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
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Ronan-L iman
Assmt. Dist.
Res. #83-19 re:
Street R/W
Abandonment
.-. Radio Com. Freq.
, I Upgrade Proj.-
Police Dent.
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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.
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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.
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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.
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Res. #83-20 re:
Stop Si gns &
No Parking-
Mesa Rd.
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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.
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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
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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.
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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