Minutes 1983/06/20
Ro 11 Call
Cert. of
Servi ce-C.
Gorman
Consent
Calendar
4887
,June 20, 1983
Gilroy, California
The Regular Meeting of the Gilroy City Council was called to order
by His Honor Mayor Norman B. Goodrich at 8:03 p.m.
Present: Council Members: Sharon A. Albert, Donald F. Gage, Roberta
H. Hughan, Marion T. Link, Robert E. ;aylor, Pete Valdez, Jr. and Norman
B. Goodri ch.
The Mayor presented a Certificate of Service to Charles C. Gorman,
retired Fire Marshal.
Motion was marle by Councilman Link seconderl ~y Councilman Taylor and
carried by the following Roll Call Vote that the fOllowing items under the
Consent Calendar be approved: Ayes: Council Members: Albert, Gage, Hughan,
Link, Taylor, Valdez and Goodrich:
4888
Mi nutes
Pub. Hear. re:
Pub. Wks.
Fees
Pub.Hear. re:
Sewer Perc.
Pond Study
Sa 1 ary
Increases
Claim-C.
Simmons
Chri stmas Hi 11
Pk. Imp. Proj.
Dev. Agree. -
R. Malech
82-83 Budget
Amendments
Ord. #83-6 re:
Hazardous
Materials
Approved the Minutes of the Regular Council Meeting of June 6,
1983 ;
Set July 5, 1983, as a Public Hearinn date to amend Department
of Public Works' Fees;
Set July 5, 1983, as a Public Hearinn. date re: Sewer Percola-
ti on Pond Study;
Approved Salary Achievement Increases for the following six
(6) City Employees: Romeo Dekelaita, Police Officer, Range 32.5 from
Step C, $2,266 to Step D, $2,379; Mark Good, Police Officer, Range
32.5 from Step D, $2,379 to Step E, $2,498; Pam Popovich, Community
Services Specialist, Ranqe 30.5 'from Sten C, '$2,151 to Step 0, $2,258;
Martha Beck Wastewater Treatment Plant Operator I, Range 28.5 from
Step B, $1,575 to Step C, $1,655; and Benny Locsin, Services Coordi-
nator, Range 25 from Step A, $1,262 to Step B, $1,330;
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Denied a Personal, Injury Claim of Clifford Simmons;
Approved a recommendation to accept Christmas Hill Park Front-
age Improvement Project to include a budget amendment for same;
Approved a Development Agreement with Ray Malech as recommended;
Approved 1982-83 Budget Transfers and CarrY~Overs for projects
in progress, as recommended;
Adopted Ordinance. No. 83-6 re: Hazardous Materials Ordinance.
ORDINANCE NO. 81-6
AN ORDINANCE OF THE CITY OF GILROY ADOPTING ,THE MODEL HAZARDOUS MATER-
IALS STORAGE ORDINANCE.
PASSED AND ADOPTED this 20th day of June, 1983, by the fOllowing vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ
and GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE;'
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82-83 Budget
Amendments and
Approved a request to ,amend the 1982~83 Budget as recommended;
Ord. #83- 7
Sec. 21. 41
Tent.Maps
Insurance
Broker
Transfer
Adopted Ordinance No. 83-7 amending Section 21.41(i) and re-
pealing Section 21.41(j)regardinq Tentative Maps;
ORDINANCE NO. 83-7
AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 21.41(i) AND R~-
PEALING SECTION 21.41(j) OF THE GILROY CITY CODE TO PERMIT EXTENDING
THE EXPIRATION OF TENTATIVE MAPS TO 60 MONTHS.
PASSED AND ADOPTED this 20th day of June, 1983, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ
and GOODRICH
NOES: COUNCIL MEMBERS: N0NE
ABSENT: COUNCIL MEMBERS: NONE
City Administrator Protempore Reinsch presented a proposal and
recommendation for liability, fire, etc. insurance with Levinson Bro-
thers, San Francisco, in the amount of $42,843.00.
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Motion was made by Councilman Link seconrlerl by Councilman Gage
and carried that the proposal of Levinson Brothers, San Francisco, for
liability, fire, etc. insurance be aporoved as recommended; said trans-
fer as the City's broker of record effective July 1, 1983.
