Minutes 1980/08/18
1 < o. ... .. . '
I 4450
,,,., . 0.'" " ......q..._....
~... ..
'" .._ _ .._u .
'. .
August 18, 1980
Gilroy, California
The Regular Meeting of the Gilroy City Council was called to
order by His Honor Mayor Norman B. Goodrich at 8:04 p.m.
,...,..~.",.._-J'.~"~''''''h.':', ~".,#-_,~;.....'..-.... ... . ... ,,~
.,4. ~ '.",..,l...."'.n.."...l-'.,..~~'..~~;-.~.',., j""f~' ,-~~",._'" ...'....:.\ ",.",~"~.J'",,(, 11,.",.
Roll Call
-
-
Welcome
Intro. New
Employee
.......
........ Consent
Calendar
Minutes
Ord. #80-25
S.C.Co.
Hous. Auth.
Rezoni ng
(b'-'- ~.
-
Res. #80-74
PUD Design
S.C.Co.
Hous. Auth.
!IIIIIIIt
Damage
Claim
7th St. Imp.
Proj.80-4
Phase 2
....
......."""
-
" , ." --'.'''' ,,--'.
4451
Present: Council Members: Sharon Albert, Roberta H. Hughan,
Marion T. Link, John E. Pate, Robert E. Taylor and Norman B. Goodrich.
Absent: Council Member: Brian D. Cunningham.
The Mayor welcomed the audience to the first Council Meeting at
the new City Hall.
The Mayor introduced the following new City Employees: Lupita
Gaeta, Clerk Typist I (Planning Dept.), Jose A. Torres, Multi-Service
Officer, and Judy Diaz, Clerk Typist I (Administration).
City Administrator Protempore Reinsch requested that Item "C"
regarding Hidden Glen No.7, Arcadia Tract No. 6256 be removed from the
Consent Calendar. Motion was made by Councilman Link seconded by Council-
man Pate that the following items under the Consent Calendar excluding
Item "C" be adopted by the following Roll Call Vote: Ayes: Council
Members: Albert, Hughan, Link, Pate, Taylor and Goodrich. Absent: Council
Member: Cunningham.
Approved the Minutes of the August 4, 1980, Regular Council
Meeting;
Adopted Ordinance No. 80-25 rezoning 6.1 acres located at the
northeast corner of Third Street and Wren Avenue from R1 (Single Family)
to R3 PUD (Low-Dfnsity Multiple-Family) Planned Unit Development District,
County of Santa Clara Housing Authority, applicant.
ORDINANCE NO. 80-25
ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAW
CITY BY REZONING A 6.1 ACRE PARCEL ON THE NORTHEAST CORNER OF THIRD
STREET AND WREN AVENUE FROM R1 (SINGLE FAMILY) DISTRICT TO R3 PUD (LOW-
DENSITY MULTIPLE-FAMILY PLANNED UNIT DEVELOPMENT) DISTRICT.
PASSED AND ADOPTED this 18th day of August, 1980, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and
GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBER: CUNNINGHAM
Adopted Resolution No. 80-74 approving PUD Design Permit for the
Santa Clara County Housing Authority Project, as amended.
RESOLUTION NO. 80-74
RESOLUTION OF THE CITY OF GILROY GP~NTING PLANNED UNIT DEVELOPMENT
APPROVAL, SUBJECT TO COMPLIANCE WITH THE PLANS, SPECIFICATIONS AND
DESIGNS FILED WITH THE APPLICATION AND THE CONDITIONS IMPOSED HEREIN,
FOR DEVELOPMENT OF THAT 6.1 ACRE PARCEL LOCATED AT THE NORTHEAST
CORNER OF THIRD STREET AND WREN AVENUE.
PASSED AND ADOPTED this 18th day of August, 1980, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and
GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBER: CUNNINGHAM
Denied a Damage Claim of James E. and Letha Sansing as recommended.
City Administrator Protempore Reinsch presented and explained a
Report on bids received for Seventh Street Improvement Project 1980-4
(Phase 2) recommending award of same to Eilert Construction Co. in the
amount of $66,090.42 and requesting a Budget Amendment in the amount
of $590.42 to allow for same.
Motion was made by Councilman Link seconded by Councilman Pate
and carried that the bid of Eilert Construction Company in the amount
of $66,090.42 be awarded for the Seventh Street Improvement Project
1980-4 (Phase 2) as recommended and that the 1980-81 Budget be amended
in the amount of $591.00 to allow for same.
ry;.< \,-00'........ '-_.-.,~-..-...-. .~.. '~'_,"'" ..-~..,...,..
