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Minutes 1983/06/06 Ro 11 Ca 11 Intro. New ".. Emp 1 oyees i '- Consent Calendar Minutes Ord. #83-4 re: Barbaglia Rezoning Pub. Hear. - 83-84 Budget Claim - City of M. H. Pub. Hear. re: Vaughan Appeal Annex. Agree. Trinity P 1 as tics GPO A Ci reus Pub. Hea r. re: Tent. t~ap- B. Lynch SV Properties Dev. Agree. Amendment ...... I Budget Amend. .... & Transfer Pub. Hear. re: .J. Fil i ce re- zoning Intro. Ord. re: Sec. 21. 41 n~ Extns. 4881 June 6, 1983 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:03 p.m. Present: Council Members: Sharon A. Albert, Donald F. Gage, Marion T. Link, Robert E. Taylor, Pete Valdez, Jr. and Norman B. Goodrich. Absent: Council Member: Roberta H. Hughan. The Mayor introduced new employees: Grace Gibbs, Police Records Clerk, and Norman Allen, Jr., Civil Engineer. Motion was made by Councilman Link seconded by Councilman Gage and carried by the following Roll Call Vote that the following items under the Consent Calendar be approved excluding Item "E", introduction of ordi- nance amending Section 21.41 (i) and repealing Section 21.41 (j) re: Tentative Map extensions, for discussion by Council: Ayes: Council Members: Albert, Gage, Link, Taylor, Valdez and Goodrich. Approved the Minutes of the Regular Council Meeting of May 16, 1983; Adopted Ordinance tJo. 83-4 rezoning five (5) lots on Royal Way identified as Santa Clara County Assessor's Parcel Nos. 779-44032, 033, 095, 096 and 097 from R2 (Two-Family) District to R3 (Low-Density Multiple- Family) District, Randy Barbaglia, applicant. ORDINANCE NO. 83-4 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING FOVE LOTS ON ROYAL WAY FROM R2 (TWO FAMILY RESIDENTIAL) TO R3 LOW-DENSITY MULTIPLE FAMILY RESIDENCE) DISTRICT. PASSED AND ADOPTED this 6th day of June, 1983, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: HUGHAN; Set June 20, 1983, as a Public Hearin~ date on the 1983-1984 City Budget; Denied a claim from the City of Morgan Hill reqarding recent arbi trati on; Set June 20, 1983, as a Public Hearing date on an appeal of the Planning Commission's decision denying a variance request of George E. Vaughan; Authorized execution of a formal annexation agreement with Trinity Plastics at 375 Ronan Avenue, as presented; Approved a request of the Gilroy Police Officers' Association, Inc., for permission to sponsor a circus; Set June 20, 1983, as a Public Hearing date regarding a Tentative Map request (TM 83-2) for twenty-eight (23) residential townhouse lots on Gaunt Avenue, Bob Lynch, appl i cant;.. Approved a recommendation to amend a development agreement with SV Properties '82, a California Limited Partnership, for Solis Ranch, Tract No. 7406; Approved a request to amend the 1982-1983 Budget (0700, and transfer 2013); and Set June 20, 1983, as a Public Hearing date on a prezoning request of John Filice, et al, applicant, to R1 (Single-Family) District for property located on both sides of Morey Avenue, both sides of Kern Avenue, north of First Street and south of Day Road, on approximately 205 acres. Discussion was had regarding the proposed ordinance amending Sec- tion 21.41 regarding Tentative Map extensions. 4882 Petition - Pacifi c Mobil e Est. Tenants Pub.Hear. re: Zoni ng Ord., Dist. & Maps Motion was made by Councilman Link seconded by Councilman Gage and carried that the reading of the ordinance amending and re- pealing Section 21.41 regarding Tentative Map extensions be waived, introduced and published by title and summary. The r~ayor devi ated from the Regul ar Agenda in order to accom- modate interested persons in the audience. A petition from Mrs. Royal J. Liqht, et al, Pacific Mobile Estates tenants, was noted requesting permission to speak in regard to excessive rent increases in the mobile home park. Mrs. Light addressed the Council and noted that they are not specifically requesting a rent control ordinance but assistance in locating another mobile home park. ..