Minutes 1980/05/19
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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.
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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.
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Pub. Hear. re:
R.Pelland,et
al, prezoning
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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
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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.
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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.
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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.
...
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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.
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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.
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L. Teresi
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M.H./Gilroy
Bound.Agree.
County
Li brary
League
Bulletin
." '''I;
-
Nakashima
Property
I nd. & Hou sing
Manage. Task
Force
Card Room
Transfer
......
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.'''HIII
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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.
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...
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.
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Council noted distribution of the 1980-81 Budget. Council
set May 27,1980, at 8:00 p.m. for the first study session.
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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.
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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.
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Mr. Gerald J. Hoff addressed the Council and further explained
the development plans for the Obata Brothers property.
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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.
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Conflict of
Int. Code
Historical
Heritage
Awards
Adjournment
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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~~~