4452
Bids re:
Pickup
Trucks
Hearing re:
King's Rest
Motel
Res. #80-75
Murray Ave.
Annex.80-2
(Beno)
Res. #80-76
Res. #80-77
City Administrator Protempore Reinsch presented and explained
a report on bids received for two (2) 1980 pickup trucks recommending
award of same to Marx-Chrysler in the amount of $11,023.94.
".....
Motion was made by Councilman Link seconded by Councilman __
Taylor and carried that the bid of t1arx-Chrysler in the amount of
$11,023.94 for two (2) 1980 pickup trucks be awarded as recommended.
The Mayor stated that it was the time and place scheduled
for a hearing on an appeal of King's Rest Motel on the Planning
Commission's decision denying a sign variance.
.....
Planning Director Dorn presented and explained the Staff Report
regarding same.
-
The Mayor asked if there was anyone in the audience wishing
to speak on behalf of the applicant.
Mr. Dennis J. Hofer, representing King's Rest Motel and Mr.
Vinod Patel, owner, addressed the Council noting that since the
Planning Commission hearing the sign was brought up to code with the
exception of the height requirement; that the present height of said
sign would be less conspicuous than if the sign were lowered.
Discussion was had in regard to the applicant ignoring the
City's correspondence regarding the sign violations. Discussion was
had regarding the present form and location of said sign.
Motion was made by Councilman Pate seconded by Councilman
Link that the reading of Resolution No. 80-75 be waived and that it
be adopted modifying the Planning Commission's action, by allowing
the sign as it is in its present form and location.
RESOLUTION NO. 80-75
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY GRANTING ON APPEAL
AN APPLICATION FOR VARIANCE FOR AN EXISTING, NON-CONFORMING FREE-
STANDING SIGN AT 8175 MONTEREY STREET.
PASSED AND ADOPTED this 18th day of August, 1980, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and
GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBER: CUNNINGHAM
.....
-
The Mayor noted receipt of a petition from Jean and John Beno
requesting annexation of property to be known as "t'1urray Avenue
Annexation 80-2 to the City of Gilroy" located at the southwest cor-
ner of Las Animas and Murray Avenues between South Valley Freeway and
Monterey Street, containing 18.368 acres approved by LAFCO August 6,
1980.
Motion was made by Councilman Link seconded by Councilman
Taylor that the reading of Resolution No. 80-76 be waived and that
it be adopted annexing said territory to the City of Gilroy.
RESOLUTION NO. 80-76
A RESOLUTION PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE
CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED
TERRITORY DESIGNATED AS "MURRAY AVENUE ANNEXATION 80-2 TO THE CITY
OF GILROY."
PASSED AND ADOPTED this 18th day of August, 1980, by the following
vote:
AYES:
-
-
NOES:
ABSENT:
COUNCIL MEMBERS: ALBERT, HUGHAN,
GOODRICH
COUNCIL MEMBERS: NONE
COUNCIL MEMBER: CUNNINGHAM
LINK, PATE, TAYLOR and
Motion was made by Councilman Link seconded by Councilman
Taylor that the reading of Resolution No. 80-77 be waived and that
it be adopted removing Murray Avenue Annexation 80-2 to the City of
Gilroy from the South Santa Clara County Fire District.
...
-
.......
-
....
.......
Hecker Pass
Annex. 80-3
(Filice)
Res. #80-78
Res. #80-79
-
-
Murray Ave.
Annex. 80-4
(Pelland)
Res. #80-80
.....
....
-
Res. #80-81
-
4453
RESOLUTION NO. 80-77
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY WITHDRAWING FROM THE
SOUTH SANTA CLARA COUNTY FIRE DISTRICT TERRITORY THEREIN RECENTLY ANNEXED
TO THE CITY OF GILROY UNDER THE DESIGNATION IIMURRAY AVENUE ANNEXATION
80-2 TO THE CITY OF GI LROY . II
PASSED AND ADOPTED this 18th day of August, 1980, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR arid GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBER: CUNNINGHAM
The Mayor noted receipt of a petition from William F. Filice and
Ernest E. Filice, et al, requesting annexation of property to be known
as IIHecker Pass Annexation 80-3 to the City of Gilroyll located on the
north side of Hecker Pass Highway approximately one-half (1/2) mile
west of Santa Teresa Boulevard, containing 21.842 acres, approved by
LAFCO August 6, 1980.
