Minutes 1980/03/17
43'72
March 17, 1980
Gilroy, California
The Regular Meeting of the Gilroy City Council was called to
order by His Honor Norman B. Goodrich at 8:00 p.m.
Roll Call Present: Council Members: Sharon Albert, Roberta H. Hughan,
Marion T. Link, John E. Pate, Robert E. Taylor and Norman B. Goodrich.
Absent: Council Member: Brian D. Cunningham.
San Ysidro The Mayor presented an Environmental Design Award for San
Pk. Award Ysidro Park from the California Parks and Recreation Society to Parks
and Recreation Director Ayer.
Tree City USA Parks and Recreation Director Ayer presented a Tree City USA
Award from the State Forestry Department to the Mayor, specifically,
a flag allowed to be flown for five (5) years and noting that the
City could reapply for said award at that time, a pla~ue and signs
designating this accomplishment to be erected at entrances to the City.
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Consent
Calendar
-
Minutes
Salary
Increases
......
.....
Budgeted
Purchases
Pub.Hear. re:
Beno pre-
zoning
.-
Intro. ord.
Unif. Admin.
Code
Res. #80-29
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CitY,Property
1st & Prince-
valle
......
--
New City Ha 11
Equipment
illIiie;;.N,,,,
4373
Motion was made by Councilman Link seconded by Councilwoman Hughan
that the following items under the Consent Calendar be approved by the
following Roll Call Vote: Ayes: Council Members: Albert, Hughan, Link,
Pate, Taylor and Goodrich. Absent: Council Member: Cunningham.
Approved the Minutes of the Regular Council Meeting of March 3,
1980;
Approved the following Salary Achievement Increases for Fourteen
(14) City Employees effective April 1, 1980: Humberto Hernandez, Andrew
Salgado, ARthur Salgado, and Natividad Gaucin, Groundskeeper Aides,
Range 21.5 from Step liB" $822 to Step C, $861; Linda DeJesus, Clerk Typist I,
Range 22.5 from Step B, $861 to Step C, $903; Steve Harris, Planning Intern,
Range 23 from Step B, $889 to Step C, $921; Art Rodriguez, Public Works
Maintenance I, Range 25 from Step C, $1,016 to Step D, $1,068; Robin
McGinnis, Junior Planner, Range 29.5 from Step A, $1,149 to Step B,
$1,207; David Norling, Police Officer, Range 32.5 from Step A, $1,329 to
Step B, $1,396; Charles Ellevan, Police Officer, Range 32.5 from Step B,
$1,396 to Step C, $1,468; Nancy Hoenck, Building Inspector, Range 34.5
from Step B, $1,539 to Step C, $1,616; Terry Vierra, Police Sergeant,
Range 36 from Step D, $1,824 to step E, $1,915; and two (2) effective
February 1, 1980:, Chester Kawahara, Groundskeeper Aide, Range 21.5 from
Step B, $822 to Step C, $861; John Holson, Building Inspector, Range 34.5
from step D, $1,696 to Step E, $1,779;
Approved a report on budgeted purchases exceeding $1,500 per
Council direction;
Set April 7, 1980, as a Public Hearing date on a prezoning request
of J. F. and Jean Beno on approximately 16.7 acres located at the south-
west corner of Las Animas and Murray Avenues, from Al-2.5 (County Agricul-
ture) Zone to M2 (General Industrial) District; and
re: Introduced a proposed ordinance amending Section 6.1 of the City
Code allowing the Uniform Administrative Code to be adopted by resolution.
Adopted Resolution No. 80-29 adopting Uniform Administrative
Code, 1979 Edition, to become effective May 7, 1980.
RESOLUTION NO. 80-29
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING UNIFORM
ADMINISTRATIVE CODE, 1979 EDITION.
PASSED AND ADOPTED this 17th day of March, 1980, to become effective
May 7, 1980, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBER: CUNNINGHAM
A report on one (1) bid received from Larry Connell, et al, for
lease of City Property at First and Princevalle Streets was noted and
further explained by Assistant City Administrator Reinsch.
Councilwoman Hughan noted that she would be absent during the
discussion and any action taken on same due to the fact that her firm is
the architect for said proposal.
City Administrator Wood noted that he would not take part in the
discussion due to his wife being employed by Century 21, recommending
that Council obtain an appraisal of fair rent prior to negotiating said
lease.
Motion was made by Councilman Taylor seconded by Councilman Link
and carried that an appraisal be made regarding the proposed lease and
requested the applicant to consider a shorter term lease.
Purchasing Agent Reinsch presented and explained a report on bids
for file cabinets, drafting furniture, and blueprint machine to be used
at the new City Hall.
