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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