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Minutes 1981/02/02 4517 February 2, 1981 Gilroy, California The Regular Council Meeting of the Gilroy City Council was called to order by His Honor ~1ayor Norman B. Goodrich at 8:00 p.m. Roll Call Present: Council Members: Sharon Albert, Brian D. Cunningham, Roberta H. Hughan, t1ari on 1. Li nk, John E. Pate, Robert E. Taylor and Norman B. Goodrich. Cert. of Servo The Mayor presented a Certificate of Service to Silvio Da1 Bon, S. Da1 Bon retired Public Works Senior Maintenance. Cert. of Servo The Mayor presented Certificates of Commendation to retired Reserve Police Res. Police Captain David Holdaway and Reserve Polite Lieutenant Gary Batchelder. Messrs. Holdaway and Batchelder, respectively, addressed the Council and thanked them for their continued support. Consent Calendar t10tion was made by Councilman Cunningham seconded by Councilman Link that the following items under the Consent Calendar be adopted by the following Roll Call Vote: Ayes: Council Members: Albert, Cunningham, Hughan, Link, Pate Taylor and Goodrich: t~i nutes Approved the ~1inutes of the Regular Council t1eeting of January 19, 1981; Sa 1 ary Increases Approved Salary Achievement Increases for the fo110winq six (6) City Employees, effective February 1, 1981: Judy Diaz and Lupita Gaeta, Clerk Typists I, Range 22.5 from Step A, $919 to Step B, $966; Bob Cooke, Police Officer, Range P32.5 from Step B, $1,622 to Step C, $1,703; Jose Torres, Multi-Service Officer, Range P30a from Step A, $1,382 to Step B, $1,450; Martin Quiroz, Computer Operator, Range 27 from Step A, $1,14t to Step B, $1,202; and John Garcia, Recreation Supervisor, Range 29 from Step C, $1,391 to Step D, $1,461; Appeal re: Kazanjian Rezoning Set February 17, 1981, as a Public Hearing date on an appeal of Jack Kazanjian, Trustee, on decision of Planning Commission denying a request of rezoning on the east side of Eigleberry Street between Second and Third Streets from C1 to C2 District; 4518 Pub.Hear. re: Ind. Growth t1angmt.P1an AlA re:Whee1er Aud. Master Plan Res. #81-5 re: Unif.Fire Code Bids re: Handicap Ramp Proj. 80-10 Set February 17, 1981, as a Public Hearing date for (A/O) 81-1 on an Industrial Growth t1anagement Plan and Ordinance to regulate the rate and location of Industrial Development in the City; Approved authorization to hire the firm of Martin Garfinkel and Associates, architect for Wheeler Auditorium Master Plan; and Adopted Resolution No. 81-5 readopting the 1979 Uniform Fire Code with modifications to permit Safe and Sane Fireworks and to prohibit manufacture of flammable liquids in residential areas. ....... j . i I '...., RESOLUTION NO. 81-5 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY READOPTING FIRE CODE, 1979 EDITION, WITH t.10DIFICATIONS TO PER~1IT "SAFE AND SANEII FIREWORKS AND TO PROHIBIT MANUFACTURE OF FLAr1MABLE LIQUIDS IN RESIDENTIAL AREAS. PASSED AND ADOPTED this 2nd day of February, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NONE . NONE i NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Noted report of bids received for the Handicap Ramp Project 1980-10 recommending award of same to Cunningham, Inc. in the amount of $38,950.00. Motion was made by Councilman Link seconded by Councilwoman Hughan and carried that the bid of Cunningham, Inc. in the amount of $38,950.00 be awarded as recommended. Bids re: Termite Noted a report of bids received for termite control at the Control - Com- Community Center recommending award of same to B & T Pest Control munity Ctr. Company in the amount of $4,480.00. i"""! Motion was made by Councilman Pate seconded by Councilman Link and carried that the bid of B & T Pest Control Company in the amount of $4,480.00 be awarded as recommended. .... Bids re:Fence @ Noted a report of bids received for a Maintenance Yard fence Las Animas Pk. at Las Animas Park recommendinq award of same to Central Fence Com- pany in the amount of $3,760.00. Pub.Hear. re: Rezoning- Lynch/Kerley t1otion was made by Councilman Link seconded by Councilman Cunningham and carried that the bid of Central Fence Company in the amount of $3,760.00 be awarded as recommended. The Mayor stated that it was the time and place scheduled for a public hearing on a rezoning request of Bob Lynch/Joe Kerley, et a1, from R1 (Single-Family) District to R3 (Low-Density t1ultip1e- Family) District and C1 PUD (Neighborhood Commercial) Planned Unit Development District located at the northeast corner of Morey Avenue and First Street, on approximately eight (8) acres. Planning Director Dorn presented and explained the Staff Report for same. The Mayor asked if there was anyone in the audience wishing to speak on the proposal. Mr. Phil Sondeno, representing the applicant, addressed the Council and noted his presence to answer questions regarding the rezoning request, and further noted that the applicants are in agree- ment with the Planning Co~missionls recommendations. """"" . I ...... The t1ayor asked if there vIas anyone further in the audi ence wishing to speak on the rezoning matter. There was no comment from anyone in the audience. Motion was made by Councilman Cunningham seconded by Councilman Taylor and carried that the Public Hearing be closed. Pub.Hear. re: AMD Prezoning ",.... t i ...... 