Discussion was had on the matter.
4374
Pub. Hear. re:
USA
Bonanza Day
Committee
Motion was made by Councilwoman Hughan seconded by Councilman
Pate and carried that the recommended equipment be purchased as pre-
sented.
....
The Mayor stated that it was the time and place scheduled for
a public hearing on lands within the Urban Service Area of the City
of Gilroy for possible revision and/or removal of same.
The map and LAFCO Staff Report was noted and further explained
by Planning Director Dorn.
City Administrator Wood noted the recommendation requested by
~
....
LAFCO.
-
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposal.
Mr. Jerry Hoff, representing property owners of lands currently
in the USA located at the southerly portion adjacent to the present
City Limits excluding the two (2) most southerly parcels, addressed
the Council objecting to removal of said lands from the Urban Service
Area.
Mr. Joe Stave, attorney representing Fil-Den Farms, addressed
the Council and noted that the property owners wish to maintain said
land of approximately 52 acres in agricultural purposes.
Di rector of Publ i c Works-City Engineer Hansen noted that a ,-
major lift station would be required when the southerly lands in the
Urban Service Area adjacent to the present City Limits develops.
Mr. David V. Stout, realtor, addressed the Council in regard
to Gilroy's need for available industrial land.
Mr. Chuck Filice, partner of Fil-Den Farms, addressed the
Council noting that the 52 acres presently in the Urban Service Area
has been subdivided into ten (10) parcels.
...
Mr. Ben Denise, Fil-Den Farms, addressed the Council and
commented on the availability of sewer for said property.
Mr. Ted Uchida addressed the Council and noted that the increase
in fuel costs has prohibited continued expansion of the nursery opera-
tion and objects to removing his property from the Urban Service Area.
Mr. Jerry Hoff, addressed the Council and commented on the
proposed lift station noted to be required and disagreeing with same.
.....
Motion was made by Councilman Link seconded by Councilman Pate
and carried that the Public Hearing be closed.
Discussion was had by Council on the matter.
Motion was made by Councilman Link seconded by Councilwoman
Hughan and carried that the Public Hearing be reopened and continued
to April 7, 1980, to allow time for Staff to verify the total amount
of available vacant industrial land in the City and Urban Service Area.
The Mayor noted a request of the Bonanza Day Committee to
appear before the City Council.
...
Mr. Charles Larsen, Jr., addressed the Council representing,
Gilroy Bonanza Days I Committee requesting that the annual Bonanza ...
Day Barbecue scheduled at Christmas Hill Park be allowed to end at
12:00 midnight with an additional hour for cleaning the premises.
Mr. Alex Larsen addressed the Council and further requested
Council allow same.
Discussion was had by Council in regard to the matter.
Motion was made by Councilman Link seconded by Councilman
Taylor and carried that Bonanza Day Committee's request for 12:00
midnight closing time for their annual barbecue scheduled for Christ-
-
-
~'.,,,.,'!II
4375
mas Hill Park be allowed with one (1) additional hour to clean-up the
premises.
-
Spec. Olympics Director of Parks and Recreation Ayer reported on a Special Olympics
Event in Gilroy scheduled for April 26, 1980.
...."'"
.......
D. Ferrera-
Moratorium
Request
R.Drewitz
Moratorium
Request
~"'A'I\I
Ms. Gayle Matsuura and Geralyn Sousa, Parks and Recreation Depart-
ment employees, further explained the event and gave a slide presentation
on same.
Participants of the Special Olympics presented Council Members,
City Administrator and City Attorney with hats to be worn only by volunteers
in said event, further requesting their services at said event.
Mr. Don Ferrera, Broadway resident, addressed the Council requesting
exemption under the moratorium for his property on Broadway located within
the old Quad. Discussion was had on the matter.
Motion was made by Councilman Link seconded by Councilman Taylor
and carried that the request of Mr. Ferrera for an exemption under the
moratorium be denied.
A requ~st of Robert Drewitz for exception to the moratorium on
apartment construction in the old Ouad located at 7232 Hanna Street was
further explained by Mr. Richard Scagliotti, 753 Carla Way, representing
the owner.
Discussion was had on the matter.
Motion was made by Councilwoman Hughan seconded by Councilman
Pate and carried that the request be denied. Council Members Link and
Taylor voted "no" on the motion.
Trans. Dist. A letter from the City of Los Altos Hills in re: to Transportation
District was noted.
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Gilroy Police
Assoc.
Grievance
.....
.....
League
Bulletins
Lib. & Cu It .
Com.
-- Gilroy Apts.
Rogers Ln.
-
Motion was made by Councilwoman Hughan that the City support the
concept of the Transit District being separate from the Board of Super-
visors and that a system of representation for same be worked out sub-
sequently. Motion died for lack of a second.
