Minutes 1981/09/21
4624
Roll Call
Intro. New
Employee
Consent
Calendar
Minutes
September 21, 1981
Gilroy, California
The Regular Meeting of the Gilroy City Council was called to
order by His Honor Mayor NormRn B. Goodrich at 8:01 D.m.
Present: Council Members: Sharon Albert, Brian D. Cunningham,
Roberta H. Hughan, Marion T. Link, John E. Pate, Robert E. Taylor and
Norman B. Goodrich.
The t1ayor introduced new employee, Ronnie Dale Latham, Police
Officer.
City Administrator Protemrore Reinsch requested removal of
Item "III from the Consent CRlendar re: Request to Amend the 1981-82
Expenditure Budget for further explanation of same.
Motion was made by Councilman Cunningham seconded by Councilman
Pate that the following items under the Consent Calendar be approved
by the following Roll Call Vote, excluding Item "I II , as recommended:
Ayes: Council Members: Albert, Cunningham, Hughan, Link, Pate, Taylor
and Goodrich.
Approved the Minutes of the Regular Council Meeting of September
8, 1981;
Claim - R. Marin
Claim - I.S.
Campos
Claim - S.DeLeon
4625'
Denied a Personal Injury Claim of Rose Marin;
Denied a Personal Injury Claim of Irma S. Campos;
Denied a Property Damage Claim of Sergio DeLeon;
Ord. #81-29 re: Adopted Ordinance No. 81-29 prezoning 5.65 acres located west of
E.E.Filice Pre- Thomas Road and north of Uvas Creek to R3 (Low-Density Multiple-Family)
zoning District, Ernest E. Filice, applicant.
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Dev. Agree.-
J. Barrow
Salary
Increases
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Pub.Hear. re:
HCD Budget
Budget
Amendments
Sweeping
Service
Cont ract
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t~ord
Processor
ORDINANCE NO. 81-29
ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID
CITY BY PREZONING A 5.65 ACRE PARCEL ADJOINING THE CITY OF GILROY SOUTH
OF GILROY HIGH SCHOOL AND NORTH OF UVAS CREEK AS R3(LOvJ-DENSITY MUL TIPLE-
FAMILY) AND OS (OPEN SPACE) DISTRICTS.
PASSED AND ADOPTED this 21st day of September, 1981, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR
and GOODRI CH
NOES: COUNCI L MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE;
Approved a Deferred Development Agreement (Forest Street) and a
Development Agreement (Leavesley Road) for J. Barrow, applicant;
Approved Salary Achievement Increases for the following five (5)
City Employees: Steve Morrow, Police Officer, Range P32a from Step D,
$2,039 to Step E, $2,141; Kim Merrill, Police Officer, Range P32.5 from
Step D, $2,070 to Step E, $2,174; John Garcia, Recreation Supervisor I,
Range 30.5 from Step D, $1,750 to Step E, $1,840; and Norman Garcia,
Groundskeeper II, Range 29 from Step C, $1,550 to Step D, $1,625, effec-
tive October 1, 1981, and Manuel Brionez, Public Works Maintenance I,
Range 27, from Step A, $1,273 to Step B, $1,339, retroactive to September
1, 1981; and
Set October 5, 1981, as a Public Hearing date on the proposed
H.C.D. Budget
City Administrator ProtemporeReinsch explained the Report on
requested Budget Amendments removed from the Consent Calendar for further
explanation.
Motion was made by Councilman Cunningham seconded by Councilwoman
Hughan and carried that approved be given for striping of police vehicles
as recommended to include the Budqet transfers for same. Council Members
Link and Taylor voted IInoll on the motion.
Motion was made by Councilwoman Hughan seconded by Councilman
Taylor and carried that Budget Amendments 1, 2, and 3, as recommended
under Item II II I II, be approved as recommended.
Director of Public Works-City Engineer Hansen presented a report
recommending awarding a two (2) year contract to Smith's Action Mainten-
ance for sweeping services in the amount of $30,709.00.
Motion was made by Councilman Link seconded by Councilman Pate
and carried that the bid of Smith's Action Maintenance for sweeping ser-
vices in the amount of $30,709.00 be awarded as recommended.
Planning Director Dorn presented a report recommending Lease Pur-
chase of a Word Processor with A. B. Dick in the amount of $23,590, in-
cluding sales tax, through a loan with the Bank of America as further
explained by City Administrator Protempore Reinsch.