Gavilan Soft- City Administrator Protenpore Reinsch Dresented a recommendation
ball Field to award the bid of Automatic Rain in the amount of $9,415.76 for irri-
gation materials at the Gavilan Softball Field.
Motion was made by Councilman LInk seconded by Councilman Valdez
and carried that the bid of Automatic Rain in the amount of $9,435.76
be awarded for irrigation materials at Gavilan Softball Field, as recom-
mended.
\
Pub.Hear. re:
8 ., - '3<1 13 u:1<3 etl-
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4889
The Mayor stated that it was the time and place scheduled for a
Public Hearing on the 1983-1984 City Budqet.
City Administrator Protempore REinsch oresented and explained the
Staff Report.
The Mayor asked if there was anyone oresent in the audience wishing
to speak for or against the proposed 1983-84 Budget.
The following addressed the Council regarding requested funds for
their particular project and/or orograms:
Ms. Beverly Nelson, Executive Director of South Valley Counseling
Center, Gilroy, confirming previous request of $3,000.00 to provide adequate
prevention and intervention services for alcohol related problems.
Mr. Rogelio Valderas, 8117 Kelton, Dirve, Gilroy, Staff person for
South County Counseling Center further explained the Alcoholism Prevention
Program proposal.
Ms. Lynn Rugland, President of South Valley Counseling Center -
Youth Getting Together, Leavesley Road, explaining their fund-raising
projects.
Ms. Jane Rouschbrown, Coordinator for the Brown Bag Program at The
Food Bank, requested $3,400.00 for their oroqram.
Ms. Renee Aubuchon, representing South County Alternatives noted
that their request for funds had previously been explained to Council.
The Mayor asked if there was anyone present in the audience wishing
to speak on the 1983-84 Budget. There was no further comment from anyone
in the audience.
Motion was made by Councilman Link seconded by Councilman Taylor
and carried that the Public Hearing be closed.
Motion was made by Councilwoman Albert seconded by Councilman Valdez
and not carried by the following Roll Call Vote to apnrove fringe benefits
for the Senior Coordinator: Ayes: Council Members: Albert, Hughan and
Valdez; Noes: Council Members: Gage, Link, Taylor and Goodrich.
Motion was made by Councilwoman Albert seconded by Councilwoman
Hughan and carried by the following Roll Call Vote that $5,000 be approved
for the Owl (South County Alternatives): Ayes: Council Members: Albert,
Gage, Hughan, and Valdez. Noes: Council Members: Link, Taylor and Goodrich.
Motion was made by Councilwoman Hughan seconded by Councilwoman
Albert and carried by the followinq Roll Call Vote to approve $2,000 for
the Food Bank: Ayes: Council Members: Albert, Gage, Hughan, Valdez and
Goodrich. Noes: Council Members: Link and Taylor.
Motion was made by Councilman Link seconded by Councilman Taylor and
carried to deny the $3,000 request of South Valley Counseling Center.
Council Members: Albert and Gage voted "no" on the motion.
Motion was made by Councilman Link seconded by Councilman Valdez
and carried that the recommendation to transfer $500,000 in June 1984 from
Reserve for Replacement Fund (640) to the Utility Construction Fund (335)
be approved.
Motion was made by Councilwoman Hughan seconded by Councilwoman
Albert and failed by the fOllowing Roll Call Vote to restore $1,400 for
vacation relief in the Parks and Recreation Department: Ayes: Council
Members: Albert and Hughan. Noes: Council Members: Gage, Link, Taylor,
Valdez and Goodrich.' .
Motion was made ~y Councilwoman Hughan seconded by Councilwoman
Albert and failed by the following Roll Call Vote to restore $900,000 over-
time relief in the Parks and Recreation Department (same as 1982-81 request):
Ayes: Council Members: Albert and Hughan. Noes: Council Members: Gage,
Link, Taylor, Valdez and Goodrich.
