Minutes 1980/09/15
4461
Gilroy, California
September 15, 1980
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The Regular Meeting of the Gilroy City Council was called to order
by His Honor Mayor Norman B. Goodrich at 8:04 p.m.
Roll Call Present: Council Members: Sharon Albert, Brian D. Cunninqham, Roberta
H. Hughan, Marion T. Link, Robert E. Taylor and Norman B. Goodrich. Absent:
Council Member: John E. Pate.
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Intro.New The Mayor introduced the fOllowing new employees: Terry L. Smith
Emp. and John S. Marfia, Police Officers and Gladys F. Sheets, Police Records
Cl erk.
Consent Motion was made by Councilman Link seconded by Councilman Cunning-
Calendar ham that the fOllowing items under the Consent Calendar be adopted by the
following Roll Call Vote: Ayes: Council Members: Albert, Cunningham, Hughan,
Link, Taylor and Goodrich; Absent: Council Member: Pate.
Minutes Approved the Minutes of the September 2, 1980 Regular Council
Meeting;
Res. #80-86 Adopted Resolution No. 80~86 Authorizing Execution of the Annual
Abandoned Contract with the Department of California Highway Patrol for Participation
Veh.Prog. in the Abandoned Vehicle Abatement Program 1980-81;
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RESOLUTION NO. 80 - 86
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING EXECUTION
OF A CONTRACT WITH THE CALIFORNIA HIGHWAY PATROL FOR ABANDONED VEHICLE
ABATEMENT PARTICIPATION.
PASSED AND ADOPTED this 15th day of September, 1980, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, TAYLOR and
GOODRICH.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBER: PATE;
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Pub.Hear.re: Set October 6, 1980 as a Public Hearing date re: Seventh Year
HCD Dev. HCD Development Block Grant Program.
Block Grant
Program
Pub.Hear.re: The Mayor stated that it was the time and place scheduled for a
Fortino- Public Hearing on a request of Albert Fortino, Applicant, to consider a
Tent.Map proposed Tentative Subdivision Map to Convert Eighteen (18) Apartments
Condo. Con-into Condominiums located at 1261 A-H and 1271 A-J Junioer Drive.
version
Planning Director Dorn presented and explained the Staff Report
regarding same.
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The Mayor asked if there was anyone in the audience wishing to
speak on the matter.
Mr. Geary Coats, Consultant, representing the applicant addressed
the Council and explained said proposed conversion.
The Mayor asked if there was anyone further in the audience wish-
ing to speak on the matter. There was no comment from anyone in the
audience.
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Motion was made by Councilman Cunningham seconded by Councilman
Link and carried that the Public Hearing be closed.
Res. #80-87 Motion was made by Councilman Link seconded by Councilman Cunning-
ham that the reading of Resolution No. 80-87 be waived and that it be
adopted granting the request.
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RESOLUTION NO. 80 - 87
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING A TENTATIVE
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Pub.Hear.re:
Conrotto
Rezoning
Intro.Ord.
Rezoning-
M.J.Conrotto
Property
Hearing re:
USA Requests
MAP FOR A CONDOMINIUM CONVERSION OF APARTMENTS AT 1261 AND 1271 JUNIPER
DRIVE.
PASSED AND ADOPTED this 15th day of September, 1980, by the following
vote:
AYES:
NOES:
ABSENT:
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COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, LINK, TAYLOR and GOODRICH.
COUNCIL MEMBER: ALBERT
COUNCIL MEMBER: PATE.
The Mayor stated that it was the time and place scheduled for a
Public Hearing 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-Commercial) District.
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Planning Director Dorn presented and explained the Staff Reoort
regarding said rezoning.
Director of PublicWorks-City Engineer Hansen noted the proposed
traffic patterns and capacities at said location.
The Mayor asked if there was anyone in the audience wishing to
speak for or against the matter.
Mr. Mike Conrotto, representing Mike J. Conrotto, Apnlicant, ad-
dressed the Council and further explained the proposal.
The Mayor asked if there was anyone further in the audience wish-
ing to speak on the matter. There was no comment from anyone in the audience.
Motion was made by Councilman Link seconded by Councilman Cunningham
that the Public Hearing be closed.
Discussion was had by Council on the matter.
Motion was made by Councilman Link seconded by Councilman Cunning-
ham that the reading of a proposed ordinance rezoning said property be
waived and that it be introduced and published by title and summary.
Councilwoman Albert voted "no" on the motion.
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The Mayor stated that it was the time and place scheduled for a
Hearing on review of Urban Service Area requests.
Planning Director Dorn presented and explained the Staff report
noting the Planning Commission's recommendation that no additional acreage
be included in the Urban Service Area this year with the exception of the
100+ acres of Filice Properties previously approved by Council.
