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Minutes 1980/09/15 4461 Gilroy, California September 15, 1980 - -- 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. -"" ......., 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; ....... 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; - 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. L 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. - 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. - RESOLUTION NO. 80 - 87 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING A TENTATIVE 4462 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: - - 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. ..... ..... 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. ... - 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. -- ~ 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- -- - 4463 W""'... 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. ..... 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. ...- ! Discussion was had by Council on the matter. ..... 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. - 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. -"'" 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. .... Councilman Taylor returned at 9:54 p.m. and took his seat at the Council table. .... 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 - ...... 4464 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 ..... - - I - -- -."~ ..... iiIl,"'~.. ..... - 4465 ...""''' 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. - -.,. ..... 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. ........ 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. .... 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. ,..... ..... 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. - 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. ..... 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. - - ... 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. ...... - 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 ..... 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: - COUNCI L ~1EMBERS: ALBERT, CUNNINGHAM, GOODRICH. None PATE. HUGHAN, LINK, TAYLOR and NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: - 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. - r" ".'--. ~..... y,^, ........."..T." """" ~... .....".. "'. ~_ _~___ ., ,.. ., "~" - -.... -- -- ~ -~- ~~"-' 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,