Motion was made by Councilman Taylor seconded by Councilman Link and
failed by the following Roll Call Vote to eliminate $20,000 from the Tree
4890
Trimming Contractual Services: Ayes: Council Members: Gage, Link,
and Taylor. Noes: Council Members: Albert, Hughan, V~ldez and
Goodrich.
Res. #83-46 re: Motion was made by Councilwoman Hughan seconded by Councilman
83-84 Budget Valdez that the reading of Resolution No. 83-46 approving the 1983-84
City Budget as finalized be waived and that it be adopted.
Hearing re:
G.Vaughan
Var. Appeal
Res. #83-47
Pub.Hear. re:
B. Lynch
Tent. Map
Res. #83-48
RESOLUTION NO. 83-46
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING THE BUDGET
FOR SAID CITY FOR FISCAL YEAR 1983-1984 AND APPROPRIATING PROPOSED
EXPENDITURES FOR PURPOSES SET FORTH IN BUDGET.
PASSED AND ADOPTED this 20th day of June, 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
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The Mayor stated that it was the time scheduled for a hearing
on an appeal of the Planning Commission's decision denying a variance
request of George E. Vaughan, 7490 Crawford Street.
Associate Planner Myer addressed the Council and explained the
Staff Report.
Mr. George Vaughan, variance applicant, addressed the Council
and further explained his appeal and request for setback variance.
:' Discussion was had on the matter. It was noted that the City
has no control on location of foster homes within the City.
Motion was made by Councilwoman Albert seconded by Councilman
Link that the reading of Resolution No. 81-47 be waived and that it
be adopted reversing the decision of the Planni.ng Commission and ap-
proving said variance request of Mr. George Vaughan at 7490 Crawford
Street.
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RESOLUTION NO. 83-47
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY GRANTING ON APPEAL AN
APPLICATION FOR A THREE (3) FOOT VARIANCE TO THE 20 FOOT FRONT SETBACK
AT 7490 CRAWFORD DRIVE.
PASSED AND ADOPTED this 20th day of June, 1983, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ
anrl GOODRI CH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
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The Mayor stated that it was the time and place scheduled for
a Public Hearing to consider a Tentative Map request of Bob Lynch for
twenty-eight (28) residential townhouse lots and one (1) common lot
on property located on Gaunt Avenue, east of Morey Avenue and north of
First Street.
The Staff Report was further explained by Associate Planner
Myer.
The Mayor asked if there was anyone present in the audience
wishing to speak on the matter.
Mr. William Henry, Civil Engineer, reoresenting the apnlicant, 1--'
further explained the tentative map. -J
Motion was made by Councilman Link seconded by Councilman Gage
and carried that the Public Hearing be closed.
Motion was made by Councilman Link seconded by Councilman Taylor
that the reading of Resolution No. 81-48 be waived and that it be
adopted approving the Tentative Map of Bob Lynch as nresented.
RESOLUTION NO. 83-48
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING A TENTATIVE
MAP FOR 28 RESIDENTIAL TOWNHOUSE LOTS AND 1 COMMON LOT ON GAUNT AVENUE,
EAST OF MOREY AVENUE AND NORTH OF FIRST STREET.
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Pub.Hear. re:
J. Fil ice ,et
al, pre-
zoning
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Sr. Mobile
Home Park
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Nob Hi 11
Parade
4891
PASSED AND ADOPTED this 20th day of June, 1983, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LI NK, TAY LOR, VALDEZ
and GOODRICH
NOES: COUNCI L MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
The Mayor stated that it was the time and place scheudled for a
Public Hearing on a request of John Filice, et al, applicant, for prezoning
to R1 (Single-Family) District on prorerty lcoated on both sides of Morey
Avenue, both sides of Kern Avenue, north of First Street and south of Day
Roa d.
The Staff Report was noted and further explained by Associate
Planner Myer.
The Mayor asked if there was anyone present in the audience wishing
to speak for or against the proposal. There was no one present in the
audience wishing to speak on the matter.
Motion was made by Council~an Link seconded by Councilman Taylor
and carried that the Public Hearing be closed.
Discussion was had on the matter by Council regarding R3 designation
for some of the area on the General Plan. Associate Planner Myer further
explained same.
