Minutes 1982/04/05
4712
Ro 11 Ca 11
Intro. New
Emp 1 oyee
Consent
Calendar
Minutes
Salary
Increases
Ord. #82-10
Economic Dev.
Ord.
Ord. #82-11
Man te 11 i
Prezoning
Ord. #82-12
Schaal Re-
zoning
Apri 1 5, 1982
Gil roy, Cal i forni a
The Regular Meeting of the Gilroy City Council was called to
order by His Honor Mayor Norman B. Goodrich at 8:01 p.m.
Present: Council Members: Sharon A. Albert, Donald F. Gage,
Roberta H. Hughan, Marion T. Link, Pete Valdez, Jr. and Norman B.
Goodrich. Absent: Council Member: Robert E. Taylor.
The Mayor introduced new employee Helen Lotito, Clerk Typist
I, Department of Public Works.
I.....
, '
Motion was made by Councilman Link seconded by Councilman Valdez ...
that the following items under the Consent Calendar be approved by the
following Roll Call Vote: Ayes: Council Members: Albert, Gage, Hughan,
Link, Valdez and Goodrich. Absent: Council Member: Taylor.
Approved the Mintues of the Regular Council Meeting of March
15, 1982;
Approved Salary Achievment Increases for the fOllowing three (3)
City Employees, effective April 1, 1982: Nancy McDonald, Plan Review
Technician, Range 35.5 from Step D, $2,232 to Step E, $2,343; Charles
Ellevan, Police Officer, Range 32.5 from Step D, $2,180 to Step E,
$2,289; and Guadalupe Casteneda, Groundskeeper I, Range 27 from Step
B, $1,339 to Step C, $1,405;
Adopted Ordinance No. 82-10 an Economic Development Ordinance
(City Administrator noted a change on Page 8, line 22, the word "with"
to "withi n."
ORDINANCE NO. 82-10
AN ORDINANCE ADDING CHAPTER 8A, RELATING TO ECONOMIC DEVELOPMENT,
CONSISTING OF TITLE I, INDUSTRIAL DEVELOPMENT FINANCING, AND TITLE 2,
ECONOMIC DEVELOPMENT FINANCING, TO THE GILROY CITY CODE; PROVIDING
WITH RESPECT TO TITLE 2 FOR THE CITY OF GILROY ECONOMIC DEVELOPMENT
FINANCING LAW AUTHORIZING THE ISSUANCE OF REVENUE BONDS TO PROVIDE
FUNDS FOR THE ACQUISITION OF FACILITIES BY COMPANIES; REGULATING THE
ISSUANCE OF SAID BONDS; AND PROVIDING FOR THEIR PAYMENT AND THE RIGHTS
AND REMEDIES OF BONDHOLDERS THEREOF.
PASSED AND ADOPTED this 5th day of April, 1982, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, VALDEZ and
GOODRI CH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBER: TAYLOR;
~
-
Adopted Ordinance No. 82-11 prezoning 97.449 acres to R1 PUD
(Single Family) Planned Unit Development District and RH (Hillside)
District located northwest of Mantelli Drive, Bert Mantelli, applicant.
ORDINANCE NO. 82-11
ORDINANCE OF THE CITY OF GILROY M1ENDING THE ZONING ORDINANCE OF SAID
CITY BY PREZONING A 97.4 ACRE PARCEL ADJOINING THE CITY OF GILROY AT
THE WESTERN TERMINUS OF MANTELLI DRIVE, WEST OF MOREY AVENUE, AS RH
(RESIDENTIAL HILLSIDE) DISTRICT AND R1 PUD (SINGLE FAMILY RESIDENTIAL
PLANNED UNIT DEVELOPMENT) DISTRICT.
PASSED AND ADOPTED this 5th day of April, 1982, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, VALDEZ and
GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBER: TAYLOR;
~
,
.......
Adopted Ordinance No. 82-12 rezoning approximately 132 acres
from Rl (Single Family) District to Rl PUD (Single Family) Planned Unit
Development District, located on Morey Avenue, north of Mantelli Drive,
Ted Schaal, applicant.
ORDINANCE NO. 82-12
ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID
CITY BY REZONING A 132 ACRE PARCEL NORTH OF MANTELLI DRIVE AND ON THE
WEST SIDE OF MORE AVENUE FROM Rl (SINGLE FAMILY RESIDENCE) DISTRICT TO
Pub.Hear. re:
G. Brem-Wms. ,
Act Contract
Minutes
"......
Budget
..... Amendment
4713
Rl PUD (SINGLE FAMILY RESIDENCE PLANNED UNIT DEVELOPMENT) DISTRICT.