1- ! ...... -- , I I ...... 4519 Motion was made by Councilman Cunningham seconded by Councilman Taylor and carried that a proposed ordinance be introduced, the reading waived and that it be published by title and summary approving the rezoning request. The Mayor stated that it was the time and place scheduled for a Public Hearing on a prezoning request of Filice Family Estate, Ltd. for Advanced Micro Devices on approximately 223 acres located northwest of Santa Teresa Boulevard, between Uvas Creek and Miller Avenue, to OS (Open Space) and M2 PUD (General Industrial) Planned Unit Development Districts. Planning Director Dorn presented and explained the Staff Report. A report and recommendation of the Planning Commission Meeting of January 26, 1981, regarding this application was noted. Response to comments received January 26, 1981, were also noted. Council discussed the mitigating measures recommended by Staff and the Planning Commission. The Mayor noted that anyone wishing to speak would be entitle to a maximum of five (5) minutes and requested those wishing to speak to proceed. The fOllowing persons addressed the Council in favor of the proposal. Mr. Bob Saks, representing AMD, addressed the Council noting the seventeen (17) mitigating measures in the Staff Report further explaining same. Mr. George Scalise, Vice President of AMD, addressed the Council and explained the proposed campus setting. Mr. John Filice Jr., representing the property owners, addressed the Council recommending that the Council adopt a general statement indicating that mitigation is available relative to the impacts that are stated in the report. He further noted that an additional thirty-three (33) acres would be deleted from the proposal when the County of Santa Clara acquires a portion of Uvas Parkway which is expected to be recorded this week. He further recommended that the Council adhere to the existing time lines in regard to development of that property which is five (5) years. tk. Bob Voorhees, representing IICoa1ition for Progressll, addressed the Council and presented petitions containing 3,000 to 3,500 signatures in favor of AMD locating in Gilroy at the proposed site. Mr. A1 McManus, representing the Carpenters in the City, addressed the Council noting that they are in favor of the proposed rezoning. Mr. William McIntosh addressed the Council and noted time and money expended by the Chamber of Commerce and the City in seeking industry locating in Gilroy. Mr. Raul Sosa, community worker with the ~1enta1 Health Department, addressed the Council and spoke in favor of this proposal. Mr. Ted Lake, Secretary-~1anager of the Gi 1 roy Chamber of Commerce, addressed the Council speaking in favor of the proposal. Mr. Steve Covington, representing the Gilroy Fire Fightersl Union, addressed the Council noting their support of the proposed industry locating in Gilroy. Police Officer Vasquez, President of the r,POA, addressed the Council noting the GPOA1s support of the project. Mrs. Petra Torres, Senior Citizen, addressed the Council in favor of the proposed project. 4520 Mr. Rudy Melone, president of Gavi1an College, addressed the Council noting the co11egels support in the proposed industry locating in Gilroy. The fOllowing spoke in opposition to the prezoning application and AMD locating at the proposed site: Mr. A1 Youngworth, addressed the Council representing Mrs. Youngworth, noting inadequacy of the sewer plant to serve said pro- posed industry. Mr. Mario DiFiori addressed the Council and presented al1ed- r-1.J....' ged1y legal problems in regard to the propose prezoning: a) EIR . must evaluate total impact; b) Policy No. re: General Plan not spoken to adequately; c) Potential problem can they be annexed. Mr. Pete Valdez, representing the Center for Employment Train- ing, addressed the Council noting lack of manpower in the City and giving statistics of unemployment in the City, further noting the need for industry in Gilroy. Dr. William Patterson addressed the Council noting that he is for progress but adequate housing must be provided and noted that he believes that AMD should relocate to a different site. Mr. Jim Hursch, representing the District Counsel of the Construction Trades, addressed the Council requesting that the oppo- nents withdraw their petition now being circulated throughout the City. Mr. Alvin H. White, local citizen, addressed the Council noting that he is in favor of the proposal. Mr. Ken Kanamont, resident and landowner, addressed the Council noting that he is neutral and inquired if a financial cost vs. gains had been prepared for this project. Mr. Jim Rogers, 7690 Santa Theresa Drive, addressed the Coun- cil and opposed AMDls proposal noting that same is not good planning and there would be substantial difficulty in providing services. Mr. Steve Wheeler, resident, addressed the Council noting that he is in favor of the proposal. .., .... Mr. F10rentin Gaezar, Tenth and Rosanna Streets, representing himself and residents of the community, addressed the Council in oppo- sition to AMD due to traffic conqestion, pollution, etc. Mr. David