Loading...
Minutes 1983/03/07 Roll Call Cert. of Serv. . P. Blumberg ri Consent t...! Ca 1 en da r Minutes Def. Dev. Agree. Giancola & and Ke 11 ey Miller Meadows, E.Kirk Const. Claim-D.H. Soto Res. #83-18 re: Street Name Change, Stoney Ct. 1fIIt''';'1 - Ronan-L iman Assmt. Dist. Res. #83-19 re: Street R/W Abandonment .-. Radio Com. Freq. , I Upgrade Proj.- Police Dent. ~ March 7, 1983 Gilroy, California 4841 The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:01 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 tabled Dresentation of a Certificate of Service to Pat Blumberg, retired Library and Culture Commissioner, to await her nresence. Motion was made by Councilman Link seconded by Councilman Taylor that the following items under the Consent Calendar be aprpoved by the following Roll Call Vote: Ayes: Council Members: Albert, Gage, Hughan, Link, Taylor, Valdez and Goodrich: Approved the Minutes of the Regular Council Meeting of February 22, 1983; Approved a Deferred Development Agreement with John A. Giancola Rod Kelley; Approved a recommendation to release a portion of Public Works Improvement Bonds for Miller t1eadows, Ed Kirk Construction; Denied a Claim of Mr. D. H. Soto; Adopted Resolution No. 83-18 changing the name of a portion of East Sixth Street to "Stoney Court. II RESOLUTION NO. 83-18 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY RENAMING A SEGMENT OF SIXTH STREET AS "STONEY COURT. II PASSED AND ADOPTED this 7th day of March, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE Accepted improvements for Ronan Avenue-Liman Avenue Assessment Di stri ct; and Adopted Resolution No. 83-19 of intention to vacate a 35 foot one- half street right-of-way and portion of public service easement on the north side of the Woolworth Property on Brem Lane; setting April 4, 1983, as a Public Hearing date on same. RESOLUTION NO. 83-19 RESOLUTION OF INTENTION TO VACATE A THIRTY-FIVE FOOT ONE-HALF STREET RIGHT-OF-WAY AND PORTION OF PUBLIC SERVICE EASEMENT ON BREM LANE. PASSED AND ADOPTED this 7th day of March, 1983, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE City Admi n i strator \~ood presented a report and recommendati on of bids received for the Radio Communications Frequency Upgrade Project for the Police Department, noting the low bid of General Electric in the amount of $16,027.97 to include a request for a budget amendment in the amount of $4,023.97 by transfer of funds to accomplish said project. Motion was made by Councilman Gage seconded by Councilman Valdez and carried that the bid of General Electric in the amount of $16,027.97 be approved for the Radi 0 Communi cati ons Frequency Up-grade Pro;ect for the Police Deoartment as recommended to include authorization to transfer $4,023.97 to accomplish said project. Catering A letter from Mr. G. Valverde regarding a catering truck permit Truck Permit- was noted. G.Valverde 4842 ,~ Gen. Plan Amendments Applic. Fees Requests for Budget Funds Mr. Tony Lerma, 9055 Morey Avenue, presented and read a letter from the Mexican-American Chamber of Commerce for clarifica- tion of Council's previous action re0,arding Mr. Valverde's caterinq truck municipal license. Councilman Valdez read a oetition from Mr. Valverde siQned by local businesses in support of Mr. Valverde's catering truck nermit. City Administrator Hood reported that on November 15, 1982, Council denied permission to Mr. Valverde to oermanently locate his catering vending wagons in the City; noting that the license issued was for ten (10) minute stopninq intervals only. The City Attorney noted that presently the City does not have an ordinance that would allow Mr. Valverde to permanently locate his catering wagons in the City; present license is for a mobile catering wagon that can stop for a maximum of ten (10) minutes. 11 .... Mr. Philio Vargo, attorney reoresentin0 Mr. Valverde, addressed the Council requesting the Council to amend the City Code to permit Mr. Valverde to permanently locate his catering vending wagons at two (2) locations in the City from 9:00 p.m. to 2:00 a.m. and further, that Mr. Valverde would relinquish his present catering mobile vend- ing license if he could locate at a fixed place designated by Council. Discussion was had bv COllncil on the matter. The City Attorney noted that if the mobile catering wagons are parked on city streets or city orooerty in excess of ten (10) minutes, they would be subject to a citation; that if said mobile caterin9 wagons parked at a fixed location on private nrol1erty, they would be subject to a citation for operating without a municipal license. Councilman Taylor requesterl innut from the Health Deoartment, Fire Department/Regulations, etc. prior to any consideration in chang- ing the City ordinances. He also requested information on possible further restrictions required by the Health Department and Fire Deoart- ment, if a vendor's wagon was allowed to Qermanently park on private property for five (5) hours. ..... I I -- The Mayor requested the City Administrator to investigate Health, Fire Department, parkino on nrivate property for five (5) hours, etc. input on this matter and noted that the oresent ordinances of the City are in effect until amended. Motion was made by Councilman Link seconded by Councilman Gage and carried