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Minutes 1987/05/04 5510 Posting Agenda Roll Call Consent Calendar Minutes Impts. C. O'Dell & S.Leonard Regular Meeting of May 4, 1987 Gilroy, California Mayor Hughan led the Pledge of Allegiance to the Flag. The City Clerk reported that the Agenda had been posted on April 30, 1987 at 11:45 a.m. Present: Councilmembers: Sharon A. Albert, Donald F. Gage, Paul V. Kloecker, Larry Mussallem, Daniel D. Palmerlee, Pete Valdez, Jr. and Roberta H. Hughan. (8:04 p.m.). Motion was made by Councilman Gage seconded by Councilman Valdez that the following items under the Consent Calendar be approved by the following Roll Call Vote: Ayes: Councilmembers: Albert, Gage, Kloecker, Mussallem, Palmerlee, Valdez and Hughan: Approved the Minutes of the Regular Council Meeting of April 20, 1987 Accepted the following Improvements as recommended: Chuck O'Dell - 9th and Church Streets and Steve Leonard - Obata Way; c "... L "... , ~ Impts.-Wayne Couch Bids re: Aerial Lift Truck Bids re: Wastewater Fac. Repair Bids re: Sr. Cit iz ens Center Rent Cont. Ord. 5511 Accepted Improvements as recommended for Wayne Couch, north- west corner of Mayock Road and Obata Way. City Administrator Baksa presented a report and recommenda- recommendation from the Task Force for the Aerial Lift Truck from Pac Power in the amount of $66,945.00. Motion was made by Councilman Mussallem seconded by Councilman Palmer lee and carried that the bid of Pac Power in the amount of $66,945.00 be awarded as recommended. City Administrator Baksa presented a report and recommenda- recommendation to award the bid of West Valley Construction in the amount of $7,600.00 for the Food Processor Wastewater Facility Repair at Llagas Creek Pipeline Crossing, noting that the low bidder, J. & J. Plumbing declined to perform the previously awarded bid. Motion was made by Councilman Palmerlee seconded by Councilwoman Albert and carried that the bid of West Valley Construction in the amount of $7,600.00 be awarded for the Food Processor Wastewater Facility Repair Project at the Llagas Creek Pipeline Crossing as recommended. City Administrator Baksa presented a report and recommenda- recommendation to award the bid of Hampshire Construction in the amount of $569,470.00 for the Senior Citizen Center. Motion was made by Councilman Kloecker seconded by Councilwoman Albert and carried that the bid of Hampshire Construction in the amount of $569,470.00 be awarded for the Senior Citizen Center Project as recommended. Discussion was had on the proposed ordinance pertaining to Rent Stabilization for Mobile Home Parks previously introduced April 20, 1987 and published by title and summary. The Staff report was noted and discussed. Motion was made by Councilman Palmerlee seconded by Councilman Valdez and carried to amend Section 8-F eliminating the last portion of the sentence "which the park owner is willing to provide". Council clarified Section 6.1 regarding 51% to be of the rental spaces. The Mayor asked if there was anyone present in the audience wishing to present new information in regard to the proposed Rent Stabilization Ordinance. Mr. Tom Dawson, resident of Pacific Mobile Estates, addressed the Council, noting that the continuous rent increases have been cruel and unfair and that basing their return on an inflated valuation is illegal. The Mayor noted that this section of the ordinance was eliminated from the proposed ordinance; leaving in a provision that their financial situation could be considered by the Arbitrator. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. Ms. Sandra Hennigen, resident of Pacific Mobile Estates, addressed the Council noting that a friend of hers living in a double-wide mobile home in Silicon Valley pays the same rent as she pays in Gilroy for a single-wide mobile home. The City Attorney noted that if the ordinance is adopted it will not go into effect until thirty days, or prior to the effective date of the notice of increases that residents received. Those increases are not necessarily effective if in fact 51% of the non-lease tenants petition for arbitration, and would be settled by arbitration. 