PASSED AND ADOPTED this 5th day of April, 1982, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, VALDEZ and GOODRICH
NOES: COUNCI L MEMBERS: NONE
ABSENT: COUNCIL MEMBER: TAYLOR;
Set April 19, 1982, as a Public Hearing date for consideration to
candel a Williamson Act Contract on application of Glenn and Muriel Brem;
Approved the Minutes of the Adjourned Regular Council Meeting of
March 22, 1982;
Approved a 1981-82 Budget amendment (2900, 2300 & 1400) as recom-
mended;
Obata Ind. Pk. Approved an agreement conveying ownership of gas facilities to
P. G. & E. re: Obata Industrial Park Assessment District;
Def. Dev. Agree.- Approved a Deferred Development Agreement for Las Animas Technology
Las Animas Park, Tract 7190.
Tech. P k.
Bids re:
Forest St. Pk.
Bids re: Handi-
cap Ramp Proj.
1982-3
,-
......
City Administrator Wood presented a report and recommendation to
award the bid of Jim Barreras Concrete in the amount of $3,452.00 for
curb improvements at Forest Street Park.
Motion was made by Councilman Link seconded by Councilman Gage and
carried that the bid of Jim Barreras Concrete in the amount of $3,452.00
be awarded for curb improvements at Forest Street Park as recommended.
Director of Public Works-City Engineer Hansen presented and explained
a report and recommendation to award the bid of Ambo Concrete in the amount
of $14,000.00 for the Handicap Ramp Project 1982-3 (HCD) for 29 ramps.
Motion was made by Councilwoman Hughan seconded by Councilman Link
and carried that the bid of Ambo Concrete in the amount of $14,000.00 be
awarded for the Handicap Ramp Project 1982-83 (HCD) for 29 ramps as
recommended.
Las Animas Tech. It was noted that the Report of bids re: Las Animas Technology Park
Pk. Bids Assessment District Improvement WQuld be presented under the Public Hearing
for sai d Di stri ct.
City Auction
Hearing re:
Fence Var.-
T. Bennett
""",.
--
A report on the City Auction held March 27, 1982, was noted.
The Mayor stated that it was the time and place shceduled for the
continued Grievance Hearing on the decision of the Planning Commission
granting a fence variance to Tabbetha Bennett on property located at 435
Victoria Drive~
The Staff Report on same was noted.
The Minutes of March 15, 1982, Council action on said matter was
noted.
A letter from the adjacent property owner, Mr. Antonio Valdez, was
noted protesting the variance granted.
The Mayor asked if there was anyone present in the audience wishing
to speak on the matter.
Mr. Bryce Bennett, addressed the Council and offered a compromise
to move the fence back seven (7) feet from its present location and reduce
the inside patio by 217 sq. ft. with work to be completed by an independent
contractor and paid by the City.
Mr. Antonio Valdez addressed the Council and noted that he would
not accept the compromise of Mr. Bennett.
Discussion was had on the matter by Council.
4714
Motion was made by Councilman LInk seconded by Councilman Gage
and not carried by the following Roll Call Vote that the Planning Com-
mission and Architectural & Site Control Advisory Committee's recom-
mendation be upheld. Ayes: Council Members: Gage, Link and Goodrich.
Noes: Council Members: Albert, Hughan and Valdez. Absent: Council
Member: Taylor.
Motion was made by Councilwoman Hughan seconded by Councilman
Valdez and not carried by the fOllowing Roll Call Vote to accept Mr.
Bennett's compromise to allow moving the fence back seven (7) feet
from its present location; work to be completed and paid for by the
City. Ayes: Council Members: Hughan and Valdez. Noes: Council
Members: Albert, Gage, Link and Valdez. Absent: Council Member:
Taylor.
~
I
....
Motion was made by Councilman Gage seconded by Councilman Link
and not carried by the following Roll Call Vote to accept the Planning
Commission's decision. Ayes: Council Members: Gage, Link and Goodrich.
Noes: Council Members: Albert, Hughan and Valdez. Absent: Council
Member: Taylor.
Motion was made by Councilman Valdez seconded by Councilwoman
Albert and carried by the fOllowing Roll Call Vote to continue the
matter to the next regular Council Meeting of April 19, 1982, to
attempt to obtain a majority vote on the matter. Ayes: Council Mem-
bers: Albert, Hughan, Valdez and Goodrich. Noes: Council Members:
Gage and Link. Absent: Council Member: Taylor.
Motion was made by Councilwoman Hughan seconded by
Valdez and carried that an Executive Session be scheduled
voting on the matter at the next regular Council Meeting.
Members Gage and Link voted "no" on the motion.
Councilman
pri or to
Counc il
Las Animas Tech. The Mayor stated that it was the time and place scheduled for
Pk. Assess. a Public Hearing re: Las Animas Technology Park Assessment District.
