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Minutes 1980/05/19 T~""'-- - 4404 Roll Call Intro. New Employees Intro. Police Chief Consent Calendar Minutes Citati on Homes Tr. #6122 Ord. #80-14 Design Analy- sis Rezoning May 19, 1980 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: Sharon Albert, Brian D. Cunningham, Roberta H. Hughan, Marion T. Link, John E. Pate, Robert E. Taylor and Norman B. Goodrich. The Mayor introduced new employees M. Kay Abruzzini, Police Records Clerk, and John P. Booth, Personnel Director. The City Clerk swore in Gregory G. Cowart, Chief of Police, and the Mayor pinned his badge on. Police Chief Cowart introduced his family. Motion was made by Councilman Link seconded by Councilman Pate that the following items under the Consent Calendar be approved by the following Roll Call Vote: (To include an amendment to II.H re: K. H. Chang Rezoning and Appeal and typographical correction under Item ILL. under Stipulation No.4 to be amended to 1~" of asphalt required on Church Street). Ayes: Council Members: Albert, Cunningham, Hughan, Link, Pate, Taylor and Goodrich. Approved the Minutes of the Adjourned Regular Council Meeting of April 29, 1980; Approved the Minutes of the Regular Council Meeting of May 5, 1980; Approved the Minutes of the Adjourned Regular Council Meeting of May 7, 1980; Approved the plans and agreement for Tract No. 6122 (Citation Homes) ; Adopted Ordinance No. 80-14 rezoning property of Design Analysis, applicant, for 4.4 acres located on the south side of Hecker Pass Highway (First Street) between Kelton and Westwood Drive from R1 (Single Family Residence) to C1 PUD (Neighborhood Commercial Planned Unit Development) District. ORDINANCE NO. 80-14 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING A 4.4 ACRE PARCEL ON THE SOUTH SIDE OF FIRST STREET BETWEEN KELTON AND WESTWOOD DRIVES FROM R1 (SINGLE FAMILY RESIDENCE) TO C1 PUD (NEIGHBORHOOD COMMERCIAL PLANNED UNIT DEVELOPMENT) DISTRICT. ..:., ,..,'. .....~, ,,,,,.,, "., '. '. .,.._1L...,. . '~"":""'-V-._.,. '>l.ito,,~, '"....-,"'....-~... ~' .~'!r ,,~','-., _~""_..rr< .. ~. ~ ~.,...,,'.-",""'.>'_ - Salary Increases ...... Pub. Hear. re: F . 01 ey - U-Haul Rezon- ing Pub.Hear. re: K.H. Chang Rezoning & Appeal ..... Ord. #80-15 D. Carrillo Rezoning .~""" Pub.Hear. re: Bell Savi ngs & Loan Appeal 4405 PASSED AND ADOPTED this 19th day of May, 1980, by the following vote: AYES: COUNCIL MEr1BERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE; Approved Salary Achievement Increases for the following two (2) City employees: John Robinson, Police Officer, Range 32a from Step A, $1,310 to Step B, $1,375 and Andy Holiday, Fire Fighter, Range 31 from Step 0, $1,430 to Step E, $1,502; Set June 2, 1980, as a public hearing date on a rezoning request of Frank Oley, applicant, for U-Haul Company, 1.51 acres located on the east side of Murray Avenue approximately 200' south of Leavesley Road from HC (Highway Commercial) to Cr1 (Commercial/Industrial District; Set June 2, 1980, as a public hearing date on a rezoning request of Kuo Hsuan Chang, applicant, on .523 acres on East Eighth Street from C1 (Neighborhood Commercial) to R3 (Low-Density Multiple-Family) District; and Set June 2, 1980, as a public hearing date on an appeal of K. H. Chang re: Planning Commission's decision of May 15, 1980, denying rezoning of 1.722 acres on the south side of East Eighth Street from M2 (General Industrial) to R3 (Low-Density Multiple-Family) District; re: Adopted Ordinance No. 80-15 rezoning property of D. Carrillo from R1 (Single Family Residence) to R3 (Low-Density Multiple-Family) District located on the south side of East Sixth Street at the South Valley Freeway, containing 0.4 acres; ORDINANCE NO. 80-15 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING A 0.4 ACRE PARCEL ON THE SOUTH SIDE OF EAST SIXTH STREET AT THE SOUTH VALLEY FREEWAY FROM R1 (SINGLE FAMILY RESIDENCE) TO R3 (LOW-DENSITY MULTIPLE-FAMILY) DISTRICT. PASSED AND ADOPTED this 19th day of May, 1980, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE Set June 2, 1980, as a public hearing date re: appeal of Bell Savings & Loan (South Valley Plaza) on Planning Commission's denial of additional sign area; Castlewood Com. Approved two (2) Development Agreements pertaining to Castlewood Prop. Deve. Commercial Properties (one deferred and one standard); and Def. Dev. Agree. Approved a Deferred Development Agreement for Philip J. Piazza, re: Piazza & Randy and Carolyn Barbaglia (noting typographical under Stipulation No.4 Barbaglia, to be amended to 1~" asphalt on Church Street); T ra ff i c Sign a 1 Modification Project Ind. Wastewater Director of Public Works-City Engineer Hansen presented a report Treat. Pl. on bids received for the Industrial Wastewater Treatment Facility _ 1980 Contract #2 Addition, Contract No.2 (Channel and Earthwork) noting the low bid of Granite Construction Company in the amount of $577,130. ...... .... - Pub. Hear. re: R.Pelland,et al, prezoning - Approved the recommendation to advertise bids on Monterey Street and Fourth/Lewis Streets Traffic Signal Modifications. Motion was made by Councilman Link seconded by Councilman Pate and carried that the bid of Granite Construction Company in the amount of $577,130 be awarded and that the City Administrator arrange a meeting with Harris & Associates to discuss the engineering costs for said project. The Mayor stated that it was the time and place scheduled for a public hearing on a prezoning request of R. Pelland, et al, on 4.7 acres located generally 1,200 feet north of Leavesley Road, westerly side of Murray Avenue (County Agriculture) Zone to M2 (General Industrial) District. 4406 Prezoning Applications Pub. Hear. re: E. & Wm. Filice Pre- zoning Petition re: Traffic Safety De- vi ces @ El Roble Pk. & School _~,][~ ,_,:,' ~',," ...--,"~'_:",-~___:~.. ,__.' __..."..'~ .'.......-.~ -. -'...'~ ~..~.. ..-.,...,.. .."...~--_.";o.,' 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. There was no comment from anyone in the audience. - Motion was made by Councilman Link seconded by Councilman Cunningham and carried that the public hearing be closed. Discussion was had on the matter by Council. Motion was made by Councilwoman Hughan seconded by Councilman Taylor and carried that the public hearing be re-opened in order to hear from a representative of the applicant in regard to the proposed development plans for the property. -- - Mr. Jack Gropper, Value Realty, San Jose, representing Mr. Pelland, presently out of the state, noting that he was the Sellerls agent, addressed the Council and further briefly explained the pro- posed plans for the property. Motion was made by Councilman Link seconded by Councilman Pate and carried that the Public Hearing be closed. Motion was made by Councilman Link seconded by Councilwoman Hughan and carried that a proposed ordinance prezoning said property with a Section 40 attached be introduced and published by title and summary. Councilman Cunningham voted "no" on the moti on. Motion was made by Councilwoman Hughan seconded by Councilman Cunningham and carried that Staff notify the applicants requesting industrial prezoning to provide definite commitment for development for said properties at the time the applications are submitted. The Mayor stated that it was the time and place scheduled for a public hearing on a prezoning request of Ernest and William Filice on 21.3 acres located approximately one-half (1/2) mile west of Santa Teresa Boulevard, (County Agriculture) Zone to RH (Hillside) District. ... - Planning Director Dorn presented and explained the Staff Report. 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 Pate seconded by Councilman Cunningham 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 Cunningham and carried that a proposed ordinance be introduced and published by title and summary prezoning same. Petitions from residents in the vicinity of El Roble School and Park were noted. Karen Havens presented additional petitions containing an additional ninety-five (95) signatures. She further explained the proposal for installation of various traffic safety devices in the vicinity of El Roble School and Park. .... ~ Discussion was had by Council. Motion was made by Councilman Pate seconded by Councilman Link and carried that the matter referred to the Di rector of Pub 1 i c \40rks and Pol i ce Department requesti ng a Status Report on same at the June 2, 1980, regular Council t1eeting. The Mayor asked