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Minutes 1980/09/02 'r~f-~':""';"'-"->"'".""'f'flt"'i"'l'-'I\',~.t"'."'r'~.~~'''~ '"'#Ir"":-"''''''.-~' ....................._..."'....... "_'"" '"'_._...~.,_'__._.~: .~ 4456 Ro 11 Ca 11 Intro. New Employee Memori a 1 Consent Calendar Minutes Pub.Hear. Conrotto Rezoning Pub. Hear. re: RDO Requests March of Dimes Damage Claim- Sansing/ Keaveney Budget Items U.S.A. Requests September 2, 1980 Gilroy, California ".~1l The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:04 p.m. Present: Council Members: Brian D. Cunningham, Roberta H. Hughan, Marion T. Link, John E. Pate, Robert E. Taylor and Norman B. Goodrich. Absent: Council Member: Sharon Albert. The Mayor noted new employee, Sally A. Donato, Police Records Clerk, not present for introduction. ... -- Councilman Cunningham noted the passing of Mr. Ben Gutterman. The Mayor declared a moment of silence in memory of Mr. Ben Gutterman, 1 oca 1 citi zen. Councilman Link requested removing Item D re: setting a public hearing date of September 15, 1980, to review Urban Service Area requests, from the Consent Calendar. ~1otion was made by Counci lman Pate seconded by Counci lman Link that the fOllowing items under the Consent Calendar, excluding Item D, be adopted by the following Roll Call Vote: Ayes: Council Members: Cunningham, Hughan, Link, Pate, Taylor and Goodrich. Absent: Council r1ember: Albert. Approved the Minutes of the August 18, 1980, Regular Council ~1eeti ng; Set a Public Hearing date of September 15, 1980, on a request of Mike J. Conrotto, Applicant, to rezone 4.76 acres located on the east side of Alexander Street between East Ninth and East Tenth Streets from M2 (General Industrial) District to C2 (General Com- mercial) District; ..... Set September 15, 1980, as a Public Hearing date for Residen- tial Development requests; Approved a one (1) month permit for the March of Dimes Annual Solicitation Drive; - Denied a damage claim of ~1rs. J. C. Keaveney establishing interest in the J. E. Sansing, et ux, claim; and Noted and approved a report on budgeted items exceeding $1,500 per Council direction. Councilman Link requested hearing the application of Mr. John Filice Jr., (South of Uvas Creek, north of Santa Teresa Blvd.) for inclusion in the Urban Service Area at this Council meeting rather than at the proposed September 15, 1980, hearing date to allow same to be presented to LAFCO at their September 3, 1980, meeting. The City Attorney noted it was customary, but not required, to hold a hearing in regard to Urban Service Area requests. Motion was made by Councilman Pate seconded by Councilman Cunningham and carried that September 15, 1980, be set for hearing to review the Urban Service Area requests. ..... - Motion was made by Councilman Link seconded by Councilman Pate and carried that Council hear the application of John Filice Jr. for property south of Uvas Creek, north of Santa Teresa Boulevard, at this meeting. Councilman Cunningham voted "no" on the motion. Planning Director Dorn presented the Staff Report regarding the proposed property, noting that the original application was for 517 acres and that the applicant has since reduced the request to 100+ acres to accommodate a potential industrial development. - ...... .ll"I"''"l! - - , .... HCD Citizens' Participa- tion Plan ,........ ..... Res. #80-82 ,... ..... Ca 1 if. Canners Parking Mfl>",,",* - 4457 The Mayor asked if there was anyone in the audience wishing to speak on this matter. Mr. John Filice, Jr., representing the applicant (Filice Properties) addressed the Council requesting that the Council take action tonight on the application in order to present same to LAFCO at the September 3, 1980, meeting. He further noted that Advanced Micro Devices is the pro- posed industry for this property. Mr. George Scalise, Vice President of Advanced ~1icro Devices, addressed the Council and further explained the proposal and a slide presentation. Mr. John Filice, Jr., further urged Council to act upon this Urban Service Area request at this meeting. Motion was made by Councilman Pate seconded by Councilman Link and carried that the applicant be granted permission to submit the 100+ acre request for inclusion in the Urban Service Area to LAFCO at their September 3, 1980, meeting with the understanding that if Advanced Micro Devices noes not proceed with the proposed development on this property that same will be withdrawn from the Urban Service Area. Mr. John Filice, Jr. noted that this applicant would not be requesting the additional acreage in the original proposal for inclusion in the Urban Service Area at this time, only the 100+ acres approved at this meeting. The Mayor stated that this was the time and place scheduled for a Public Hearing on HCD Citizens. Participation Plan. HCD Grant Coordinator Ford presented and explained the Staff Report regarding said plan. The Mayor asked if there was anyone in the audience wishing to speak on the matter. There was no comment from anyone in the audience. Motion was made by Councilwoman Hughan seconded by Councilman Link and carried that the Public