-- I I ....., The Mayor noted that Mr. Ted Schaal, developer, has proposed installation of a new mobile home park in the City of Gilroy. Mrs. Jensen, mobile home park tenant, addressed the Council requesting that the City do give consideration to a rent control ordi nance. The Mayor referred the matter to Staff for a detailed report on what other cities are doing toward rent control and what method is used. The Mayor stated that it was the time and place scheduled for a Public Hearing on complete revision of the City's Zoning Ordinance, Districts, and maps. The Mayor noted a request of the Gilroy Chamber of Commerce to continue this public hearing for sixty (60) days and suggested that the Council hear anyone present and continue same for thirty (30) days. Planning Director Dorn presented and explained the Staff Report ., noting that most of the material was distributed to Council on May 11, 1983. _ The Mayor asked if there was anyone present in the audience wishing to speak on the matter. Mr. David V. Stout, 1331 Fernwood Lane, Gilroy, addressed the Council representing Angelo Ghirlanda, property owner on Lewis and Chestnut Streets, noting that the Planning Commission approved his application regarding the RDO; and Mr. Stout further noted that he represents Mr. Richard Harrison's property located on the southwest corner of Second and Church Streets, opposing R2 zoning proposed for said prooerty. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. Mr. Mike Sheehy, Ruth & Going, A.I.A., 7949-C Wren Avenue, Gilroy, addressed the Council representing Citation Builders and Ar- cadia Development and their property located on Morey Avenue and Day Road, requesting that these properties be removed from the proposed zoning and the property be returned to R1 and Residential Hillside in accordance with the General Plan. ...... 1 ...", Mrs. Joan Harrison, attorney, addressed the Council representing Joseph Mondelli for property located between Old Gilroy and Eighth Streets, requesting the present R1 zoning remain, opposed to R3 pro- posed zoning for said property. She further requested that the General Plan be amended to accommodate the existing zoning and harmonious with the East Side Study. Mr. George Hay, Real Estate Agent, addressed the Council repre- senting Van Vleck Realtors, for Mary Giordano and Rose Silveira, owners of property at 7130 Church Street, recommending that the variance granted. for R2 zoning remain rather than the proposed Rl proposal. He inquired what the Planning Department is proposing for said property regarding square foot limitation. - l.... Contd. Pub. Hear. re: Hazardous Ma t . 0 rd. - ... "".. .... Intro. Ord. 4883 Planning Director Corn noted that there is a provision if the property is in excess of 6,500 sq. ft., two units would be allowed; a new lot would have to be 8,000 sq. ft. The particular lot in question was reported to be 7,120 sq. ft. and the Planning Director noted that said square footage would allow two units. Mr. Tom O'Brien, resident of Leavesley Road on the north side be- tween Monterey Street and Murray Avenue,'addressed the Council opposing the proposed Ml industrial zoning. He stated that he is in accord with commercial zoning., - Mr. Thomas Adams, property owner at 355 Leavesley Road, addressed the Council opposing Ml Zoning proposed for his area. The Mayor asked if there was anyone further in the audience wishing to speak. There was no comment from anyone in the audience. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the Pubiic Hearing be continued to July 18, 1983, at 8:00 p.m. The Mayor stated that it was the time and place scheduled for the continued Public Hearing on the proposed Hazardous Materials Ordinance. Fire Chief Brittain presented and explained the Staff Report and corrections to the guidelines. He noted that follmling adoption of the ordinance, proposed fees for administering the ordinance would be presented to Council for their consideration, noting that same would be a self- supporting program. The Mayor called on Ms. Lorraine Ross, requesting to speak on the proposed brdinance. ' Ms. Lorrain Ross, Silicon Valley Toxics Coalition, 6790 Stephan Court, Gilroy, addressed the Council recommending adoption of the proposed model Hazardous Materials Ordinance as the City's first step, noting that the City needs to continue to protect the City before high technology industry locates in.the City. Mr. John Lattya'k, p6405 . Church Street, Gi 1 roy, addressed the Counci 1 recommending adoption of the model ordinance proposed, recommending that the City not include a "grandfather clause" in its ordinance. He agreed that all high technology industry should be located near the freeways with buffer zones between; not near residences or schools. Mr. David Bena, 718 Yorktown Drive, Gilroy, addressed the Council concerned about the routes trucks will take to any development on Santa Teresa Boulevard. Ms. Terry Galvan, 7225 Yorktown Drive, Gilroy, addressed the Council noting concern of chemicals transported in her area for vehicles enroute to Santa Teresa Boulevard, recommending adopting the proposed model ordi- nance and that the City proceed and go forward with