Motion was made by Councilman Link seconded by Councilman Taylor
that the reading of Resolution No. 80-78 be waived and that it be adopted
annexing said territory to the City of Gilroy.
RESOLUTION NO. 80-78
A RESOLUTION PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE
CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRI-
TORY DESIGNATED AS IIHECKER PASS ANNEXATION 80-3 TO THE CITY OF GILROY. II
PASSED AND ADOPTED this 18th day of August, 1980, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBER: CUNNINGHAM
Motion was made by Councilman Link seconded by Councilman Taylor
that the reading of Resolution No. 80-79 be waived and that it be adopted
removi ng IIHecker Pass Annexati on 80-3 to the City of Gil royll from the
South Santa Clara County Fire District.
RESOLUTION NO. 80-79
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY WITHDRAWING FROM THE
SOUTH SANTA CLARA COUNTY FIRE DISTRICT TERRITORY THEREIN RECENTLY
ANNEXED TO THE CITY OF GILROY UNDER THE DES IGNATlON IIHECKER PASS
ANNEXATION 80-3 TO THE CITY OF GILROY.II
PASSED AND ADOPTED this 18th day of August, 1980, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBER: CUNNINGHAM
The Mayor noted receipt of a petition from John A. Davidson
and Ray C. Peterson, et al (Pelland Developer) requesting annexation
of property to be known as IIMurray Avenue Annexation 80-4 to the City
of Gilroy located 1,200 feet north of Leavesley Road westerly side of
Murray Avenue containing 4.557 acres, approved by LAFCO August 6, 1980.
Motion was made by Councilman Link seconded by Councilman Taylor
that the reading of Resolution No. 80-80 be waived and that it be
adopted annexing said territory to the City of Gilroy.
RESOLUTION NO. 80-80
A RESOLUTION PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE
CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRI-
TORY DESIGNATED AS MURRAY AVENUE ANNEXATION 80-4 TO THE CITY OF GILROY.II
PASSED AND ADOPTED this 18th day of August, 1980, by the following vote:
AYES: COUNCIL Mn1BERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and
GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBER: CUNNINGHAM
Motion was made by Councilman Link seconded by Councilman Taylor
that the reading of Resolution No. 80-81 be waived and that it be
adopted removi ng 1I~1urray Avenue Annexati on 80-4 to the City of Gil royll
from the South Santa Clara County Fire District.
4454
League
Bulletin
Ind. Growth
Manage.Plan
Plan. Com.
8/14/80
Assessed Valua-
tions & Tax
Rates 80-81
Ord. #80-26
Ord. #80-27
RESOLUTION NO. 80-81
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY WITHDRAWING FROM THE
SOUTH SANTA CLARA COUNTY FIRE DISTRICT TERRITORY THEREIN RECENTLY
ANNEXED TO THE CITY OF GI LROY UNDER THE DESIGNATION "t~URRAY AVENUE
ANNEXATION 80-4 TO THE CITY OF GILROY. II
PASSED AND ADOPTED this 18th day of August, 1980, by the following
vote:
AYES:
--
....
COUNCIL MEMBERS:
ALBERT, HUGHAN,
GOODRICH
NONE
CUNNINGHAM
LINK, PATE, TAYLOR and
NOES:
ABSENT:
COUNCI L MEt1BERS:
COUNCIL r~EMBER:
......
....
The League of California Cities Legislative Bulletin No.
30-1980 was noted and Council agreed to follow their usual policy to
concur with the League's recommendations on same.
An informational letter from the County of Santa Clara (LAFCO)
regarding the City of Gilroy's Industrial Growth Management Plan
was noted. Planning Director Dorn noted that he would have a pro-
gress report on same for Council on September 2, 1980.
The following informational items were noted with no separate
discussion on same:
U. S. Post Office in appreciation of city employee assistance;
and
Letter of resignation from Sally Higley, President of San
Martin Homeowners and Residents Association.
The Report of the Planning Commission Special Meeting of
August 14, 1980, regarding Residential Development requests continued
to August 25, 1980, was noted.
......
City Administrator Protempore Reinsch presented and explained
a Report on the 1980-81 Assessed Valuations and request to set tax
rates for Bonded Indebtedness and Parking District No. 1 - First and
Second Divisions.
