Minutes 1981/05/04
Roll Call
Consent
Calendar
Minutes
Rev. Sharing
Funds
Ord. #81-15 re:
Rezoning-J.
Scherrer
Ord. #81-16
Rezoning-T.
Berry
4565
May 4, 1981
Gilroy, California
The Regular Council Meetllng of the Gilroy City Council was called
to order by His Honor Mayor Norman B. Goodrich at 8:00 p.m.
Present: Council Members: Sharon Albert, Brian D. Cunningham,
Roberta H. Hughan, Marion T. Link, John E. Pate, Robert E. Tay10r'and
Norman B. Goodrich.
The Mayor noted that Mr. Gaird Schlesinger, local citizen, would
not be present to receive his Certificate of Commendation.
Motion was made by Councilman Link seconded by Councilman Pate
that the following items under the Consent Calendar be adopted by the
following Roll Call Vote: (excluding Item II.E. Ordinance amending the
PERS Contract) Ayes: Council Members: Albert, Cunningham, Hughan, Link,
Pate, Taylor and Goodrich.
Approved the Minutes of the Regular Council Meeting of April 20,
1981;
Approved the Minutes of the City Administrator's Public Hearing
re: 1981-82 Revenue Sharing Funds;
Adopted Ordinance No. 81-15 rezoning 1.553 acres from M2 (General
Industrial) to CM (Commercial/Industrial) District located at the south-
west corner of Leaves1ey Road and Swanston Lane, John Scherrer, applicant.
ORDINANCE NO. 81-15
ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID
CITY BE REZONING A 1.553 ACRE PARCEL ON THE SOUTHWEST CORNER OF LEAVESLEY
ROAD AND SWANSTON LANE FROM M2 (GENERAL INDUSTRIAL) DISTRICT TO CM
(COMMERCIAL/INDUSTRIAL) DISTRICT.
PASSED AND ADOPTED this 4th day of May, 1981, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR
and GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
Adopted Ordinance No. 81-16 rezoning from C1 (Neighborhood Com-
mercial) to HC (Highway Commercial) District on 7.5 acres; from C1
(Neighborhood Commercial) to M2 (General Industrial) District on 1.0
acre; and from M2 (General Industrial) to HC (Highway Commercial) District
on 1.6 acres (10.1 acres total), Trevis Berry, applicant.
ORDINANCE NO. 81-16
ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID
CITY BY REZONING A 7.5 ACRE PARCEL FROM C1 (NEIGHBORHOOD COMMERCIAL)
DISTRICT TO HC (HIGHWAY COMMERCIAL) DISTRICT~ A 1.0 ACRE PARCEL FROM
C1 (NEIGHBORHOOD COMMERCIAL) DISTRICT TO M2 (GENERAL INDUSTRIAL) DISTRICT,
AND A 1.6 ACRE PARCEL FROM M2 (GENERAL INDUSTRIAL) DISTRICT TO HC (HIGH-
WAY COMMERCIAL) DISTRICT, 10.1 ACRES TOTAL, ON THE SOUTH SIDE OF HIGHWAY
152 AT BREM LANE.
PASSED AND ADOPTED this 4th day of May, 1981, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE,
TAYLOR AND GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE; and
4566
Tract #6857-
Buttercup
Condos.
Bids re:
Equipment
OPL's re:
Uvas Pk. Dr.
Approved a Tract Map for Tract No. 6857 IIButtercup-Condo-
mini urns" as recommended.
City Administrator Wood presented a report of bids received
for an Engine Performance Analyzer recommending award of same to
Sun Electric Corp. in the amount of $8,762.81.
Motion was made by Councilman Link seconded by Councilman
Cunningham and carried that the bid of Sun Electric Corp. for an
Engine Performance Analyzer be awarded as recommended in the amount
of $8,762.82.
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The Mayor stated that it was the time and place scheduled for
a Public Hearing to consider adoption of Official Plan Lines for
Uvas Park Drive on property located on the north side of Uvas Creek
between Laurel Drive and Santa Teresa Boulevard.
Councilwoman Hughan declared herself absent during the dis-
cussion and action due to an interest in the subject property.
Planning Director Dorn presented and explained the Staff
Report.
The Mayor asked if there was anyone present in the audience
wishing to speak for or against the proposal.
The fo 11 owi ng persons addressed the Counci 1: ~1r. George
Lawton, 7509 Kentwood Court, representing his neighborhood, objected
to Uvas Park Drive designation as a major traffic carrier.
Mrs. Joan Harrison opposed to Uvas Park Drive connecting into
Santa Teresa Boulevard.