additional preventive measures. The Mayor asked if 'there was anyone further in the audience wishing to speak on the matter. There was no further comment from anyone in the audience. Motion was made by Councilman Link seconded ~y Councilman Taylor and carried that the Public Hearing be closed. Motion was made by Councilman Taylor seconded by Councilwoman Albert and carried that the reading of the oroposed Hazardous Materials Ordinance be waived, that it be introduced and published by title and summary. Councilwo~an Albert noted Councilwoman Hughan's letter in regard to directing Staff to present Council with a proposal on how hazardous materials would be monitored and how same would be staffed and funded. The Mayor noted that said ordinance is introduced and upon adoption Council can make such a direction. 4884 Recess Bids re: E. 9th St. Assmt. Dist. Res. #83-44 Res. #83-45 Pub. Hear. re: HCD Block Grant Funds The Mayor declared a recess at 9:04 p.m., reconvened the meeting at 9:06 p.m., continuing with the Regular Agenda. City Administrator Protempore Rei;nsch presented a report of bids for the East Ninth Street,et alAssess~ent District recommending award of the sale of bonds to Wulff, Hansen & to. in the amount of $898,355.95. Motion was made by Councilman Link seconded by Councilman Gage that the reading of Resolution No. 83-44 be waived and that it be adopted awarding sale of bonds for E. Ninth Street et al Assess- ment Di stri ct. ~ j ....... RESOLUTION NO. 81-44 A RESOLUTION AWARDING SALE OF BONDS - EAST NINTH STREET ET AL ASSESSMENT DISTRICT 1983-1. PASSED AND ADOPTED this 6th day of June, 1983, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, LINK, TAYLOR, VALDEZ and GOODRI CH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: HUGHAN Motion was made by Councilman Gage seconded by Councilman Valdez that the reading of Resolution No. 83-45 be waived and that it be adopted awarding the contract to Piazza Construction Co. in the amount of $457,537.50. ., RESOLUTI ON NO. 83:- 45 A RESOLUTION OF AWARD OF CONTRACT - EAST NINTH STREET ET AL ASSESS- MENT DISTRICT 1983-1. PASSED AND ADOPTED this 6th day of June,. 1983, ~lDy tl:1e fOllowing vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, LINK, TAYLOR, VALDEZ and GOODRI CH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: HUGHAN ... The Mayor stated that it was the time and place scheduled fqr the Public Hearing on the Community Development Block Grant Program. HCD Grant Coordinator Ford presented and explained the Staff Report. - The Mayor asked if there was anyone present in the audience wishing to speak on the matter. Mr. Bob Barry, Executi ve Di rector, of South S'a'nta Cl ara County Housing Development Corp., addressed the'Council, requesting HCD Funds for a proposed project in San Martin. Mr. Barry De"'Buono, Executive Director of Emergency Housing, further explained the San Martin project and need for requested HCD funds. Mr. Rene Diaz-Lefebvre, President of the Board of South Santa Clara County Housing Corporation, addressed the Council further request- ing HCD funding. Mr. Paul Andrew$" repr.esenti ng, Hope Rehabil itati on, addressed the Council further requesting HCD Funding for specific projects. The Mayor asked if there was anyone further in the audience wishing to speak. There was no further comment from anyone in the audience. ....... , i ....... Motion was made by Councilman Link seconded by Councilman Taylor and carried that the Public Hearing be closed. Motion was made by Councilman Link seconded by Councilman Valdez and carried that the following projects be approved and recommended for HCD funding: It~m #3 - $50~000; Item #2 - $10,000; Item #9 - $6,526; and the balance of funding to Item #4. Councilwoman Albert voted "no" on the motion. Golf Course Agreement .... I ! ... Chamber of Commerce- Ha 11 of Fame Ord. #83-5 re: Firearms, fire- works, etc. in Parks .... Temp. Trailer P e rmi t Old City Hall Proj. Taxicab Permit .... I I .... 