Hearing be closed. Motion was made by Councilman Link seconded by Councilman Cunning- ham and carried that the HCD Citizens' Participation Plan as presented be approved and adopted. Motion was made by Councilwoman Hughan seconded by Councilman Link that the reading of Resolution No. 80-82 approving and authorizing execution of the Joint Powers Agreement for a one (1) year period be waived and that it be adopted. RESOLUTION NO. 80-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ACKNOWLEDGING EXECUTION OF JOINT EXERCISE OF POWERS AGREEMENT AND COOPERATION AGREEMENT PURSUANT TO TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED. PASSED AND ADOPTED this 2nd day of September, 1980, by the following vote: AYES: COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: ALBERT A petition from California Canners #1 - Gilroy Employees, was noted requesting use of the parking lot at Lewis and Monterey Streets. City Administrator Wood recommended that same be denied for use of same during regular business hours since the cannery is not within the Parking District. Motion was made by Councilman Link seconded by Councilwoman Hughan and carried that the request for use of the parking lot at Lewis and Monterey Streets by the cannery employees be denied. The Mayor asked if there was anyone in the audience wishing to speak on any matter not on the agenda. There was no comment from anyone in the audience. 4458 T.Taricco, Plan. Com. Resignation A letter of resignation from Thomas F. Taricco, Planning Com- missioner, was noted. Motion was made by Councilwoman Hughan seconded by Councilman Link and carried that the resignation be accepted with .. regret and that a letter of thanks be forwarded ~1r. Taricco. The ~1ayor requested names of interested persons for said repl acement be - submitted to him for appointment at the next regular Council Meeting to fill the unexpired term (1-1-83). Gilroy Medical A request from Concordia Development Corp. for a temporary Center-Temp. trailer permit extension for the Gilroy Medical Center expiring Trailer Permit September 4, 1980, was noted. Res. #80-83 Impact Fees (Mobile Homes) League Bulletin Plan. Com. Report 8/21/80 Hillside Dev. Guidelines ... Motion was made by Councilman Link seconded by Councilman Pate and carried that a one (1) year extension be granted Concordia Development Corp. for a temporary trailer permit at the Gilroy Medical Center, expiring September 4, 1981. ....... A request of the Gilroy Unified School District was noted for an amendment to Resolution No. 79-97 re: Impact Fees to include t10bile Homes. The City Attorney noted that the CHy's first Impact Fee Resolution included mobile homes and that the second resolution omitted mobile homes through an oversight and this request is to correct same. ~1otion was made by Councilwoman Hughan seconded by Councilman Cunningham that the reading of Resolution No. 80-83 be waived and that it be adopted including mobile homes in the Impact Fee Resolu- tion. RESOLUTION NO. 80-83 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AMENDING RESOLUTION NO. 79-97 SO AS TO DETERMINE SCHOOL IMPACT FEES TO BE ASSESSED PER ~.1OB I L E Hm~E. PASSED AND ADOPTED this 2nd day of September, 1980, by the following vote: AYES: 'NOES: ABSENT: -- COUNCIL MEMBERS: CUNNINGHA~1, HUGHAN, PATE, and GOODRICH COUNCIL MEMBERS: LINK and TAYLOR COUNCIL MEMBER: ALBERT - City Administrator Wood noted that a deadline required him to answer the League's Adjournment issue of the Legislative Bulletin prior to this meeting. Councilman Taylor noted that he objected to AB 2674 re: PERS Cost of Living Adjustment. The following informational items were noted with no separate discussion on same. Letter of Appreciation from Bonanza Seeds International, Inc. Memo of commendation to Police Officer Joseph Amelio. Fire Chief's letter of appreciation to Mr. Manuel Martinez. Inter-City Council Meeting September 11, 1980. The Report of the Planning Commission Meeting of August 21, 1980, was noted. - ....., Planning Director Dorn presented and reviewed the Hillside Development Guidelines. Discussion was had on same. - Councilwoman Hughan requested that under INTENT add the following-- native environment and provide for safe use in hillside. Discussion was had in regard to II.E. LIVESTOCK - encourage or permitted. It was noted that the Director of Public Works recom- .. mended "encouraged" to reduce fire hazard. Council concurred. - Res. #80-84 ~1'lI! - ,..... -- Plan. Com. Report 8/25/80 Lib. & Cult. Com. 8/5/80 Personnel Com. 8/27/80 ........ ...... Fence Variances A/S 80-38 & 80-39 4459 Motion was made by Councilwoman Hughan seconded by Councilman Cunningham that the reading of Resolution No. 80-84 approving the Hillside Development Guidelines as presented be waived and that it be adopted to include the changes recommended by Councilwoman Hughan and the Director of Public Works. RESOLUTION NO. 80-84 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING HILLSIDE DEVELOPMENT GUIDELINES. PASSED AND ADOPTED this 2nd day of September, 1980, by the following vote: AYES: COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: ALBERT The Report of the Planning Commission Special ~1eeting of August 25, 1980, was noted. Councilman Link recommended that the Staff report for the Residential Development Ordinance applications be submitted to Council in time to study same prior to the September 15, 1980, public hearing. Planning Director Dorn noted that same would be delivered to Council September 3 or 4, 1980. The Minutes of the Library and Culture Commission Meeting of August 5, 1980, were noted. The Report of the Personnel Commission Meeting of August 27, 1980, was noted. The Mayor deviated from the regular agenda to accommodate interested persons in the audience. A letter from Councilwoman Hughan appealing the Architectural and Site Control Committee approval by the Planning Commission re: two (2) fence variances A/S 80-38 and 80-39 was noted. Councilwoman Hughan explained same, noting that one request received the Planning Commission approval and one was referred back to the Architectural and Site Control Committee and that one of the appli- cants had removed the chain link fence. Discussion was had on the matter. Motion was made by Councilwoman Hughan seconded by Councilman Pate and carried that the Architectural and Site Control Advisory Com- mittee and the Planning Commission be advised that Council opposes installation of chain link fences in front yards and that granting of a variance for same should be seriously considered. Councilman Cunningham voted IInoll on the motion. Motion was made by Councilman Pate seconded by Councilman Cunningham and carried that the Council affirms the decision of the Planning Commission in regard to the two (2) fence variances A/S 80-38 and A/S 80-39. ,.... Tent. Map 79-2 The Mayor noted continued Council action re: amended Tentative E. Lazzarini Map #79-2 Ed Lazzarini continued from August 18, 1980, Regular Council Meeting due to a tie vote on same. iIIlIIIIoII ~ - Mr. William K. Henry, Civil Engineer for the project, addressed the Council further explaining the proposed amended Tentative Map noting the proposed traffic patterns for said project and that alleys were not feasible. Mr. Ed Lazzarini, developer, addressed the Council noting that the only lots proposed at this time are those within the red area shown on the amended Tentative Map. 4460 Res. #80-85 Monthly Reports Disbursements HCD Citizens' Adv. Com. Nomination Ind. Growth Manage.Plan GPOA Suit Alleys re: Res. Design City Hall Dedication Planning Director Dorn presented and explained the Staff Report noting that the issue of driveways is a secondary issue; that said map was amended to attempt to solve the flooding problems, and that the ultimate solution of flooding would be with completion of Project 566. ... - Motion was made by Councilman Link seconded by Councilman Cunningham that the reading of Resolution No. 80-85 be waived and that it be adopted approving the amended Tentative Map 79-2 as sub- mitted for 31 lots to include the original conditions recommended by the Planning Commission. .... RESOLUTION NO. 80-85 .... RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING AN AMENDED TENTATIVE MAP FOR 31 LOTS ON PARK DRIVE BETWEEN CHURCH STREET AND WREN A VEN UE. PASSED AND ADOPTED this 2nd day of September, 1980, by the following vote: AYES: COUNCIL MEMBERS: HUGHAN, LINK, TAYLOR and NOES: ABSENT: COUNCIL MEMBER: COUNCIL MEMBER: CUNNINGHAM, GOODRICH PATE ALBERT The Summary of Monthly Reports of July 1980 was noted. The Report of Disbursements from July 1, 1980, through July 31, 1980, was noted. Motion was made by Councilman Link seconded by Councilwoman Hughan and carried that the recommendation to nominate Teresa Swain be approved as a City Representative on the HCE Citizens' Advisory Committee. Council did not concur with the publication of the candidate's ... income as submitted. - A Progress Report on Industrial Growth Management Plan was noted. City Administrator Wood recommended hiring Mr. Richard S. Whitmore, attorney, to defend the City on the Damage Suite filed by the Gilroy Police Officers' Association re: Claim for Lunch Period Pay. Motion was made by Councilman Pate seconded by Councilwoman Hughan and carried that the City Administrator be authorized to engage the services of Mr. Richard S. Whitmore, attorney, in regard to the Gilroy Police Officers' Association Suit on Damage Claim for Lunch Period Pay. A report from the Police Chief was noted as information in regard to alleys as part of Residential Design. The Mayor noted the Dedication Ceremonies for the new City Hall, Saturday, September 13, 1980, at 11:00 a.m. .... League Conf. Motion was made by Councilwoman Hughan seconded by Councilman Link and carried that the Mayor be appointed as Delegate and Council- man Pate be appointed as Alternate City representatives at the Annual League Conference in Los Angeles. - Sewer Tr. Pl. City Administrator Wood reported on a recent spill-over at the Sewer Treatment Plant and commended those employees involved for their efforts in eliminating the problem. Adjournment .... At 10:21 p.m., the Mayor adjourned the meeting. Respectfully submitted, /L)U4~ty~e;J~~ -,