Motion was made by Councilman Pate seconded by Councilman Link
and carried that the City approves the concept of separating the Trans-
portation District from the County government but the City cannot support
the specific proposals to date because they lack statements of representa-
tion.
Councilman Link suggested that a telegram be forwarded Senator
Alquist tomorrow noting Council action on said matter.
A letter requesting a Grievance Hearing on the Gilroy Police
Associationls Appeal of the Personnel Commissionls acting on Briefing
(lunch) was noted.
Motion was made by Councilman Pate seconded by Councilman Link
and carried that April 21, 1980, be set for a hearing on said appeal.
The League of California Cities Bulletins, dated March 7, 1980
(1.9-1980 and 1.10-1980) were noted and Council requested their usual
policy to support the League's position on same be applied.
The Mayor appointed Howard Smith as Honorary Advisor to the Library
and Culture Commission as recommended by said Commission.
A letter from residents of the Gilroy Apartments was noted regard-
ing the recent denial of a rezoning request on Rogers Lane.
The following informational items were noted with no spearate
discussion on same:
Senator S. I. Hayakawa in re: to LLagas 566 Project;
4376
Plan. Com.
RepQrt
3/6/80
ABAG report on Bay Area Development Fees; and
South Santa Clara Housing Development Corporation appreciation
on recent disbursements.
.....
IiIlIiilIiiIIW
The Report of the Planning Commission Meeting of March 6, 1980,
was noted and further explained by Planning Director Dorn. He pre-
sented a request to amend the Planning Department priorities as recom-
mended by the Comission. Council had no objection to same.
Lib. & Cult. Com. The Minutes of the Library and Culture Commission Meeting of ...
3/4/80 March 4, 1980, were noted.
Bond Int.
Ra tes
Water Rates
Industrial
Wastewater
Project
-
City Administrator Wood presented a recommendation from the
City's Bonding Attorney requesting a change in the City Maximum Bond
Rate to comply with AB #329.
The City Attorney noted a subsequent letter from Mr. Assaf
requesting the above change with the interest rate not specified and
determined by Council from time to time.
Motion was made by Councilman Pate seconded by Councilman Link
and carried that a proposed ordinance be introduced, the reading
waived and that it be published by title and summary amending Section
12A.130 of the City Code to allow Council to fix the bond interest
rate from time to time.
City Administrator Wood presented a Report on City Water Rates.
Motion was made by Councilman Pate seconded by Councilman Link and
carried that the City Attorney be instructed to prepare the necessary
resolution approving Alternate B for increase water rates to become
effective 4/20/80 as recommended.
City Administrator Wood presented a Report on the Initial
Sutdy of the proposed Odor Control Modifications Project. Motion was
made by Councilman Pate seconded by CouncilmElln:Link that a Public
Hearing date of April 7, 1980, be set for a hearing on the Cityls-
intent to issue a Negative Declaration for same.
...
--
Ord. re: Toilet The City Attorney presented a proposed ordinance pertaining
Facilities to Public Toilets recommending changing the words "water closets" to
"toilet facilities."
Real Estate
License
Fees
Motion was made by Councilman Link seconded by Councilman
Taylor and carried that the proposed ordinance enacting Section 6.3
of the City Code pertaining to Public Toilets be introduced, the
reading waived, and that it be published by title and summary with
the change of the words "water closets" to "toilet facilities" as
recommended.
The City Attorney presentdd information in regard to a proposed
ordinance amending Section 13.40-53 of the City Code pertaining to
license fees for Real Estate Salespersons.
Discussion was had by Council on the matter.
Mr. Carlos Davis, local Broker of Century 21, addressed the
Council further defining a Realtor Broker and Realtor Associates,
noting that an agent works under a Broker as an employee.
Ms. Ellen Schofield addressed the Council opposing the pro-
posal of $25.00 for each person selling real estate.
...
-
Motion was made by Councilman Pate that the license fee for
each real estate business location be set for $25.00 plus $10.00 for
each salesperson or broker. Motion died for lack of a second
...
Mr. David V. Stout addressed the Council objecting to licensing
a real estate location rather than each broker at said establishment. ..
~i'T,'5!lIt
-
RDO Rating
Scale
~;-' "~
......
Res. #80-30
.''''<1
....,
Historical
Heritage
Committee
Ci ty Council
Meetings
High School
Carnival
Sewer Adv.
Committee
.....
Southern
...... Pacific
-
-
East Freeway
79-5 Annex.
4377
Motion was made by Councilman Pate seconded by Councilwoman Hughan
and carried that the City Attorney be instructed to prepare an ordinance
requiring each real estate broker to pay a license fee of $25.00 plus
$10.00 for each salesperson assigned to that location.
