Loading...
Minutes 1981/06/01 4577 June 1, 1981 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. Roll Call Present: Council Members: Sharon Albert, Brian D. Cunningham, Roberta H. Hughan, Marion T. Link, John E. Pate, Robert E. Taylor, and Norman B. Goodrich. JIIIIIlII I : ! Consent W Ca 1 endar Councilman Link noted a correction of the May 18, 1981, Council Minutes, last item, to be Gavi1an Water Conservation District, rather than the Santa Clara Valley Water District. Motion was made by Councilman Link seconded by Councilman Pate that the following items under the Con- sent Calendar be adopted by the following Roll Call Vote: Ayes: Council Members: Albert, Cunningham, Hughan, Link, Pate, Taylor and Goodrich. Minutes Approved the Minutes of the Regular Council Meeting of May 18, 1981, as corrected; Pub.Hear. re: 1981-82 Budget Res. #81-55 re: Gen. Municipal Election Set June 15, 1981, as a Public Hearing date on the 1981-1982 Budget; Adopted Resolution No. 81-55 requesting the Board of Supervisors to order consolidation of the General Municipal Election with the November 3, 1981, Biennial Governing Board Member Election. ... RESOLUTION NO. 81-55 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING THE CITY CLERK TO PUBLISH NOTICE OF GENERAL ELECTION FOR MUNICIPAL OFFICERS TO BE HELD IN THE CITY OF GILROY ON NOVEMBER 3, 1981, AND REQUESTING THE SANTA CLARA COUNTY BOARD OF SUPERVISORS IN CONJUNCTION WITH THE SUPER- INTENDENT OF SCHOOLS TO PROVIDE FOR THE CONSOLIDATION OF THE GENERAL MUNICIPAL ELECTION WITH THE BIENNIAL GOVERNING BOARD MEMBER ELECTION TO BE HELD IN GILROY UNIFIED SCHOOL DISTRICT, GAVILAN JOINT COMMUNITY COLLEGE DISTRICT AND COUNTY BOARD OF EDUCATION, TRUSTEE AREA, TO BE HELD ON NOVEMBER 3, 1981. PASSED AND ADOPTED this 1st day of June, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE; .- C1aim-M.Jackson,Jr. Denied a Damage Claim of Mr. M. Jackson, Jr.; Uvas Bikeway Accepted Uvas Bikeway Improvements as recommended; Improvements Handicap Ramps Accepted Improvements for the Handicap Ramps - Phase II as recommended; Tr. #7136-Foothi11 Approved Tract No. 7136, Foothill Townhouse Condominiums as Townhouse recommended; Condos Res. #81-56 re: Adopted Resolution No. 85-56 approving street name of Dawn Way Dawn Way for a currently unnamed road off of Mesa Road. .... ... RESOLUTION NO. 81-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY NAMING DAWN WAY LOCATED OFF OF MESA ROAD. PASSED AND ADOPTED this 1st day of June, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE 4578 Def. Dev. Agree. Approved a Deferred Development Agreement for Rancho Real Rancho Real as recommended. The Mayor declared a moment of silence in memory of Sydney S. Johnson, retired City Attorney. Bids re:Aspha1t City Administrator Wood presented a Report and recommendation Paving-Xmas to award the bid of Granite Construction Company in the amount of Hill Pk. & $22,015.80 for the asphalt paving of the new parking lot at Christ- Las Animas Pk. mas Hill Park and pathway repairs at Las Animas Park. Motion was made by Councilman Link seconded by Councilman Cun- ningham and carried that the Asphalt Paving Bid be awarded Granite Construction Co. in the amount of $22,015.80 as recommended. r1 ...... Obata Ind. Park Bids The Mayor noted the report on bids received for Obata Indus- trial Park Assessment District to be discussed under Item IV.3.p., Public Hearing on said proposed assessment district. Pub.Hear.re: Pre-& Rezon- ing-Filice Est. & Hanna, eta 1 The Mayor stated that it was the time and place scheduled for a Public Hearing on a request for prezoning to RH (Hillside) District and R1 PUD (Single-Family) Planned Unit Development District and to rezone from R1 to RH property located on the south side of Mante11i Drive, west of Morey Avenue, and on the north side of Hecker Pass Highway, west of Morey Avenue on approximately 77.58 acres, Filice Estate Vineyards, Hanna, et a1, applicants. Planning Director Dorn presented and explained the Staff Report. . The Mayor asked if there was anyone present in the audience wishing to speak on the proposal. ' Mr. Tim Filice, representing