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Minutes 1980/12/01 4494 Ro 11 Ca 11 Intro. New Employees Consent Calendar tvt i nu tes December 1, 1980 Gilroy, California The Regular Council Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:02 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 introduced the following new employees: Steven R. Brem, Police Officer; Ascencion Salinas, Wastewater Treatment Plant Operator I; and James Svos, Wastewater Treatment Plant Operator II. (Councilwoman Albert entered at 8:02 p.m. and took her seat at the Council table.) t10tion was made by Councilman Pate seconded by Councilman Cunningham that the following items under the Consent Calendar be adopted by the following Roll Call Vote, excluding Item "(1' re: Section 16.28 and 18.6 of the City Code to be reagendized: Ayes: Council Members: Albert, Cunningham, Hughan, Link, Pate, Taylor and Goodri ch. Approved the Minutes of the Regular Council Meeting of Novem- be r 3, 1980; Approved the Minutes of the Regular Council Meeting of Novem- ber 17, 1980; ,_. .,~ ", ._....~._...~ :",.o~ .........\. ~-<<',!... ( ,_ ,,' J.. . -,':"... :.0 .,....... .'. "'~ "->.;,.-t...' ." ",....,,.,,.' q.', ,.' .-, ."___', '.' .,' ........... '-.:.. .' ." ,. _".c ,', 'f'",-, '. .~. <,A It.' 4., ',-" ,,r.o '"...~"......."M,-"~ ....' _, ':r-'.J!'\ .', '-lI."""'-"~ ~...L., ": lO' ........ C', ..... ,,' ~.. '.'>'.1 ' ~.. .'..' ..". _'. ~""." ......._ ,.~.' -".< .,., ~ .' . -". _".' '. ,_', ,_... .......'.' - " ..1,....._,.. ,',,;.. -~ _~.. "." .;;; ~..J, 4495 Pub.Hear. re: Map, Design & Rezoning- D. Renz Set December 15, 1980, as a Public Hearing date to consider a Tentative Map, Planned Unit Development Review, and a rezoning request of Don Renz/Ed Kirk Construction Company for a residential subdivision of thirty-six (36) lots and rezoning from R1 to R2 PUD (Two-Family) Planned Unit Development District located at East Sixth Street and Rogers Lane on approximately five (5) acres; - ... Ind. Wastewater Accepted the Industrial Wastewater Treatment Facilities Contract Treatment No.1 (Electrical - Caputo Construction Company); Facilities Def. Dev. Agree. Approved a Deferred Development Agreement for Taki Anagnoston, T.Anagnoston et al, as recommended; "'''''' ..... Dev. Agree. Amer. Dev. Co. Def. Dev. Agree. Approved a Deferred Development Agreement re:Sierra Development, Inc., as recommended. Alder Dev. . Inc. Approved a Development Agreement with American Development Corpora- tion (Lilly Gardens Apts.), as recommended; and for Sierra Alder Bids - Police City Administrator Wood presented a report and recommendation of Sedans bids for Police Sedans. Motion was made by Councilman Link seconded by Councilman Cunning- ham and carried that the low bid of Marx-Chrysler-Plymouth-Dodge be awarded in the amount of $49,065.74 for five (5) police sedans as recom- mended. The Mayor a~ked if there was anyone in the audience wishing to speak on any matter not on the agenda. AMD Proposal Mr. George Scalise, Vice President of Advance Micro Devices, addressed the Council and gave a progress report on their proposal to "'"CO" locate in Gilroy. The Mayor asked if there was anyone further in the audience wishing to speak on any matter not on the agenda. "- Mr. David Sorenson, Gilroy resident, addressed the Council and noted that the local Chamber of Commerce has supported AMD locating in Gilroy. Mr. Rueben Lujan, 1095 Byers Court, Gilroy, addressed the Council recommending that AMD locate on the east side of the City rather than the proposed westerly site. Ms. Cathie Jorgenson, 800 West Sixth Street, Gilroy, addressed the Council in support of AMD locating in Gilroy. Mr. Bob Voorhees, 1193 Ortega Circle, addressed the Council, representing the Downtown Business Association, supporting AMD locating in Gilroy. ..... Mr. Darrell Shuck, 670 Glenview Court, Gilroy, addressed the Council recommending that the City continue its process in attempting to approve AMD locating in Gilroy. Mr. Shuck inquired if whether or not the process must stop if an initiative does qualify for the ballot or can things keep rolling and a decision be made up to the point of actually issuing building permits. The City Attorney stated that things will continue in a normal fashion regardless of whatever the initiative process may be. He stated that he does not know what the nature of this petition may be and, there- fore, he is speculating, but the fact that some initiative petition may be signed around the City would not necessarily have any effect on what this Body might do. - - - Mr. Pete Valdez, representing the Center of Employment Training, addressed the Council noting the need for industry in Gilroy. 