that action on this matter be tabled to the March 21, 1983, regular Council meeting to allow Staff to further study the matter ann report back to Council on same. Motion was made by Councilwoman Albert seconded by Councilman Valdez and not carried for the City to refrain from double-ticketing Mr. Valverde's catering mobile waqons. It was noted by the City Attorney that violation of the ordinance would not be double-ticketing, but alternate issuance of citations, specifically, oarking the mobile wagon in excess of ten (10) minutes or parking on private prooerty at a fixed location without a license. A letter from Mr. William Gissler (W. J. Hanna & Son) was noted re~arding adjusting aoplication fees for General Plan Amendments, fur- ther explained by City Administrator Wood noting that same basically n...1 refers to the Lucky Hereford Ranch recommenrli n9 Staff to provi de Coun- . cil with a scaled fee based on the ~25.00 in excess of the 100 acres. ..- Motion was made by Councilman Link seconded by Councilman Gage and carried that Staff attempt to provide a sli~ing scale for acreage above 100 acres. Requests from Victim Witness Assistance and Catholic Social Services requestinq budget of funds was noted. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the requests be referred to the next Council Budget Study Session, as recommended. 4843 A letter from the Town of Los Gatos in regard to the oroposed prison site was noted. Council had no comment and the letter was ordered filed. Town of Los Gatos re: Pri son Site Mesa Rd. Traffic A letter from Mr. & Mrs. Lee Kalpin in regard to Mesa Road traffic Control control was noted. - -- Res. #83-20 re: Stop Si gns & No Parking- Mesa Rd. - Veterans I Vietnam t1emori a 1 - ... Plan. Com. Report 3/3/83 r< The Mayor asked if there was anyone oresent in the audience wishing to speak on the matter of the Mesa Road traffic control. Mr. Dennis Coats, 5495 Mesa Road, addressed the Council notinq that Mr. & Mrs. Lee Kalpin were ill and unable to attend this Council Meeting. He requested Council to proceed with no oarking signs and restrictions. Director of Public Works-City Engineer Hansen noted the Staff reports re0arding a proposed solution to the Mesa Road Traffic Control and informed Council that the County had requested of<-icial notification from the City for "no parking" on the east side of t\1esa Road. Moti on was made by Council man Ga~e seconded by Councilwoman Albert that the reading of Resolution No. 83-20 be waived and that it be adopted approving installation of three-way stop signs at the intersections of Mesa Road with Nicole Way and Carignane Drive and request to the County of Santa Clara for "no parking" on the east side of Mesa Road. RESOLUTION NO. 83-20 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING THREE-WAY ARTERIPIL STOPS AT THE INTERSECTIONS OF ~1ESj~ ROAD !~ITH NICOLE \'JAY AND CARIGNANE DRIVE AND REQUEST COUNTY OF SANTA CLARA TO ESTABLISH NO PARKING ON THE EAST SIDE OF MESA ROAD. PASSED AND ADOPTED this 7th day of March, 1983, by the followin~ vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE Councilman Valdez requested that the City have some dialogue with Gavilan College District regarding this matter. The Mayor appointed Councilman Valdez to attemot some dialoque between the Board of Trustees . - regarding the parking at Gavilan College and oroblems arising on city streets from said parkinq reaulations. Councilman Valdez invited Director of Public Works-City Engineer Hansen to join him in his liaison efforts with the School Board of Trustees. A letter requesting support and funding of a Veterans' Vietnam Memorial was noted. Councilman ,Valdez volunteered to study and determine what local organizations could contribute for such a memorial and will report back to Council with a recommendation on the matter. The following informational items were noted with no separate dis- cussion on same: Letter in re: to SB 310 (Presley) - Oil Tax Revenue; A.B. 187 - Compulsory and Binding Arbitration (1) Senator Alquist; (2) Assemblyman Areias; Santa Clara Valley Water District supoorting Hazardous Materials Storage Ordinance; and League'of California Ci,ties Legislative Bulletin in re: to SB 255, etc., Affecting Annexations. The Rep'ort of the Pl anninq 'Commi ss i on' Meeti ng of March 3, 1983, was noted. . An informab ona '1'etter regarding miti qation measures for a house located at 7415 Eigleberry Street was noted and further explained by Planning Director Dorn. The Annual Land Use Survey was noted and further explained by Plan- ning Director Dorn. 4844 Monthly Reports Hazardous ~Jaste Ord. Kern Ave. Imp. Dist. 83-2 noted. A revised Summary of Monthly Renorts of January, 1983, was A report on the Model Hazardous Waste Ordinance (H.W.O.) was noted for Council study and proposed to be agendized at the March 21, 1983, regular Council Meeting. Councilwoman Hughan further exolained the most critical objec- tions from various cities discussed at Inter-Governmental Council. It was noted that the Mesa Road Speed Control Reports were l. discussed earlier in the agenda. ...... Director of Public Works-City Engineer Hansen presented and explained a recommendation to aoprove Plans, Snecifications and Engi- neer's Report for Kern Avenue Imorovement District 1983-2. Mr. Arnold J. Brunetti, Project Engineer, Dresented the follow- ing report consisting of plans, specifications, mans and descriptions, estimate of costs and diagram assessment: WHEREAS~ the Engineer of Work was directed to make and file a report presenting a general description of any works and applicances already installed and any other property necessary or convenient for the oepration of the improvements~ plans and specifications for the proposed 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 proposed Resolution reference is hereby made for further particulars: Now~ therefore~ I~ Arnold J. 