the applicant, addressed the Coun- ci 1 noti ng hi s presence to answer any questions regardi ng sai d pre- ~ and rezoning requests. - Mr. Michael Jones, student of Gilroy High School, addressed the Council and inquired of the location of said property proposed to be pre- and rezoned. The Mayor asked if there was anyone further in the audience wishing to speak on the ~atter. There was no comment from anyone in the audience. Motion was made by Councilwoman Hughan seconded by Councilman Cunningham and carried that the Public Hearing be closed. Discussion was had by Council on the matter. Council desired to inquire about the drainage plans for the property from the project engineer. On recommendation of the City Attorney, motion was made by Councilman Taylor seconded by Councilman Cunningham and carried that the Public Hearing be reopened. Mr. Arnold Brunetti, representing W. J. Hanna & Son, addressep the Council and explained the drainage plans for said property. Councilwoman Hughan suggested that a mitigation measure be added to the eight (8) recommended by the Planning Commission, speci- fically, that development of the project be subject to approval of n an adopted Interim Drainage Plan. Councilwoman Hughan also suggested ,.. adding an additional mitigation measure, single site approval, be -- required to meet certain specified criteria at the final map stage. Further discussion was had by Council on the matter. Motion was made by Councilman Cunningham seconded by Councilman Link and carried that the Public Hearing be closed. ~ ,..." I I ! ; -- Intro. Ord. Zoning & Re- zoning Filice Est. Vyds, & Hanna, et a1 Pub.Hear. re: Rezoning- D. DeBell .... I ..... . Cont'd Pub.Hear. re:Obata Ind. Pk.Assess. Dist. rj ..... 4579 Motion was made by Councilman Pate seconded by Councilwoman Hughan and carried by the fOllowing Roll Call Vote that a mitigation measure be added to the Negative Declaration as a condition which would require the PUD application to demonstrate that there is a buildable site on each lot to conform to the Hillside Guidelines: Ayes: Council Members: Albert, Hughan, Pate and Goodrich. Noes: Council Members: Cunningham, Link and Taylor. Motion was made by Councilwoman Hughan seconded by Councilwoman Albert and carried by the following Roll Call Vote that a mitigation measure be added to the Negative Declaration that development of the project be subject to conformance with an adopted Interim Drainage Plan. Ayes: Council Members: Albert, Hughan, Pate and Goodrich. Noes; Council Members: Cunningham, Link and Taylor. Pre- Motion was made by Councilman Link seconded by Councilman Pate and carried that the reading of the proposed ordinance prezoning and rezoning said properties be waived and that it be introduced and published by title and summary. The Mayor stated that it was the time and place scheduled for a Public Hearing on a request for rezoning from M2 (General Industrial) District to CM (Commercial/Industrial) District located at 8505 Church Street, north of We1burn Avenue, Dennis L. DeBell, applicant. Councilwoman Hughan declared herself absent during the discussion and action on same due to an interest in said property. Planning Director Dorn presented and explained the Staff Report. The Mayor asked if there was anyone present in the audience wish- ing to speak for or against the proposed rezoning. There was no comment from anyone in the audience. Motion was made by Councilman Link seconded by Councilman Cunning- ham and carried that the Public Hearing be closed. Motion was made by Councilman Link seconded by Councilman Cunning- ham and carried that the reading of a proposed ordinance rezoning said property be waived, that it be introduced and published by title and summary. The Mayor stated that it was the time and place scheduled for the continued Public Hearing on the proposed Obata Industrial Park Assess- ment District re: Engineer's Report prepared pursuant to the Gilroy City Code and Resolution of Intention No. 80-104. Mr. William K. Henry, Project Engineer, addressed the Council and submitted the Engineer's Report and evidence