4496 Hwy. 152 Com- mittee Meet- i ng So. S. C . Co . Hous. Dev. Corp. Commendation Letter-L.Bada LAFCO Fed. Leg. Plan. Com. 11/20/80 D.Salter Condos Mr. Wayne Young, 7115 Concord Place, Gilroy, and a member of the Gilroy Unified School Board, addressed the Council endorsing AMD locating in Gilroy. .... Dr. Bill Patterson, addressed the Council suggesting that the City decide the location of AMD if they should desire to locate in Gilroy. - Mr. Mark Difiore, representing concerned citizens of Gilroy, addressed the Council noting violations of the City's General Plan if AMD locates in Gilroy at their proposed site. - Mr. Gary George, resident of Gilroy, addressed the Council noting that he has been a member of the r1erchants' Committee in the Downtown Merchants' Association and inquired on behalf of the Com- mittee as to what type of industry is desired, as for the past 8~ years, said Committee has been seeking industry such as that of AMD. Mr. Ed Mattos, property owner in the area where AMD has pro- posed to locate, addressed the Coucnil noting that as a member of the Industrial Committee of the local Chamber of Commerce, said Committee has been seeking clean electronic industries such as AMD. - The Mayor asked if there was anyone further in the audience wishing to speak on any matter not on the agenda. There was no comment from anyone in the audience. City Administrator Wood presented a meeting notice of the Highway 152 Committee on December 3, 1980, at noon in Hollister at Paines Restaurant. He further noted that he will attend said meeting and present the "caravan suggestion" at said meeting. The following informational items were noted with no sepa- rate discussion on same: ~ Quarterly Reports of the South Santa Clara County Housing Development Corporation; ....... Fire Chief's letter of commendation to Ms. Lori Bada; Local Agency Formation Commission in re: to the San Martin Area; and League of California Cities Legislative Bulletin on Federal 1 eg is 1 at ion. The Report of the Planning Commission Meeting of November 20, 1980, was noted. Planning Director Dorn presented and explained a Staff report regarding a request for an exception to the condominium policy to allow only seventeen (17) units rather than a minimum condominium size of twenty-four (24) units, Mr. Dan Salter, applicant. Mr. Dan Salter, 1770 Copperhill Drive, addressed the Council further explaining his request. Motion was made by Councilman Taylor seconded by Councilman Link and carried that Mr. Dan Salter be granted approval for an exception to the Condominium Policy to allow only seventeen (17) units rather than a minimum condominium size of twenty-four (24) units. Councilwoman Hughan voted "no" on the motion. ... ...... Planning Director Dorn recommended that the number of units required under the Condominium Policy be studied. The Mayor instructed Staff to prepare a recommendation in regard to reducing the number of minimum condominium units to be re-agendized for Council action on same. ... ..... East & West Side Planning Director Dorn presented and explained a report on Area Studies Eastside and Westside Area Studies. - Eastside Area Study - - ...... Westside Area Study ....... ~ P & R Com. 11/18/80 Oct. Monthly Reports 4497 Discussion was had by Council on the matter. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that the Eastside Area Study be accepted with an amendment to change those parcels fronting on the cul-de-sac portion of East Sixth Street from R2 as indicated on the proposed study to R3. Council- woman Albert voted "no" on the motion. Further discussion was had on the matter regarding alleys acessible from the alley only. Councilwoman Hughan referred to Page 13, 4.b. Motion was made by Councilman Link seconded by Councilman Cunning- ham to consider a change in the previous motion accepting the Eastside Area Study. (The motion was not voted upon.) Motion was made by Councilman Pate seconded by Councilman Link and carried to reconsider the previous motion accepting the Eastside Area Study. Councilman Taylor voted "no" on the motion. Planning Director Dorn suggested a change in the wording of 4.b, Page 13. Council concurred. Motion was made by Councilwoman Hughan seconded by Councilman Link and carried to add the following modification to Staff reconmendation 4.5 to state that "all units shall have a direct access and identification to the street", approving the Eastside Area Study as amended to include the change of those parcels fronting on the cul-de-sac portion of East Sixth Street to R3. Discussion was had on the proposed Westside Area Study. Motion was made by Councilwoman Hughan seconded by Councilman Pate and carried that the Westside Area Study be approved as recommended with the modi- fication to 4.b stating that "all units shall have a direct access and identification to the street" as approved in the Eastside Area Study. Councilman Link voted "no" on the motion. Motion was made by Councilman Pate seconded by Councilman Link and carried that the three (3) Staff recommendations in the Planning Department Memorandum, dated October 24, 1980, be approved. The Minutes of the Parks and Recreation Commission Meeting of November 18, 1980, were noted. City Administrator Wood presented the Summary of Monthly Reports of October, 1980. Councilman Link inquired of the figures of water consumption which indicates less water pumped this year than last year at the same period, but the City consumption is doubled what it was a year ago. City Administrator Wood noted that he would check the figures and report back to Council on same. Disbursements The Report of Disbursements from November 1, 1980, through November 30, 1980, was noted. Domestic Sewage City Administrator Wood requested further study on the Report Treatment and Agreement for continued inspection services of the Domestic Sewage Facilities Treatment Facility. """"" Sewer Farm Lands- Walden Prop. ...