Moti on was made by Counci hJOman Hughan seconded by Counc il man Gage
and carried that a proposed ordinance be introduced and published by title
and summary prezoning said property to Rl as recommended.
The Mayor asked if there was anyone present in the audience wishing
to speak on any matter not on the agenda.
Ms. Fern Espinosa, 8282 Murray Avenue, Gilroy, addressed the Council
requesting City funds for a traffic signal at Murray Avenue and Leavesley
Road.
Staff noted that $62,500 City's share was allocated in the 1983-84
Budget for said project.
A letter from Mrs. Royal J. Light, Pacific Mobile Estates tenant,
requesting funds for a Senior Mobile Home Park, further explained by Mrs.
Light, requesting assistance in seeking aid for such a project.
The Mayor referred Mrs. Light to Mr. John Burns, Executive Director
of the Housing Authority of Santa Clara County, noting that the City could
not sponsor such a project; that they could endorse same for outside
fundi ng.
Mrs. Irene Baker, addressed the Council requesting immediate assist-
ance noting that due in increases in rents, some of the tenants on a fixed
income are unable to live.
Councilman Link suggested that these coricer~ed'citizens inquire
about Section 8 for immediate relief if all criteria is met and suggested
that Mr. Burns may be able to assist them in this regard.
Mr. Joe Espinosa add~essed the Council noting that he is satisfied
with his present residence located in a mobile home park, but is always
looking for something better, and that there is a need for a mobile home
park for seniors when the tenants can own their own lots.
Mr. John Stephan, 500 W. 10th St., Sp. #167, addressed the Council
suggesting that the Council appoint a Committee consisting of businessmen,
Council members and mobile home residents to work out the problem.
The concerned citizens were aoain referred to Mr. John Burns,
Executive Director of the Housing Authority of Santa Clara County.
A letter from Nob Hill General Store (Michael Bonfante) was noted
requesting permission to file a parade application nrior to the sixty (60)
day City Code requi rement, further expl ained by City Admini strator Protempore
Reinsch.
4892
Lib. & Cult.
Com.
5/10/84
Uncollectable
Util ity
Acco un ts
HCD Rehab.
Loan-City
Employee
Motion was made by Coucnilman Link seconded by Councilman Gage
and carried that the 60 d~y City Code requirement be waived for Nob
Hill General Store to file a parade application as requested.
The following informational items were noted with no separate
discussion on same:
Gilroy Unified School District teacher commendinq a Gilroy
Police Department officer; and '
R. E. Becker in appreciation of a Gilroy Police Department.
Offi cer. ....
The Minutes of the Library and Culture Commission Meeting of
May 10, 1983, were noted.
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A request to write-off uncollectable utility accounts was
noted and further explained by City Administrator Protempore Reinsch.
Motion was made by Councilwoman Hughan seconded by Councilman
Taylor and carried that Staff be authorized to write-off uncollectable
utility accounts in the amount of $5,812.20 as recommended, represent-
ing .44% of 1% net loss.
A recommendation to approve a rehabilitation loan application
of a city employee was noted and further exolained by City Administra-
tor Protempore Reinsch.
Motion was made by Councilman Link seconded by Councilwoman
Hughan and carried that a rehabilitation loan application of Martin
Quiroz, city employee, be approved.
Contract-Gates, A recommendation to renew the annual service contract with Gates,
McDonald McDonald was noted and further explained by City Administrator Pro-
tempore Reinsch.
E. 9th St.
Assmt. Di st.
Res. #83-49
& 50
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Motion was made by Councilman Taylor seconded by Councilman
Link and carried that approval be given to renew the annual service
contract with Gates, McDonald and execute the contract for same.
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City Administrator Protempore Reinsch presented resolutions in
regard to E. Ninth Street et al Assessment District.
Motion was made by Councilman Link seconded by Councilman
Taylor that the reading of Resolution No. 83-49 ordering reduction
of certain assessments and revision in cost estimate be waived and
that it be adopted.
RESOLUTION NO. 83-49
A RESOLUTION ORDERING REDUCTION OF CERTAIN ASSESSMENTS AND REVISIONS
IN COST ESTIMATE - EAST NINTH STREET ET AL ASSESSMENT DISTRICT 83-1.