Mr. Steve Tyson, 7584 Laurel Drive, opposed Uvas Park Drive
connecting into Santa Teresa Boulevard and the traffic that it would
generate.
r"1fI;
Mr. Bill Perkins, 1260 Hersman Drive, objected to Uvas Park
Drive traffic since children would be playing in Uvas Creek and would
need to cross Uvas Park Drive.
...
Mr. S. Benassi, representing the Benassi property, objected to
the four (4) acres of their property being wasted if Uvas Park Drive
route to Santa Teresa Boulevard is approved. He further noted that
their Architect would prepare plans for their property development
to conform to whatever route the City selects.
The Mayor asked if there was anyone further in the audience
wishing to speak on the matter.
Mr. Bob Hoefler, 7500 Laurel Drive, addressed the Council and
objected to Uvas Park Drive connecting into Santa Teresa Boue1vard.
Mr. Jim Hitchner, 1380 Third Street, inquired which map the
plan lines are proposed for, noting that he was unable to see same
from the audience.
Motion was made by Councilman Pate seconded by Councilman
Cunningham and carried that the Public Hearing be closed.
Discussion was had by Council on the matter.
pf "l'Ir;
Motion was made by Councilman Taylor seconded by Councilman
Link to refer the matter back to the Planning Department for further
study and extending Third Street as the major carrier over to Santa
Teresa Boulevard and not connecting Uvas Parkway to Santa Teresa
Boue1vard; and some way making a connection to Uvas Parkway from
Third Street, Wren Avenue, Laurel Drive to keep traffic on First Street
and Santa Teresa Boulevard from utilizing Uvas Parkway as a main
carrier. The motion was not voted upon by Council. Discussion was
had on the motion.
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A/S 81-8
M. Castle
4th of July
Fireworks
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,
4567
Motion was restated by Councilman Taylor seconded by Councilman
Link and carried by the following RollCall Vote to not approve the
Official Plan Lines as presented: Ayes: Council Members: Albert,
Cunningham, Link, Pate, Taylor and Goodrich. Absent: Council Member:
Hughan.
Motion was made by Councilman Cunningham seconded by Councilman
Pate and carried by the following Roll Call Vote that any new plan lines
for the subject area not show Uvas Park Drive connecting into Santa
Teresa Boulevard: Ayes: Council Members: Albert, Cunningham, Pate
and Goodrich. Noes: Council Members: Link and Taylor. Absent: Council
Member: Hughan.
Councilwoman Hughan noted that the County of Santa Clara has
scheduled a Public Hearing on May 14, 1981, re: condemnation of some
of these properties including the City Park property and suggests that
their hearing be continued until the City determines where the streets
in this area will be located which would change the size of said park.
City Administrator Wood noted that he would notify the County of same.
Planning Director Dorn addressed the Council to present a revised
Staff Report re: A/S 81-8 for 16 single family detached and attached
units at 8660 and 8670 Murray Avenue, between Burke Drive and Gavi1an
Court, M. Castle, applicant.
Motion was made by Councilman Pate seconded by Councilman Link
and carried that same be continued and presented to Council at their
May 18, 1981, regular meeting in order to have the applicant present.
Parks and Recreation Director Ayer presented a check from the
local Chamber of Commerce in the amount of $1,100.00 and a check from
the Garlic Festival Committee in the amount of $1,100.00 for a $2,200.00
proposed 4th of July Fireworks display.
Xmas Hill P1aque- Parks and Recreation Director Ayer noted a proposal of E. C1ampus
J. Gilroy Vitus organization requesting permission to install a plaque at Christmas
Hill Park in memory of John Cameron Gilroy.
Mr. Lq6is Bonesio addressed the Council and further explained the
proposal.
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D.Ga1braith
Variance
Appeal
.'~7+''>.
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Election
Process
GPOA re:
Legislation
Councilwoman Hughan objected to some of the wording proposed
for the plaque and suggested the following changes: Foreign settler
to IINon-Spanish sett1erll; remove IIdespite his native reputationll;
add after IIhe fled to the Santa Clara Valleyll, IImarrying Maria Ortega
andll settling on Rancho San Ysidro.1I
Motion was made by Councilman Pate seconded by Councilman Link
and carried that installation of the proposed plaque with the amended
wording be approved for Christmas Hill Park and thanked E. C1ampus Vitus
for this contribution.
City Administrator Wood presented an appeal from D. Galbraith
on the decision of the Planning Commission denying a variance request
on Taryn Lane, recommending setting a Public Hearing date of May 18, 1981.
The City Attorney noted that since new plans are proposed for
the requested variance, that same should be referred back to the Planning
Corrrnission.