Dist. He noted that notices had been posted, published and mailed pursuant
to law and the certificates and affidavits of posting, publishing and
mailing were on file in the office of the City Clerk. He noted that
this hearing is a hearing on the Engineer's Report prepared pursuant
to the provisions of the Gilroy City Code.
The Mayor noted that the Engineer's Report prepared by the
Engineer consists of plans and specifications of the proposed improve-
ments, maps and descriptions of the lands and easements to be acquired,
the Engineer's statement of the itemized and total estimated cost
and expenses of the acquisitions and improvements, including the inci-
dental expenses in connection therewith, a diagram showing the assess-
ment district and the boundaries and dimensions of the respective sub-
divisions of land within the district and an assessment in accordance
with benefits. He noted that anyone of these items may be the subject
of protests or endorsements.
.-llIl\
-
The Mayor noted that all written protests to be computed in the
protests percentage should have been filed with the Ctiy Clerk on or
before 8:00 o'clock p.m. He noted that protests or endorsements may
be made by any person interested, but only written protests filed by
the owners of the property may be considered in determining the per-
centage of protests.
He asked those wishing to speak to clearly identify himself and
the property owned by him so that their statements may be correctly
recorded.
...
, ,.!
,
;
...,J
He declared the hearing open and asked the City Clerk to report
on the various notices given in connection with the hearing.
The City Clerk noted that all notices had been posted, published
and mailed as required by the Gilroy City Code; that affidavits and
certificates of posting, publishing and mailing were on file in her
office. She noted that a copy of the Engineer's Report prepared by
the Engineer was filed in her office on February 16, 1982, and has
been open to public inspection since that time.
Mr. Ralph Nofield, Engineer of Work presented the following testi-
mony as to the assessment district containing all of the evidence
4715
necessary for the determination of benefits:
"I, Ralph Nofield, am an Associate with the Firm of Reimer Associates
of Burlingame, California. Including the last four and one-half years
spent with the Reimer firm, I have a total of over twenty years of consult-
ing engineering experience, which includes numerous assessment district
assignments. MY qualifications and credentials include graduation and a
degree from the University of California and subsequent professional
registration as a civil engineer in four states including California.
....
I have been assigned as the Project Principal and Engineer of Work
for the Las Animas Technology Park Assessment District. In this capacity
I have directed the engineering efforts and was actively engaged in these
assessment district proceedings.
ifili"""<
The boundaries of the Las Animas Technology Park Assessment District
incorporate some 171 acres in the City of Gilroy. The assessment district
is bounded on the north by Leavesley Road, on the east by the lands of
Mary Coleman, on the south by Gilman Road and on the west by Highway 101.
The proposed improvements include the installation and construction
of streets, curbs, gutters, driveways, handicap ramps, street lights,
storm drainage facilities, sanitary sewers, water main and services, fire
hydrants, joint utility trench, electric duct and boxes, telephone duct
and boxes, improvements to an existing water well, traffic signals, street
trees and landscaping including irrigation lines, decorative fountain and
signing. These improvements will be installed on Arroyo Circle, from
Leavesley Road to Camino Arroyo, the southerly 630 feed of Camino Arroyo
from Gilman Road northerly to its intersection with Arroyo Circle, and
the northerly portion of Camino Arroyo as a cul-de-sac from Arroyo Circle
running southerly some 600 feet. These improvements are completely de-
tailed on the plans prepared by Reimer Associates for this project and on
file with the City of Gilroy.
--
The proposed method of spreading assessments uses a combination of
both lot frontage and net area to distribute costs in proper proportion
to benefits received. The total project costs have been spread to each
parcel to properly reflect benefits received according to the criteria and
rules for spreading assessments prepared by the Engineer of Work for this
project. The cost of all street work including paving, curbs, gutters,
median, street trees, street grading, street lights and pedestrian pathways
will be spread on a front footage basis to lots fronting on the proposed
new streets. The cost of all other improvements including water, sanitary
sewer, storm drainage, electric and telephone work, gas lines, and traffic
signals will be spread on a net area basis to all parcels within the assess-
ment district. The cost of incidental expenses, including engineering,
legal fees, bond discount and reserve funds will be distributed in pro-
portion to the relative frontage and acreage costs.
,I/IfIIII1I"'Jl,
On the basis of my past experience and my knowledge of the conditions
within the proposed assessment dis,trict, it is my belief that the various
properties within the district will benefit in an amount equal to or greater
than the proposed assessments. It is my further opinion that the amount
of the assessment on each parcel properly rej1ects the benefits to be
derived by that parcel and is fair and equitable. Only those properties
receiving special benefit from the proposed improvements have been included
within the assessment district, and no properties receiving special benefit
therefrom have been omitted. The assessment formula is reasonable, fair,
and equitable and the resulting assessments are in proportion to the
special benefit which the assessed properties will receive.