relating to the method of spread of assessment in accordance with benefits. The City Clerk reported that no written protests were received. The City Clerk reported on posting, publishing and mailing of all notices as required by the Gilroy City Code. The Mayor asked if there was anyone present desiring to be heard and there was no one present wishing to speak. Motion was made by Councilman Cunningham seconded by Councilman Taylor and carried that the Public Hearing be closed. Mr. Philip D. Assaf, attorney, recommended that Council continue the Public Hearing to later this meeting in regard to the California Environmental Quality Act and reference of same to the project. Motion was made by Councilman Link seconded by Councilman Taylor and carried that continuation of proposed actions by Council in regard to the Public Hearing be approved for later this meeting. 4580 Youth Science The Mayor asked if there was anyone in the audience wishing Institute to speak on any matter not on the agenda. Mr. David Johnston, addressed the Council regarding the Youth Science Institute request which had been referred to the Parks and Recreation Department. Mr. Johnston noted that the Youth Science Institute has requested $1,500.00 from each of the municipalities in the County. The Mayor noted that Council would consider same following a recommendation by the Parks and Recreation Department. The Mayor asked if there was anyone further in the audience wishing to speak on any matter not on the agenda. There was no comment from anyone in the audience. n 1..1I Co. Planning A letter from Friends of Santa Clara Valley was noted urging support to retain the County Planning Staff. Council took no action on same. L1agas Creek Watershed Project City Administrator Wood noted the L1agas Creek Watershed Public Workshop No.2 and recommended adoption of a resolution endorsing said project recommending construction begin at the lower end and completed in Gilroy prior to further extension to the north; to be submitted at the Workshop. Res. #81-57 t1otion was made by Councilman Link seconded by Councilman Taylor that the reading of Resolution No. 81-57 be waived and that it be adopted as recommended. RESOLUTION NO. 81-57 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY URGING SUPPORT OF THE LLAGAS CREEK WATERSHED PROJECT AND METHOD OF CONSTRUCTION. PASSED AND ADOPTED this 1st day of June, 1981, by the following vote: - AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE r-, . I ....... League Bulletin The League of California Cities Legislative Bulletin, dated May 22, 1981, was noted with no separate discussion on same. Cont'd Pub.Hear. The Mayor noted that Staff was prepared to continue discussion re: Obata Ind. and action in regard to the proposed Obata Industrial Park Assessment Pk. Assess. District. Dist. Director of Public Works-City Engineer Hansen noted that sites within the development of the project would be required to complete an EIR for each site. He further reported on bids received for said project recommending eventual award of same to Samuel Spencer in the amount of $1,153,111.30 for the Base Bid plus Alternate B recommending postponement of same to await a required easement not received to date. Director of Public Works-City Engineer Hansen presented and explained a proposed Development Agreement for the Obata Property and presented and explained a revision of same. Mr. Philip D. Assaf, Bond Attorney, addressed the Council and recommended that if the easement is not obtained, condemnation pro- ceedings could be filed. Discussion was had on tte matter. Mr. William K. Henry, Project Engineer, addressed the Council and requested that proposed Assessment No. 17A (Rossi property) be granted a fifteen (15) year payment schedule on the underground utili- ties since said property is presently under the \~i11iamson Act. Mr. Philip D. Assaf, Bond Attorney, presented and explained the following resolutions: n ...... 4581 Res. #81-58 thru Resolution No. 81-58, A Resolution overruling protests on #81-62 Resolution of Intention No. 80-104, was read. On motion of Councilmember Link, seconded by Counci1member Cunningham and unanimously carried, said resolution was adopted. I""".'