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Minutes 1982/11/15 Roll Call ,...,... i ..... I nt ro. New Employee Consent Ca 1 endar Minutes Sa 1 a ry Increases Ord. #82-22 Rezoning- Woodworth - 4809 Nove~ber 15, 1982 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:02 p.m. Present: Council Members: Sharon A. Albert, Donald F. Gage, Roberta H. Hughan, Marion T. Link, Robert E. Taylor, Pete Valdez, Jr. and Norman B. Goodrich. The Mayor introduced new employee, Randy Newell, Senior Custodian. Motion was made by Councilman Link seconded by Councilman Valdez that the following items under the Consent Calendar be approved by the following Roll Call Vote: Ayes: Council Members: Albert, Gage, Hughan, Link, Taylor, Valdez and Goodrich: Approved the Minutes of the Regular Council Meeting of November 1, 1982 ; Approved the following Salary Achievement Increases for three (3) City Employees, effective December 1, 1982: Daniel Ames, Wastewater Treatment Plant Operator I, Range 28 from Step A, $1,464 to Step B, $1,537; Norman B. Chapin, Police Officer, Rante 32a from Step C, $2,191 to Step D, $2,301; and Clay Bentson, Firefighter, Ranne 31 from Step B, $1,986 to Step C, $2,085; Adopted Ordinance No. 82-22 rezoning 0.85 acres from HC (Highway Commercial) District to CM (Commercial/Industrial) District at 8985 Monterey Street, Woodworth Associates of California, Inc., applicant. ORDINANCE NO. 82-22 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING A 0.85 ACRE PARCEL LOCATED AT 8985 MONTEREY ROAD, NORTH OF LIMAN AVENUE, FROM HC (HIGHWAY COMMERCIAL) DISTRICT TO CM (COMMERCIAL/INDUSTRIAL) DISTRI CT. PASSED AND ADOPTED this 15th day of November, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE; Def. Dev. Agree. Ap~roved a Deferred Development Agreement with Thomas F. and Eva T.E.Harrison F. Harrison; Pub. Hear. re: Set December 6, 1982, as a Public Hearing date on Report and Weed Abate. Assessments on Abatement of Weeds and Refuse; Claim - Aldridge Budget Amendments Planned Parenthood Clinic - -- Leavesl ey Rd. Entrance to Gil roy Si gn Denied a Personal Injury Claim of Ann R. Aldridge; and Approved a request for Budget Amendments (0700; 0800; and 3800). Ms. Diane McGinty, Planned Parenthood Clinic plaining said opposition. said petitions. representing 1,527 petitioners in opposition to in Gilroy, addressed the Council further ex- She presented the City Clerk with copies of Ms. Kathleen Smith, member of the Board of Directors of Planned Parenthood, Santa Clara County Affiliate, and Chairman of the Planned Parenthood of Gilroy Advisory Board, addressed the Council explaining said clinic and extended an invitation to anyone interested to view the branch clinic in Gilroy. The City Attorney recommended that Council take no action on the matter. Council took no action. ~1r. E. H. Duerr, representing the BIG Committee, addressed the Coun- cil requesting approval of the Leav~sley Road entrance sign to Gilroy, noting approval of same by Cal-Trans, requesting assistance to install said sign. 4810 Vendors' vJagons Citation Homes Buil dout Schedule Res. #82-121 Motion was made by Councilwoman Hughan seconded by Councilman Gaae and carried that the design of the Leavesley Road Sign be ao- proved as presented and that said be installed as requested. The Mayor asked if there was anyone present in the audience wishing to speak on any matter not on the agenda. Mr. Herman Garcia, Jr., Garcia's Restaurant, addressed the Council opposing a permanent parking permit to Mr. George Valverde's mobile vnedor's wagons, notin~ that said business operation was not conducive to the beautification plans and funds for Monterey Street between Sixth and Tenth Streets for redevelopment and restoration in general. . .... I """'" City Administrator Wood noted a petition received from Mr. Gar- cia in opposition to the subject vendor's wagons and noted receipt of a petition in support of said wagons. He further explained that the temporary parking permit of Mr. Valverde would expire on November 17, 1982. Mr. Philip Vargo, representing the owner of the vendor's wagons, addressed the Council noting that the parking permit between the hours of 9:00 p.m. and 2:00 a.m., would not affect the beautification plans of the area; that he believes that the vendor's wagons would be a benefit to the City and would decrease crinein the area. Discussion was had by Council on the matter. r10tion was made by Council ~an Taylor seconded by Councilwoman Hughan and carri ed that a permanent parking permit not be granted Mr. Valverde for his two (2) vendors wagons temporarily located south of Sixth Street. It was noted that the vendor's wagons could continue to operate if they fol- lowed the mobile vendor's wagon ordinance and not park for a longer period than ten (10) minutes at anyone location. City Administrator Woorl presented a request of Citation Homes for reconsideration of their