""",...
I
Upon completion of this construction, the seventeen parcels within
the District will be provided with paved streets, complete water, sewer
and storm drainage facilities, landscaping and electric and telephone
service. These improvements will permit use of this property to change
from agricultural to high technology industrial development.
.....
On March 30, 1982, a total of twelve bids were received by the City
for the construction of these improvements. The bids ranged from a low of
$2,609,141.85 to a corrected high of $3,120,779.75. The Engineer's Estimate
for this work was $3,153,887.50. The Zow bid was received from the Eilert
Construction Company of Gilroy. A construction contract award is appro-
priate upon receipt and acceptance of the necessary improvement bond
financing. Based on the low bid, it will be possible to reduce the cost of
this assessment district from $5,756,300, as preliminarily approved, to a
reduced amount of $4,963,000.00. This reduction will effectively reduce the
4716
assessments reported to each of the benefiting properties by approxi-
mately 13.5%.
This presentation has been reduced to writing and a copy there-
of together with all maps, plats and exhibits referred to during this
presentation are hereby filed with the City Clerk and made a part of
the record of these proceedings.
This completes my report and recommendations as Engine~r of Work.
Respectfully submitted,
Ralph J. Nofield
RCE No. 13508"
....,
--
Director of Public Works-City Engineer Hansen presented the
fOllowing report on bids:
NAME
Eilert Construction Co., Gilroy California
Samuel R. Spencer, Santa Clara, California
Raish Construction, Mt. View, California
Swengel Robbins, Scottsdale, Arizona
Granite Construction, Watsonville, California
Grade Way Construction Co., Fremont, California
Galeb Paving Inc., Saratoga, California
Piazza Construction Co., San Jose, California
Con Ex Co. Inc., San Jose, California
Lee's Paving Inc., Goshen, California
J. E. McAmis, Chico, California
Design Building Systems, Newark, California
AMOUNT
$2,616,000.00
$2,633,382.60
$2,641,757.00
$2,649,589.00
$2,670,318.00
$2,694,431.80
$2,727,133.75
$2,769,082.05
$2,815,976.00
$2,842,372.25
$3,050,921. 15
$3,059,618.10
Director of Public Works-City Engineer Hansen recommended that
the second low bid be awarded to Samuel R. Spencer following Awarding
the Sale of Bonds on April 13, 1982, in the amount of $2,633,382.60
noting that the low bid of Eilert Construction Company, was not in
accord with the requirements of the specifications.
~
Mr. Joel Smolen, Las Animas Technology Park, addressed the Coun-
cil noting that they are in accord with Staff recommendations.
-
The City Clerk noted that no written protests against the project
had been received.
The City Clerk noted that no written endorsements of the project
had been received.
Mr. Paul Eilert, 17092 Shady Lane Drive, Morgan Hill, addressed
the Council regarding his bid.
The Mayor asked if there was anyone further in the audience wish~
ing to speak on the matter.
Mr. Dennis Finnigan, 7237 Carr Place, Gilroy, representing Eilert
Construction Co. as Estimator for the project, addressed the Council re-
garding their bid.
Director of Public Works-City Engineer Hansen gave a report on
the bidding process.
Mr. Paul Eilert, addressed the Council and gave the history of
his company.
Mr . Samuel R. Spencer addressed the Council recommendi ng that
Council follow the requirements of the City's specifications for this
!1roject.
There being no further persons present in the audience wishing to
speak on the matter, motion was made by Coucnilman Link seconded by Coun-
cilwoman Hughan and carried that the Public Hearing be closed.
Mr. Philip D. Assaf, Bond Attorney for the City, addressed the
Council and explained the City's position of liability on the project.
He presented the following resolutions for Council consideration.
~.
iJ
Res. #82-42
,......
.... Res. #82-43
Res. #82-44
--
.....,
Res. #82-45
Pub.Hear. re:
EIR & Tent.
Map-Ind. 20
Ventures
,.,..
I
,
...
4717
Resolution No. 82-42, A Resolution Overruling Protests on Resolution
of Intention No. 82-13, as amended, was read. On motion of Councilman Link,
seconded by Councilwoman Hughan and unanimously carried, said Resolution
was adopted.
RESOLUTION NO. 82-42
A RESOLUTION OVERRULING PROTESTS ON RESOLUTION OF INTENTION NO. 82-13, AS
AMENDED-LAS ANIMAS TECHNOLOGY PARK ASSESSMENT DISTRICT.
PASSED AND ADOPTED this 5th day of April, 1982, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, VALDEZ and GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBER: TAYLOR
Resolution No. 82-43, A Resolution Ordering Reduction of Assessments
was read. On motion of Councilman Link seconded by Councilwoman Hughan and
unanimously carried, said Resolution was adopted.
