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Minutes 1980/05/05 4396 Roll Call Consent Calendar Mi nu tes Pub.Hear. re: Peterson, et al Prezoning Pub. Hear. Fil ice Pre- zoning Budgeted Purchases May 5, 1980 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by His Honor Norman B. Goodrich at 8:00 p.m. Present: Council Members: Sharon Albert, Brian D. Cunningham, Roberta H. Hughan, Marion T. Link, Robert E. Taylor and Norman B. Goodrich. Absent: Council Member: John E. Pate. City Administrator Wood recommended that Item "C" be removed from the Consent Calendar re: Ordinance prezoning 92.3 acres of Obata Brother property located on the west side of Luchessa Avenue, east of S.P.R.R., in order to allow time to receive a Development Agreement for said property prior to prezoning same. Motion was made by Councilman Link seconded by Councilman Cunningham that the following items under the Consent Calendar be approved by the following Roll Call Vote: (Removing Item "C" as recommended) Ayes: Council Members: Albert, Cunningham, Hughan, Link, Taylor and Goodrich. Absent: Council Member: Pate. Approved the Minutes of the City Administrator's Public Hearing re: Revenue Sharing Funds; Approved the Minutes of the Regular Council Meeting of April 21, 1980 ; Set May 19, 1980, as a Public Hearing date on a prezoning request of Raymond Pelland and Raymond Peterson, applicants, for 4.7 acres of existing County Agriculture land located 1200 feet north of Leavesley Road on the westerly side of Murray Avenue to M2 (General Industrial) District; re: Set May 19, 1980, as a public hearing date on a prezoning request of Ernest and William Filice, applicants, for 21.3 acres of existing County Agriculture land located on the north side of Hecker Pass Highway approximately one-half (~) mile west of Santa Teresa Boulevard to RH (Hillside) District; Noted and approved a report on budgeted purchases exceeding $1,500.00 per Council direction; ",,.':.,'...' .If''''<~ '",.....,._,.>.....,,_-.......'..'_~; ~ """"... '...,...~............_...",., _' '__~ Dev. Agree. ~ ... Bids re: 7th st. Imp. Proj.1980-1 ~- .... Bids re: Uvas Pk. Bikway 1980-2 Bids re: Ind. Waste. Treat. Facility Contract #2 Pub. Hea r. re: A.Fumagalli Appeal-Roof Variance .1i4iIi' Res. #80-43 - - 4397 Approved a Development Agreement for Jim R. Sylvain covering the site at the southwest corner (74.071 x 140') of Church Street and West Eighth Street. Director of Public Works-City Engineer Hansen presented and explained a report on bids received for the Seventh Street Improvement (Phase I, Storm Drain in Chestnut Street) Project 1980-1 recommending that the bid of William Caprista Underground Construction Company of San Jose be awarded in the amount of $28,448.50. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the low bid of William Caprista Underground Construction Company be awarded as recommended. Councilman Link noted that he had further action on this matter to be presented later in the evening. Director of Public Works-City Engineer Hansen presented and explained a report on bids received for the Uvas Park Bikeway (Phase I) Project 1980-2 recommending that the bid be awarded William G. Blomquist Construction Company of Santa Clara for a reduced footage recommended in the amount of $6,898.50. Motion was made by Councilman Line seconded by Councilwoman Hughan and carried that the bid of Wm. G. Blomquist Construction Company of Santa Clara be awarded for the reduced footages recommended in the amount of $6,898.50 for the Uvas Park Bikeway (Phase I) Project 1980-2. Director of Public Works-City Engineer Hansen reported that a report would be presented at the May 19, 1980, regular Council Meeting on bids received May 1, 1980, for Industrial Wastewater Treatment Facili- ties - 1980 Additions, Contract No.2 (Channel & Earthwork). The Mayor stated that it was the time and place scheduled for a Public Hearing on an appeal of Anthony Fumagalli on the Planning Commis- sion's Decision re: Roof Variance denial. Planning Director Dorn presented and explained the Staff report regarding same. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Mr. Anthony Fumagalli, property owner, addressed the Council and further explained the proposal denied by the Planning Commission. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. There was no comment from anyone in the audience. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the Public Hearing be closed. Motion was made by Councilman Taylor seconded by Councilman Cunningham that the reading of Resolution No. 80-43 be waived and that it be adopted, disapproving the Planning Commission's recommendation and allowing construction of said roof, to cover a 1929 vehicle between the garage and residence. RESOLUTION NO. 80-43 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY GRANTING ON APPEAL AN APPLICATION FOR VARIANCE TO REDUCE REQUIRED SIDE YARD SETBACK AT 494 FIFTH STREET. PASSED AND ADOPTED this 5th day of May, 1980, by the following Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, LINK, TAYLOR and GOODRICH COUNCIL MEMBER: HUGHAN COUNCIL MEMBER: PATE Pub.Hear. re: The Mayor stated that it was the time and place scheduled for a Acreage-Tr. Public Hearing on reversion to acreage of Lots 1 through 8, Tract 6013, 6013 Mira Loma Mira Lorna Valley, Unit No.4. Valley Unit #4 ~.... - Director of Public Works-City Engineer Hansen presented and explained a report on same. 4398 Res. #80-44 Pub. Hear. re: Design Analy- sis Rezoning .~,"'_..:_... ._ ._,_L~ ,~_._,,,,,,,,,,,,,,,,.,,,,,",,".,___tl--4,,..;;,- The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. There was no comment from anyone in the audience. - Motion was made by Councilman Link seconded by Councilman Cun- ningham and carried that the public hearing be closed. Discussion was had on the matter by Council. Motion was made by Councilman Link seconded by Councilwoman Hughan that the reading of Resolution No. 80-44 be waived and that it be adopted changing Buttercup Lane back to a private street provided Mussallem Development Corporation furnish an agreement for maintenance --- of sai d street. ........ RESOLUTION NO. 80-44 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ORDERING THE 'REVERSION TO ACREAGE OF LOTS 1 THROUGH 8 OF TRACT NO. 6013, tlIRA LOMA VALLEY, UNIT NO.4. PASSED AND ADOPTED this 5th day of May, 1980, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: PATE - The Mayor stated that it was the time and place scheduled for a Public Hearing on a rezoning request of Design Analysis, applicant, for 4.4 acres located on the south side of Hecker Pass Highway (First Street) between Kelton and Westwood Drives from R1 (Single Family Residence) to C1 PUD (Neighborhood Commercial Planned Unit Development) District. Planning Director Dorn presented and explained the Staff report regarding said rezoning. The Mayor asked if there was anyone present in the audience wishing to speak for or against the proposal. A representative from Design Analysis addressed the Council and further explained the proposed development for said property. The Mayor asked if there was anyone further in the audience ,wishing to speak on the proposal. There was no comment from anyone in the audience. ..... ~~ Motion was made by Councilman Cunningham seconded by Council- man Link and carried that the public hearing be closed. Discussion was had by Council. Motion was made by Councilwoman Hughan seconded by Councilman Link and carried by the following Roll Call Vote that an ordinance be introduced rezoning said property and that it be published by title and summary. Ayes: Council Members: Hughan, Link, Taylor and Good- rich. Noes: Council Members: Albert and Cunningham. Absent: Coun- cil Member: Pate. Discussion was had in regard to the design concept of the proposal. Design Concept Motion was made by Councilman Link seconded by Councilman Design Taylor and carried that said plans be referred to the Architectural Analysis and Site Control Committee for recommendation to be presented to Council for final action on same. Pub.Hear. re: D.Carrillo Rezoning - ~ The Mayor stated that it was the time and place scheduled for the continued public hearing on the request of Daniel B. Carrillo to rezone 0.4 acres located on the south side of East Sixth Street at the South Valley Freeway from R1 (Single Family Residence) to R3 (Low Density Multiple-Family Residence) District. Planning Director Dorn presented and explained the Staff report on same. - - 4399 ....<\Wli The Mayor asked if there was anyone present in the audience wish- ing to speak for or against the proposed rezoning. - Mr. George Hay, real estate agent representing the seller of the property, addressed the Council and presented additional information in regard to said property. - The Mayor asked if there was anyone further in the audience wishing to speak on the matter. Mrs. Susan Keller, resident of the area, addressed the Council objecting to construction of additional apartments in the area, specifically because of the traffic problem that alledgedly would occur and inquired if said property would be considered in the Rogers Lane Study. Mr. Felix Ortiz, addressed the Council objecting to additional traffic that would be created by construction of additional apartments in the area. ..... Mrs. Loretta Ventura addressed the Council objecting to the rezoning noting that additional traffic would be created in the area if the property is rezoned R3. Mr. Robert Drewitz addressed the Council concurring with the proposed rezoning for this property. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. 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. Discussion was had by Council on the matter. - Motion was made by Councilwoman Hughan seconded by Councilman Link and carried that a proposed ordinance be introduced and published by title and summary rezoning the property to R3 as requested. The Mayor asked if there was anyone in the audience wishing to speak on any matter not on the agenda. Obata Bros. Prezoning Mr. Gerald Hoff, representing Obata Brothers addressed the Council noting that a development agreement would be provided for the Obata Bros. property prior to the next regular Council Meeting of May 19, 1980. Temp. Trailer City Administrator Wood presented a request of Gilroy Foods for Permit-Gilroy extension of two (2) temporary trailer permits on Pacheco Pass Highway Foods property, expiring May 7, 1980. Motion was made by Councilwoman Hughan seconded by Councilman Link and carried that a one (1) year extension be granted Gilroy Foods for two (2) temporary trailer permits for property on Pacheco Pass Highway expiring May 7, 1981. Pkg. in Cul-de- Sac/Santa Theresa Dr. A letter from Mr. T. Filice in regard to parking in the cul-de-sad (northerly) of Santa Theresa Drive was noted. City Administrator Wood recommended that said matter be referred to the Department of Public Works. Council referred same to the Department of Public Works for recommendation on same at the May 19, 1980, regular Council Meeting. ..... League Bulletin The League of California Cities Legislative Bulletin, dated -- April 25, 1980, was noted and Council agreed to take the usual position to support the League's recommendation on said legislation. ABAG A letter from Councilwoman Lucile T. Hillestad, Town of Los Altos, was noted requesting support in re-appointment to Inter-City Selection Committee representative to ABAG and same was ordered filed. M'~"'~ ICC A letter from the Inter-City Council Sub-Committee was noted requesting cooperative I.C.C. Actions, and same was ordered filed. - Prop. 10 A letter from Tri-County Apartment Association was noted in 4400 Temp. Tra il er Sewer Treat. Facil ity 566 Project Plan. Com. Report 5/1/80 Co. Property- Chestnut St. .r_~..,<,. regard to Proposition 10 and same was ordered filed. A request from Harris & Associates for an Engineer's temporary construction trailer permit at the sewer treatment property was noted. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that the temporary construction trailer permit be granted as requested. ... - The following informational items were noted with no separate discussion on same. -- Secretary of Agriculture in re: to additional petitions sup- porting the P.L. 566 Llagas Creek Project; Inter-City Council Meeting May 8, 1980, at Flying Lady Restaur- - ant; LAFCO in re: to Urban Service Area roll-back. The ~~port of the Planning Commission meeting of May 1, 1980, was noted and further explained by Planning Director Dorn. Planning Director Dorn noted a proposed meeting of the Planning Commission with the County Planning Department scheduled for June 9, 1980, at 7:30 p.m. He further noted completion of the Land Use Survey Map. Director of Public Works-City Engineer Hansen presented and explained a report and recommendation to adopt a "Modification of Regulations" to allow the use of limited access lots in the division of an unusual parcel of land owned by the County 08 Chestnut Street opposite Martin Street. Discussion was had on the matter by Council. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that the modification to the regulations as recommended be approved for this specific property presented. ....... ~ Recess At 9:23 p.m., the Mayor declared a Recess and reconvened the meeting at 9:31 p.m. Personnel City Administrator Wood presented a report on recruitment of Director a Director of Personnel and noted that he had hired Mr. John P. Booth for said position at $2,150.00 per month to begin employment "'lith the City on May 12, 1980. Disbursements The Report of Disbursements from April 1,1980, through April, 30, 1980, were noted. Recreation Parks and Recreation Director Ayer presented and explained a Fees report for an increase in recreation fees. He further noted additional parks and recreation areas being investigated and studied for additi~nal revenues to the City, noting that same would be presented to Council when completed. Motion was made by Councilman Link seconded by Councilwoman Hughan and carried that the recreation fees presented be approved as recommended. False Alarm Enforcement ..