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;
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Dev. Agree.
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Bids re: 7th
st. Imp.
Proj.1980-1
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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
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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
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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
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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.
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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.
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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
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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.
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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
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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.
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4399
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The Mayor asked if there was anyone present in the audience wish-
ing to speak for or against the proposed rezoning.
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Mr. George Hay, real estate agent representing the seller of the
property, addressed the Council and presented additional information in
regard to said property.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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A report on false alarm enforcment was presented and noted a
59% reduction in false alarms since the False Alarm Ordinance was
adopted.
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...",~ Budget Amend.
re: Computer
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Bar:nett-Range
Corp.-Wood-
worth Prop.
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City Code
Fines
Rehab. Loans
OJI"'<"~"'"
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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
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Res. #80-45
.IM""""
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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.
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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.
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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"',___ ~~_., ~-_~ ~""~__"'.-'" ~,,, _~_' _--..
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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,
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' ' y Cl er .