RESOLUTION NO. 82-43
A RESOLUTION ORDERING REDUCTION OF ASSESSMENTS LAS ANIMAS TECHNOLOGOY
PARK ASSESSMENT DISTRICT.
PASSED AND ADOPTED this 5th day of April, 1982, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, VALDEZ and GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBER: TAYLOR
Resolution No. 82-44, A Resolution and Order Adopting Engineer's
Report, Confirming the Assessment and Ordering the Work and Acquisitions,
was read. On motion of Councilman Link, seconded by Councilwoman Hughan
and unanimously carried, said Resolution was adopted.
RESOLUTION NO. 82-44
A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT
AND ORDERING THE WORK AND ACQUISITIONS - LAS ANIMAS TECHNOLOGY PARK ASSESS-
MENT DISTRICT.
PASSED AND ADOPTED this 5th day of April, 1982, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, VALDEZ and GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBER: TAYLOR
Resolution No. 82-45, A Resolution Designating Collection Officer,
was read. On motion of Councilman Link, seconded by Councilwoman Hughan
and unanimously carried, said Resolution was adopted.
RESOLUTION NO. 82-45
A RESOLUTION DESIGNATING COLLECTION OFFICER - LAS ANIMAS TECHNOLOGY PARK
ASSESSMENT DISTRICT.
PASSED AND ADOPTED this 5th day of April, 1982, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, VALDEZ ann GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBER: TAYLOR
The Mayor stated that it was the time and place scheduled for a
Public Hearing to consider an EIR and Tentative Map request of Industrial
Twenty Ventures, applicant, for an Industrial Subdivision of fourteen (14)
lots on property zoned M2 (General Industrial) District on approximately
20 acres, located east of the South Valley Freeway, immediately south of
Luchessa Avenue at Obata Way and Mayock Road.
Planning Director Dorn presented and explained the Staff Report.
The Mayor asked if there was anyone present in the audience wishing
to speak for or against the matter.
Mr. Joel Smolen, adjacent property owner, addressed the Council and
inquired about the landscaping requirements for this project.
Mr. Wayne Couch, General Partner, addressed the Council and noted
that the landscaping plans for the project are premature at this time.
Planning Director Dorn noted that landscaping will be required
through the Zoning Ordinance and Landscaping Policy of the City.
4718
Res. #82-46
Certi fyi ng
EIR
Res. #82-47
Tent. Map
Pub.Hear. te:
Numeri cal
L imi ts-RDO
Res. #82-48
Numerical
Limits
Motion was made by Councilman Link seconded by Councilman Gage
and carried that the Public Hearing be closed.
Councilman Link requested that the EIR be corrected on Page 26
re: combined sewage flow, noting that as of September 1981 same was
3.58 MGD with Gilroy using 2.02 MGD.
Councilwoman Albert requested that the EIR be corrected on Page
33, No.3 under Section 5.5 changing "City" to "Developer" and No.5
under Section 5.5 changing "City" to "Develop".
Motion was made by Councilman Link seconded by Councilwoman
Hughan that the reading of Resolution No. 82-46 be waived and that it
be adopted certifying the EIR as corrected.
~
II
,
--
RESOLUTION NO. 82-46
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CERTIFYING THE ENVIRON-
MENTAL IMPACT REPORT FOR A 14 LOT INDUSTRIAL SUBDIVISION ON 20 ACRES ON
THE EAST SIDE OF THE SOUTH VALLEY FREEWAY IMMEDIATELY SOUTH OF LUCHESSA
AVENUE AT OBATA WAY AND MAYOCK ROAD.
PASSED AND ADOPTED this 5th day of April, 1982, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN~ LINK, VALDEZ and GOOD-
RICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBER: TAYLOR
Motion was made by CoUncilman Link seconded by Councilman Valdez
that the reading of Resolution No. 82-47 be waived and that it be
adopted approving the Tentative Map to include the mitigating measures
as recommended.
RESOLUTION NO. 82-47
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING A TENTATIVE
MAP FOR A 14 LOT INDUSTRIAL SUBDIVISION ON 20 ACRES ON THE EAST SIDE
OF THE SOUTH VALLEY FRED-JAY , IMMEDIATELY SOUTH OF LUCHESSA AVENUE AT ,~
OBATA WAY AND MAYOCK ROAD.
PASSED AND ADOPTED this 5th day of April, 1982, by the following vote: ---
AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, VALDEZ and
GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBER: TAYLOR
The Mayor stated that it was the time and place scheduled for a
Public Hearing to adopt Numerical Limits for Residential Dwelling Units
to be issued building permits for the next subsequent three (3) years,
per the Residential Development Ordinance.
Planning Director Dorn presented and explained the Staff Report.
