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Minutes 1980/09/22 r" ~.' ...... - "~,",,, ._.....~ ~ .~. eo _ , . << .,. - .- ".... . .. . ., - . - ., 4467 Gilroy, California September 22, 1980 The Adjourned Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:01 p.m. Roll Call Present: Council Members: Brian D. Cunninqham, Roberta H. Hughan, Marion T. Link, John E. Pate, Robert E. Taylor and Norman B. Goodrich; Absent: Council Member: Sharon Albert. RDO Applica- The Mayor stated that this was the time and place scheduled for a tions continued discussion and Council action on Residential Development Ao- plications for construction in 1981, 1982 and 1983. Discussion was had by Council in regard to supoortinq the Plan- ning Commission's recommendation as to the rating of the applications. Councilwoman Albert entered at 8:07 p.m. and took her seat at the Council table. Further discussion was had in regard to the RD applications. Motion was made by Councilman Cunningham seconded by Councilwoman Hughan that the Planning Commission's recommendation be approved as sub- mitted, which includes the 94 units. Motion failed by the following Roll Call Vote: Ayes: Council Members: Cunningham, Hughan and Pate; Noes: Council Members: Albert, Link, Taylor and Goodrich. Motion was made by Councilwoman Hughan seconded by Councilwoman Albert that the Planning Commission's recommendation be approved with 4468 the Staff limitation on 85 instead of 94 units for RD 80-7 (16, 35 and 37= 100 units) and carried by the following Roll Call Vote: Ayes: Council Mem- bers: Albert, Cunningham, Hughan and Pate. Noes: Council Members: Link, Taylor and Goodrich. Mr. W. J. Hanna addressed the Council representing RD 80-7 re- questing clarification on the 9 units scheduled for 1983 (if engineering problems are solved), said units eliminated by the above Council action. City Administrator Wood inquired if Council would concur with his recommendation to encourage properties in the subject area to join together and a~tempt to provide an economic solution for the general area for the placement of utilities needed to serve it, during the interim with possibly some consideration in next year's allocations. p"""""" -- - -- Mr. Ted Schaal, addressed the Council, representing Long Meadow Project, and inquired if a build-out schedule for this project would be considered in 1982 in order that they could partake and join in with the utility planning in the area. He further noted without said consideration he could not financially proceed with any additional planning or coopera- tion with any of the other projects if they are able to proceed and he is not. Further discussion was had by Council on the matter. Motion was made by Councilwoman Hughan seconded by Councilman Link that Mr. Schaal be allowed a build-out of 25 units in 1982 without specifying a specific area and carried by the following Roll Call Vote: Ayes: Council Members: Hughan, Link, Pate, Taylor and Goodrich; Noes: Council Members: Albert and Cunningham. The City Attorney recommended that the above Council actions be approved by resolution. Motion was made by Councilwoman Hughan seconded by Councilwoman Albert that the reading of Resolution No. 80-91 be waived and that it be adopted encompassing general approval of the Planning Commission's recom- mendations with Staff amendment. RESOLUTION NO. 80 - 91 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING A BUILDOUT SCHEDULE FOR 1981, 1982 AND 1983 UNDER THE RESIDENTIAL DEVELOPMENT JJ ~-=: 0 ORDINANCE. PASSED AND ADOPTED this 22nd day of September, 1980, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN and PATE. NOES: COUNCIL MEMBERS: LINK, TAYLOR and GOODRIOH. ABSENT: COUNCIL MEMBERS: None Res. #80-92 Motion was made by Councilwoman Hughan seconded by Councilman Link that the reading of Resolution No. 80-92 be waived and that it be adopted adding Mr. Schaal 25 units in 1982. RESOLUTION NO. 80 - 92 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING ONE ADDITIONAL BUILDOUT SCHEDULE FOR 1982 UNDER THE RESIDENTIAL DEVELOPMENT ORDINANCE. PASSED AND ADOPTED this 22nd day of September, 1980, by the following vote: AYES: COUNCIL MEMBERS: HUGHAN, LINK, PATE, TAYLOR and GOODRICH. NOES: COUNCIL MEMBERS: ALBERT and CUNNINGHAM. ABSENT: COUNCIL MEMBERS: None Mr. John Fili~e, addressed the Council representing Mr. Tom Harrison and his property, noting that said project ~hould be approved since the storm drain has to go through the back of his property and the access into Mr. Schaal's property also has to go there. He further noted that Mr. Harrison would be willing to participate in the drainage problem for the entire area if he could have some assurance that he would be allo- cated a build-out schedule in 1982. Council took no further action on the matter. ....... Luchessa Ave. The Mayor noted a Petition from Obata Brothers requesting annexa- 80-1 Annex. tion of property to be known as "Luchessa Avenue Annexation 80-1 to the 4469 ,IiIlIIf"III - City of Gilroy" located on the west side of Luchessa Avenue, east of the SPRR, containin~ 93.33 acres, aporoved by LAFCO September 3, 1980 and continued from the September 15, 1980 Council Meeting due to a tie vote. City Administrator Wood presented and read a letter from the property owners noting that they will proceed with the actual develoo- ment of the streets and utilities during the next year and if Council desires include a deed restriction to minimize any speculation of the property. ...... Res. #80-93 Discussion was had on the matter by Council. Motion was made by Councilman Pate seconded by Councilman Link that the reading of Resolution No. 80-93 be waived and that it be adopted annexing said territory to the City of Gilroy. RESOLUTION NO. 80-93 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 "LUCHESSA AVENUE ANNEXATION 80-1 TO THE CITY OF - GILROY". PASSED AND ADOPTED this 22nd day of September, 1980, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: CUNNINGHAM, LINK, PATE, TAYLOR and GOODRICH. COUNCIL MEMBERS: ALBERT and HUGHAN. COUNCIL MEMBER: None Res. #80-94 Motion was made by Councilman Pate seconded by Councilman Link that the reading of Resolution No. 80-94 be waived and that it be adopted removing the territory from the South Santa Clara County Fire District. !ftii,~, 0,""'1\ RESOLUTION NO. 80-94 - 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 "LUCHESSA AVENUE ANNEXATION 80-1 TO THE CITY OF GILROY". PASSED AND ADOPTED this 22nd day of Seotember, 1980, by the fOllowing vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: CUNNINGHAM, LINK, PATE, TAYLOR and GOODRICH. COUNCIL MEMBERS: ALBERT and HUGHAN COUNCIL MEMBERS: None S. C. Co . Ora ft Gen.Plan The Mayor noted the Draft Santa Clara County General Plan. Discussion was had on the matter. Motion was made by Councilman Pate seconded by Councilman Link and carried that the Staff's recommendations on the Draft Santa Clara County General Plan be approved and forwarded to the Board of Supervisors with an additional item added recommending against Item No.4 as noted in the Intergovernmental Council proposal. Council- woman Albert voted "no" on the motion. ,...... .... Plan. Com. The Mayor recommended Council aoproval and aopointment of Appointment Mr. Daniel M. Mello as Planning Commissioner to fill the unexpired term (1-1-83) of Mr. Thomas F. Taricco. - Motion was made by Councilman Pate seconded by Councilwoman Hughan and carried that Mr. Daniel M. Mello be apoointed Planning Commissioner for the unexpired term of Mr. Thomas F. Taricco (1-1-83). Councilman Cunningham voted "no" on the motion and noted that the Planning Commission has no participation by a Mexican-American and has not since Mr. Lupe Aceves served on said Commission. - The Mayor deviated from the Agenda in order to accommodate 4470 persons in the audience in regard to a presentation of the proposed Las Animas Technical Industrial Park Plans. Mr. Paul Reimer, President of Reimer/Associates, addressed the Council noting a preview of the proposal seeking Council advice on the project. He noted that the property contains approximately 200+ acres located immediately east of the 101 Freeway and immediately south of Leavesley Road. He further explained the industrial project in detail. He noted that an EIR would be presented for this project and that an Assessment District would be formed for street improvements which will be presented to Council at a later date. ...... - Council inquired if there would be a Planned Unit Development for the subject project. Mr. Reimer further noted that there would be no Planned Unit Development for this project; but that specific development would be in accord with the Zoning Ordinance of the City. -- ..... Parking Cita- City Administrator Wood presented a report on the Parkinq Citation tion Prog. Program. He noted that the majority of the cities in Santa Clara County have agreed to enter into a contract with Data Com and recommended that more specific payment dates be agreed upon. Police Chief Cowart addressed the Council further explainina the program. Motion was made by Councilman Pate seconded by Councilman Cunning- ham and carried that the contract as submitted be approved in concept with payment term to be established in accord with all cities concerned. The Mayor asked if there was anyone in the audience wishinq to speak on any matter not on the agenda. There was no comment from anyone in the audience. Res.#80-95 City Administrator Wood noted that LAFCO has indicated that they require a resolution requestinq that the 100+ acres of Filice Properties be included in the Urban Service Area. ....-. - Motion was made by Councilman Link seconded by Councilman Cunning- ham that the reading of Resolution No. 80-95 be waived and that it be adopted requesting 100+ acres of Filice Properties be included in the Urban Service Area. RESOLUTION NO. 80 - 95 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CONDITIONALLY RECOMMENDING MODIFICATION OF THE URBAN SERVICE AREA OF THE CITY OF GILROY WITHIN THE COUNTY OF SANTA CLARA. PASSED AND ADOPTED this 22nd day of September, 1980, by the fOllowing vote: AYES: COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH. NOES: COUNCIL MEMBER: ALBERT ABSENT: ,COUNCIL MEMBERS: None USA City Administrator Wood noted that LAFCO is recommending that the City of Gilroy remove approximately 100 acres from the present Urban Service Area if approval is to be given by them to include the 100+ acres of Filice Properties. He recommended that property that was included in the Urban Service Area in October 1972 on the east side of Pacheco Pass Highway be removed from the Urban Service Area due to the fact that there has never been a proposal for specific development on said property. It was noted by the City Attorney that a Public Hearing by the City is not required to remove properties from the Urban Service Area; that a Public Hearin~ would be scheduled before LAFCO for same. .... - Res.#80-96 Motion was made by Councilman Link seconded by Councilman Pate that the reading of Resolution No. 80-96 be waived and that it be adopted apply- ing to LAFCO to remove properties on the east side of Pacheco Pass Hiqhway, approximately 100 acres, from the Urban Service Area with the stioulation that same be approved for removal with the condition that the 100+ acres of Filice Properties be approved and included in the Urban Service Area. ... - RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CONDITIONALLY RECOMMENDING MODIFICATION OF THE URBAN SERVICE AREA OF THE CITY OF GILROY WITHIN THE r- , -"'- _.~... ....._- ,_. _. .~. ~... 4471 COUNTY OF SANTA CLARA. PASSED AND ADOPTED this vote: AYES: NOES: ABSENT: Adjournment 22nd day of September, 1980, by the following COUNCIL MEMBERS: HUGHAN, LINK, PATE, TAYLOR and GOODRICH. COUNCIL MEMBERS: ALBERT and CUNNINGHAM. COUNCIL MEMRERS: None At 9:32 p.m. the Mayor adjourned the meeting. Respectfully submitted, d f?t~ tuJ~ ~ / Cit Cl e k .