Bena, 7185 Yorktown Place, addressed the Council suggesting that the problems be solved prior to industry locating in Gil roy . Mr. Charles Larsen addressed the Council in favor of the pre- zoning and AMD locating at the proposed site. Mr. Bob Saks, representing the applicant, addressed the Coun- cil in regard to the General Plan consistency. Mr. A1 Youngworth addressed the Council and noted that the City is not ready to certify the EIR and recommended further study on growth management and revised EIR of the project in relation to the sewer treatment plant. Dr. William Patterson addressed the Council noting that the Public School System will not benefit from AMD. o Mr. Char~es Larsen addressed the Council and further spoke in favor of the project. Council Members asked questions of Mr. George Scalise and George Nolte and Associates. Motion was made by Councilman Link seconded by Councilman Pate and carried that the Public Hearing be closed. 4521 At 10:33 p.m., the t1ayor declared a recess. At 10:45 p.m., the Mayor reconvened the meeting. Discussion was had by Council on the significance of the mitigating measures. The City Attorney noted that the mitigating measures are prob- lems that must be addressed as the PUD proceeds; guide lines that Staff desires to be viewed and addressed. fIIIIiII"o 1 ! ~ Discussion was had by Council on the matter. Councilwoman Hughan proposed a mitigating measure in regard to schools, by requiring AMD to develop the elementary school site, approxi- mately 200 feet northwesterly of the proposed M1D site to include prelimi- nary site preparation, grading, including rough grading for drainage, building pads and a level area for the parking lot and provision for extension of utilities from AMD site so that the storm drain, sewer and some P. G. & E. utilities would then be available to the school at a minimum cost when they could develop a school site, same not necessarily included in the first phase of development. Discussion was had on the proposed mitigating measure. Councilman Cunningham concurred with said proposed mitigating measure suggested by Councilwoman Hughan. Councilwoman Albert recommended that on Page 46 and 47 of the responses from the Consultants, add lion schools and any changes in the growth management policy should be carried out prior to the project approvalll, and include same as a mitigating measure and that the industries that are building in the City would work together to build school sites and that the School District be the agency to determine the location of same. ... Motion was made by Councilman Pate seconded by Councilwoman Hughan and carried that an item be added to those already recommended by Staff and the Planning Commission, as recommended by the Planning Commission, that any measures which may in the future be applied to industrial develop- ment to help alleviate school impaction, will apply to this proposal. "... I ' , rl , I ...... Motion was made by Councilwoman Albert seconded by Councilman Cunningham that the comment section on Page 46 regarding the response to Santa Clara County to the Consultants for a Report for Jobs and Housing be expanded to include schools in said study which would provide a com- plete analysis of same. Motion failed by the following Roll Call Vote: Ayes: Council Members: Albert, Cunningham and Hughan. Noes: Council Members: Link, Pate, Taylor and Goodrich. Discussion was had by Council in regard to the EIR. Motion was made by Councilman Pate seconded by Councilman Link and carried that the EIR be certified as being complete with the mitigating measures as recommended by the Planning Commission with the one additional item voted upon earlier, same being added to the mitigating measure list; and that in addition, the City Council makes a finding that any items in EIR which have not been mitigated and that cannot be mitigated at some time in the future, a finding and reason for that is that the project will have a beneficial effect on the community by providing needed jobs and providing and creating a better balance of housing and jobs in the community. Motion was carried by the following Roll Call Vote: Ayes: Council Members: Hughan, Link, Pate, Taylor and Goodrich. Noes: Council Members: Albert and Cunningham. t10tion was made by Councilman Link seconded by Councilman Pate and carried that a proposed ordinance prezoning the proposed property be intro- duced, the reading waived and that it be published by title and summary. Councilman Cunningham requested that it be noted for the record that as a Charter City, an elected member of the Council has a right during public hearings to ask officers of the applicant questions on any matter. The motion introducing the proposed prezoning ordinance passed by the following Roll Call Vote: Ayes: Council Members: Hughan, Link, Pate, Taylor and Goodrich. Noes: Council Members: Albert and Cunningham. 