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
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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
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--
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.
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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.
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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.
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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.
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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.
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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