The Mayor asked if there was anyone in the audience wishing to
speak on the matter.
Mr. John Filice Jr., addressed the Council requesting clarifica-
tion on proceedings to withdraw properties from the Urban Service Area.
Mr. Filice was informed that same could be done at a future meeting.
The City Attorney noted that LAFCO has previoUSly made excep-
tions to their once a year policy in the past.
The Mayor asked if there was anyone further in the audience wish-
ing to speak on the matter.
Mr. Philip Ladd, Architect and Planner, addressed the Council rep-
resenting the Mantelli application noting that this is the fifth time that
this application has been rejected by the City.
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The Mayor asked if there was anyone further in the audience wish-
ing to speak on the matter.
Mr. Martin Chappell, addressed the Council, representing Mr. Don
Christopher for the application in the vicinity of Gavilan College.
Councilman Cunningham noted that he would not participate in
discussion or action on this application due to an interest in other orooer-
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ties of this applicant, however, noted nO financial interest in this
particular property.
Mr. Chappell noted that the applicant desires to develop three
(3) Units per year, and to do this the entire thirteen (13) acres must
be included in the Urban Service Area.
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The Mayor asked if there was anyone further in the audience
wishing to speak on the Urban Service Area requests. There was no com-
ment from anyone in the audience.
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Discussion was had by Council on the matter.
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Motion was made by Councilwoman Hughan seconded by Councilman
Link and carried that the recommendation of the Planning Commission be
accepted to include only the 100+ acres of Filice Properties in the
Urban Service Area at this time. Councilwoman Albert voted "no" on the
motion.
Pub.Hear.re: The Mayor stated that it was the time and place scheduled for
RDO Applica- a Public Hearing to consider Residential Development Applications for
tions Construction in 1981, 1982 and 1983.
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Planning Director Dorn presented and explained a summary of
the Staff Report noting location and number of units requested.
The Mayor called upon the fOllowing persons who wished to speak
on behalf of the Residential Development Applications:
1) RD 80-1 Mike Bertolone, for 13 apartment units on 1.14 acres at the
northwest corner of East Seventh and East Streets. He noted that he
would retain as many of the existing walnut trees as possible in the
project.
2) RD 80-2 and RD 80-3 Tom Birdsley, representing Ruth & Goinq, Inc.
for Arcadia Development Corporation for 193 single family units on 43
acres located on the west side of Morey Avenue, 500 feet South of Day
Road and Citation Builders (RD 80-3) for 196 sinqle family units on 40
acres located on the west side of Morey Avenue, 500 feet south of Day
Road.
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Discussion was had regarding flood control measures, sewer
system and access to the properties.
Councilman Link left the Council Chambers at 9:41 p.m. and
returned at 9:43 p.m.
Mr. Lou Teresi, addressed the Council representing Citation
Builders (RD 80-3) requestinq Council committment on this property so
that sewer, flood and access measures could be enqineered and solved.
Councilman Taylor left the Council Chambers at 9:51 p.m.
The Mayor called on a representative to speak on behalf of RD
80-4 Kuo Hsuan Chang Application. There was no comment from anyone
in the audience.
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Councilman Taylor returned at 9:54 p.m. and took his seat at
the Council table.
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3) RD 80-5 Mr. Philip Ladd, representing Henry Mantelli for 21 single
family units and 33 townhouse units (54 units total) on 9.2 acres
located on the west end of Mantelli Drive, North side of the street
noting that proposed financing methos could be forthcoming.
Director of Public Works-City Engineer Hansen spoke in regard
to a proposal to widen Mantelli Drive in front of the Seventh Day Ad-
ventist Church properties. He referred to his recommendation under
"Reports of City Officers" IX. B. 1. for possible Interim Drainage
Channel to Mitigate Flooding due to land development effecting RD ap-
plications 80-5, 80-7 and 80-9.
4) RD 80-6 Mr. George Hay, representing Drewitz and Fortino for 18
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apartment units on 1.14 acres located on the East end of East Sixth Street
at the South Valley Freeway requesting that Council consider a higher rating
for this application than given by the Planning Commission.
Mr. Robert Drewitz, addressed the Council in reqard to the storm
drainage proposal for this project.
The Mayor noted that Mr. Chester Green, property owner, wished to
speak in regard to RD 80-5 (H.Mantelli application).
Mr. Chester Green, addressed the Council, noting that he is an ad-
jacent property owner, Board of Director for the Seventh Day Adventist
Church and is willing to cooperate when necessary for future widening of
Mantelli Drive and would consider granting an easement for the Mantelli
Property.
5) RD 80-7 Mr. Geary Coats, for 58 single family units and 36 townhouse
units (94 units total) on 104 acres, located on the West end of Mantelli
Drive, South of Mantelli Drive and North of Hecker Pass Highway noting that
said project would be hillside development.