The Mayor asked if there was anyone present in the audience
wishing to speak on the matter. There was no comment from anyone in the
audience.
Motion was made by Councilwoman HU9han seconded by Councilman
Link and carried that the Public Hearing be closed.
Discussion was had on the matter by Council.
Motion was made by Councilwoman Hughan seconded by Councilman ~
Gdage thdat thebrl~adh~ng oNf Re~01ultLl'?n.No'f82-41988b3elw98a5ived a3n75d tuh~tt it be IU.
a opte , esta 1 s 1 ng umen ca 1 ml ts or - at , nl S per
year as recommended.
RESOLUTION NO. 82-48
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING NU~1ERICAL
LIMITS FOR RESIDENTIAL DWELLING UNITS TO BE ISSUED BUILDING PERMITS FOR
EACH OF THE YEARS 1983, 1984 and 1985.
Pub.Hear. re:
Employment
Limits -
Ord. #81-21
",.-.,
,
I
!
...
4719
PASSED AND ADOPTED this 5th day of April, 1982, by the fOllowing vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, VALDEZ and GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBER: TAYLOR
The Mayor stated that it was the time and place scheduled for a
Public Hearing to adopt new employment limits for industrial development
for the next subsequent three (3)years, per Ordinance No. 81-21,
Planning Director Dorn presented and explained the Staff Report.
The Mayor asked if there was anyone present in the audience wishing
to speak for or against the matter.
Mr. Paul Barrish, Las Animas Technology Park, representing the
Chamber of Commerce, addressed the Council recommending that Council take
no action on the matter until the May 3, 1982, Regular Council Meeting in
order for the Chamber to take an active position on the matter.
Mr. Ted Ringel, addressed the Council noting his amazement that
the City wishes to limit employment if the City encourages industry locating
in the City.
The Mayor asked if there was anyone further in the audience wishing
to speak on the matter.
Mr. Trevis Berry, local industrial developer, addressed the Council
and was opposed to the City placing a limitation on employment.
Motion was made by Councilman Link seconded by Councilman Valdez
and carried that the Public Hearing be continued to May 3, 1982, Regular
Council Meeting to accommodate the Chamber of Commerce's request.
~ Kern Ave. Reorg. The Mayor noted receipt of a petition from T. H. Ringel, et al,
#81-9 requesting reorganization of uninhabited territory to be known as "Kern
_ Avenue Reorganization 81-9" located on the westerly side of Kern Avenue
between Hecker Pass Highway and Tatum Avenue, containing 16.885 acres.
The Mayor noted that the Local Agency Formation Commission approved this
reorganization of territory on March 10, 1982, and that the petition con-
tains 100% consent of the property owners.
Motion was made by Councilwoman Hughan seconded by Councilman Link
that the reading of Resolution No. 82-49 be waived and that it be adopted
approving annexation and removal from the Rural Fire District.
Res. #82-49
Hecker Pass
",.. 82-1
...
Res. #82-50
RESOLUTION NO. 82-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY PURSUANT TO DIREC-
TION BY SANTA CLARA COUNTY LOCAL AGENCY FORMATION COMMISSION WITH REGARD
TO A REORGANIZATION PURSUANT TO THE DISTRICT REORGANIZATION ACT OF 1965
DESIGNATED AS KERN AVENUE REORGANIZATION 81-9 OF THE CITY OF GILROY.
PASSED AND ADOPTED this 5th day of April, 1982, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, VALDEZ and GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBER: TAYLOR
The Mayor noted receipt of a petition from the Gilroy Country Club
Estates Development Company, Hoey Ranch Company, and B.P.O.E. (Elks Lodge)
requesting reorganization of uninhabited territory to be known as "Hecker
Pass Reorganization 82-1" located on the northerly side of Hecker Pass
Highway, between Burchell Road and ~,1orey Avenue, containing 444.174 acres.
The Mayor noted that the Local Agency Formation Commission approved this
reorganization of territory March 10, 1982 and that the petition contains
100% consent of the property owners.
Motion was made by Councilman Link seconded by Councilman Gage that
the reading of Resolution No. 82-50 be waived and that it be adopted.
RESOLUTION NO. 82-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY PURSUANT TO DIRECTION
4720
S . C. Vall ey
Water Di st.
Res. #82-51
Muster Proj.
Fi re Dept.
Res. #82-52
re: Train
Trip(Sacto)
Arch. & Site
Cont. Adv.
Com.
Falcon Cable
TV
Leavesley &
Murray Sign.
BY SANTA CLARA COUNTY LOCAL AGENCY FORMATION COMMISSION WITH REGARD
TO A REORGANIZATION PURSUANT TO THE DISTRICT REORGANIZATION ACT OF
1965 DESIGNATED AS HECKER PASS REORGANIZATION 82-1 OF THE CITY OF
GILROY.
