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Minutes 1983/05/16 1 487 4 I Roll Call 1<.;, May 16, 1983 Gilroy, California, 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. Intro. New Employee Cert. of Commen da t ion Consent Calendar "".,. I Minutes .. Salary Increases 4875 The Mayor introduced new employee Brenda Bergman, Police Officer, noting that she is the first woman Dol ice officer of the City. The Mayor presented a Certificate of Commendation to Police Sergeant Dan Crumrine. Motion was made by Councilman Link seconded by Councilman Valdez that the fOllowing items under the Consent Calendar be approved by the following Roll Call Vote: Ayes: Council Members: Albert, Gage, ~ughan, Link, Taylor, Valdez and Goodrich: Approved the Minutes of the Reqular Council Meeting of May 2, 1983; Approved the fOllowing Salary Achievement Increases for the follow- ing four (4) City EmpJoyees, effective June 1, 1983: Peter Timewell, Police Sergeant, Range 36, from Step D, $2,823 to Step E, $2,965; John Robinson, Police Officer, Range 32a from Steo 0, $2,343 to Steo E, $2,460; Michelle Gough, Parking Enforcement Attendant, Range 21.5a from Step D, $1,490 to Step E, $1,564; and Joe Deras, Multi-Service Officer, Range 30 from Sten C, $2,100 to Step D, $2,205; Def. Dev. Agree. Approved a Deferred Development Agreement with Arata, Morton, Sr., Arata, et al Filice and Jiminez; Zon. Ord., Districts & Map Revi- sions Pub.Hear. re: Com. Dev. Block Grant Bids Exceeding $1,500 Las Animas Tech. Approved Contract Change Order No.2 for Las Animas Technology Pk. C.O. Park; and 2nd Owe 11 i ng- S.Jacobsen ...... Approved a recommendation to allow constructi on of a second d\'Je'll inq at 7257 Dowdy Street; Set June 6, 1983, as a Public Hearing date on complete revisions of the City's Zoning Ordinance, Districts and Maps; Set June 6, 1983, as a Public Hearing rlate re: Community Development Block Grant Program; Accepted a report of bids exceeding $1,500 per Council direction; Dev. Agree.-Solis Approved a Development Agreement with SV Properties 182, a Califor- Rancho, Tr. nia Limited Partnership, for Solis Rancho, Tract No. 7406, as recommended. #7406 Bids re: Xmas Hill P k . I mp . Bids re: De- wateri ng y/e 11 s Discharge ,""'" I .... Pub.Hear. re: Ba rbagl i a Re- zoning Director of Public Works-City Engineer Hansen oresented and explained a report of bids received for Chris~masHill ~ark Frontage Improvement Project. Mot"on was made by Councilman Taylor seconded by Councilman Link and carried th t Piazza Construction be awarded the bid in the amount of $58,800 for Christ as Hill Park Frontage Improvement Project as recommended. Cit Administrator Protempore Reinsch presented and explained a report of ids received for the Chemical & Mineral Analysis of the De- watering W lls Discharge. Mot on was made by Councilman Link seconded by Councilman Gage and carried th t the bid of Mission Laboratory, San Juan Bautista, be awarded the bid fo the Chemical & Mineral Analysis of the Dewatering Wells Dis- charge in he amount of $13,750.00 to include a budget amendment for same as recomme ded. The Mayor stated that a Public Hearing was held and closed May 2, 1983, on a rezoning request of Randy Barbaglia, applicant, from R2 (Two- Fami ly) Di tri ct to R3 (Low-Dens ity Multi ple-Family) Di stri ct on approxi- mately 1.5 acres located north of Royal Way, east of Filbro Drive and west of Im erial Drive and that introduction of a proposed ordinance rezoning same was c~ntinued due to a tie vote of the Council: Ayes - 3; Noes - 3; Absent - U I I Mr.1 Bob Saxe, representi ng the appl i cant, addressed the Council requesting'that the Public Hearing be re-opened. 