land liable therefor and benefited thereby,
and hereinafter numbered to correspond with the numbers upon the
attached diagram, upon each, severally and respectively, in propor-
tion to the benefits to be received by such subdivisions, respectively,
from the acquisitions and improvements, and more particularly set
forth in the list hereto attached and by reference made a part hereof.
As required by said Code, a diagram is hereto attached showing
the assessment district and also the boundaries and dimensions of the
respective subdivisions of land within said assessment district as the
same existed at the time of the passage of said Resolution of Pre-
liminary Determination and of Intention, as amended, and as requested
in the petition for said acquisitions and improvements, if any, each
of which subdivisions having been given a separate number upon said
diagram.
1-'
1 I
''''';
Said assessment is made upon the several subdivisions of land
within said assessment district in proportion to the estimated benefits
to be received by said subdivisions, respectively, from said improve-
ment. The diagram and assessment numbers appearing herein are the
diagram numbers appearing on said diagram, to which reference is here- .
by made for a more particular description of said p'roperty.
[
Res. #83-13 thru
83-17
.....
--
JIlIIIIOII
L
48"39
And, because of names of the several owners are unknown to me,
said names are not set opposite the number of each subdivision of land
assessed. I hereby place opposite the number of each subdivision of
land assessed the amount assessed thereon and the number of the assess-
ment. Each subdivision of land is described in the assessment list by
reference to its parcel number as shown on the assessor's maps of the
County of Santa Clara for the fiscal year of 1982 to 1983 to the right of
the parcel numbers and includes all of such parcel excepting those portions
thereof in existing public roads or proposed to be acquired in these pro-
ceedings for public road purposes. Said descriptions are a combination
of numbers as 290-1-50, which means Book 290, Page 1, Parcel 50 of the
Assessor's Map Books and used for the County Tax Roll.
Notice is hereby given that serial bonds to represent unpaid assess-
ments and to bear interest at the rate of not to exceed twelve percent
(12%) per annum, will be issued hereunder in the manner provided in Bond
Plan B, Division 3, Article III, Chapter 12A of the Gilroy City Code, the
last installment of such bonds shall mature not to exceed fourteen (14)
years from the second day of July next succeeding ten (10) months from
their date.
Dated: 2-22-83
W. J. HANNA & SON
By: /s/ ARNOLD R. BRUNETTI, P. E.
Engineer of Work."
Discussion was had by Council regarding th~ prooosed plans. City
Administrator ~ood presented the following resolutions required for forma-
tion of said improvement district.
Resolution No. 83-13, A Resolution Amending Resolution No. 80-81
Entitl ed, II A Resol uti on of Prel iminary Determinati on anti of Intenti on", was
read. On motion of Councilwoman Albert seconded by Councilwoman Hughan
and unanimously carried, said Resolution was adopted.
RESOLUTION NO. 83-13
A RESOLUTION At'1ENDING RESOLUTION NO. 80-71 ENTITLED, "A RESOLUTION OF
PRELIMINARY DETERt~INATION AND OF INTENTION" - EAST NINTH STREET ET AL
ASSESSMENT DISTRICT 1983-1.
PASSED AND ADOPTED this 22nd day of Februa~y, 1983, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ
and GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
Resolution No. 83-14, A Resolution of Preliminary Approval of
Engineer's Report, was read. On motion of Councilwoman Albert, seconded
by Councilwoman Hughan and unanimously carried, said Resolution was
adooted.
RESOLUTION NO. 83-14
A RESOLUTION OF PRELIMINARY APPROVAL OF. ENGINEER'S. REPORT - EAST NINTH
STREET ETAL ASSESSMENT DISTRICT 1983-1.