PASSED AND ADOPTED this 5th day of April, 1982, by the following vote:
AYES: COUNCIL MEMBERS: GAGE, HUGHAN, LINK, VALDEZ and GOODRICH
NOES: COUNCIL MH1BER: ALBERT
ABSENT: COUNCIL MEMBER: TAYLOR
The Mayor deviated from the regular agenda in order to accommo-
date interested persons in the audience.
Mr. John T. O'Halloran, General Manager of the Santa
Water District, addressed the Council requesting support to
Flood Control Benefit Assessment.
,
.....J
Clara Valley
the proposed
Mr. George Korbay, Design Section, addressed the Council in
regard to Uvas Creek Maintenance, and the limits for same. Councilman
Link noted that he recently received a letter in regard to the exact
limits of the proposed maintenance of Uvas Creek and noted that he
would forward a copy to Councilman Gage.
Motion was made by Councilman Gage seconded by Councilman Link
that the reading of Resolution No. 82-51 be waived and that it be
adopted supporting the proposed Flood Control Benefit Assessment.
RESOLUTION NO. 82-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY SUPPORTING THE
BALLOT MEASURE OF THE SANTA CLARA VALLEY WATER DISTRICT.
PASSED AND ADOPTED this 5th day of April, 1982, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, VALDEZ and
GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBER: TAYLOR ~
Mr. Hal Lawrence, Gilroy Fire Department Captain, representing --
the Volunteer Foremen and Executive Board of San Juan Bautista Fire
Department, addressed the Council requesting appointment of two (2)
Council representatives to serve as judges for their ~1uster Project
on May 8, 1982. The Mayor aopointed Council Members Taylor and Albert
for said judges.
Councilwoman Hughan noted that the Buena Vista Travel Agency
has reserved 100 seats for thos interested and that reservations are
to be pai d by April 7, 1982, for the IIGil roy-Sacramento Train Tri p. II
~.10ti on was made by Councilwoman Hughan seconded by Councilwoman
Albert that the reading of Resolution No. 82-52 be waived and that it
be adopted proclaiming IISave the Train Day.1I
RESOLUTION NO. 82-52
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY PROCLAHlING IISAVE
THE TRAIN DAYII, MONDAY, APRIL 26,1982.
PASSED AND ADOPTED this 5th day of April, 1982, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, VALDEZ and
GOODRICH
NOES: COUNCIL ~1H1BERS: NONE ~
ABSENT: COUNCIL MEMBER: TAYLOR I
....,J
A letter from Mr. William E. Robinson resigning from the Arc~i-
tectural & Site Control Advisory Committee was noted. Motion was maqe
by Councilman Link seconded by Councilwoman Hughan and carried that the
letter be accepted. The Mayor noteo that he would appoint a replacement
at the next regular Council Meeting of April 19, 1982.
A letter from Falcon Cable TV in regard to ground pedestals
was noted.
A letter from the State Department of Transportation was noteq
in regard to traffic signalization at Leavesley Road ann Murray Avenue.
Res. #82-53
Neighborhood
Watch Month
,..,
r \
....
Res. #82-54
Victims
Rights Week
,,,,,,.,.,
--
4721
Discussion was had by Council and requested that Staff pursue the
matter requesting an earlier scheduled date for the traffic signalization.
It was noted that there is more foot traffic in the area than reported
by the State and that would be utilized if a traffic signal was installed
at said location.
re: Motion was made by Councilwoman Hughan seconded by Councilman Link
that the reading of Resolution No. 82-53 be waived and that it be adopted
designating April 1982 as "Neighborhood Watch Month" requested by the
Police Chief.
RESOLUTION NO. 82-53
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY RELATIVE TO NEIGHBORHOOD
WATCH MONTH.
PASSED AND ADOPTED this 5th day of April, 1982, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, VALDEZ and GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBER: TAYLOR
re: Motion was made by Councilman Link seconded by Councilman Gage
that the reading of Resolution No. 82-54 be waived and that it be adopted
designating April 18-24, 1982, as "Victims Rights Week', as requested by
the State Attorney ,eneral.
RESOLUTION NO. 82-54
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY RELATIVE TO "VICTIMS
RIGHTS WEEK. II
PASSED AND ADOPTED this 5th day of April, 1982, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, VALDEZ and GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBER: TAYLOR
The following informational items were noted with no separate
discussion on same:
League of California Cities Opinion re: limiting fireworks sales
to non-profit organizations;
Western Manufactured Housing Institute Seminar April 28, 1982;
League of California Cities Legislative Bulletin dated March 24,
1982 ;
Progress Reports of the South Santa Clara County Housing Development
Corp. ;
Local contribution to purchase of "Jaws of Life" equipment for the
Gilroy Fire Department from Gilroy High Student Council and Ms. G. Anderson;
Society for the Preservation and Appreciation of Antique Motor Fire
Apparatus in America, Inc. Newsletter featuring the Gilroy Fire Department.