5512 Ord.87-8 Res.87-31 Res.87-32 Ms. Mary Ellen Rocha, Operation Sentinel, addressed the Council and requested clarification of the 51% vacancy. Planning Director Dorn noted that if there were only five tenants receiving a rent increase they would need to get 51% of signatures of the entire park, however there is a requirement in the ordinance that the rent notices must be forwarded to everyone in the park at the same time even if it is effective in six months instead of just two months away. Everyone would receive a notice of rent increase at the same time for any year and would know what their rent increases would be and could then decide at that time whether or not they wished to sign an arbitration petition. Motion was made by Councilman Palmerlee seconded by Councilwoman Albert that the reading of Ordinance No. 87-8 be wavied and that it be adopted. ] ORDINANCE NO. 87 - 8 AN ORDINANCE OF THE CITY OF GILROY ENACTING THE MOBILE HOME SPACE RENT STABILIZATION ORDINANCE. PASSED AND ADOPTED this 4th day of May, 1987, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: ALBERT, GAGE, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN COUNCILMEMBER: KLOECKER COUNCILMEMBERS: None At 8:43 p.m. the Myor declared a Recess and reconvened the meeting at 8:48 p.m. Motion was made by Councilman Mussallem seconded by Councilman Kloecker that the reading of Resolution No. 87-31 be waived and that it be adopted amending the comprehensive fee schedule to provide an arbitation initial cash deposit per party of $750.00. RESOLUTION NO. 87 - 31 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY REVISING THE COMPREHENSIVE SCHEDULE OF FEES CHARGED BY ALL DEPARTMENTS OF THE CITY. PASSED AND ADOPTED this 4th day of May, 1987, by the following ~ I J j ....J vote: AYES: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN. COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: City Administrator Baksa presented a recommendation to authorize commencement of Eminent Domain Proceedings to Acquire Property located at the Northeast corner of Tenth and Church Streets, (Life Estate for Evelyn Della-Santa as to a Life Estate, E. Rocha, F. Cotta, J. H. Cotta Jr., as to the remainder.) Motion was made by Councilman Mussallem seconded by Councilman Palmerlee that the reading of Resolution No. 87 - 32 be waived and that it be adopted authorizing commencement of Eminent Domain Proceedings as recommended. RESOLUTION NO. 87 - 32 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AUTHORIZING COMMENCEMENT OF EMINENT DOMAIN PROCEEDINGS TO ACQUIRE PROPERTY AT ] THE NORTHEAST CORNER OF TENTH AND CHURCH STREETS ORDERING NOTICE .' TO THE LANDOWNERS AND SETTING A HEARING. PASSED AND ADOPTED this 4th day of May, 1987, by the following vote: AYES: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN. COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: The Mayor asked if there was anyone in the audience wishing to speak on any matter not on the agenda. There was no comment from anyone in the audience. ",... ..... r ~ "... l SB 692 Muni. Elections Proclama- tions Res.1I87-33 City Owned Houses 87-92 Budget !:; 5 1 'Z, '-' v Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that the City oppose SB 692 (Keene) as recommended by the Planning Director. A Report from the City Attorney on Council options regarding City Elections was noted and requested that same be reagendized for the next regular Council Meeting. The following informational items were noted with no separate discussion on same: Proclamations Issued by Mayor Hughan: Earthquake Prepared- ness Month - April 1987; Arbor Day - April 25, 1987; National Public Works Week - May 17-23, 1987; Poppy Days - May 18-24, 1987; American Home Week - April 26-May 2, 1987; and Hire-A-Veteran Week - May 3-9, 1987; Intergovernmental Council Solid Waste Committee's Annual Report on Solid Waste Planning in Santa Clara County; Assemblyman Areias' response to City's request regarding Commercial Vehicles Parking in Residential Districts; Santa Clara Valley Water District Commission Meeting of May 7, 1987 and Minutes of the April 24, 1987 