buildout schedule. ~ Motion was made by Councilman Link seconded by Councilman Tay- lor and carried that the matter of the Citation Ho~es buildout schedule be reconsidered. Councilwoman Albert voted "no" on the motion. - t10tion was made by Councilman Link seconded by Councilman Taylor and failed by the following Roll Call Vote to adopt a resolution granting the buildout schedule for Citation Homes as recommended by the Planning Commission, 32 units in 1983, 50 units in 1984 and 9J units in 1985: Ayes: Council Members: Link, Taylor and Goodrich. Noes: Council Members: Albert, Gaqe, Hughan and Valdez. Mr. Harry Lalor, Ruth & Going, addressed the Council and further explained the proposed buildout schedule of Citation Homes for the tbrey Avenue area giving a slide presentation for said area. Motion was made by Councilwoman Hughan (died for lack of a second) in order to encourage participation in the Interim Drainage Project, to authorize a buildout schedule to Citation Homes of 32 units in 1984 and 50 units in 1985. Mr. Lou Tersini addressed the Council noting that Citation Homes needs a commitment for apnroximately 175 units to be able to obtain sufficient financinq for said project. ..... Mati on was made by Counci l\^loman Hughan seconded by Council man Gage and failed by the following Roll Call Vote to aoprove the follow- ing buildout schedule for Citation Homes: 50 units in 1984 and 50 units in 1985: Ayes: Council r1embers: Gage, Hughan and Goodri ch. Noes: Council Members: Albert, Link, Taylor and Valdez. - Motion was made by Councilman Gage seconded by Councilwoman Hughan that the reading of Resolution No. 82-121 be waived and that it be adopted approving the followin~ buildout schedule for Citation Homes: o units in 1983; 50 units in 1984 and 93 units in 1985. Plan. Com. ...... Report I 11/4/82 .... A/S 82-33 San r1arti n Planning Area Koll Co. re: S.J. Gen. Pl an Amend. ~ Rural Fire Dept. Prop. RR Xings Management Group re: PERS ..... ... 4811 RESOLUTION NO. 82-121 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING ONE ADDITIONAL BUILDOUT SCHEDULE FOR 1983 UNDER THE RESIDENTIAL DEVELOPMENT ORDINANCE. PASSED AND ADOPTED this 15th day of November, 1982, by the following vote: AYES: COUNCI L MEMBERS: GAGE, HUI1HAN, LINK, TAYLOR, VALDEZ and GOODRI CH NOES: COUNCIL MEr1BER: ALBERT ABSENT: COUNCIL MEMBERS: NONE The Report of the Planning Commission Meeting of November 4, 1982, was noted and further explained by Planning Director Dorn. Planning Director Darn presented and explained A/S 81-33 Residential Front Yard Fence Variance at 5435 Nicole Way. Motion was made by Councilman Gage seconded by Councilman Valdez and carried that said fence variance be continued to the December 6, 1982, Regular Council Meeting in order to allow Staff to notify adjacent resi- dents and conduct a Safety Study Meeting on said ~atter. Council reviewed a County General Plan Amendment for the San Martin Planning Area further explained by Planning Director Dorn. Motion was made by Councilwoman Hughan seconded by Councilman Link and carried that a letter be forwarded to the County of Santa Clara noting the City of Gilroy is opposed to the proposed commercial and industrial development in the San Martin Planning Area until it is demonstrated that all sewer and water problems can be solved. Council requested additional information regarding Koll Company's request to amend San Jose General Plan to allow industrial uses on 541 acres of land in Coyote Valley. Planning Director Darn noted that he would provide same at the December 6, 1982, regular Council Meeting. City Administrator Wood presented a recommendation regarding the Rural Fire Department property on Church Street. Discussion was had by Council on the matter. Motion was made by Councilwoman Hughan seconded by Councilwoman Albert and carried that the City offer $150,000.00 to the County of Santa Clara for the Fural Fire Department Property on Church Street. City Administrator Wood presented a report on rubber railroad crossing pads proposed for Tenth Street and Leavesley Road crossings recommending review at the next Budget Study Session (83-84). City Administrator Wood presented a request for PERS deduction optional for the Management Group and further explained same. Motion was made by Councilman Gage seconded by Councilwoman Hughan and carried that the request for PERS deduction optional for the Management Group be approved as recommended to include the following five (5) stipula- tions recommended by the Personnel Director: 1) It would be voluntary by individual. Some may prefer the higher salary, vs. the tax break, because they are nearing retire- ment and want a higher salary base for their pension computation. 2) To keep it clean, the Police Commanders would also (if they choose) have 5% of PERS paid, but their salaries would revert to the amount before they got the 0.9% raise per grievance result. 