if there was anyone in the audience wishing to speak on any matter not on the agenda. - - ,-c..", --. L. Teresi ..,< " ~,,,'" .. ~i'" M.H./Gilroy Bound.Agree. County Li brary League Bulletin ." '''I; - Nakashima Property I nd. & Hou sing Manage. Task Force Card Room Transfer ...... .... .'''HIII - l--------~- -,' 440'7 Mr. Lou Teresi addressed the Council and requested extension of time for installation of a wall at Uvas Parkway included in the Tentative Map of his development approved by the Architectural and Site Committee which expired two (2) months ago, exceeding the one (1) year time limit. Discussion was had in regard to maintenance required by the City due to installation of sound walls. Mr. Teresi noted that it would be difficult to make modifications at this time to eliminate the proposed sound wall. Motion was made by Councilman Link seconded by Councilman Cunningh- ham and carried that a ninety (90) day extension expiring August 17, 1980, for completion of the sound wall fencing for Mr. Teresi's development. Councilwomen Albert and Hughan voted "no" on the motion. A letter from San Martin Homeowners' and Residents' Association in regard to boundaries was noted. Motion was made by Councilman Pate seconded by Councilman Link and carried that the City Administrator notify this association of the City of Gilroy and Morgan Hill Boundary Agreement presently in effect. A letter from the County Library in regard to preliminary fecommendations to reduce service was noted. Barbara Campbell, Librarian, addressed the Council requesting a city contribution for Gilroy's share of the Library services estimated at $25,000.00. Council deferred action on same to be considered during the 1980-81 Budget Study Sessions. The League of California Cities Legislative Bulletin, dated May 9, 1980, was noted and discussed. Council instructed the City Adminis- trator to request local legislators to support the League's position on the bill preempting city control over billboards and the bill pre- empting siting of hazardous waste disposal facilities. A letter from Ruth and Going, Inc., was noted in regard to process- ing applications for development of the Nakashima property. Mr. Joe Trigueiro, representing Ruth and Going, addressed the Council and noted that the developers are aware of the City requirements in developing said property. Motion was made by Councilman Cunningham seconded by Councilman Link and carried that the Residential Development Ordinance be amended to allow filing of applications for development for all lands within the City Limits. Councilwoman Albert voted "no" on the motion. A letter from the Town of Los Gatos was noted in regard to Industry and Housing Management Task Force Report. A letter from Mr. R. Rosario was noted requesting a site transfer of an existing card room license. City Administrator Wood reported that the Police Department has no objection to said transfer. Motion was made by Councilman Pate seconded by Councilman Link and carried that the request for site transfer of an existing card room license be approved sUbject to providing adequate parking required. A letter of thanks was noted from Chief Laizure. The Mayor reminded Council of the May 23, 1980, Retirement Dinner for Chief Laizure. The following informational items were noted with no separate discussion on same. U. S. Department of the Interior thanking the Fire Department for a course on fire extinguishers; and Letter from Susanne Wilson, President of ABAG, in re: to Air Quality Planning Co-Designation. 4408 Plan. Com. Report 5/15/80 701 Study 1980-81 Budget !If .L l',:....~ The Report of the Planning Commission Meeting of May 15, 1980, was noted. Council requested that the Leavesley Road Policy proposal be re-agendized for the June 2, 1980, Regular Council meeting. - ... City Administrator Wood presented a request of the Planning Commission for a Joint Council/Planning Commission meeting on the 701 Study. Council concurred with the suggested June 12, 1980, meeting at 4:00 p.m. - Council noted distribution of the 1980-81 Budget. Council set May 27,1980, at 8:00 p.m. for the first study session. - Meet & Confer City Administrator Wood noted a request for an Executive Ses- sion following the regular agenda