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Minutes 1982/03/01 Ro 11 Ca 11 I!II""'" Consent Calendar - Minutes Sa 1 a ry Increases Pub. Hear. re: Mantell i Pre- zoning tIJI"'.".''"l - Pub. Hear. re: Schall Re- zoning Pub.Hear. re: Gen. Plan Revi s ion Cap. Imp. Program Damage Claim- N.Chapin Budgeted Purchases Minutes """"'" Budget Amendments Uvas Park Dr. . OPL IS .... 4693- March 1, 1982 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:01 p.m. Present: Council Members: Donald F.Gage, Roberta H. Hughan, Marion T. Link, Robert E. Taylor, Pete Valdez, Jr. and Norman B. Goodrich. Absent: Council Member: Sharon A. Albert. Councilman Taylor requested that Item II.B re: Ordinance adopting Official Plan Lines for Uvas Park Drive be removed from the Consent Calendar. Motion was made by Councilman Link seconded by Councilman Taylor that the following items under the Consent Calendar be approved by the following Roll Call Vote (excluding Item II.B): Ayes: Council Members: Gage, Hughan, Link, Taylor, Valdez and Goodrich. Absent: Council Member: Albert. Approved the Minutes of the Regular Council Meeting of February 16, 1982 ; Approved Salary Achievement Increases for the fOllowing five (5) City Employees, effective March 1, 1982): Julie Kibbe, Sr. Coordinator, Range 25.5 from Step A, $1,184 to Step B, $1,245; Earl Courtney, Sr. Cus- todian, Range 28 from Step A, $1,339 to Step B, $1,404; Julie Ines, Police Records Clerk, Range 23.5 from Step C, $1,344 to Step D, $1,411; Rick Santos, Auto Equipment Mechanic I, Range 29.5 from Step B, $1,513 to Step C, $1,586; and Rosalie Andrews, Secretary, Range 26.5 from Step D, $1,440 to Step E, $1,513; Set March 15, 1982, as a Public Hearing date on a prezoning request of Bert Mantelli, applicant, on approximately 97.449 acres to Rl PUD (Single Family) Planned Unit Development District and RH (Hillside) Dis- trict located northwest of Mantelli Drive; Set March 15, 1982, as a Public Hearing date on a rezoning request of Ted Schaal, applicant, from R1 (Single Family) District to R1 PUD (Single Family) Planned Unit Development District on approximately 132 acres, located on Morey Avenue, north of Mantelli Drive; Set March 15, 1982, as a Public Hearing date to consider an EIR and major revisions to the General Plan Text and Map for the purpose of updating the test, incorporating new policies from studies adopted in concept; two (2) Citizens (Nob Hill Foods, Inc. and Oliver Woodworth, et all requesting land use changes; and bringing the test to conform with State requirements; Set March 15, 1982, as a hearing date for the City of Gilroy's Five Year Capital Improvement Program - 1982-87; Denied a Damage Claim of Mr. N. V. Chapin; Approved budgeted purchases exceeding $1,500 per Council direction; Approved the Minutes of the Adjourned Regular Council Meeting of February 22, 1982; and Approved a request to amend the 1981-1982 Budget as recommended. Councilwoman Hughan declared herself absent in the discussion or action on same due to a conflict of interest in the matter. Discussion was had in regard to Uvas Park Drive Official Plan Lines. Councilman Taylor recommended that the 100 foot right-of-way on Uvas Park Drive be maintained in its entirety to Santa Teresa Boulevard rather than the 70 foot right-of-way as shown in the vicinity of Santa Teresa Boulevard on the proposed map. Councilwoman Albert entered at 8:03 p.m. and took her seat at the Council table. 46~4 Bids re: Museum Drain- age Impts. Pub. Hear. re: Prezoning- Raisch Co. Intro. Ord.re: Prezoning Pub. Hear. re: Kon 1 e Dev. Ltd. & TM Res. #82-25 Motion was made by Councilman Taylor seconded by Councilman Valdez and carried that Staff revise the proposed Uvas Park Drive Official Plan Line Map to include a 100 foot right-of-way on the entire length of Uvas Park Drive. Motion was made by Councilwoman Albert which died for lack of a second that Third Street not be cut through until funds are avail- able to connect Uvas Park Drive with Third Street. City Administrator Wood presented a report on bids received for the Museum drainage improvements recommending that same be rejected and develop alternate plans to conform with Staff's original estimate for said project. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the bids received for the Museum drainage im- provements be rejected as recommended. ~ I I ..... The Mayor stated that it was the time and place scheduled for a Public Hearing re: EIR .and prezoning request of Raisch Company to prezone to Ml (General Industrial) District 20.254 acres located on the east side of Chestnut Street, south of Banes Lane. Planning Director Dorn presented and explained the Staff Report and map. The Mayor asked if there was anyone present in the audience wishing to speak on the matter. There was no comment from anyone in the audience. Motion was made by Councilman Taylor seconded by Councilman Link and carried that the Public Hearing be closed. Motion was made by Councilman Link seconded by Councilman Tay- lor and carried that the EIR be accepted and approved as submitted to include the mitigation measures as recommended by the Planning Com- mission. ..... Motion was made by Councilman Link seconded by Councilman Taylor and carried that the reading of the proposed ordinance 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 re: EIR and Tentative Map request of Konle Develop- ment, Ltd., for an Industrial Subdivision of four (4) lots on approxi- mately 10 acres, zoned M2 (General Industrial) District, located on Rossi Lane at Mayock Road, southeast of Luchessa Avenue and the South Va 11 ey Freeway. Planning Director Dorn presented and explained the Staff Report. The responses to comments on the EIR were noted. The Mayor asked if there was anyone present in the audience wishing to speak for or aqainst the proposal. There was no comment from anyone in the audience. Motion was made by Councilman Link seconded by Councilman Val- dez and carried that the Public Hearing be closed. Motion was made by Councilman Link seconded by Councilman Tay- lor and carried that the EIR be certified and aporoved as submitted to include the mitigation measures as recommended by the Planning Com- mission. ~ I i ....... Motion was made by Councilwoman Hughan seconded by Councilman Gage that the reading of Resolution No. 82-25 be waived and that it be adopted approving the Tentative Map as submitted. RESOLUTION NO. 82-25 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING A TENTATIVE MAP FOR A 4 LOT INDUSTRIAL SUBDIVISION ON 10.7 ACRES ON ROSSI LANE AT MAYOCK ROAD, SOUTHEAST OF LUCHESSA AVENUE AND THE SOUTH VALLEY FREEWAY. --' Pub.Hear. re: Urban Servo Area ...... -- - Res. #82-26 ..... Pub. Hear. re: Prezoning- Gilroy Coun- try Cl ub Estates ..... .... 4695 PASSED AND ADOPTED this 1st day of March, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a draft focused EIR for the City of Gilroy 1981-82 Urban Service Area request pending before LAFCO and for rezoning that area, on approximately 866 acres in or adjacent to the northwest quadrant of the City. Planning Director Dorn presented and explained the Staff Report, EIR and comments. Mr. Darrel Kelly, representing Terra-Sol, Ltd., addressed the Council further explained the EIR. The Mayor asked if there was anyone present in the audience wishing to speak for or against the proposal. Mr. Joseph Trigueiro, representing Ruth & GOing, addressed the Council inquiring about additional requests for inclusion in the Urban Service Area. Discussion was had in regard to additional fire stations required for this development and further explained by Fire Chief Brittain. Motion was made by Councilwoman Hughan seconded by Councilman Gage and carried that the Public H~aring be closed. Motion was made by Councilwoman Hughan seconded by Councilman Gage and carried that the EIR be certified subject to the twenty-three (23) mitigation measures recommended by the Planning Commission and declared a statement of overriding considerations. Motion was made by Councilwoman Hughan seconded by Councilman Link that the reading of Resolution No. 82-26 be waived and that it be adopted certifying the EIR for the Urban Service Area as submitted. RESOLUTION NO. 82-26 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CERTIFYING