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~~
-,