- A report on false alarm enforcment was presented and noted a 59% reduction in false alarms since the False Alarm Ordinance was adopted. - - - ...",~ Budget Amend. re: Computer ...... ......... Bar:nett-Range Corp.-Wood- worth Prop. ..... City Code Fines Rehab. Loans OJI"'<"~"'" - M.H. Sewer Meter 4401 City Administrator Wood presented a recommendation for a $1,000.00 budget amendment for the Computer Program change for water, garbage and sewer fees. Council inquired of the sales tax charge for said service. Motion was made by Councilman Link seconded by Counci"lwoman Hughan and carried that the 1979-80 budget be amended in the amount of $1,000.00 to allow for computer programming as recommended. City Administrator Wood presented a request of Barnett Range Corporation for a time extension of a Tentative Map for the former Wood- worth property. Motion was made by Councilman Link seconded by Councilman Cunning- ham and carried that a time extension be granted Barnett Range Corp. for the former Woodworth property subject to the condition that the developer work with Staff on same. City Administrator Wood presented and explained the Chief's report on the Court's determination not to collect City Code violation citations. Discussion was had on the matter. Motion was made by Councilman Link seconded by Councilwoman Hughan and carried that the City enter into a contract with the County of Santa Clara for collection of the City Code violation fines for the previous two (2) years and study the matter further for future fines as recommended by the City Administrator. City Administrator Wood presented a request of the South Santa Clara County Housing Development Corporation for two (2) rehabilitation loans. Motion was made by Councilman Taylor seconded by Councilman Link and carried that the request of the South Santa Clara County Housing Develo~ment Corporation for two (2) rehabilitation loans be approved as requested. Director of Public Works-City Engineer Hansen presented and explained a report on the status of the new Morgan Hill sewer meter. Parcel Processing Director of Public Works-City Engineer Hansen presented a recom- mendation to reinstate the former procedure of processing parcels when four (4) or fewer residential dwelling sites are being created to expedite processing of such routine applications. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the former procedure of processing parcels when four (4) or fewer residential dwelling sites are being created be reinstated as recommended. Councilwoman Albert voted "no" on the matter. Liman/Ronan Ave. Director of Public Works-City Engineer Hansen presented and Assess. Dist. explained a report recommending retaining a civil engineer (M & H Engi- neering) for the Liman/Ronan Ayenue Assessment District 1980-81. HCD Fudns ...... .... Res. #80-45 .IM"""" - Discussion was had on the matter. He further noted his recommenda- tion to transfer HCD Funds to the Seventh Street Improvement Project scheduled for construction 1981-82. Council agreed to said transfer providing said HCD funds be used for same in 1980-81 (5th Year HCD Budget). Motion was made by Councilman Link seconded by Councilman Cunningham and carried that M & H Engineering, Civil Engineers, be retained for the Liman/Ronan Avenue Assessment District 1980-81 as recommended. Motion was made by Councilman Link seconded by Councilman Cunningham that the reading of Resolution No. 80-45 be waived and that it be adopted approving the transfer of HCD funds requested in the amount of $35,500.00 to be used on the Seventh Street Improvement Project; plans and specifica- tions to begin this fiscal year. 4402 Bids re: 7th St. Imp. Proj. Confl i ct of Interest Code Res. #80-46 re: Beno Prop. RESOLUTION NO. 80-45 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING TRANSFER OF HCD FUNDS. PASSED AND ADOPTED this 5th day of May, 1980, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: PATE Motion was made by Councilman Link seconded by Councilman Cunningham and carried that authorization be given for preparation of the plans and specifications for the Seventh Street Improvement Project as recommended. The City Attorney reported on a proposed Conflict of Interest Code for the