AN ENVIRONMENTAL IMPACT REPORT FOR THE 1981-1982 MODIFICATION OF THE URBAN SERVICE AREA OF THE CITY OF GILROY WITHIN THE COUNTY OF SANTA CLARA AND FOR PREZONING AND REZONING THAT AREA. PASSED AND ADOPTED this 1st day of March, 1982, by the following vote: AYES: COUNCIL MEMBERS: GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBER: ALBERT ABSENT: COUNCIL MEMBERS: NONE The Mayor stated that it was the time and place scheduled on a request for prezoning to RH (Hillside) District on property located on the north side of Hecker Pass Highway, east of the Gilroy Golf and Coun- try Club, on approximately 370.842 acres, Gilroy Country Club Estates, applicant. Planning Director Dorn presented and explained the Staff Report and Map. The Mayor asked if there was anyone present in the audience wishing to speak for or against the proposal. Mr. Sig Sanchez, applicant, addressed the Council and thanked them for setting this Public Hearing to accommodate their time schedule with LAFCO. He noted that development of this property is not anticipated for two or three years. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. There was no further comment from anyone in the audience. 4696 Pub. Hear. re: Prezoning- Hoey Ranch Co. Fence Var. Gri evance-A. Valdez GHS Carnival League of Calif. Cities P G & E Rates Motion was made by Councilman Link seconded by Councilman Valez and carried that the Public Hearing be closed. Discussion was had by Council on the matter. Motion was made by Councilman Link seconded by Councilman Valdez and carried that the proposed ordinance be introduced and published by title and summary. Councilwoman Albert voted "no" on the motion. The Mayor stated that it was the time and place scheduled for a Public Hearing on a request for prezoning to RH (Hillside) District for property located on the north side of Hecker Pass Highway, east of the Gilroy Golf and Country Club on approximately 63.269 acres, Hoey Ranch Company, applicant. , - Planning Director Dorn presented and explained the Staff Report and Map. The Mayor asked if there was anyone present in the audience wishing to speak on the matter. Mr. William K. Henry, Jr., Engineer for the project, addressed the Council noting that this property was also scheduled to meet LAFCO requirements for removal of said property from the Williamson Act. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the Public Hearing be closed. Motion was made by Councilman Link seconded by Councilman Gage and carried that the reading of the proposed ordinance be waived, that it be introduced and published by title and summary. Councilwoman Albert voted "no" on the motion. The Mayor asked if there was anyone present in the audience wishing to speak on any matter not on the agenda. ...... Mr. Antonio Valdez, 405 Victoria Drive, addressed the Council objecting to denial of his grievance regarding a fence variance approved by the Planning Commission and he requested that Council appeal said variance. - Council agreed to hear said Fence Variance at their March 15, 1982, regular Council Meeting in order to notify property owners of same. A letter from the Gilroy High Student Council was presented re- questing permission to sponsor a Carnival March 25-28, 1982. City Administrator Wood recommended that same be approved subject to com- plying with city regulations for carnivals. Motion was made by Councilman Link seconded by Councilman Val- dez and carried that the Gilroy Hgih Student Councils' request to sponsor a carnival be approved as recommended and noting that they would be responsible for the license fee for said event. The League's "March on the Capitol", March 17, 1982, was noted. A letter from Sierra Foothills Community Assistance Project, Inc. was noted in regard to Public Utilities Commission. ..... Motion was made by Councilman Gage seconded by Councilwoman Albert and carried that Sierra Foothills Community Assistance Project, Inc. request be approved opposing P. G. & E. rate increases, concurring that sai d rates shoul d be decreased to those rates in effect ,January 1, 1981. - The following informational items were