4.522 E1 Roble Pk. Award The Mayor responded to Councilman Cunninghamls comment that the Chair feels that a direct question of IIwil1 you build a schoo1?1I (to a zoning applicant) at this time and order of business was out of order and he so rules. At 11:36 p.m., the t1ayor declared a recess and reconvened the meeting at 11:37 p.m. The t1ayor asked if there was anyone present 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 noted a State Environmental Award for E1 Roble Park. o Las AnimasCity Administrator Wood presented a request of Las Animas Technology Tech. Park Park for formation of an improvement district. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that authorization be given to Las Animas Technology to proceed with an engineer for formation of an improvement district as requested. Reports of the South Santa Clara County Housing Development Corporation were noted, specifically, a Quarterly Report dated January 20, 1981, and Chestnut Square Project Report; A letter from Senator Alquist on AMTRAK Services. Motion was made by Councilwoman Albert seconded by Councilman Pate and carried that the City supports the proposal to reopen and bring the terminus back to the City of Gilroy; Fire Retardant Fire Chief report on Fire Retardant Roofs; and Roofs Silver Sput- Temp. Trailer Permit So. S.C.Co. Hous. Dev. Corp. AMTRAK Services A request from the Silver Spur Restaurant was presented for an extension of a trailer permit for security purposes. Council in- quired if said trailer is used as a securi~y trailer or if someone is living within same at all times. Council tabled action on same to determine the status of said trailer. The following informational items were noted: .-' , 1 "",.J Co. Gen. Plan Santa Clara County Intergovernmental Council re: Next Steps on County General Plan. Plan. Com. Report The Report of the Planning Commission t1eeting of January 22, 1/22/81 1981, was noted and further explained by Planning Director Dorn. Buttercup Lane U1ussa11em) Motion was made by Councilwoman Hughan seconded by Council- woman Albert and carried that the modification of A/S Reversion to PUD at Buttercup Lane (~1ussallem) be approved as recommended. The Planning Department Secretarial Procedure was noted as informational. The tabulation of applicants processed by the Planning Depart- ment through 1980 was noted as informational. n ..... Plan. Com. Report The Report of the Planning Commission Meeting of January 26, 1/26/81 1981, was noted as being included under the Public Hearing re: At1D. P & R Com. 1/20/81 Monthly Reports Dec. 1980 The Minutes of the Parks and Recreation Commission Meeting of January 20, 1981, were noted. The Minutes of the Senior Citizensl Advisory Council Meeting of December 16, 1980, were noted. The Summary of the Monthly Reports of December, 1980, was noted. 4523 Uvas Creek Preserve City Administrator Wood presented an amendment to the Uvas Creek Preserve Acquisition Program recommending approval of same. Motion was made by Councilwoman Hughan seconded by Councilwoman Albert and carried that the amendment to the Uvas Creek Preserve Acquisi- tion Program be approved as recommended. Sewage Treat. City Administrator Wood presented a contract amendment for Final Rev. Program Sewerage Treatment Revenue Program recommending approval of same. ,tIlIli&"'"".'4 Motion was made by Councilman Pate seconded by Councilman Link and carried that the Contract AMendment for Final Seweraqe Treatment Revenue Program as submitted be approved as recommended. - Pol i ce Dept. A report on Police Department statistics for 1980 was noted and further explained by Police Chief Cowart. Res. #81-6 re: Motion was made by Councilman Link seconded by Councilman Pate that Pre-Arraign- the reading of Resolution No. 81-6 recommending developing a Pre-Arrai9nment ment Deten- Detention Facility be adopted as presented. ti on Facil ity RESOLUTION NO. 81-6 RESOLUTION OF THE CITY COUNCIL OF THE CITIES OF GILROY AND t10RGAN HILL, RECOMMENDING THE SANTA CLARA COUNTY BOARD OF SUPERVISORS, COUNTY EXECUTIVE, AND SHERIFF TO DEVELOP A PRE-ARRAIGNMENT DETENTION FACILITY FOR ENFORCE- MENT AGENCIES SERVED BY THE GILROY-~1ORGAN HILL MUNCIIPAL COURT. PASSED AND ADOPTED this 2nd day of February, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE - ! Walden Property Director of Public Works-City Engineer Hansen presented a report and recommendation of certain actions to improve the Walden property for use and to include a $38,000.00 budget amendment for same. - Motion was made by Councilman Link seconded by Councilman Pate and carried that the recommendations for improvement of the Walden Property in the amount of $38,000.00 be approved as submitted. Councilwoman Hughan voted IIno" on the motion. Uvas Creek Project Levee City Administrator Wood reported that a Uvas Creek Levee Project Hearing has been scheduled at the City Council Chambers on February 4, 1981, at 7:30 p.m., and invited Council to attend same to support the project. City/School Liaison Committee City Administrator Wood noted a scheduled City/School Liaison Committee Meeting on February 10, 1981, at 3:30 p.m. at the City Hall and noted that Counci1members Cunningham and Taylor and Himself are the City Committee Members. Adjournment At 11:55 p.m., motion was made by Councilman Link seconded by Councilman Pate and carried to adjourn to Tuesday, February 17, 1981, at 8:00 p.m. (February 16, 1981, being a legal holiday). - Respectfully submitted, -- ~U4~ c~rk4~