City of Gilroy. He referred the disclosure categories of various individuals required to file same to the Council for a determination of Council wishes to eliminate any of the various categories for specific city employees, noting that the City has until June 1980 to adopt the required Conflict of Interest Code. Resolution No. 80-46 was presented regarding the Industrial Park designation for the Beno property. Motion was made by Council- woman Hughan seconded by Councilman Link that the reading of Resolu- tion No. 80-46 be waived and that it be adopted. RESOLUTION NO. 80-46 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING AN INDUSTRIAL PARK DISTRICT IN CONJUNCTION WITH ORDINANCE 80-11 PRE- ZONING 16.7 ACRES AT THE SOUTHWEST CORNER OF LAS ANIMAS AND MURRAY AVENUES AS M2 (GENERAL INDUSTRIAL) DISTRICT. PASSED AND ADOPTED this 5th day of May, 1980, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: PATE Murray Ave. City Administrator Wood noted that an annexation application Annex. 80-2 for the Beno property was filed with LAFCO April 30, 1980, under the designation of "Murray Avenue Annexation 80-2 to the City of Gilroy." Recycling Councilman Taylor reported that a recycling center for the Center City of Gilroy is presently being investigated for possible revenue to the City. .... - ..... - ....... - So. Co. Task Councilman Taylor reported on a recent South County Task Force Force Com. Committee meeting with Morgan Hill representatives noting that the Morgan Hill City Council has objected to the make-up of said Committee. He further noted that two (2) representatives from each of the City Councils, one(l) from San Martin, and the City Administrators will meet to set goals for the Task Force Committee. Plan.Com. Reports re: Council Agenda Material HCD Funding Councilwoman Albert reported that she has received interest from local citizens in regard to a recycling center for the City of G i 1 roy . __ Councilwoman Hughan objected to receiving Council Agenda material the night of the meeting, specifically, Planning Commission reports. Council agreed that Planning Commission reports unable to be included in the Council Agenda packets be mailed on the following Friday to each Council member to allow time to review same prior to a Council Meeting. ~ - Councilman Link recommended that the HCD $3,551.00 surplus of funds from the Seventh Street Project be transferred to the administra- __ tive costs. 1- --._- - - V_'.~ 10th St. / Alexander Assess. Dist. ~v'l"',___ ~~_., ~-_~ ~""~__"'.-'" ~,,, _~_' _--.. -- ~- - 4403 : Motion was made by Councilman Cunningham seconded by Councilman Taylor and carried that the recommended transfer of HCD surplus of funds be approved and authorized. Councilman Link recommended that an Engineering study be authorized for a Tenth Street/Alexander Street Assessment District. Motion was made by Councilman Link seconded by Councilman Taylor and carried that Staff be authorized to select an engineering firm for an Engineering Study on the proposed Tenth Street/Alexander Street Assessment District. Ind. Sewer Treat. Councilman Link, representing the Council Sewer Advisory Committee, Plant recommended that a new permanent additional employee be hired for the Industrial Sewer Treatment Plant. City/School Liaison Commi ttee Census Police Dept. Executive Meeting re: Chief of Police Adjournment Motion was made by Councilman Cunningham seconded by Councilman Taylor and carried that a new permanent additional employee be hired for the Industrial Sewer Treatment Plant. City Administrator Wood reported that a City/School Liaison Committee meeting has been scheduled for May 12, 1980, at 3:30 p.m. in the School Administration Office on Church Street. Councilman Cunningham noted that he would not be able to attend. Councilman Taylor noted that he would attend said meeting. City Administrator Wood reported that the 1980 Official Census for the City of Gilroy was reported to be 21,550. City Administrator Wood recommended that letters of commendation from the Mayor be forwarded three (3) local citizens who recently apprehended a criminal. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the letter of commendation be forwarded as recommended. City Administrator Wood recommended that Council set an Executive and Adjourned Council Meeting in regard to the Chief of Police position. Council agreed to set May 7, 1980, at 4:00 p.m. At 10:24 p.m., motion was made by Councilman Link seconded by Councilman Taylor and carried that the meeting adjourn to Wednesday, May 7, 1980, at 4:00 p.m. Respectfully submitted, ~~~~ ' ' y Cl er .