noted with no separate discussion on same: League of California Cities Legislative Bulletin, dated Feb. 19, 1982; and Santa Clara Valley Water District re: Reclamation Proj. 4697 Plan. Com. Report The Report of the Planning Commission Meeting of February 18, 2/18/82 1982, was noted. ABAG Housing All ocati ons- Appendix G Res. #82-27 ....... -- P & R Com. 2/16/82 Hist. Heritage Com. 1/26/82 Terms & Apptmts Planning Director Dorn presented and explained the Planning Com- mission's recommendation to approve Appendix G of the ABAG Housing Alloca- tions for the General Plan. Motion was made by Councilwoman Hughan seconded by Councilman Gage that the reading of Resolution No. 82-27 be waived and that it be adopted, approving Appendix G as recommended. RESOLUTION NO. 82-27 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY'S ACCEPTANCE OF HOUSING NEEDS DETERMINATIONS. PASSED AND ADOPTED this 1st day of March, 1982, by the fOllowing vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE The Minutes of the Parks and Recreation Commission meeting of February 16, 1982 and the Senior Citizens' Advisory Council Minutes of their January 19, 1982 meeting were noted. The Minutes of the Historical Heritage Committee Meeting of January 26, 1982, were noted. The Mayor noted that membership terms and appointment to replace Ruth Habing, recently resigned, would be at the next regular Council Meeting of March 15, 1982. Lib. & Cult. Com. The Minutes of the Library and Culture Commission Meeting of Feb- 2/2/82 ruary 2, 1982, were noted. - ...... Monthly Reports City Administrator Wood presented the Summary of Monthly Reports of January 1982. Ronan-Liman Mr. Henry Meyers, representing M & H Engineering, addressed the Assess. Dist. Council and explained the Engineer's Report for formation of Ronan Avenue- Liman Avenue Assessment District. Res. #82-28- #82-32 ...... ..... His Report consisted of plans, specifications, maps and descriptions, estimate of costs, and diagram and assessment. After full discussion and consideration by the Council, the report was ordered filed. Motion was made by Councilman Link seconded by Councilman Taylor that the reading of Resolution No. 82-28 be waived and that it be adopted of Preliminary Determination and of Intention. RESOLUTION NO. 82-28 A RESOLUTION AMENDING RESOLUTION NO. 81-92 ENTITLED, "A RESOLUTION OF PRE- LIMINARY DETERMINATION AND OF INTENTIOW - RONAN AVENUE - LIMAN AVENUE ASSESSMENT DISTRICT. PASSED AND ADOPTED this 1st day of March, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE Motion was made by Councilman Link seconded by Councilman Valdez that the reading of Resolution No. 82-29 be waived and that it be adopted of Preliminary Approval of Engineer'sReport. RESOLUTION NO. 82-29 A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEERS REPORT - RONAN AVENUE - LIMAN AVENUE ASSESSMENT DISTRICT. PASSED AND ADOPTED this 1st day of March, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE 4698 Auction Wheeler Aud. Proj ect City Street Damage Motion was made by Councilman Link seconded by Councilman Val- dez that the reading of Resolution No. 82-30 be waived and that it be adopted Appointing Time and Place of Hearing (4-19-82) Protests in Relation to Proposed Acquisition and Improvements, and Directing Notice. RESOLUTION NO. 82-30 A RESOLUTION APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ACQUISITIONS AND IMPROVEMENTS AND DIRECTING NOTICE - RONAN AVENUE - LIMAN AVENUE ASSESSMENT DISTRICT. PASSED AND ADOPTED this 1st day of March, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ~ I ...... Motion was made by Councilman Link seconded ~y Councilman Valdez that the reading of Resolution No. 82-31 be waived and that it be adopted Calling for Sealed Proposals (4-8-82); and Fixinq Liquidated Damages for Failure to Complete the Work Within Time Specified. RESOLUTION NO. 82-31 A RESOLUTION CALLING FOR SEALED PROPOSALS AND FIXING LIQUIDATED DAMAGES FOR FAILUR TO COMPLETE THE WORK WITHIN TIME SPECIFIED - RONAN AVENUE - LIMAN AVENUE ASSESSMENT DISTRICT. PASSED AND ADOPTED this 1st day of March, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE Motion was made by Councilman Link seconded by Councilman Val- dez that the reading of Resolution No. 82-32 be waived and that it be adopted Describing Property Boundaries of Assessment District, Direct- ing Filing of Boundary Map and Assessment Diagram and Recordation of Notice of Assessment. ~ \li.;,c'" RESOLUTION NO. 82-32 A RESOLUTION DESCRIBING PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT, DIRECTING FILING OF BOUNDARY MAP AND ASSESSMENT DIAGRAM AND THE RE- CORDATION OF NOTICE OF ASSESSMENT - RONAN AVENUE - LIMAN AVENUE ASSESS- ~1ENT DISTRICT. PASSED AND ADOPTED this 1st day of March, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE Motion was made by Councilwoman Hughan seconded by Councilman Valdez and carried that the March 27,1982, date for a City Auction be approved. City Administrator Wood presented a recommendation to hire E. H. Duerr, Architect, as consultant for Wheeler Auditorium Conversion Project. Discussion was had on the matter. ...... I Council tabled action on the recommendation to hire ~1r. E. H. Duerr for Wheeler Auditorium Conversion Project. - Director of Public Works-City Engineer Hansen presented a Report on bus damage to city streets and recommended that the County be re- quested to institute corrective measures for said repairs. Motion was made by Councilman Gage seconded by Councilman Link and carried that the Director of Public Works request the County to institute corrective measures for repairs to city streets as recommended. ... 4699 Standard Drawings Director of Public Works-City Engineer Hansen presented a recom- & Specs. mendat.ion to adopt standard drawings ~nd specifications. Motion was made by Councilman Gage seconded by Councilwoman Hughan and carried that the standard drawings and specifications submitted be adopted as recommended. Handi cap Ramp Proj ect WaterSystem CATV Variances Ga r 1 i c F es t i val So. S. C. Co. Housing Dev. City's Water System re: Grant Director of Public Works-City Engineer Hansen presented a recommenda- tion to advertise bids for the Handicap Ramp Project. Motion was made by Councilman Link seconded by Councilman Gage and carried that bids be advertised for the Handicap Ramp Project as recommended. Director of Public Works-City Engineer Hansen presented a Report on trihalomethanes in the Gilroy water system to be minimal. Director of Public Works-City Engineer Hansen presented a recommenda- tion to amend Resolution No. 1603 pertaining to the installation of CATV facilities. The City Attorney was instructed to prepare said amendment for Council consideration of same at the next regular Council Meeting. Councilwoman Hughan requested a report on granting or denying of variances for the previous year. Councilwoman Hughan reported that she is a member of the Advisory Committee for the Garlic Festival and would act as Liaison for the City. City Administrator Wood noted an invitation to Council for an Open House of the South Santa Clara County Housing Development Corporation on March 12, 1982 at 11:30 a.m. He noted that he would send copies of same to Council Members. City Administrator Wood reported that the $1,500,000.00 loan was approved under the Safe Drinking Water Bond Act for improvements to the City's water system. Las Animas Tech. City Administrator Wood reported that the developers of Las Animas Pk. Assmt.Dist. Technology Park Assessment District desired to proceed with the Bond Issue for said project and that their Bond Attorneys require an agreement to assume costs provided the District fails. Adjournment Mr. Paul Barrish, representing Las Animas Technology Park Developers, addressed the Council and noted that they woul d assume any cos ts in thi s regard and would agree to a written agreement holding the City harmless. Motion was made by Councilman Link seconded by Councilman Gage and carried that the City Administrator be authorized to enter into an agreement with Las Animas Technology Park subject to approval by the City Administra- tor, the City Attorney and the City's Bonding Attorneys. At 9:55 p.m., the Mayor adjourned the meeting. Respectfully submitted, d~~td~ / City Clerk