~
Motion was made by Councilwoman Hughan seconded by Councilman
Link that the reading of Ordinance No. 80-26 be waived and that it
be adopted fixing amount of revenue from property taxes necessary to
pay bonded or other indebtedness for 1980-81 fiscal year.
ORDINANCE NO. 80-26
ORDINANCE OF THE CITY OF GILROY FIXING AMOUNT OF REVENUE FROM PROPERTY
TAXES NECESSARY TO PAY BONDED OR OTHER INDEBTEDNESS OF THE CITY OF
GILROY OR ANY PORTION OR DISTRICT OF THE CITY OF GILROY FOR THE FISCAL
YEAR 1980-81.
PASSED AND ADOPTED this 18th day of August, 1980, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and
GOODRICH
COUNCIL MEMBERS: NONE
COUNCIL MEMBER: CUNNINGHAM
-
Motion was made by Councilwoman Hughan seconded by Councilman
Link that the reading of Ordinance No. 80-27 be waived and that it
be adopted fixing the Ad Valorem Assessment for current fiscal year
1980-81 necessary to pay bonded indebtedness of the City of Gilroy
and Parking District No. 1 - First and Second Divisions (setting tax
rates).
-
ORDINANCE NO. 80-27
ORDINANCE OF THE CITY OF GILROY FIXING THE AD VALOREM ASSESSMENT FOR
THE CURRENT FISCAL YEAR 1980-1981 NECESSARY TO PAY BONDED INDEBTEDNESS
OF THE CITY OF GILROY AND THE OF GILROY PARKING DISTRICT NO. 1 - FIRST
AND SECOND DIVISIONS.
....
....
.......'1
-
Pub.Hear. re:
Apts.-Condo
Conversion-
A. Fortino
<-
......
Tent. Map 79-2
E. Lazzari ni
~
4455
PASSED AND ADOPTED this 18th day of August, 1980, by the following vote;
AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBER: CUNNINGHAM
Motion was made by Councilman Link seconded by Councilman Taylor
and carried that a Public Hearing be set as recommended for conversion
of eighteen (18) apartments to condominiums at 1261 and 1271 Juniper Drive,
Albert Fortino, applicant.
Planning Director Dorn presented and explained an amended Tentative
Map TM #79-2 Ed Lazzarini, continued from July 21, 1980, and August 4,
1980, Council Meetings at the applicant's request.
Mr. Ed Lazzarini addressed the Council and further explained the
proposal.
Mr. Chuy Garcia, Engineer for the project, further explained the
access regarding the driveways.
Discussion was had by Council on the matter.
Mr. John Moreno, retired police officer, addressed the Council
noting objecting to alleys, requesting some other solution be taken
for driveway access.
Motion was made by Councilwoman Hughan to accept the amended
Tentative Map with the conditions imposed by the Planning Commission
with no driveways to open onto Wren Avenue on the final phase of the
project. Motion died for lack of a second.
Further discussion was had in regard to alley access to the
subject property.
Motion was made by Councilman Link seconded by Councilman Taylor
that a resolution be adopted approving the amended Tentative r1ap with
the Planning Commission's recommended conditions with the stipulation
that any future homes on Wren Avenue would not be able to backout onto
Wren Avenue. The motion failed by the following Roll Call Vote: Ayes:
Council Members: Link, Taylor and Goodrich. Noes: Council Members:
Albert, Hughan and Pate. Absent: Council Member: Cunningham.
The Mayor continued the matter to the next regular Council Meeting
of September 2, 1980, to attempt to have a full Council present to again
vote on same.
Hidden Glen #7 The City Clerk noted that the Consent Calendar Item "C" regarding
Arcadia Tract Arcadia Tract No. 6256 (Hidden Glen No.7) was incorrectly listed on the
#6256 Agenda as approval of improvements; that same should have been listed
as recommending approval of the Development Agreement for said tract
subject to receipt of the required bonds for same.
Motion was made by Councilman Pate seconded by Councilman Link
and carried that the Development Agreement for Hidden Glen No.7 (Arcadia
Tract 6256) be approved subject to receipt of the bonds as recommended.
~
..... Adjournment
-
-
The Mayor noted the new City Hall dedication ceremonies, Saturday,
September 13, 1980, at 11:00 a.m.
At 9:09 p.m., motion was made by Councilman Link seconded by
Councilman Pate and carried that the meeting adjourn to Tuesday, September
2, 1980, due to Monday, September 1, 1980, being a legal holiday.
Respectfully submitted,
~.
.~ City