.' ., RESOLUTION NO. 81-58 A RESOLUTION OVERRULING PROTESTS ON RESOLUTION OF INTENTION NO. 80-104 - OBATA INDUSTRIAL PARK ASSESSMENT DISTRICT. PASSED AND ADOPTED this 1st day of June, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE "'''''''',1'' Resolution No. 81-59, A Resolution and order ~dopting ~ngineer's report, confirming the assessment and ordering the work and acquisitions, was read. On motion of Counci1member Link, seconded by Counci1member Cunningham and' unanimously carried, said Resolution was adopted. RESOLUTION NO. 81-59 A RESOLUTION AND ORDER ADOPTING ENGINEERIS REPORT, CONFIRMING THE ASSESS- MENT AND ORDERING THE WORK AND ACQUISITIONS - OBATA INDUSTRIAL PARK ASSESSMENT DISTRICT. PASSED AND ADOPTED this 1st day of June, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE Resolution No. 81-60, A Resolution providing for the addition of certain improvements and the increase of assessments as requested by the property owners affected, noting that a Petition and Consent had been received for same, was read. On motion of Counci1member Link, seconded by Councilmember Cunningham and unanimously carried, said Resolution was adopted. '1Iit.Ii.J,.",~,,,,,, RESOLUTION NO. 81-60 A RESOLUTION PROVIDING FOR THE ADDITION OF CERTAIN IMPROVEMENTS AND THE INCREASE OF ASSESSMENTS AS REQUESTED BY THE PROPERTY OWNERS AFFECTED - OBATA INDUSTRIAL PARK ASSESSMENT DISTRICT. PASSED AND ADOPTED this 1st day of June, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE Resolution No. 81-61, A Resolution ordering reduction of assess- ments, was read. On motion of Counci1member Link, seconded by Counci1- member Cunningham and unanimously carried, said Resolution was adopted. ....,.,,,! RESOLUTION NO. 81-61 A RESOLUTION ORDERING REDUCTION OF ASSESSMENTS - OBATA INDUSTRIAL PARK ASSESSMENT DISTRICT. PASSED AND ADOPTED this 1st day of June, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHM1, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE - Resolution No. 81-62, A Resolution designating Collection Officer, was read. On motion of Counci1member Link, seconded by Counci1member Cunningham and unanimously carried, said Resolution was adopted. RESOLUTION NO. 81-62 A RESOLUTION DESIGNATING COLLECTION OFFICER - OBATA INDUSTRIAL PARK ASSESSMENT DISTRICT. PASSED AND ADOPTED this 1st day of June, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE 4582 Obata Dev. Agree. City Administrator Wood noted that the bonds had been awarded to Wulff, Hansen & Co. on May 18, 1981, at an approximate net interest cost of 11.129088%. Mr. Assaf, noted that the sites within the project mayor may not be required to file an EIR; that they may be allowed a Negative Dec1 arati on. Motion was made by Councilman Pate seconded by Councilman Link and carried that the Development Agreement with Obata properties be approved as submitted with amendments for same and further that a fifteen year payment schedule for the underground utilities on J Assessment No. 17A be approved as requested. : ; P1an.Com. Report The Report of the Planning Commission Meeting of May 21, 1981, 5/21/81 was noted. Appeal-Quack- enbush Var. P & R Com. Meet. 5/19/81 Depos it Fee- Com. Ctr. STP Project Personnel Rules & Regulations Res. #81-63 Storm Drain Zone Study Councilwoman Hughan appealed the decision of the Planning Commission granting a variance to Charles W. Quackenbush to elimi- nate parking at 461 Arnold Drive. Council set June 15, 1981, as a hearing on same. The Minutes of the Parks and Recreation Commission Meeting of May 19, 1981, were noted. Motion was made by Councilwoman Albert seconded by Councilman Pate and carried that the $50.00 deposit requirement for use of the Community Center be increased to $200.00 as recommended. Councilman Cunningham voted IIno" on the motion. The Minutes of the Senior Citizens I Advisory Council Meeting of April 21, 1981, were noted. City Administrator Wood recommended approval of a Change Order No. 7 for the Sewerage Treatment Plant project and explained same. J Motion was made by Councilman