A request of the Town of Los Gatos for a resolution calling for
reforms in the present election process was noted and Council took no
action on same.
A request of the Gilroy Police Officers' Association Inc. was
noted requesting support on several legislative bills. Council noted
that any individual Council person wishing to support any particular
bill could do so through his legislative representative.
4568
s.c. Co. Housing A request of the Santa Clara County Housing Authority in
Auth. Proj. regard to waiver of School Impact Fees for their Third Street and
3rd & Wren Wren Avenue Senior Citizen Project was noted.
Sewer Treat.
Plant
P & R Com.
4/21/81
Lib. & Cult.
Com. 4/7/81
Monthly
Reports
Disbursements
1981-86 Capi ta 1
Imp. Program
State Subvention
Fund
Interim Growth-
Ind. Growth
Manage. Ord.
Mr. John Burns, Director, addressed the Council further
explaining said request.
Discussion was had by Council on the matter.
Motion was made by Councilwoman Hughan seconded by Councilman
Pate and carried that the City not respond to said reques~ that the
School<wouldhave the final decision on s.ame. Council Members: Cun-
ningham, Link and Taylor voted "noli on the motion. '
City Administrator Wood presented a Report on Inspection and
Start-Up Services Agreemen~for the Sewer Treatment Plant.
Motion was made by Councilman Link seconded by Councilman
Cunningham and carried that the Inspection Agreement for the Sewer
Treatment Plant be approved as presented.
Motion was made by Councilman Link seconded by Councilman
Cunningham and carried that the Start-Up Services Agreement for the
Sewer Treatment Plant be approved as presented.
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The Minutes of the Parks and Recreation Commission Meeting
of April 21, 1981, were noted.
The Minutes of the Senior Citizens' Advisory Council Meeting
of March 17, 1981, were noted.
The Minutes of the Library and Culture Commission ~1eeting of
April 7, 1981, were noted.
The Summary of Monthly Reports of March 1981 was noted.
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The Report of Disbursements from April 1, 1981, through
April 30, 1981, was noted and discussed.
City Administrator Wood presented the 1981-86 Capital Improve-
ments Program with the Planning Commission and Council requested
changes. Motion was made by Councilman Pate seconded by Councilman
Cunningham and carried that the 1981-86 Capital Improvements Program
as amended by the Planning Commission and Council be approved as
presented. It was noted that same would be retyped with the amended
changes.
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Motion was made by Councilman Pate seconded by Councilwoman
Hughan and carried that a State Subvention Fund be established to
be used for Capital Improvements such as street maintenance and con-
struction, street lighting, and police building improvements as
presented.
Planning Director Dorn presented an interim report from the
Planning Department on the Industrial Growth Management Ordinance.
Discussion was had by Council on same.
Councilman Link recommended that the proposed ordinance in- ~
c1ude a clause that would allow the City Council to change the number I I
of ,Industrial Development numerical limits in any given year such ..,
as the similar clause in the Residential Development Ordinance.
Councilman Link also recommended that the factor for establish-
ment of limits not be specifically stated in the ordinance; that
same be decided upon at the time a specific industry applies.
Discussion was had in regard to relating the number of proposed
jobs that a specific industry would generate to establish the numerical
limits of same. Council indicated that any numerical limits in regard
to jobs should also be flexible in the event that a specific industry
wished to increase their proposed number.
4569
Council further indicated that numerical limits be established
by employment levels rather than sewage generation, since sewage genera-
tion would be a part of the normal development agreement and monitored
in any event.
Street Banners City Administrator Wood presented a report on costs for hanging
street banners and recommended that same be referred to the Budget
Study Sessions for recommendation and in the interm, do not charge a
fee for hanging said street banners. Council agreed.
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Personnel Rules
& Regulations
City Administrator Wood presented a proposed revision of the
Personnel Rules and Regulations and recommended tabling action on same
to allow the Gilroy Police Officers' Association to discuss same with
the Counci 1.
......
So. Co. Airport City Administrator Wood noted a Preliminary Report of the South
County Airport Relocation Feasibility and recommended continuing action
to await a Supplementary Report proposed for submittal after June 27,
1981, and requested action jointly with the City of Morgan Hill sometime
in July 1981. Councilwoman Hughan noted that the Preliminary Report III
is the correct report showing the actual locations. City Administrator
Wood noted that he would attempt to obtain No. Ill's for Council.
Tract #7078- Director of Public Works-City Engineer Hansen presented an
Miller Meadows amended Development Agreement for Tract No. 7078 - Miller Meadows,
further explaining same.
(Councilman Taylor left the Council Chambers at 10:27 p.m., and
returned at 10:29 p.m.)