3) Managers so choosing would acknowledge that in any future salary comparisons their salaries would be adjusted to reflect the 5%. We would also adjust to reflect similar benefits in other cities, such as Salinas which pays all individual PERS for ~anagement. 4) Managers would have the option in later years of reverting the 5% back to salary and paying their entire individual PERS contribu- t i on . 4812 Aerial Fire Unit Executi ve Session Gavilan Water Dist. Bill S.C.V.W.D. Agreement P & R Com. HCD Loans El Noa Noa Club Res. #82-122 re: Hwy 152 Fun ds 5) The new system would start with the November 30, 1982, paycheck. Retroactive increase to July would be a straight cash (salary) payment. City Administrator Wood presented and explained an additional report on the new aerial fire unit recommending Council reconsider Alternate "b" of the Fire Chief's October 25, 1982, memo, specifi- cally, to call back off-duty fire personnel to man and respond the aerial truck for the remainder of the fiscal year and discuss addi- tional personnel for the Fire Department at the next Budget Study Session (83-84). ~ Motion was made by Councilwoman Hughan seconded by Councilman Taylor and carried that Council reconsider the issue and vote on ~ Alternate "b" as recommended. Motion was made by Councilwoman Hughan seconded by Councilman Taylor and carried by the followin9 Roll Call Vote to approve Alter- nate "b" as recommended: (Prior to the vote, heard from the Manager of the ~1ilias Apartments urging Council to hire neded personnel to man the aerial fire unit) Ayes: Council Members: Hughan, Link, Taylor and Goodrich. Noes: Council Members: Albert, Gage and Valdez. Motion was made by Councilman Gage and withdrawn to allow Staff to proceed with recruitment of additional fire personnel prior to adoption of the 1983-84 Budget. The Mayor noted a scheduled Executive Session of the Council to follow the regular agenda of this meeting. Director of Public Works-City Engineer Hansen presented and explained a recommendation to waive payment of an outstanding Gavilan Water District bill in the amount of $7,619.00 noting that same would equal substantial amount of reclaimed water to the Fenton O'Connell property for disposal in 1980. ~ Motion was made by Council~an Gage seconded by Councilman Link and carried that the recom~endation as presented be approved to waive payment of Gavilan Water District's outstanding bill. - Director of Public Works-City Engineer Hansen presented an agreement with the Santa Clara Valley Water District to provide for the acquisition of lands of the Llagas Creek Improvement Project. Motion was made by Councilman Link seconded by Councilman Tay- lor and carried that the agreement with the Santa Clara Valley Water District be approved as recommended and that authorization be given for execution of same. The Mayor noted that the appointments to fill vacancies on the Parks and Recreation Commission would be tabled to the December 20, 1982, Regular Council Meeting for appointment at the same time the annual apnointments are made. The Mayor further announced that any persons wishing appointment to the various Commissions, etc. after written request, may appear at the December 6, 1982, Regular Council Meeting anrl present their quali- fications. .... Councilman Link reported that HCD has aoproved two loans to be administered by the City of Gilroy in the amounts of $47,000.00 and $85,000.00. - Discussion was had regardinq the restraining order and hearing November 23, 1982, on the dance rermit of George Godinez, et al, vs. Ci ty of Gil ray. Councilwoman Hughan presented a resolution enrlorsing further improvements to Highway 152 as top priority for federal aid pri~ary funds in the County of Santa Clara. Janet Gray Hayes - Re- tirement Adj ournment '. 4813 : Motion was made by Councilman Link seconded by Councilman Taylor that the reading of Resolution No. 82-122 be waived and that it be adopted. RESOLUTION NO. 82-122 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ENDORSING FURTHER IMPROVEMENTS TO HIGHWAY 152 AS TOP PRIORITY FOR FEDERAL AID PRIMARY FUNDS IN SANTA CLARA COUNTY. PASSED AND ADOPTED this 15th day of November, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRI CH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE The Mayor noted that photographs could be taken by Mr. John White of the Council in session at a future date. Council had no objection to same. The ~1ayor presented a notice of a Testimonial Dinner for Janet Gray Hayes December 1, 1982, at the LeBaron Hotel in San Jose, $50 per person and noted if the City wished to send recoqnition that same had to be in before December 1, 1982. Council took no action on the ~atter. At 10:11 p.m., the ~1ayor adjourned the meeting to an Executive Session. At 11:06 p.m., the ~1ayor reconvened the meeting and further adj oi ned. Respectfully submitted, szd.U4~ ~ ./ City Clerk