Pate seconded by Councilman Taylor and carried by the following Roll Call Vote that Change Order No.7 be approved as recommended: Ayes: Council Members: Link, Pate, Taylor and Goodrich. Noes: Council Members: Albert, Cunningham, and Hughan. City Administrator Wood presented revised Personnel Rules and Regulations to include a revision by adding to said manual, to the 1st paragraph of SECTION IV. SEPARATIONS AND DISCIPLINARY ACTIONS (Pg. 9): All provisions of this section relating to disciplinary action shall be subject to the terms of any current Memorandum of Understand- ing approved by the City Council. Motion was made by Councilwoman Hughan seconded by Councilman Taylor that the reading of Resolution No. 81-63 be waived and that it be adopted approving the revised Personnel Rules and Regulations as submitted to include the addition to the first paragraph of Section IV. RESOLUTION NO. 81-63 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING PERSONNEL RULES AND REGULATIONS. PASSED AND ADOPTED this 1st day of June, 1981, by the following vote: J AYES: COUNCI L MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, . TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE Director of Public Works-City Engineer Hansen recommended approval of a contract with Associated Engineering (W. J. Hanna & Son) in the amount of $5,000.00 to perform a Storm Drain Zone Study. Motion was made by Councilman Cunningham seconded by Councilman Link and carried that the contract with Associated Engineering in the amount of $5,000.00 to perform a Storm Drain Zone Study be approved as recommended. I"" .. 4583 S.C. Valley Water Director of Public Works-City Engineer Hansen presented a request Dist. re: use from the Santa Clara Valley Water District to contract with the City for of City Hall South County office space at the City Hall at $390.00 per month. High Pressure Luminary Convers ion Ba rnett- Range Tr. #6663 Commission Appointment Budget Study Session Adjournment Motion was made by Councilman Taylor seconded by Councilman Link that the Santa C1 ara Valley Water Di stri ct contract with the City for South County office space at the City Hall be approved as recommended by the following Roll Call Vote: Ayes: Council Members: Hughan, Link, Pate and Taylor. Noes: Council Members: Albert, Cunningham and Goodrich. Director of Public Works-City Engineer Hansen presented plans and specifications for the conversion of 640 mercury vapor luminous to high pressure sodium luminaires recommending bids be advertised for same and purchase of said luminaires for the project. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the plans and specifications for the conversion project be approved; that bids be advertised and luminaires be purchased for said project as recommended. Director of Public Works-City Engineer Hansen presented and explained a request of Barnett-Range for a ninety (90) day extension of the Tentative Map for the Woodworth Property, Tract No. 6663. Mr. Ron Cheek, representing the developer, further explained the extension request. Discussion was had on the matter by Council. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the ninety (90) day extension request be granted. Council Member Cunningham voted "no" on the motion. The Mayor noted receipt of three (3) nominations in regard to appointment of a replacement to fill the unexpired Planning Commission term of Mr. C. Dale Springer, expiring December 31, 1983. Discussion was had by Council on the matter. Motion was made by Councilwoman Hughan seconded by Councilman Link and carried that the nomination period be extended to Tuesday, June 9, 1981, at 5:00 p.m. for appointment of a Planning Commissioner at the June 15, 1981, regular Council meeting, noting that Council Member$ interested in names submitted for nomination obtain same from the Mayor and that same not be agendized. Councilman Cunningham voted "noll on the motion. Council set Tuesday, June 2, 1981, at 7:30 p.m. for the next Council Budget Study Session. At 10:13 p.m., the Mayor adjourned the meeting. Respectfully submitted, p1~-.!~~ City 1 e _.un. -. . -