(Councilman Cunningham left the Council Chambers at 10:28 p.m.
and returned at 10:30 p.m.)
--
Discussion was had in regard to the amended Development Agreement
of Miller Meadows.
IiIIIIiioIIl
Motion was made by Councilman Link seconded by Councilman Cunning-
ham and carried that the amended Development Agreement and Tract Map
for Miller Meadows #7078 be approved as presented.
Tract #6663-
Barnett-
Range
Director of Public Works-City Engineer Hansen presented a
recommendation to approve a Tract Map and Development Agreement for
Tract No. 7663 (Barnett-Range) and further explained same.
Discussion was had by Council on the matter.
Motion was made by Councilwoman Hughan seconded by Councilman
Cunningham and carried that the Final Tract Map and Development Agree-
ment for Tract 6663 (Barnett-Range) be approved as presented with a
change in the design that no lots would open on Monterey Road.
Res. #81-45
Motion was made by Councilwoman Hughan seconded by Councilman
Taylor that the reading of Resolution No. 81-45 be waived and that it
be adopted confirming that no local funds would be provided for the
proposed bridge in the Barnett-Range project.
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RESOLUTION NO. 81-45
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY RE: NON-PARTICIPATION
OF CITY FUNDS IN THE CONSTRUCTION OF ANY BRIDGES, SERVING CARLISLE
AND CHURCH STREETS, WHICH MIGHT RESULT FROM THE DIVERSION OF DRAINAGE
WATERS ACROSS TRACT NO. 6663.
PASSED AND ADOPTED this 4th day of May, 1981, by the following vote:
AYES: COUNCI L MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR
and GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
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4570
Stop Signs
Church &
3rd Sts.
Res. #81-46
Director of Public Works-City Engineer Hansen presented a
recommendation to amend the through street status of Church Street
at Third Street.
Motion was made by Councilman Link seconded by Councilwoman
Hughan that the reading of Resolution No. 81-46 be waived and that
it be adopted authorizing installation of 4-way arterial stop signs
at Church Street where it intersects with Thomas Road.
RESOLUTION NO. 81-46
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AMENDING RESOLUTION
NO. 79-82 DESIGNATING THROUGH STREETS WITHIN THE CITY AS TO CHURCH
STREET AND ESTABLISHING AN ARTERIAL STOP ON CHURCH STREET AT ITS
INTERSECTION WITH THOMAS ROAD.
PASSED AND ADOPTED this 4th day of May, 1981, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE,
TAYLOR and GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
11
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Motion was made by Councilman Link seconded by Councilwoman
Hughan and carried that the recommendation to install stop signs on
Church Street at Third Street intersection be denied. Councilman
Cunningham voted "noll on the motion.
Sewage Treatment Councilman Link, Chairman of the Council Sewer Advisory
Plant Committee, gave an update report on the Sewage Treatment P1and and
related facilities.
Bonfante
Reservoir
Res. #81-47 re:
Jt. City /
School Study-
Kern Ave. Site
ICC Meeting
Adjournment
City Administrator Wood presented a proposed lease to be paid
for by the industries, to be operated and assigned by the City as
Agent.
Motion was made by Councilman Link seconded by Councilman
Taylor and carried that the City Administrator be authorized to act
as Agent to execute said lease on behalf of the industries as
recommended.
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Staff noted that the Bonfante Reservoir Agreement had been
previously approved by Council in concept and that the final agree-
ment had not changed in concept.
City Administrator Wood reported on the Joint School District/
Council Study Meeting and presented a proposed resolution authorizing
the City and School Staffs to work out a feasibility study of Kern
Avenue Site for a continuation high school, elementary school and
park.
Motion was made by Councilman Pate seconded by Councilwoman
Albert that the reading of Resolution No. 81-47 be waived and that
it be adopted approving same as submitted.
RESOLUTION NO. 81-47
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ENDORSING CONCEPT
FOR FEASIBILITY STUDY WITH SCHOOL DISTRICT AND COUNTY OF SANTA CLARA.
PASSED AND ADOPTED this 4th day of May, 1981, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, PATE and TAYLOR
NOES: COUNCIL MEMBERS: LINK and GOODRICH ' ~
ABSENT: COUNCIL MEMBERS: NONE ' !
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City Administrator Wood noted the Inter-City Council Meeting
scheduled for Gilroy at the Elks Club on May 14, 1981. It was reques-
ted that five (5) reservations be made for Gilroy.
At 11:17 p.m., the Mayor adjourned the meeting.
Respectfully submitted,
~"U4~ tp. ;;)~
~ City Clerk r r