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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; ~ , I i I ....... 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;' !"<~ - 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. ~ IJ 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- .... , w - ..... -- [ W 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 I~ J 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. ....., 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 - 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. ..... Pub.Hear. re: J. Fil ice ,et al, pre- zoning .... ~ - Sr. Mobile Home Park - I .... 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. -...-._~ 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 ..... 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. ......... 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. .... - 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".,..~ - El Noa Noa Club ...... .... 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 .. Executfive Session to follow regardi~g' Meet and Confer review. Respectfully submitted, ftUo~? .d~ City Cl er'k .