Motion was made by Councilman Pate seconded by Councilman Taylor
and carried that Staff be authorized to proceed with a Lease Purchase
arrangement for a Word Processor from A. B. Dick in the amount of
$23,590.00 through a 10% five (5) year loan with the Bank of America,
as outl ined.
4626.
Cus todi a 1
Contract
City Administrator Protempore Reinsch presented a report and
recommendation to award the bid of Arias Maintenance for the new
Custodial Contract for City Hall in the amount of $17,340.00 recom-
mending amending the Budget $1,340.00 to provide for same.
Motion was made by Councilman Pate seconded by Councilman Cun-
ningham and carried that the bid of Arias Maintenance be awarded in the
amount of $17,340 for the new Custodial Contract as recommended and
that the Budget be amended to provide for same, as recommended.
Pub.Hear. re: The Mayor stated that it was the time and place scheduled for
Weed Abate. a Public Hearin9 on the Report and Assessments on Abatement of Weeds
and Refuse.
Res. #81-81
Pub. Hear. re:
RDO Appli-
cations
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The Fire Chief's report was noted. Fire Chief Rrittain noted
his presence to answer any questions regarding same.
The Mayor asked if there was anyone present in the audience
wishing to speak for or against the matter.
There was no comment from anyone in the audience.
Motion was made by Councilman Pate seconded by Councilman Cun-
ningham and carried that the Public Hearing be closed.
Motion was made by Councilman Cunningham seconded by Councilman
Taylor that the reading of Resolution No. 81-81 be waived and that it
be adopted.
RESOLUTION NO. 81-81
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CONFIRMING THE REPORT
OF THE CHIEF OF THE FIRE DEPARTMENT SETTING FORTH THE DESCRIPTION OF
PROPERTY, THE OWNERS THEREOF, AND THE COST OF ABATING THE NUISANCE
CAUSED BY THE GROWING OF WEEDS AND ACCOUMULATION OF REFUSE IN THE
CITY OF GILROY, AND PROVIDING THAT SUCH COSTS SHALL CONSTITUTE ASSESS-
MENTS AGAINST THE RESPECTIVE OWNERS OF LAND.
PASSED AND ADOPTED this 21st day of September, 1981, by the fOllowing
vote:
AYES:
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NOES:
ABSENT:
COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE,
TAYLOR and GOODRICH
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
The Mayor stated that it was the time and place scheduled for a
Public Hearing to consider Residential Development Applications for
construction in 1982, 1983 and 1984, requesting that speakers limit
their presentations to five (5) minutes.
Planning Director Dorn presented the Staff Report and further
explained same.
A letter from Gilroy Unified School District was noted recom-
mending approval of Ringel-Arita/Solis Rancho application for a build-
out assignment.
The Mayor asked if there was anyone present in the audience
wishing to speak for or against the matter.
The following persons addressed the Council and snoke on behalf
of the RDO applications:
Mr. Gary Coats, representing RD 81-1 (Solis Rancho Development)
requesting 35 units in the first phase plus an additional 7 units for
model homes. He further noted that the developer is in aqreement with
the conditions recommended.
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Mr. Ted Schaal, co-owner of Longmeadow re: RD 81-11 distributed
additional information to Council in regard to his commitment to con-
struction of 50% of the estimated construction cost; requesting a large
enough build-out schedule for three (3) years to make the nroject
profitable. He noted the informational progress letter Council re-
ceived from Arnold Brunetti, W. J. Hanna & Son, confirming the Storm
4627
Drainage Project in its design concept. He requested the following
build-out assignments: 68 in 1982 (noting he already has 25 committed
from the 1981 RDO); and the maximum number in the 1983 and 1984 Schedules
in order to make the project feasible. He further noted that he would
agree to a ten (10) year reimburseable agreement for said storm drain project
however, requested a fifteen (15) year agreement.
Mr. Jerry Hamilton, representing owners of the property under RD 81-16
inquired if Council received and reviewed his letter regardin9 his position
and opposition to total non-assignment of any build-out schedule. Council
noted same was received. He further explained his request.
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Mr. Don Birdsley, Ruth & Going, re: RD 81-12 and 81-13, requested
Council to consider their applicaitons in the 1982 Build-out Schedule.
Mr. Ron Cheek, Vice President of Barnett-Range Corp., re: RD 81-7.
He further explained their application and progress of their present project.
Mr. Lou Tersini, re: RD 81-12 and RD 81-13 requesting reconsidera-
tion to include a build-out for their projects in 1982, specifically 50
units for Citation Homes, to have a viable project.