Plan. Com. Report The Report of the Planning Commission Meeting of March 18, 1982,
3/18/82 was noted.
~
i !
i j
P & R Com.
3/16/82
.... -
Monthly
Reports
Res. #82-55
Concealed
Weapons
The Minutes of the Parks and Recreation Commission Meeting of
March 16, 1982, were noted.
The Minutes of the Senior Citizens' Advisory Council Meeting of
February 16, 1982, were noted.
The Summary of Monthly Reports of February 1982 was noted.
re: City Administrator Wood presented a resolution amending Resolution
No. 80-65 regarding concealed weapon permit fees.
Motion was made by Councilman Link seconded by Councilman Valdez
that the reading of Resolution No. 82-55 be waived and that it be adopted.
4722
PERS
5 Yr. Cap.
Imp. Prog.
Energy Conserv.
& Cogenera-
tion Study
P & R Com.
Task Force
EDA/LPW Grant
Projects
ABAG General
Assembly
School/City
Liaison Com.
RESOLUTION NO. 82-55
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AMENDING RESOLUTION
NO. 80-65 SO AS TO ESTABLISH REVISED CHARGES FOR CONCEALED WEAPON
PER~~ITS .
PASSED AND ADOPTED this 5th day of April, 1982, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, VALDEZ and
GOOORI CH
NOES: COUNCIL ME~1BERS: NONE
ABSENT: COUNCIL MEMBER: TAYLOR
City Administrator Wood presented a report on an Employee n
Election, PERS 2% at 50, noting that a new election for Fire Department I
personnel would be conducted and recommended that an Executive Session ...
be scheduled in regard to the Memorandums of Understand~ng.
Motion was made by Councilman Gage seconded by Councilman Link
and carried that the matter be referred to legal counsel for a report
at an Executive Session at the May 3, 1982, Regular Council Meeting
to determine the City.s position on the Memorandums of Understanding.
City Administrator Wood presented a Report on the Five (5) Year
1982-1987 Capital Improvement Program containing changes by Council
made at their study session of March 22, 1982, and recommending that
the Police Facility Expansion be moved up from the initial year of
1985-86 to begin in the 1983-84 year.
~1ot i on was made by Council man Link seconded by Council man Gage
and carried that the $22,552,038.00 Five (5) Year Capital Improvement
Program be approved as presented to include the recommended changes.
City Administrator Wood presented a letter from SAI Engineers,
Inc., in regard to a Potential Energy Conservation and Cogeneration
Study, noting that there would be a $15,000.00 fee to hire SAI Engi-
neers.
,.-..,
I .
.....
~1otion was made by Councilwoman Hughan seconded by Councilman
Valdez and carried that the Potential Energy Conservation and Cogenera-
tion Study be approved as recommended and that the Budget be amended
in the amount of $15,000.00 for same.
The Mayor noted a recommendation of the Parks and Recreation
Commission for a Task Force to hire an Architect for Uvas Park Preserve
Master Plan and requested that interested persons contact him for
appointment consideration to said Committee.
Director of Public Works-City Engineer Hansen presented a recom-
mendation to finalize accounts with EOA on outstanding balances for
the LPW Grant Projects.
Motion was made by Councilman Link seconded by Councilman Gage
and carried that the budget be amended in the amount of $12,756.00 and
that the outstanding balances for the LPW Grant Projects be paid under
protest.
Councilwoman Albert, ABAG renresentative, reported that she
recently attended the ABAG General Assembly and reported on same,
noting that the City.s assessment will be $832.00.
Councilman Valdez, School/City Liaison Committee representative, ~
reported on a recent meeting noting the need for said committee to ---
meet quarterly and noting that the Committee has recommended that the
City not oroceed with installation of lighting the High School softball
field; that it is believed that the Softball League time schedule will
be alleviated with the South Valley Little League using the facilities
at South Valley High School. Discussion was had on the matter.
Fence Variences Planning Director Dorn noted that an outstanding fence variance
has been approved by the Architectural & Site Control Advisory Committee
and that under the City's procedure, the neighbors have not been notified.
Adjournment
...
4723
.
: Motion was made by Councilwoman Hughan seconded by Councilman Gage
and carried that a six (6) months moratorium be declared on issuance of
,building permits for front yard fence variances.
At 11:00 p.m., motion was made by Councilwoman Hughan seconded by
Councilman Link and carried that the meeting adjourn to Tuesday, April 13,
1982, at 5:00 p.m.
Respectfully submitted,
~~~&z.d~.7.
~ City ClerK