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