4876 Cont. Pub . Hear. re: Haz. Mat. Ord. Budget Requests 10th St. Mobile Home Park Motion was made by Councilman Link seconded by Councilman Gage and carried that the Public Hearing be re-opened as requested. Mr. Bob Saxe, addressed the Council, further explaining the rezon i ngreques t. . l. The t1ayor asked if there was anyone further in the audience wishing to speak on the matter. There was no comment from anyone in the audience. Discussion was had by Council on the matter. Motion was made by Councilman Gage seconded by Councilwoman Albert and not carried by the followinq Roll Call Vote that a proposed ordinance be introduced and published by title and summary to allow R3zoning on Lots 95, 96 and 97 with the remaining lots to be zone R2: Ayes: Council Me~bers: Albert, Gage and Hughan. Noes: Council Members: Link, Taylor, Valdez and Goodrich. ~ ..... Motion was made by Councilman Valdez seconded by Councilman Link and carried that a proposed ordinance be introduced, reading waived and that it be published by title and summary granting R3 Zoning on Lots 32, 33, 95, 96 and 97 with remaining lots to be R2 by the following Roll Call Vote: Ayes: Council Members: Gaae, Link, Taylor and Valdez. Noes: Council Members: Albert, Hughan and Goodrich. The Mayor stated that it was the time and place scheduled for the continued public hearing on the proposed Hazardous Materials Ordinance; same being continued from the April 18, 1983, Council t1eeti ng. City Administrator Protempore Reinsch presented a recommendation to continue the Public Hearing to the June 6, 1983, Council Meeting. Motion was made by Councilwoman Hughan seconded by Councilman Gage and carried that the Public Hearing on the proposed Hazardous Materials Ordinance be further continued to the June 6, 1983, Council Meeting as recommended for additional study required. ~ , ......, The Mayor recommended that the following petitions be referred to the Council 1983-84 Budget Study Sessions: Senior Citizens requesting support to expand the Community Cen- ter; and Senior Citizens expressing support for the Senior Citizens' Coordinator position. Motion was made by Councilman Link seconded by Councilman Val- dez and carried that the Senior Citizens' requests be referred to the 1983-84 Budget Study Sessions as recommended. Mrs. A. R. Jensen, resident of the Tenth Street Mobile Home Park, addressed the Council requesting assistance in requirina the Mobile Home Park owner to comply with the contracts signed by the residents of the park and owner, and requested an ordinance for rent control. The Mayor referred same to the Director of Public Horks and Planning Director to assist Mrs. Jensen with the matter. The Mayor asked if there was anyohe further in the aUdienceJ. .'. wishing to sreak on any matter not on the agenda. . Mrs. Irene Baker, resident of the Tenth Street Mobile Home Park, addressed the Council and noted further explanation of the problems at that location. Mr. Jerry Hanson addressed the Council noting similar problems with the Daly Mobile Home Park on Monterey Street. The Mayor asked if there was anyone further in the audience wishing to speak. There was no comment from anyone in the audience. City Admin. Appointment E. 9th St. Imp. Proj. Bids ..... I .... Nob Hi 11 Fami ly Pk. Bonanza Days Footrace ....... I ..... Carnival-Gilroy Jaycees Assembly of God Church Fair Rev. Sharing Hearing Pol i ce Deot. P. G. & E. -- -- Police Dept. Plan. Com. Report 5/5/83 Tent. Maps J M~or reco~ended the appoi ntment of Mr. Jay Colorado, to the position of City Administrator for the salary of $48,000, effective July 15, 1983. 487'7 Baksa from Cortez, City an an annual Motion was made by Councilman Link seconded by Councilwoman Hughan and carried that Mr. Jay Baksa be appointed City Administrator for the City of Gilroy, effective July 15, 1983, at an annual salary of $48,000. Mr. Philip Jerrod, attorney from the firm of Thierman, Simoson & Cook, addressed the Council representing Star Excavation bid on the East Ninth Street et al Assessment District Improvement Project, requesting that their bid be accepted for said project, further exolaining same. The City Attorney noted that a bid would be awarded June 6, 1983, and that the matter of the Star Excavation bid would be taken under advise- ment. Mr. Frank Ruona, General Manager of Piazza Construction, addressed the Council, noting that the bid requirement fo~ the amounts to be written in words as well as numerals is common practice; further that Star Exca- vation's bid listed only one (1) sub-contractor. A letter from the Board of Supervisors, County