Planning Director Dorn presented and explained revisions for ROO
Rating Scale previously discussed by Council.
Councilwoman Albert noted that she had requested additional points
under V.C. regarding Housing Cost Variety. Discussion was had on the
matter.
Councilwoman Hughan noted and requested that under V. HOUSING MIX
A.Housing Type Variety - that the words "within the proposed development"
be deleted and the workds, "in the City" be substituted. She also noted
that the examples should be deleted.
Council after discussion, agreed that the points for V. HOUSING
MIX should be as follows: A. Housing Type Variety - 8 points; B. Density
Type Variety - 7 points; C. Housing Cost Variety - 7 points; D. Housing
Cost Reduction Techniques - 8 points.
Motion was made by Councilwoman Hughan seconded by Councilman Pate
that the reading of Resolution No. 80-30 be waived and that it be adopted
to include the revisions as amended.
RESOLUTION NO. 80-30
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING A RESIDENTIAL
DEVELOPMENT ORDINANCE RATING SCALE.
PASSED AND ADOPTED this 17th day of March, 1980, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBER: CUNNINGHAt1
The Mayor appointed ,the following to the Historical Heritage
Committee for a two (2) year term: Howard Smith, Chairman; Roberta Hughan,
Council Representative; Mark Kennedy, Planning Commission Representative;
Ruth Habing, Historical Society Reprsentative; and Muriel Brem, Library
and Culture Commission Representative.
Councilman Taylor recommended that Council set a time limit on
regular scheduled Council Meetings. Council decided to view the matter
at each meeting at approximately 11:30 p.m. to determine if said meeting
required additional time or if some items could be continued to a later
date.
City Administrator Wood presented a request of the Gilroy High
School Student Body for sponsoring a carnival April 11, 12 and 13, 1980.
Motion was made by Councilman Pate seconded by Councilman Link and
carried that the request of the Gilroy High School Student Body to spon-
sor a carnival in April be approved.
City Administrator Wood advised the Council Vewer Advisory Com-
mittee of a meeting scheduled for March 21, 1980, at 3:00 p.m. with
the Bonding Attorney and the industries in regard to the Preliminary
Agreements for the Odor Control Project.
City Administrator Wood renorted that the lessees at the Old City
Hall are interested in retaining the lease with the Southern Pacific
Transportation Company for the northerly lot presented to Council at a
previous meeting.
Council had no objection to the City entering into an agreement
with the Southern Pacific Transportation Company to lease their property
at $940.00 per year as recommended.
City Administrator Wood presented a petition from property owners
for annexation of East Freeway 79-5 Annexation to the City of Gilroy
recently approved by LAFCO.
43'78
Res. #80-31
Motion was made by Councilman Link seconded by Councilwoman Hughan
that the reading of Resolution No. 80-31 be waived and that it be
adopted.
RESOLUTION NO. 80-31
A RESOLUTION PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE
CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRI-
TORY DESIGNATED AS "EAST FREEWAY ANNEXATION 79-5 TO THE CITY OF GILROY."
PASSED AND ADOPTED this 17th day of March, 1980, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and
GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBER: CUNNINGHAM
Res. #80-32
Motion was made by Councilman Link seconded by Councilwoman
Hughan that the reading of Resolution No. 80-32 be waived and that it
be adopted, removing said territory from the Gilroy Rural Fire District.
RESOLUTION NO. 80-32
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY WITHDRAWING FROM THE
GILROY RURAL FIRE DISTRICT TERRITORY THEREIN RECENTLY ANNEXED TO THE
CITY OF GILROY UNDER THE DESIGNATION "EAST FREEWAY ANNEXATION 79-5
TO THE CITY OF GILROY."
PASSED AND ADOPTED this 17th day of March, 1980, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and
GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBER: CUNNINGHAM
Police Records City Administrator Wood presented and explained a recommenda-
Clerk tion of the Police Chief to approve salary classificationifor Police
Records Clerk as recommended by the Foss Study. Motion was made by
Councilman Link seconded by Councilman Pate and carried that the
salary classification for Police Records Clerk be approved as recom-
mended by the Foss Study.
Police Dept. City Administrator Wood presented a request of the Police Chief
Recruitment recommending recruitment for Police Officers on a continuing basis.
Motion was made by Councilman Link seconded by Councilman Pate and
carried that the City proceed to recruit for Police Officers on a
continuing basis as outlined.
Adjournment At 11:36 p.m., the Mayor adjourned the meeting.
Respectfully submitted,
~Ud~ t. ,J~
/ City Clerk r
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