to review Meet and Confer proposals. Fire Dept. City Administrator Wood presented and explained a report on a proposal for re-organization of the Fire Department. Discussion was had on the matter by Council. Chief Bldg. Inspector S.B. 348 re: Workman's Compo for Contractors Dev. & Other Fees Obata Bros. Prezoning Ord. #80-16 Motion was made by Councilman Pate seconded by Councilman Cunningham and carried that the classification of Fire Engineer be abolished, present Fire Engineer e~ployees be reclassified as Fire Captain, July 1, 1980, and that the classification of Fire Fighters be referred to the Personnel Commission for recommendation on same. Mr. Harold Ritter, Fire Fighter, addressed the Council noting that there are no promotional opportunities. Mr. Harold Lawrence, Fire Engineer, addressed the Council noting that this position has functioned in the Fire Captain position. .... Director of Public Works-City Engineer Hansen recommended approval to appoint Curtis Stewart, Jr., as Chief Building Inspector at Step D, with review of a step increase to E, in six (6) months. Motion was made by Councilman Pate seconded by Councilman Taylor and carried that Mr. Curtis Stewart, Jr., be appointed Chief Building Inspector at Step 0, with review of a step increase to E, in six (6) months as recommended. - Director of Publ ic ~Iorks-City Engineer Hansen recommended adoption of a resolution in support of S.B. 348. Motion was made by Councilman Pate seconded by Councilman Link and carried that the City Administrator request local legislators support S.B. 348 as recommended. Director of Public Works-City Engineer Hansen recommended a change in development and other fees to be accomplished by resolu- tion, noting specific fees are not determined at this date. Motion was made by Councilman Link seconded by Councilman Pate and carried that an ordinance be introduced to be published by title and summary amending Section 21.53 of the City Code pro- viding development and other fees be adopted by resolution. ~ City Administrator Wood presented a letter from Mr. Gerald J. Hoff in regard to the proposed status of development plans for Obata Bros. located on the west side of Luchessa Avenue, east of the S.P.R.R. - Mr. Gerald J. Hoff addressed the Council and further explained the development plans for the Obata Brothers property. - Motion was made by Councilman Link seconded by Councilwoman Hughan that the reading of Ordinance No. 80-16 be waived and that it be adopted. - r _,_ ......""'"~_ _~ '_'_~W .._ __'~, ~~ .., . ~. Conflict of Int. Code Historical Heritage Awards Adjournment .-.-.". , .- -~-. - _. -- . . 4409 ORDINANCE NO. 80-16 ORDINANCE OF THE CITY OF GILROY AMENDING ZONING ORDINANCE OF SAID CITY BY PREZONING A 92.3 ACRE PARCEL ADJOINING THE CITY OF GILROY ON THE WEST SIDE OF LUCHESSA AVENUE EAST OF THE SOUTHERN PACIFIC RAILROAD TRACKS AS M2 (GENERAL INDUSTRIAL) DISTRICT. PASSED AND ADOPTED this 19th day of May, 1980, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE The City Attorney presented a proposed list of positions required to file a disclosure statement under the proposed City of Gilroy's Con- flict of Interest Code. Discussion was had on the matter by Council. Council deleted the positions of City Clerk and Chief Deputy from those required to file a disclosure statement. Motion was made by Councilman Link seconded by Councilwoman Hughan and carried that a public hearing date of June 2, 1980, be set for adop- tion of a Conflict of Interest Code for the City. City Administrator Wood presented a letter from Mr. Howard F. Smith, Historian, recommending the following nominations for the 1980 Santa Clara County Historical Heritage Awards: Gilroy Planning Depart- ment - Historical Sturctures Survey of the City of Gilroy; King and Domingues Corp. - Restoration and preservation of 7528 Eigleberry Street (Laura Graef Nichols Home). Motion was made by Councilman Pate seconded by Councilman Link and carried that the nominations recommended by approved for submission to the 1980 Santa Clara County Historical Heritage Awards. At 10:50 p.m., the Mayor adjourned to an Executive Session of the Counci 1. At 11:30 p.m., the Mayor reconvened the meeting and further adjourned. Respectfully submitted, ;4~~~