of Santa Clara was noted in re: to Nob Hill Family Park Development. City Administrator Protempore Reinsch noted that the City would cooperate with the County on same. A letter from Winners Choice requesting permission to sponsor a footrace, June 11, 1983, during Bonanza Celebration was noted. Motion was made by Councilwoman Albert seconded by Councilman Gage and carried that Winners Choice be granted permission to sponsor a footrace June 11, 1983, during the Bonanza Days celebration noting and approving the Police Depart- ment's recommendation that the Bonanza Days run and parade plans be devel- oped in conjunction with City Staff. A letter from the Gilroy Jaycees requesting permission to sponsor a carnival June 1-5, 1983, was noted. Motion was made by Councilman Valdez seconded by Councilman Link and carried that the Gilroy Jaycees be granted oermission to sponsor a carnival June 1 through 5, 1983 as requested. A letter from the Assembly of God Church was noted requesting per- mission to hold a fair June 11, 1983. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the Assembly of God Church be granted permission to hold a fair on June 11, 1983, as requested. The following informational items were noted with no separate dis- cussion on same: Minutes of the 1983-84 Revenue Sharing hearing held April 8, 1983; Mrs. Becky Kaiser in aporeciation of Gilroy Police Department; P. G. & E. Notice of Filinq an Amendment to Application requesting authorization to revise its electric tariffs to reflect the cost of owning and operating the Helms Pumped Storage Project; and The Crippled Children's Society of Santa Clara County in apprecia- tion of Gilroy Police Department. The Report of the Planning Commission Meeting of May 5, 1983, was noted. Planning Director Dorn reviewed the recommendation for City Code amendments re: Section 21.41 (i) and (j), Tentative Map requirements. Ms. Gloria Ballard, M & H Engineering, addressed the Council request- ing additional thirty-six (36) months for requesting tentative map exten- sions. 4878 Tent. Map B.Mantelli Extension Lib. & Cult. Com. 4/12/83 Motion was made by Councilman Taylor seconded by Councilman Link and carried that the City Attorney be instructed to prenare an ordinance for introduction at the Jun'e'6, 1983, Counci'l Meetinq, re- quiring tentative map approvals to expire after twenty-four (24) months, plus additional extensions not to exceed thirty-six (36) months and extensions to be applied for at y~arly int~rvals. Council Members: Albert ahd Gage voted "no" on the motlon. . Motion was made by Councilwoman Hughan seconded by Councilman Gage and carried that a one (1) year extension be granted Tentative Map 81-2 (Bert Mantelli) as recommenrled. ~ I ....... The Minutes of the Library anrl Culture Commission Meeting of April 12, 1983, were noted. Exec. Session re: City Administrator Protempore Reinsch requested an Executive Meet &.\ Session to follow the'regular agenda of May 16,1983, in regard to Confer Meet and Confer. Council concurred, and the Mayor so ordered. Ga vil an Softba 11 Comp 1 ex Gilroy Public Library Telemetry System Kern Ave. Park Site Redevelopment Agency A Report of Parks & Recreation Director Ayer was noted and further explained in regard to Gavilan College Softball Complex pro- posal. Motion was made by Councilman Gage seconded by Councilman Val- dez and carried that the Report of the Gavilan College Softball Com- plex be approved as presented to include a budget amendment in the amount of $10,000.00 from Capital Outlay Recreation Funds as recom- mended. It was noted that an agreement with Gavilan College is being prepared to be approved by the Council. City Administrator Protempore Reinsch noted a request from the Santa Clara County Library for the City to participate in the purchase of a Book Security for the Gilroy Public Library. ....... Ms. Barbara Campbell, Librarian, addressed the Council and fur- ther explained the request. __ Motion was made by Councilwoman Hughan seconded by CounGilman Valdez and carried that $2,080.00 (current budget allocation) be author- ized for said request noting consider.ation for the balance in the 1983- 84 Budget. Director of Public Works-City Enqineer Hansen presented and explained a recommendation to accept En~ineer's proposal of Boone Cook & Associates for the design and soecifications for the new tele- metry system. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the Engineer's proposal of Boone Cook & Associates for the design and specifications for the new telemetry system be accepted to include a budget amendment not to exceed $10,000.00 as recommended. Director of Public Works-City Engineer Hansen presented and explained a report on undergrounrl utility costs associated with the Kern Avenue Park Site and request for fund appropriations. Motion was made by Councilwoman Albert seconded by Councilwoman Hughan and carried that the reauired underground utility costs as recommended by approved to include an ad~itional $11,206.97 from the City's Capital Outlay Revolvlng Funds increasing the City's 2/7ths share to $25,081.60. ...... i I ...... City Administrator Protemoore Reinsch noted a report on a pro- posed Redevelopment Agency for the City of Gilroy and recommendation that same be tabled for further study, requesting acceotance of the Dickson application and Intent to Proceed. Council indicated their reluctance to proceed with the Dickson application without reviewing copies of same, specifically financial statement, etc. ,...,. I .... Res. #83-42 Di ckson re: Bonding Res. #83-43 - I ..... 83-84 Pre- 1 i mi nary Budget Census "... Legislation Packard Dev. Fees- Dawn Way Orcha rd Supply .... 4879 Mr. Brent Dickson, addressed the Council requesting approval and further explaining his application for Industrial Bond Funding. Mr. David Tatro, representing Silacci Enterprises Five, addressed the Council noting that this company is unable to proceed with Industrial Bond Funding unless the City can proceed under a Redevelopment Agency Program. Mr. Gerald Laster, Bonrl Attorney from the firm of Wilson, Morton, Assaf & McElligott, addressed the Council further explaining laws governing City, State and Redevelopment Agency regulations recommending Council accept the Dickson application under the City's present bond funding in order for Mr. Dickson to proceed with his project. Moti on was made by Councilwoman Hughan seconded by Councilman Taylor that the reading of Resolution No. 83-42 be waived and that it be adopted. RESOLUTION NO. 83-42 A RESOLUTION OF ACCEPTANCE OF APPLICATION OF LLOYD BRENT DICKSON AND JENIEL P. DICKSON. PASSED AND ADOPTED this 16th day of May, 1983, ~y the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE Motion was made by Councilwoman Hughan seconded by Councilman Taylor that the reading of Resolution No. 83-43 be waived and that it be adopted. RESOLUTION NO. 81-43 A RESOLUTION OF DETERMINATION AND OF INTENTION TO UNDERTAKE PROJECT INCLUDING THE PROVISION OF REVENUE FINANCING FOR LLOYD BRENT DICKSON AND JENIEL P. DICKSON. PASSED AND ADOPTED this 16th day of r1ay, 1983, by the following vote: AYES: COUNCIL t101BERS: ALRERT, Gfl.GE, HUGHA\l, LINK, TAYLOR, VALDEZ and, GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE City Admini$trator Protempore Reinsch presente~ Council with the 1983-1984 Preliminary City Budget. Council set May 23, 1983, at 7:00 o'clock p.m. for a Council Budqet Study Session, noting that the various agencies requesting funding would be invited to this session; further set Mav ~6, 1983, at 7:00 p.m. for an additional Budget Stu~y Session. The following informational items were noted with no separate dis- cussion on same: Census Report of 24,330, effective January 1, 1983; Legislative Up-date; and Report on Mr. & Mrs. Packard's request to reduce development fees on their Dawn Way/Mesa Road property. Planning Director Dorn presented a review of the Orchard Supply parking layout further explaining same. Councilwoman Hughan recommended that a condition be included that the planning strip that senarates Orchard Supply property and the property to the east, be broken at two (2) approoriate locations so that, eventually, there would be opportunity for people to move in the east-west direction within the parking lots when the next piece of property is developed. Motion was made by Councilwoman Hughan seconded by Councilman Valdez and carried that the Planning Commission's conditions required of Orchard Supply regarding the oarking lot layout be reaffirmed to include an addi- tional condition as recommended by Councilwoman Hughan that the planning strip be broken at access points to the adjacent property. It was noted that Orchard Supply property representatives present in the audience agreed to the additional condition. 