PASSED AND ADOPTED this 22nd day of February, 1983, by the fOllowing vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ
Jl.ND GOODRI CH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
Resolution No. 83-15, A Resolution Appointing Time and Place of
Hearing Protests (4-4-83) in relation to Proposed Acquisitions an1 Im-
provements and Directing Notice, was read. On motion of Councilwoman
Al bert ,seconded by Councilwoman Hugha.n and unanimously carri ed, sai d
Resol uti on was adopted. '
RESOLUTION NO. 83-15
A RESOLUTION APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION
TO PROPOSED ACQUISITIONS AND IMPROVEMENTS AND DIRECTING NOTICE - EAST
NINTH STREET ET AL ASSESSMENT DISTRICT 1983-1.
PASSED AND ADOPTED this 22nd day of February, 1983, by the following vote:
AYES: COUNCI L MEMBERS: ALBERT, GAGE, HUGHAN, LI NK, TAYLOR, VALDEZ
AND GOODRICH
NOES: COUNCI L MEt1BERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
4840
Lib. & Cult.
Com. Apptmt.
Uvas Cr.
Flood Proj.
566 Project
Senator
Garamendi
Adjournment
Resolution No. 83-16, A Resolution Calling for Sealed Pro-
posals and Fixing Liquidated Damages for Failure to Complete the
Work Within Time Specified, was read. On motion of Councilwoman
Albert, seconded, by Councilwoman Hughan and unanimously carried,
said Resolution was adopted.
RESOLUTION NO. 83-16
A RESOLUTION CALLING FOR SEALED PROPOSALS AND FIXING LIQUIDATED DAMAGES
FOR FAILURE TO COMPLETE THE WORK WITHIN TIME SPECIFIED - EAST NINTH
STREET ET AL ASSESSMENT DISTRICT 1983-1.
PASSED AND ADOPTED this 22nd day of February, 1983, by the following
vote:
AYES:
o
NOES:
ABSENT:
COUNCIL MEMBERS: ALBERT, GAGE,
AND GOODRICH
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
HUGHAN, LI NK, TAYLOR, VALDEZ
Resolution No. 83-17, A Resolution Describing Proposed Boun-
daries of Assessment District, Directing Filing of Boundary Map and
Assessment Diagram and the Recordation of Notice of Assessment, was
read. On motion of Councilwoman Albert, seconded by Councilwoman
Hughan and unanimously carried, said Resolution was adopted.
RESOLUTION NO. 83-17
A RESOLUTION DESCRIBING PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT,
DIRECTING FILING OF BOUNDARY MAP AND ASSESSMENT DIAGRAM AND THE RE-
CORDATION OF NOTICE OF ASSESSMENT - EAST NINTH STREET ET AL ASSESSMENT
DISTRICT - 1983-1.
PASSED AND ADOPTED this 22nd day of February, 1983, by the following
vote: .
AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALQEZ
AND GOODRICH
NOES: COUNCI L MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
.......
It was noted that the Public Hearing referred to in Resolu-
tion No. 83-15 is scheduled for April 4, 1983. ....
The Mayor recommended the appointment of Mrs. Sue Pate to fill
the unexpired term of Pat Blumberg (1-1-86) on the Library and Culture
Commission.
Motion was made by Councilman Link seconded by Councilwoman
Hughan and carried that Mrs. Sue Pate be appointed to fill the un-
expired term of Pat Blumberg (1-1-86) on the Library and Culture Co~-
mission, as recommended.
Councilman Link reoorted on a recent meeting he attended re-
garding the Uvas Creek Flood Project noting that the project is
scheduled to be advertised for bids early in 1984 which includes the
Thomas Road Bridge construction project.
Councilman Link reported that the 566 Project construction is
proposed to begin early in March to replace the Industrial Sewer Pond
lands; contract to be comoleted in early May. The other contract for
widening the stream from North Bloomfield Avenue where the Miller
Slough connects will also be bid and should be completed by October of
the coming year.
<]
City Administrator Wood presented an invitation from Senator
Garamendi IS Office to Council for a reception on February 25, 1983,
at the Charles Peoples' residence in Morgan Hill.
At 9:05 p.m., the Mayor adjourned the meeting.
Respectfully submitted,
;01U4~c€r~~