Meeting; State Department of Transportation Meeting of May 6, 1987 - 7:00 p.m., Gilroy City Hall, Council Chambers re: Future Routing of State Highway Route 152 between U.S. 101 and State Highway Route 156. The Mayor noted that City Engineer Allen would attend this meeting. Bonnie Simonsen re: South Valley Inter Community Hospital Project; and San Francisco Bay Area Sports Organizing Committee re: Hosting the 1996 Olympic Summer Games in the San Francisco Bay Area. Assistant City Administrator Reinsch recommended authoriza- tion to commence proceedings of judicial foreclosure on portions of the Las Animas Technology Park Assessment District to recover delinquent bond interest and redemption payments, further explaining same. Motion was made by Councilman Palmerlee seconded by Councilman Gage that the reading of Resolution No. 87-33 be waived and that it be adopted. RESOLUTION NO. 87 - 33 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING JUDICIAL FORECLOSURE OF DELINQUENT ASSESSMENTS PURSUANT TO THE IMPROVEMENT BOND ACT OF 1915, AND ORDERING THAT THE TAX COLLECTOR BE CREDITED WITH THOSE ASSESSMENTS. PASSED AND ADOPTED this 4th day of May, 1987, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN. COUNCILMEMBERS: None COUNCILMEMBERS: None Motion was made by Councilman Mussallem seconded by Councilman Gage and carried that the City enter into a legal agreement with the firm of Sherman & Feller to proceed with the above foreclosure. City Administrator Baksa recommended relocation of City owned houses project. Motion was made by Councilman Mussallem seconded by Councilman Palmerlee and carried that approval be given for relocation of City Owned Houses Project as recommended. City Administrator Baksa distributed the 1987-1992 Five Year Fiscal Plan and read the budget message. 15514 ! Property Acuisition Adjrnmt. .. City Administrator Baksa presented a recommendation to purchase property at .First and Monterey Streets and at Gilman Road, further explained by Assistant City Administrator Reinsch. Motion was made by Councilman Palmerlee seconded by Councilman Mussallem and carried that Council take action on the above recommendation, and that the need to take action on this matter arose after posting of the agenda. Motion was made by Councilman Gage seconded' by Councilman Kloecker and carried that authorization be given to purchase property at First and Monterey Streets (790-37-007 - Roman Catholic Bishop of San Jose, Owner); and at the northside of Gilman Road (841-19-003 Mary E. Victorino, Owner) as recommended. The Mayor noted the success of Arbor Day and Opening of Las Animas Park project, noting the City was selected Tree City USA for the 8th Year. The Mayor noted Councilman Kloecker's participation in a local play. Councilman Gage requested a Proclamation for Italian Heritage Day. The Mayor noted that she had proclaimed same and requested that a copy be forwarded Councilman Gage. Councilman Valdez on behalf of the Tourist Bureau recommended that the Mayor declare the week of June 14th Gilroy Bonanza Day. Motion was made by Councilman Valdez seconded by Councilman Gage that a proclamation be issued declaring the week of June 14th Gilroy Bonanza Day as recommended. The Mayor noted the Joint Gilroy/Morgan Hill City Councils' Dinner Study Session May 5, 1987 at 6:30 p.m., Golden Oaks Restaurant in Morgan Hill re: General Mutual Interests of each City and Joint Study Session to follow at approximately 8:00 p.m. re: Denitrification proposal for the Wastewater Facilities. All Councilmembers requested reservations. The Mayor noted the Special Council Meeting on Appeal Hearing on Decision of the City Administrator Revoking the El Cachanilla Club's Regulatory Bar Permit, May 11, 1987 at 7:00 p.m., Gilroy City Council Chambers. The Mayor noted a Study Session of the Gilroy City Council to follow the above Hearing re: 1987-1988 Budget. The Mayor noted a Study Session scheduled on May 13, 1987 at 7:00 p.m. re: 1987-1988 City Budget. The Mayor noted a Tentative Council Session with Mr. David Jones on May 27, 1987 for one-half day. At 9:44 p.m. the Mayor adjourned the meeting. ~~E.