PASSED AND ADOPTED this 20th day of June, 1983, by the fOllowing vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ
ann GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
Motion was made by Councilman Link seconded by Councilman
Taylor that the reading of Resolution No. 83-50 determining unpaid
assessments and providing for issuance of bonds be waived and that it
be adopted.
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RESOLUTION NO. 83-50
A RESOLUTION DETERMINING UNPAID ASSESSMENTS AND PROVIDING FOR ISSUANCE
OF BONDS - EAST NINTH STREET ET AL ASSESSMENT DISTRICT 83-1.
PASSED AND ADOPTED this 20th day of June, 1983, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, HGUHAN, LINK, TAYLOR, VALDEZ
and GOODRI CH
NOES: COUNCIL MEMBERS: N0NE
ABSENT: COUNCIL MEMBERS: NONE
Redevelopment
Agency
Exec. Session
re : Meet &
Confer & Adj.
Meeting
.,.";,,..!II
Condemnati on
Proceedi ngs
re:Obata
Property
F. Wood re:
Retirement
Date
Sewer Contract
Amendment
'I""l".,..~
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El Noa Noa
Club
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Adjournment
4893
City Administrator Protempore Reinsch presented and explained a
request for direction regarding formation of a Redevelopment Agency for
the City.
Council instructed Staff to oroceed and present the proposed ordi-
nance required for formation of said agency to Council at the July 5,
1983, Council Meeting.
City Administrator Protempore Reinsch requested an Adjourned
Council Meeting and Executive Session on June 27,1983, at 8:00 o'clock
p.m. for Meet & Confer Review and reauest for an Executive Session to
follow this meeting (6-20-83) regarding litigation matters.
'Council had no obje~tion.
City Administrator Protempore Reinsch requested authorization to
proceed with condemnation oroceedings to acauire the Obata Property, if
necessary.
Motion was made by Councilman Link seconded by Councilwoman Hughan
and carried that the City Administrator Protempore be authorized to pro-
ceed with condemnation proceedings to acquire the Obata Property, if
necessary.
A letter from Mr. Fred O. Woorl reqardinq official retirement date
of July 5, 1983, was noted.
Motion was made by Councilwoman Hughan seconded by Councilman Valdez
and carried that Mr. Fred O. Wood's letter of resignation be accepted and
that his official retirement date be July 5, 1983.
City Administrator Protempore Reinsch presented and explained a
report on Council actions required as a result of the Council Sewer Advisory
Committee Meeting.
Motion was made by Councilman Link seconded by Councilman Gage and
carried that the following be approved as recommended: Amendment to the
present PRC Consoer Townsend construction engineering contract to provide
for continued audit preparation and engineering wrapup to include a budget
amendment in the amount of $17,317 and investigation per State requirements
of levee strengths on both the agricultural and municipal pond area to
include a budget amendment for same in the amount of $3,400.00.
The following informational item \\las noted with no seoarate cfis-
cussion:
Legislative update prepared by Police Chief Cowart.
Councilman Gage noted noise complaints received in regard to El
Noa Noa Club.
City Administrator Protempore Reinsch requested that he be notified
immediately of any future complaints received in this regard.
Councilman Gage suggested that the City's sewer plant be named
Fred O. Wood's Memorial Sewer Plant.
Councilman Gage req~ested permission to leave the State noting that
he would not be present at the July 5, 1983, regular Council Meeting.
Council had no objection to same.
Councilwoman Hughan reported on the recent Transportation Commission
trip in regard to light rail, noting that light rail is very cost effective.
At 9:5~ p.m., the Mayor adjourned to an Executive Session regardina
litigation matters.
At 10:22 p.m., the Executive Session was adjourned and the regular
meeting reconvened. Motion was made by Councilman Link seconded by Council-
man Taylor and carried that the meeting adjourn to an Adjourned Regular
Council Meeting of Monday, June 27,1983 at 8:00 o'clock p.m. noting an
48'94
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Executfive Session to follow regardi~g' Meet and Confer review.
Respectfully submitted,
ftUo~? .d~
City Cl er'k .