Minutes 1981/01/19
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Roll Call
Intro. New
Employee
Consent
Calendar
t1i nutes
Ord. #81-2 re:
Prezoning-
Nolte & Assoc.
Ord. #81-3
Rezoning-
J.Smo1en
Ord. #81-4
Rezoning-
Jamina
Investments
4513
January 19, 1981
Gilroy, California
The Regular Council Meeting of the Gilroy City Council was called
to order by His Honor t1ayor Norman B. Goodrich at 8:02 p.m.
Present: Council Members: Sharon Albert, Brian D. Cunningham,
Roberta H. Hughan, Marion T. Link, John E. Pate, Robert E. Taylor and
Norman B. Goodrich.
The Mayor introduced new employee, Romeo Deke1aita, Police Officer.
Motion was made by Councilman Link seconded by Councilman Pate
that the following items under the Consent Calendar be adopted by the
following Roll Call Vote: Ayes: Council t1embers: Albert, Cunningham,
Hughan, Link, Pate, Taylor and Goodrich:
Approved the Minutes of the Regular Council Meeting of January 5,
1981;
Adopted Ordinance No. 81-2 prezoning to M2 (General Industrial) and
HC (Highway Commercial) District, 94.7 and 5.3 acres, respectively, (George
Nolte & Associates), located on the east side of South Valley Freeway
between Pacheco Pass Highway and Luchessa Avenue;
ORDINANCE NO. 81-2
ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY
BY PREZONING A 5.3 ACRE PARCEL AS HC (HIGHWAY COMMERCIAL) DISTRICT AND
94.7 ACRES AS M2 (GENERAL INDUSTRIAL) DISTRICT ADJOINING THE CITY OF GILROY
EAST OF THE SOUTH VALLEY FREEWAY BETWEEN PACHECO PASS HIGHWAY AND LUCHESSA
AVENUE.
PASSED AND ADOPTED this 19th day of January, 1981, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR
and GOODRICH.
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE;
Adopted Ordinance No. 81-3 rezoning a 171.2 acre parcel from IZ
(Interim Zone) and HC (Highway Commercial) Districts to HC PUD (Highway
Commercial) Planned Unit Development District and M2 (General Industrial)
District (Joel Smolen, applicant) located east of South Valley Freeway
between Leaves1ey and Gilman Roads.
ORDINANCE NO. 81-3
ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID
CITY BY REZONING A 171.2 ACRE PARCEL FROM IZ (INTERIM ZONE) AND HC (HIGH-
WAY COMMERCIAL) DISTRICT TO HC PUD (HIGHWAY COMMERCIAL PLANNED UNIT
DEVELOPMENT) DISTRICT AND M2 (GENERAL INDUSTRIAL) DISTRICT EAST OF THE
SOUTH VALLEY FREEWAY BETWEEN LEAVESLEY AND GILMAN ROADS.
PASSED AND ADOPTED this 19th day of January, 1981, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR
and GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE;
Adopted Ordinance No. 81-4 rezoning a 3.14 acre parcel from R1
(Single Family) District to R1 pun (Single-Family) Planned Unit Development)
District (Jamina Investments, applicant) located at 8660 and 8670 t1urray
Avenue.
ORDINANCE NO. 81-4
ORDINANCE OF THE CITY OF GILROY N1ENDING THE ZONING ORDINANCE OF SAID CITY
BY REZONING A 3.14 ACRE PARCEL FROM R1 (SINGLE FAMILY) TO R1 PUD (SINGLE
FArlILY PLANNED UNIT DEVELOPMENT) DISTRICT AT 8660 AND 8670 MURRAY AVENUE,
4514
Pub.Hear. re:
Lyn chi Ker 1 ey
Rezoninq
Pub.Hear. re:
Tent.t1ap-
Geo. No lte
& Assoc.
Heari ng re:
Appeal of
L.Dup1issie
PASSED AND ADOPTED this 19th day of January, 1981, by the fOllowing
vote:
AYES:
COUNCIL ~1H1BERS:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
ALBERT, CUNNINGHAM,
TAYLOR and GOODRICH
NONE
NONE; and
HUGHAN, LINK, PATE,
Set February 2, 1981, as a Public Hearing date on a request of
Bob Lynch/Joe Kerley, et a1 (Sondeno Construction Company), to rezone
from R1 (Single Family) District to C1 PUD (Neighborhood Commercial)
Planned Unit Development and R3 (Low-Density Multiple-Family) Dis-
tricts on eight (8) acres located at the northeast corner of First
Street and r10rey Avenue.