Mr. Philip Ladd, Architect, addressed the Council and explained the
design of the proposed units.
Mr. W. J. Hanna, Civil Engineer, addressed the Council also in regard
to the proposal.
Councilwoman Hughan congratulated Mr. Hanna for working with several
proposed projects under the RDO applications.
6) RD 80-8 Mr. Geary Coats, for 15 detached and attached single family units
on 3.14 acres located on the East side of Murray Avenue, North of Leavesley
Road, noting that he had no comment as said application was ranked No.1 in
the Planning Commission recommendation.
7) RD 80-9 Mr. Geary Coats, for 46 single family units and 18 duplexes (64
units total) on 15 acres located on the North side of Mantelli Drive, one-
half (~) mile West of Morey Avenue.
Mrs. Teri Freedman, 8675 Del Rey Court, addressed the Council in
regard to RD 80-5, 80-7, 80-11 and 80-]3 applications in the vicinity of
Santa Teresa Hills.
She presented and read a letter from Mr. & Mrs. McGinty, noting
concern over the number of units involved for this area.
8) RD 80-10, Mr. Geary Coats, for 25 sinqle family units and 11 attached
single family units (36 units total) on 4.8 acres located west of Rogers
Lane, north of East Sixth Street, noting financial plans for the proposed
project.
Mr. Clay Bentson, 490 Lewis Street, addressed the Council, noting
that he represents the homeowners in the Lewis Street area and that they are
in favor of this project.
Mr. Ed Kirk, addressed the Council, noting that he was the option
holder for purchase of this property from Mr. Don Renz, further explaining
the proposed project.
Director of Public Works-City Engineer Hansen noted that the develop-
er for the subject property proposes access to the Sixth Street Bridge which
is similar to the Miller Avenue Crossing and recommends that same be a
corssing with less of a dip.
Mr. Kirk noted that he would be willing to work with Staff on the
matter.
At 10:56 p.m. the ~1ayor declared a recess and reconvened the meet-
ing at 11:06 p.m.
The Mayor called upon the fOllowing persons who wished to speak on
behalf of the additional Residential Development Applications:
9) RD 80-11, Mr. Ted Schaal, for 112 mobile homes, 74 condominiums, and 25
single family units (211 units total) on 132 acres located West of Morey
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Avenue, South of Day Road and presented a slide presentation of the
proposal for this property. He explained a drainage system solution
to the proposed flooding problems for said property.
Mr. Will Blessing, Plannilng Coordinator for the subject project,
addressed the Council and further noted that the Swim and Racket pro-
posal for said property could be a!)condition of the Planned Unit Develop-
ment for said property.
10) RD 80-12, Mr. Geary Coats, 63 single family units on 13 acres,
located west of Thomas Road, northeast of Santa Teresa Blvd.
11) RD 80-13, Mr. William K. Henry, Civil Engineer, representing Gil-
roy Country Club Estates Development Corporation for 30 single family
units and 38 town-house units (68 units total) on 94 acres located at
the West end of Mantelli Drive, North of Hecker Pass Highway, noting
advantages of the project and that more detailed plans for the project
will be forthcoming. He ~urther noted that no design of units was
presented due to the fact that all of the proposed homes would be cus-
tom designed.
The Mayor asked if there was anyone further in the audience
wishing to speak in regard to the residential development applications.
There was no comment from anyone in the audience.
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Motion was made by Councilwoman Hughan seconded by Councilman
Link and carried that the Public Hearinq be closed and Council action
on same be continued to an Adjourned Regular Meeting of September 22,
1980 at 8:00 p.m.
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Luchessa Ave. The Mayor noted receipt of a Petition from Obata Brothers,
80-1 Annex. requesting annexation of property to be known as "Luchessa Avenue Annex-
(Obata Bros. )ation 80-1 to the City of Gil roy" located on the west side of Luchessa
Avenue, East of the SPRR; containing 93.33 acres, approved by LAFCO
September 3, 1980.
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Heard from Mr. Gerald Hoff, representing the property owners,
noting that the proposed industry (Food Machinery) has officially con-
firmed that they are not going to exercise their option to purchase
said property. He further noted that the property owners wish to pro-
ceed with annexation of the property for future industrial develop-
ment and that it is their intent to construct the streets within the
property under an Assessment District in December 1980 or January 1981.
Discussion was had by Council in regard to allowing annexa-
tion of properties proposed for industrial development with no firm
committment of a specific industry.
Motion was made by Councilman Link seconded by Councilman
Taylor to adopt a resolution annexing said property and a resolution
removing same from the South Santa Clara County Fire District which
failed by the fOllowing Roll Call Vote: Ayes: Council Members: Link,
Taylor and Goodrich; Noes: Council Members: Albert, Cunningham and
Hughan; Absent: Council Member: Pate.