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 City Counci l of said City~ hereby make the following assessment to cover the por- tion of the estimated cost of said acquisitions~ work and improvements and the cost and expenses incidental thereto to be paid by the assess- men t dis trict. ~ I ! - The amount to be paid for said acquisitions~ work and improve- ments~ and the expenses incidental thereto~ is as follows: ENGINEER's ESTIMATE Cost of Construction Construction Contingencies Incidental Expenses Cost of Acquisitions Legal & Bonding Cost~95~248.18 TOTAL COST $ 921~ 211.00 92~201.00 185~ 508.86 145~ 4 70.00 295~248.18 $1~ 739~ 639.14 Estimated Contributions Balance of Assessment 49~234.99 $1~ 690~ 404.15 And I dO hereby assess and apportion said portion of said total amount of the cost and expenses of said acquisitions~ work and improve- ments upon the several lots~ pieces or parcels or portions of lots or subdivisions of land liable therefor and benefited thereby~ and here- inafter numbered to correspond with the numbers upon the diagram~ upon each~ severally and respectively~ in proportion 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. l ...... As required by said Code~ a diagram is hereto attached showing the assessment district and also the boundaries and dimensions of the respective subdivision of land within said assessment district as the same existed at the time of proposed passage of said Resolution of Preliminary Determination and of Intention as requested in the petition for said acquisitions and improvements~ if any~ each of which subdivi- sions having been given a separate number upon said diagram. - '- - Golf Course Storm Damage S.C. Co. Housing Dev. Corp. - Hirasaki Farms Driveway- Sewer Inter- ceptor Line ..... Adjournment 4845 Said assessment is made upon the several subdivisions of land within said assessment district in proportion to the estimated benefits to be re- ceived by said subdivisions3 respectivelY3 from siad improvement. The diagram and assessment numbers appearing herein are the diagram numbers appearing on said diagram3 to which reference is hereby made for a more particular description of said property. And3 because the names of the several owners are unknown to me3 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 assessment. 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 num- bers and includes all of such parcel excepting those portions thereof in existing public roads or proposed to be acquired in these proceedings for public road purposes. Said descriptions are a combination of numbers as 290-01-503 which means Book 2903 Page 13 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 annum3 will be issued hereunder in the manner provided by Division 10 of Streets & Highways Act of the State of California3 the Improvement Bond Act of 19153 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: March 73 1983 W. J. HANNA & SON By: /s/ ARNOLD R. BRUNETTI3 P. E. Engineer of Work After full discussion and consideration by the Council motion was made by Councilman Link seconded by Councilman Taylor and carried to not proceed with formation of the prooosed Kern Avenue Imorovement District 1933-2. Councilman Gage reDorted that there is numerous storm damage at the golf course and that he had requested the Golf & Country Club present a complete report on same for presentation at the next regular Council Meeting of March 21, 1983. Councilman Link reported that at a recent meeting of HCD it was approved to freeze all funds for the South Santa Clara County Housing Development Corporation until such time that the Board of Directors matter is corrected in accord with the By-Laws. The Mayor presented a letter from Mr. Frank Herdman, Jr., attorney representing the South Santa Clara County Housinq Development Corporation, requesting assistance by a Council member to participate on the nominating committee for selection of the Board of Directors. The Mayor aDpointed Councilman Valdez to represent the City on said committee and Council concurred. Director of Public Works-City Engineer Hansen requested authoriza- tion to repair the driveway of Hirasaki Farms to the Interceptor Sewer Line, noting that funds for same are not available in the present budget and that the cost will be the responsibility of Gilroy and Morqan Hill under the Joint Powers Agreement. Motion was made by Councilman Link seconded by Councilman Gage and carried that the Director of Public Works-City Engineer be authorized to proceed with repairing the driveway on the Hirasaki Farms oroperty not to exceed $15,000.00. At 10:00 p.m., the Mayor adjourned the meeting. Respectfully submitted, dM~b,~ City Clerk