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The Mayor stated that it was the time and place scheduled for
the continued public hearing on a Tentative Map request of George
Nolte and Associates on 138 acres located on the east side of South
Valley Freeway between Pacheco Pass Highway and Luchessa Avenue.
Planning Director Dorn explained the Staff Report previously
presented to Council, January 5, 1981.
Director of Public Works-City Engineer Hansen presented and
explained an additional Staff Report regarding the transportation
issues raised in the hearing on the Tentative Map, January 5, 1981.
The Mayor asked if there was anyone in the audience wishing
to speak on the matter.
Mr. Morey Abraham, representing George Nolte & Associates,
addressed the Council and noted that they are in concurrence with all
of the additional conditions required of the Tentative Map.
The Mayor asked if there was anyone further in the audience
wishing to speak on the matter. There was no comment from anyone in
the audience.
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Motion was made by Councilman Link seconded by Councilman Cun-
ningham and carried that the Public Hearing be closed.
Motion was made by Councilman Cunningham seconded by Councilman
Link and carried that the Tentative Map of George Nolte & Associates
be approved with the conditions in the original recommendations as
amended by the Planning Commission and as amended by the additional
Staff Report regarding the transportation issues received this evening.
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The Mayor stated htat it was the time and place scheduled for
the hearing on an appeal of Mr. Leon Dup1issie regarding Staff's
denial to permit an alcohol still at 184 East Sixth Street, Gilroy.
Fire Chief Brittain presented and explained the Staff Report
recommending denial of said application.
Chief Building Inspector Stewart addressed the Council explain-
ing Staffls recommendations for denial and noting that said operation
would not be allowed in the proposed building.
Mr. Leon Dup1issie, applicant, addressed the Council noting
that he proposed to operate said still outside of the bui1dina and
furhter explained the proposed operation.
The t-1ayor asked if there was anyone further wishing to speak
on the ma tter .
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Mrs. Ida McDuff, 188 East Sixth Street, Gilroy, addressed the
Council objecting to the proposed alcohol still.
The Mayor asked if there was anyone further in the audience
wishing to speak on the matter. There was no comment from anyone in
the audience.
Council discussed the matter.
Pub.Hear. re:
AMD Prezoning
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Res. #81-3
Uvas Creek
Project
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4515
Motion was made by Councilman Taylor seconded by Councilman Cun-
ningham and carried that the request of Leon Dup1issie to operate an
alcohol still at 184 East Sixth Street, Gilroy, be denied.
The Mayor recommended continuing the scheduled Public Hearing to
February 2, 1981, regular Council Meeting on the request of Filice Family
Estate, Ltd., for Advanced Micro Devices prezoning of approximately 223
acres to OS (Open-Space) and M2 PUD (General Industrial) Planned Unit
Development Districts located northwest of Santa Teresa Boulevard between
Uvas Creek and Miller Avenue, to await the Planning Commission's recommenda-
tion to follow their continued Public Hearing of January 26, 1981. Motion
was made by Councilman Link seconded by Councilman Pate and carried that
the Public Hearing be continued to February 2, 1981, as recommended.
Motion was made by Councilman Link seconded by Councilman Taylor
and carried that Staff notify LAFCO requesting continuance of their
February 4, 1981, Public Hearing annexing said territory to their March 4,
1981, meeti ng.
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.
A request of the Santa Clara Valley Water District for support of
the U. S. COrps of Engineers Uvas Creek Project was noted. t1otion was
made by Councilman Pate seconded by Councilman Link that the reading of
Resolution No. 81-3 be waived and that it be adopted supporting the U. S.
Corps of Engineers Uvas Creek Project.
RESOLUTION NO. 81-3
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY SUPPORTING THE U. S. CORPS
OF ENGINEERS UVAS CREEK FLOOD CONTROL PROJECT.
PASSED AND ADOPTED this 19th day of January, 1981, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR
and GOODRICH
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
NOES:
ABSENT:
The following informational items were noted:
Recommendation to commend Art Rodriguez for services rendered;
Commendation to Police Officer Norling;
Notice of Intent to Circulate a Petition re: Zoning and General
Plan Policies;
Invitation for Pacheco Pass Tunnel Tour, Thursday, January 29, 1981,
8:30 a.m.;
Senator Alquist re: Pacheco Pass Project; and
Notice of Hearing before the Public Utilities Commission on January
30, 1981, by the Continental Telephone Company for Telephone Paqing Services
beyond Gilroy boundaries.