The Mayor noted that said matter would be continued to the
Adjourned Regular Council Meeting of September 22, 1980 to attempt to
have a full Council present to again vote on the matter.
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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 any-
one in the audience.
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Res. #80-88
Parade
Permit
City Administrator Wood presented a letter from the Lady of
Fatima, Gilroy, requesting a Parade Permit on October 5, 1980. Motion
was made by Councilwoman Hughan seconded by Councilman Link that the
reading of Resolutton,lNo. 80-88 be waived and that it be adopted
authorizing granting of a parade permit requested.
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RESOLUTION NO. 80 -88
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REQUESTING
4/166
APPROVAL OF THE STATE OF CALIFORNIA,DEPARTMENT OF TRANSPORTATION,
DIVISION OF HIGHWAYS TO PERMIT A PARADE WITHIN THE CITY OF GIL-
ROY.
PASSED AND ADOPTED this 15th day of September, 1980, by the follow-
ing vote:
AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK; TAYLOR and
GOODRICH.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: PATE.
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The following informational items were noted with no sepa-
rate discussion on same: ...
Federal Emergency Management Agency re: Continued Eligibi-
lity Under the Flood Insurance Program; and
Letter of Appreciation in re: to Action of Police Officer
Joe Amelio.
Plan. Com.
Report
9-4-80
The Report of the Planning Commission Meeting of September
4, 1980 was noted.
Council continued the review of the draft Santa Clara County
General Plan to the September 22, 1980 Adjourned Regular Council Meet-
i ng.
Personne 1
Com.-Emp.-
Descriptions
Personnel Director Booth presented and explained recommended
revised Employee Position Descriptions approved and recommended by the
Personnel Commission.
Motion was made by Councilwoman Hughan seconded by Council-
man Link and carried that the revised employee position descriptions
be adopted as recommended.
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Disbursements Whe Report of Disbursements from August 1, 1980 through
August 31, 1980 was noted.
Mileage Expense City Administrator Wood recommended an increase of mileage
expenses for Official use of Personal Vehicles. Motion was made by
Councilman Hughan seconded Councilman Taylor and carried that .30~
mileage expense be approved as recommended. Counoilman Cunningham voted
"noli on the motion.
Electrical & City Administrator Wood presented a recommendation to amend
Fence Permits the resolution regarding issuance of Electrical and Fence Permits.
Chief Building Inspector Stewart further exolained same.
Res.#80-89
Motion was made by Councilwoman Hughan seconded by Council-
man Taylor that the readinq of Resolution No. 80-89 be waived and that
it be adopted in regard to' Issuance of Electrical Permits as recommended.
RESOLUTION NO. 80 - 89
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RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY READOPTING THE NATIONAL
ELECTRICAL CODE 1978 EDITION WITH MODIFICATIONS.
PASSED AND ADOPTED this 15th day of September, 1980, by the following
vote:
AYES:
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COUNCI L ~1EMBERS:
ALBERT, CUNNINGHAM,
GOODRICH.
None
PATE.
HUGHAN, LINK, TAYLOR and
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
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Res.#80-90
Motion was made by Councilwoman Hughan seconded by Council-
man Link that the reading of Resolution No. 80-90 be waived and that it
be adopted in regard to Fence Permits and providing for expiration of
permits as recommended.
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446'7
RESOLUTIO'N NO. 80 -.90
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY UNDER GILROY CITY
CODE SECTION 6.1 AMENDING THE UNIFORM ADMINISTRATIVE CODE AS IT
APPLIES IN THE CITY OF GILROY.
PASSED AND ADOPTED this 15th day of September, 1980, by the fol-
lowing vote:
AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, TAYLOR
and GOODRICH.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS:PATE.
Agree.re:
Li lly Gar-
dens
Director of Public Works-City Engineer Hansen presented an access
Agreement for Lilly Gardens. Motion was made by Councilman Link seconded
by Councilman Cunningham and carried that the Access Agreement for Lilly
Gardens be approved as presented.
Plan. Com. The Mayor noted that the appointment of a Planning Commissioner to
Appointment fill the unexpired term (1-1-83) of Thomas F. Taricco is continued to the
September 22, 1980 Adjourned Regular Council Meeting.
Las Animas City Administrator Wood noted that the developers of Las Animas
Tech.Ind.Pk.Technical Industrial Park have prepared outstandinq plans for same and
wish to present it to Council for their comment. Council set said pre-
sentation for the September 22, 1980 Adjourned Regular Council Meeting.
Adjournment At 12:09 a.m. motion was made by Councilman Cunningham seconded
by Councilman Taylor and carried that the meeting adjourn to Monday,
September 22, 1980 at 8:00 p.m.
Respectfully submitted,