Mr. Hy Miller, 7951 Wren Avenue, re: RD 81-5 noting agreement with
the Planning Commission's recommendation.
Mr. Philip Ladd, Architect & Planner, representinq RD 81-6 (Thomas
King) noting his presence to answer any questions.
Mr. Ted Duerr, re: RD 81-3 (Tom Kawano) requesting reconsideration
of their position in the rating scale as recommended by the Planning
Commission.
Mr. Rod Kelly, Superintendent of Schools, representino the Board
of Trustees~ requesting consideration of Ringle~Arita (Solis Ranch
Development) .
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The Mayor asked if there was anyone further in the audience wishing
to speak on the RDO applications. There was no comment from anyone in
the audience.
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Motion was made by Councilman Link seconded by Councilman Cunningham
and carried that the Public Hearing be closed.
Discussion was had by Council on the proposed RDO Build-Out Assign-
ments recommneded by Staff and the Planning Commission.
Motion was made by Councilman Link seconded by Councilman Cunning-
ham and carried that RD 81-8 Arcadia be ranked No. 19 in the build-out
schedule. Council Members Albert, Hughan and Pate voted IInoll on the motion.
Motion was made by Councilman Link seconded by Councilman Cunningham
and carried that RD 81-3 (Kawano) be ranked No. 11 with a total of 22
units in 1982.
Motion was made by Councilman Pate seconded by Councilman Cunning-
ham and carried that RD 81-1 (Solis Rancho) build-out for 1982 be 35 units.
Note: (Additional motion added eight (8) units to RD 81-1, changing total
to 43.) (See below.)
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Motion was made by Councilman Link seconded by Councilman Taylor
and carried that RD 81-17 (Harrison) buildout for 1982 be 12 units.
Motion was made by Councilman Link seconded by Councilman Cunningham
and carried that RD 81-5 (Mondovi)-Bert Mantelli buildout for 1982 be
14 units.
Motion was made by Councilman Link seconded by Councilman Taylor
and withdrawn to add 28 units to RD 81-11 (Schaal) in 1982, to add 29
units in 1983 and to add 33 units in 1984.
Motion was made by Councilwoman Hughan seconded by Councilman Cunning-
ham and carried that RD 81-14 (Benassi-Johnson) buildout for 1982 be 44
units. Councilman Link voted IInoll on the motion.
4628
Res. #81-82
Recess
Res. #81-83 re:
~ied-Fly
Spraying
Schedule
Motion was made by Councilman Cunningham and died for lack of
a second to add 14 units to Solis Rancho, RD 81-1.
Motion was made by Council~an Pate seconded by Councilwoman
Hughan and carried that RD 81-1 (Solis Rancho) be added 8 units
changing the 1982 total to 43; that RD 81-11 (Schaal) be added 10
units changing the 1982 total to 35 units.
Planning Director Dorn clarified the Buildout Schedule for those
projects having multi-year schedules: RD 81-17, 12 units for 1982 and
no buildout assignment for future years; RD 81-1, consult with developer
to suggest deducting 18 units from 1983 and 1984 equally.
Council clarified: RD 81-17 (Harrison) no assignment for 198~
and 1984. Note: (AdditionaZ motion added assignment for said years.)
(See beZow). RD 81-3 (KavJano) no assignment for 1983 and 1984; RD
81-7 (Barnett-Range) no assignment 1983 and 1984; RD 81-11 (Schaal)
25 units in 1983 and 25 units in 1984; RD 81-1 (Solis Rancho) 15 units
in 1983 and 15 units in 1984; RD 81-5 (Mondovi) B. Mantelli - 24 units
in 1983 and 24 units in 1984.
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Motion was made by Councilwoman Hughan seconded by Councilman
Cunningham and carried that RD 81-17 (harrison) buildout schedule for
1982 be 12 units; 13 units in 1983, and 13 units in 1984.
Motion was made by Councilman Link seconded by Councilman Cun-
ningham that the reading of Resolution No. 81-82 be waived and that
it be adopted approving the 1982, 1983 and 1984 buildout schedule
assignment as recommended by the Planning Commission with the changes
as outlined by Council.
RESOLUTION NO. 81-82
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING A BUILD-
OUT SCHEDULE FOR 1982, 1983, AND 1984 UNDER THE RESIDENTIAL DEVELOP-
MENT ORDINANCE.!IIIlIl
PASSED AND ADOPTED this 21st day of September, 1981, by the following j
vote: .......
AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE,
TAYLOR and GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
At 9:54 p.m., the Mayor declared a recess and reconvened the
meeting at 10:03 p.m.
The Mayor noted a report from the City Administrator in regard
to request to endorse the Gilroy Unified School District1s efforts in
attempting to reschedule the spraying for the tied-Fly in South County.
Motion was made by Councilman Pate seconded by Councilwoman
Hughan that the reading of Resolution No. 81-83 be waived and that it
be adopted endorsing the School District's efforts to urge rescheduling
of the Med-Fly program in South County, specifically, at night or on
weekends.
RESOLUTION NO. 81-83
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ENDORSING THE
GILROY UNIFIED SCHOOL DISTRICT1S REQUEST REGARDING MED-FLY SPRAY :]...
SCHEDULE IN SOUTH SANTA CLARA COUNTY. .
PASSED AND ADOPTED this 21st day of September, 1981, by the following
vote:
AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE,
TAYLOR and GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
Garlic Festival A request of the Gilroy Garlic Festival Committee was noted for
use of Christmas Hill Park for their 1982 proposed festival. Discussion
was had by Council on the matter.
D.B. Consier re:
Hot Dog Wagon
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Pl an. Com.
Report
9/17/81
Personnel Com.
9/14/81
Res. #81-84
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~ P & R Com.
Minutes
9115/81
4629
Motion was made by Councilwoman Hughan seconded by Councilman
Cunningham and carried that the request be approved in principal con-
ditioned upon final Council approval of plans and policies for crowd
control.
City Administrator Protempore Reinsch presented a letter from Doris
G. Consier, accompanied by a petition signed by local merchants, requesting
permission to locate a hot dog wagon in the parking lot next to J. C.
Penney. s.
Mr. Bob Voorhees, local business ooerator, addressed the Council
and objected to same, specifically, due to the loitering problems experi-
enced at said location.
Discussion was had by Council on the matter.
Motion was made by Councilman Pate seconded by Councilman Cunningham
and carried that the request of Dors G. Consier, in regard to a hot dog
wagon, be denied.
A request from the Santa Clara County Manufacturing Group was
noted requesting support in Operation Rideshare scheduled for October.
Council agreed that the Mayor issue a proclamation in support of same.
The following informational items were noted with no separate dis-
cussion on same:
Arnold J. Wenneberg,Retired Senior Custodian, in appreciation of
recognition of same;
ABAG in re: to Election of Officers; and
League of California Cities Legislative Bulletin dated September 4,
1981.
The Report of the Planning Commission Meeting of September 17, 1981,
was noted.
The Report of the Personnel Commission Meeting of September 14,
1981, was noted.
Personnel Director Booth explained the recommendation for establish-
ment of a policy and complaint procedure on sexual harassment.
Motion was made by Councilwoman Hughan seconded by Councilwoman
Albert that the reading of Resolution No. 81-84 be waived and that it be
adopted establishing a policy and complaint procedure on sexual harassment.
RESOLUTION NO. 81-84
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING AS AN AMENDMENT
TO THE PERSONNEL RULES AND REGULATIONS A POLICY ON SEXUAL HARASSMENT AND
A COMPLAINT PROCEDURE.
PASSED AND ADOPTED this 21st day of September, 1981, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR
and GOODRI CH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
The Minutes of the Parks and Recreation Commission Meeting of
September 15, 1981 were noted.
Council tabled action on the recommendation to amend Section 18.6
of the City Code controlling intoxicating liquors in City parks to await
an additional recommendation of same from the Police Chief.
The Minutes of the Senior Citizens' Advisory Council tieeting of
August 1981 were noted.
4630
HCD App. &
Agreement
Res. #81-85
Ord. Standar-
dizing address
numbering
Rehab. Loan
City Emp.
Res. #81-86
re: Nheeler
Aud.Conv.
Proj.
It was noted that the Report on Hi-Ranger repairs was pre-
viously discussed earlier under budget amendment items.
City Administrator Protempore Reinsch presented a report on
H.C.D. application in regard to allocations.
A memo outlining changes in the new agreement was noted.
Moti on was made by Council man Pate seconded by Council man
Link that the reading of Resolution No. 81-85 be waived and that it
be adopted authorizing execution of the new agreement as presented.
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RESOLUTION NO. 81-85
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ACKNOl~LEDGING
EXECUT10N OF JOINT EXERCISE OF POWERS AGREEMENT AND COOPERATION AGREE-
MENT PURSUANT TO TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT
OF 1974 ,AS AMENDED.