4880 Kern Ave. Property- Rowlison Church St. Rura 1 Fi re Property Golf Course Adv. Com. Bonanza Days Parade League of Calif.Cities Adj ournmen t A report on the request of Bruce Rowlison regarding his property on Kern Avenue was noted and further explained by Mr. Rowlison. He requested clarification of requirements of him. Planning Director Dorn noted that it is inappropriate and ill- advised for the City to purchase Mr. Rowlison's orooerty at this time. He noted that other solutions outlined by Mr. Rowlison cannot be acted upon by the City until annexation of his property, and that pro- posed annexation proceedings are underway at this time; specifically, prezoning of his property. He further noted that the Director of Public Works has spoken to Mr. Rowlison regarding the drainage channel after annexation of his oroperty. He further noted that he needs --- specific direction from the Council to a~enrl the General Plan; that he has previously received direction from the Planning Comission to down- -.t zone that area and Council ooposed this recommendation at the last Coun- cil Meeting with no change to the General Plan in this specific area. Mr. Rowlison indicated that maintaining R3 zoning would be acceptable. City Administrator Protempore Reinsch presented a report re- garding purchase of the Church Street Rural Fire Station property. Mr. Neil McBride, Santa Clara County Fire District, addressed the Council noting the building to be 3,500 sq. ft. Motion was made by Councilman Link seconded by Councilman Tay- lor and carried that approval be given to entering into an agreement with the County of Santa Clara for purchase of the Church Street Rural Fire Station property in the amount of $200,000.00 plus one-half of escrow and title fees as recommended, noting Revenue Sharing Funds to be expended for same. Councilmember Goodrich voted "no" on the motion. Councilman Gage, Chairman of the Golf Course Council Advisory Committee, recommended a budget amendment not to exceed $500.00 for appraisal of the maintenance equipment at the Golf Course, that is proposed to be sold by Mr. Murphy, Operator. ....., - The City Attorney reported that there is a prOV1Slon in the Golf Course Agreement that if the Operator leaves, the City has the option to purchase maintenance equipment at the Golf Course at market value; the question is what is market, and same is determined by an appraisal. Discussion was had by Council reqarding same. Motion was made by Councilman Gage seconded by Councilwoman Hughan and not carried to authorize up to $500 for an appraisal of the maintenance equipment at the Golf Course. Council Members Link, Taylor, Valdez and Goodrich voted "no" on the motion. Councilwoman Hughan reported that she and Councilman Gage were judges at the Chili Cook-Off at the Town & Country Village, San Jose, and one of the Gilroy units won the Booth Contest - First Place. She noted that they did not judge the chili, but the booths and costumes. Councilman Valdez inquired about action taken, if any, regard- ing the Bonanza Days Parade. It was noted that Council Dreviously acted upon Bonanza Days Parade; the ~emo included with this agenda was for informational purposes. .... The Mayor noted the League of California Cities - Peninsula Division Board of Directors Meetinq rescheduled to May 19, 1983 (5:30 p.m.) at Bresford Park, San Mateo, and to inform the City Clerk if they wished to attend. ....... At 10:21 p.m., the Mayor adjourned the meeting to an Executive Session regarding Meet and Confer; reconvened and further adjourned at approximately 11:30 p.m. Respectfully submitted, ~~t.~ . ' City Cl erk