- 11I"'1 .... City Administrator Wood presented and explained an appraisal report of the Walden Property, noting that same was appraised at $7,800/acre or $390,000.00 for the entire fifty (50) acres, and recom- mended purchasing said property for emergency purposes; funds for same to be from the Domestic Sewer Funds, over a three (3) year period. Discussion was had by Council on the matter. Motion was made by Councilman Link seconded by Councilman Taylor and carried by the following Roll Call Vote that approval be given to proceed with the purchase of the fifty (50) acres of the Walden property for use as emergency industrial and domestic purposes; funds for same to be from the Domestic Sewer Treatment Fund over a three (3) year period. Ayes: Council Members: Link, Pate, Taylor and Goodrich. Noes: Council Members: Albert, Cunningham and Hughan. 4498 Diversion Program re: Certain Crimes (Councilman Link left the Council Chambers at 10:29 p.m.) ..... A report on a proposed Diversion Program for certain crimes was noted and further explained by Police Chief Cowart. (Councilman Link returned at 10:31 p.m., and took his seat at the Council table.) ..... Police Chief Cowart requested authorization for the Mayor to sign a letter in behalf of the City addressed to Supervisor Susanne Wilson (included in the agenda packet) which letter is in opposition ... to the proposed Diversion Program, same not being in the best interests of the public. _ Mr. Bob Meyer, representing the District Attorney's Office, addressed the Council and further explained the Diversion Program noting that the Council should oppose said program. Motion was made by Councilwoman Hughan seconded by Councilman Link and carried that the City strongly opposes the proposed Diversion Program and that the Mayor be authorized to sign a letter on behalf of the Council to Supervisor Wilson to be presented to her at the Board of Supervisor's meeting of December 2, 1980. City Administrator Wood noted that Staff would pursue the Report on a Pre-Arraignment Detention Facility. Pre-Arraignment Detention Status Facility Sa 1 a ry Merit Increases Intrusion Alarms- Reservoirs Res. #80-111 Easement Abandonment Juniper Dr. Res. #80-112 Renaming a Segment of Luchessa Ave. A recommendation to authorize a salary merit increase to Kabine Mara was noted. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that a $200 monthly merit in- crease be granted Kabine Mara as recommended, effective December 1, 1980. Director of Public Works-City Engineer Hansen presented and explained a recommendation for purchase of intrusion alarms for the water reservoirs in the amount of $3,205.00. Motion was made by Councilman Pate seconded by Councilman Link and carried that the City purchase alarms for the reservoirs as recommended and that the 1980 budget be amended for same. I'" ....., re: Director of Public Works-City Engineer Hansen presented and explained a report recommending abandonment of a portion of an ease- ment on Juniper Drive. Motion was made by Councilman Link seconded by Councilman Cunningham that the reading of Resolution No. 80-111 be waived and that it be adopted abandoning a portion of an easement on Juniper Drive. RESOLUTION NO. 80-111 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ABANDONING A PORTION OF A PUBLIC UTILITY EASEMENT ON A PARCEL ON JUNIPER DRIVE. PASSED AND ADOPTED this 1st day of December, 1980, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, TAYLOR and GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE I"'" LINK, PATE, - Director of Public Works-City Engineer Hansen presented a recommendation to rename a portion of Luchessa Avenue from the north- west to the southeast "Rossi Lane", and recommendation to the Board of Supervisors to rename that portion of Luchessa Avenue situated in the County which runs easterly from "Rossi Lane" towards the County Farm Worker Housing Facility to "Southside Drive." IIlI!III Motion was made by Councilman Link seconded by Councilman Cunningham that the reading of Resolution No. 80-112 be waived and .. that it be adopted renaming a segment of Luchessa Avenue to "Rossi Lane" as recommended. r~-- " - .'- , . , County Street LAFCO Policy re:Will iam- son Act Properties Inter-City Council Commissioners Appo i ntments Adjournment - 4499 RESOLUTION NO. 80-112 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY RENAMING A SEGMENT OF LUCHESSA AVENUE "ROSSI LANE." PASSED AND ADOPTED this 1st day of December, 1980, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE Motion was made by Councilman Link seconded by Councilman Cunning- ham and carried that the Board of Supervisors rename that portion of Luchessa Avenue situated in the Countywhich runs easterly from Rossi Lane towards the County Farm Worker Housing Facility to "Southside Drive." City Administrator Wood presented a proposed LAFCO policy restrict- ing inclusion of Williamson Act properties into the Urban Service Area. Discussion was had by Council on the matter. Mr. Sig Sanchez, former member of LAFCO, addressed the Council and concurred with the City's recommendation regarding said policy. Motion was made by Councilman Pate seconded by Councilman Link and carried that the City strongly objects to the proposed LAFCO policy within the City's Urban Service Area or General Plan (which in effect in any actions by LAFCO that pertain to the Urban Service or the City's General Plan Area, that these restrictions will not be included.) City Administrator Wood noted an invitation from the Inter-City Council to the Annual Christmas Dinner at Moffett Field on December 11, 1980. The Mayor reminded Council that replacements or reappointments for Commissioner's terms expiring January 1, 1981, would be made at the next regular Council Meeting of December 15, 1980, and if any Council Member has recommendation on same to notify him. At 11:14 p.m., the Mayor adjourned the meeting. Respectfully submitted,