PASSED AND ADOPTED this 21st day of Seotember, 1981, by the following
vote:
AYES:
COUNCIL MEMBERS:
NOES:
ABSENT:
COUNCI L ME~1BERS:
COUNCIL MEMBERS:
ALBERT, CUNNINGHAM, HUGHAN,
TAYLOR and GOODRICH
NONE
NONE
LI N K , PATE,
Copies of the new agreement were noted.
It was noted that the Police Chief's additional memo in regard
to striping police units was discussed earlier under the budget trans-
fer request.
A report recommending adoption of an ordinance standardizing
address numering for multi-complex buildings was noted and further
explained by Fire Chief Brittain.
Discussion was had by Council on the matter. Motion was made
by Councilman Pate seconded by Councilman Link and carried that the
matter be referred to the City Attorney for a recommendation On same.
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A report on a rehabilitation loan to a City Employee was noted.
Motion was made by Councilman Link seconded by Councilman Cunningham
and carried that the rehabilitation loan to a City Employee be approved
as recommended.
& 81-87 A report recommending adoption of required resolutions author-
lZlng filing of an application for grant funds for Wheeler Auditorium
Rehabilitation Project was noted.
Motion was made by Councilwoman Hughan seconded by Council-
woman Albert that the reading of Resolution No. 81-86 be waived and
that it be adopted.
RESOLUTION NO. 81-86
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING THE
APPLI CATION FOR 1980 STATE GRANT t~ONEYS - PROJECT - !'JHEELER AUDITOR-
IUM CONVERSION.
PASSED AND ADOPTED this 21st day of September, 1981, by the fOllowing
vote : ~
AYES: COUNCIL ME~1BERS : ALBERT, CUNNINGHAM, HUGHAN, PATE and Ii
GOO DR I CH '....J
NOES: COUNCIL MEMBERS: LINK and TAYLOR
ABSENT: COUNCIL MEMBERS: NONE
Motion was made by Councilwoman Hughan seconded by Councilwoman
Albert that the reading of Resolution No. 81-87 be waived and that it
be adopted.
RESOLUTION NO. 81-87
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING THE
APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN-SPACE
AND RECREATION PROGRAti FOR WHEELER AUDITORIUM CONVERSION.
Sewer Treat.
Facility
His to ri c
".... Heri tage
Committee
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So. Vall ey
Symphony
Month
Amtrak Train
Schedul e
4631'
PASSED AND ADOPTED this 21st day of September, 1981, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, PATE and GOODRICH
NOES: COUNCIL MEMBERS: LINK and TAYLOR
ABSENT: COUNCIL MEMBERS: NONE
City Administrator Protempore Reinsch reported that City Adminis-
trator Wood requested tabling the Rerort on Amendment No.3, to Geohydro-
logical Study Agreement re: Sewer Treatment Facility.
The Mayor recommended and appointed Al Gagliardi as a member of
the Historic Heritage Committee for the unexpired term (3-17-82) of Muriel
Brem.
Councilwoman Hughan requested a proclamation for South Valley
Symphony Month - October 1981. The Mayor proclaimed same.
The Mayor noted receipt of a letter from a resident of Glendale
urging approval of stopping of the Amtrak train in Gilroy at 5:00 a.m.
Councilwoman Hughan stated that if the schedule for stoppinq in Gilroy
is approved that she will serve coffee and donuts the first morning that
said train stops in Gilroy.
Dwatering Wells- Director of Public Works-City Engineer Hansen presented a recom-
Ind. Sewer Pl. mendation to amend the budget and award a contract to Maggiora Bros.
Drilling, Inc., for the installation of two (2) dewatering wells at the
Industrial Wastewater Treatment Plant.
,.......
Motion was made by Councilman Cunningham seconded by Councilman
Taylor and carried that the contract be awarded Maggiora Bros. Drilling,
Inc., for the installation of two (2) dewatering wells at the Industrial
Wastewater Treatment Plant as recommended and that the budget be amended
to allow for same.
Interim Drainage Councilwoman Hughan inquired of plans for the proposed Interim
Project Drainage proposal.
Director of Public Works-City Engineer Hansen reported that the
information submitted by W. J. Hanna & Son was a progress report and
Council will have the opportunity to review the plans when completed.
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Weed Abatement Fire Chief Brittain reported that bids have been advertised for
the 1982 Weed and Refuse Abatement Contract.
Adjournment At 10:45 p.m., the Mayor adjourned the meeting.
Respectfully submitted,
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4'632
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