Pacheco The Mayor noted the Pacheco Pass Tunnel Tour and requested Council
Tunnel Tour to return the information requested if they intend to attend same.
City Employee Motion was made by Councilman Taylor seconded by Councilman Link
and carried that Mr. Art Rodriguez, City Employee, be commended for
services rendered beyond the call of duty.
Plan. Com. Report The Report of the Planning Commission Meeting of January 8, 1981,
1/8/81 was noted.
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PUD re: Racquet- Planning Director Dorn presented A/S 80-60 for Design Review and
ball Facility approval of a racquetball facility located at the northwest corner of
First Street and Kelton Drive.
4516
Pers. Com.
1/12/81
Gri evance
Res. #81-4 re:
Litter Grant
Moti on \'/as made by Counci 1woman Hughan seconded by Councilman
Link and carried that the PUD Design for a racquetball facility (A/S 80-60)
at the northwest corner of First Street and Kelton Drive be approved as
presented and recommended.
The Report of the Personnel Commission Meeting of January 12,
1981, was noted and further explained by Personnel Director Booth.
Personnel Director Booth explained the recommendation to require
a waiver of the City employees receiving out of classification com-
pensation.
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Motion was made by Councilman Link seconded by Councilman Cun-
ningham and carried that the Personnel Commissionls recommendation to
require a waiver from those employees receiving out of classification
compensation be approved.
A report on a 1980-81 Litter Grant resolution was noted.
(At 9:14 p.m., Councilwoman Hughan left the Council Chambers.)
Motion was made by Councilman Pate seconded by Councilman Link
that the reading of Resolution No. 81-4 be waived and that it be
adopted approving the application for Grant Funds as presented.
RESOLUTION NO. 81-4
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING THE
APPLICATION FOR GRANT FUNDS UNDER THE SOLID WASTE MANAGEMENT ACT OF
1980.
PASSED AND ADOPTED this 19th day of January, 1981, by the following
vote:
AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, LINK, PATE, TAYLOR
and GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBER: HUGHAN ~
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Flammable Liquid Fire Chief Brittain presented and explained a proposal for pro-
Fire Code hibiting manufacture of flammable liquids in residential areas.
Amendment
Adult Book
Stores, etc.
Sewer
Plant
Wheeler Aud.
Project
(At 9:16) p.m., Councilwoman Hughan returned and took her seat
at the Council Table.)
Motion was made by Councilman Pate seconded by Councilman Cun-
ningham and carried that Staff prepare a draft resolution adding an
amendment to the Uniform Fire Code prohibiting the operation of stills
in residential areas as recommended.
The City Attorney presented A Santa Clara County ordinance
regulating adult book stores, movies and cabarets.
Motion was made by Councilwoman Hughan seconded by Councilman
Taylor and carried that the Santa Clara County Zoning Ordinance regu-
lating adult book stores, etc., be referred to the Planning Staff and
Commission for a recommendation on same.
Councilman Taylor commented and requested that the Council
Sewer Advisory Committee be informed of any problems concerning the
Sewer Plant Project as soon as possible.
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Councilwoman Hughan noted interviews of several architectural
firms in regard to the use of Wheeler Auditorium recommending that
the $5,000.00 approved funds be increased an additional $2,500 for
said project.
Motion was made by Councilwoman Hughan seconded by Council-
woman Albert and carried that an additional $2,500 be authorized
for a budget amendment for architectural fees for design of the
Wheeler Auditorium project as recommended. Councilmen Link and Taylor
voted IInoll on the motion.
HCD Funds re:
Ronan/Liman
Aves. Proj.
Jt. Gil./M.H.
Council
Meeting
Adjournment
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4517
Councilman Link reported that HCD Funds for the Ronan Avenue/Liman
Avenue Project have been finalized at $206,000.00 noting that the entire
project has been estimated at $550,000.00 and further recommending that
the City proceed with the formation of an assessment district to fund
the balance of the project.
Motion was made by Councilman Link seconded by Councilman Cunningham
and carried that Staff be authorized to proceed with formation of an
assessment district to provide funds for that portion of the Ronan Avenue/
Liman Avenue Project not covered by HCD Funds.
The Mayor noted the Joint Gilroy/Morgan Hill City Council Meeting,
scheduled for Monday, January 26, 1981, at 6:30 p.m. at Hecker Pass Inn,
420 First Street, Gilroy, and requested Council reservations for same.
Councilmen Cunningham and Link noted that they would be unable to attend
same.
At 9:46 p.m., the Mayor adjourned the meeting.
Respectfully submitted,
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