4885 The Mayor asked if there was anyone present in the audience wishing to speak on any matter not on the agenda. Mr. George T. Duffin, 7860 Rancho Real, President of the Gilroy Golf and Country Club, addressed the Council requesting extension of the present agreement between the City and Gilroy Golf & Country Club for an additional two (2) years expiring July 1, 1988, in order to conform with the Golf Course and Operator Agreement to expire July 1, 1988. Motion was made by Councilman Gage seconded by Councilman Albert and carri ed that the agreement between the City and the Gil roy Gol f and Country Club be extended for an additional two years, expiring July 1, 1988, as requested. A letter from the Gilroy Chamber of Commerce regarding the Hall of Fame proposal was noted. The Mayor appointed Councilwoman Hughan to represent the Council in this regard. A letter from Gilroy Bonanza Days I organization was noted requesting adoption of an emergency ordinance that would permit firearms, etc. in parks to accommodate a special event at their annual celebration. Motion was made by Councilman Link seconded by Councilwoman Albert that the reading of Ordinance No. 83-5 be waived and that it be adopted as an emergency ordinance to accommodate the special event at the Gilroy Bonanza Day Celebration. ORDINANCE NO. 83-5 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 18.5 (i) OF THE GILROY CITY CODE PROHIBITING FIREARMS, EXPLOSIVES AND FIREWORKS IN PARKS ~HTHOUT A PERMIT. PASSED AND ADOPTED this 6th day of June, 1983, by the following vote as an emergency measure to become effective immediately. AYES: COUNCIL ME~1BERS: ALBERT, GAGE, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL t1Et,mERS: NONE ABSENT: COUNCIL t~EMBER: HUGHAN A letter from E. R. Theron, applicant, requesting a one (1) year extension for a temporary trailer permit at 95 Leavesley Road was noted. Motion was made by Councilman Link seconded by Councilman Taylor and carried that Mr. E. R. Theron be granted a one (1) year temporary trailer permit at 95 Leavesley Road, expiring June 7, 1984. Mr. Roger Hoffman, Hoffman & Associates, qave'an update and status report in regard to the Old City Hall Restaurant Project noting comoletion of the project in the latter part of 1983, requesting City funds in the amount of $13,316.00 in accord with the agreement. Motion was made by Councilman Link seconded by Councilman Valdez and carried that the 1982-83 budget be amended in the amount of $13,316 in accord with the agreement between Hoffman & Associates and the City. City Administrator Protempore Reinsch requested tabling action on the re- quest of Barbosa Cab Company (Nicolas Barbosa) for a Taxicab owner's permit because the City has been unable to locate the owner at the address on the application. The following informational items were noted with no separate dis- cussion on same: John Shelton in appreciation of the Gilroy Fire Department; State Lieutenant Governor McCarthy re: Neighborhood Watch Program; Letters commending three (3) local citizens; Gil roy Uni fi ed School Di stri ct thankl ng two (2) Fi re Department Employees for participation in South Valley Jr. High School's Fourth Annual Career Day; and Jon H. Olson, commending two (2) City Planning Department Employees in assistance with a Rehabilitation Project. 4886' Plan., Com. The Report of the Planning .co,mmission Meeting of May 19, 1983, Report was noted. 5/19/83 Sunsent Gardens Council reviewed A/S 80~26, Sunset Gardens/Solar Project. Sol a r P roj . Mr. Charles McGowan, representing the Santa Clara County Housing Authority, addressed the Council further explaining said project. I Councilman Valdez encouraged a follow-up educational program for the users. TM 81-1 re: 1. Berry Plan. Com. Report 6/2/83 A/S 38-18 SV Properties TM 80-2 re: Gil roy Corp.; So.Co. Dev.; & E. Filice Airport Land Use Com. re: Safety Areas L. Ma rt i n re: A/S 83-14 Personnel Commission 5/16/83 Classification Change Part-time Hrly. Sa l. Schedul e P & R Com. 5/17/83 Sr. Citizens 4/19/83 Jt. Powers Sewer Agree. . I ~ I I ......' " Moti on was made by Counci 1 woman Al bert seconded by Counci 1 man Taylor and carried that the project for solar heating proposed for Sunset Gardens be approved as oresented and recommended. Moti on was made by Council man Taylor seconded by Council man Gage and carried that the Tentative Map of T. Berry (TM 81-1) be extended for one (1) year as recommended. The Report of the Planning ComMission Meeting of June 2, 1983, was noted. Council reviewed A/S 38-18 SV Properties '82, PUD Design Plans. Motion was made by Councilman Link seconded by Councilman Tay- lor and carried that the PUD Design Plans for SV Prooerties '82 be ap- proved as recommended. Councilwoman Albert voted "no" on the motion. Motion was made by Councilman LInk seconded by Councilman Tay- lor and carried that the Tentative Map of Gilroy Corporation, South County Development and E. Filice (TM 80-2) be extended for one (1) year as recommended. Motion was made by Councilman Gage seconded by Councilman Link and carried that the Planning Commission's recommendation be approv~d ~ and that a letter be forwarded the Santa Clara County Airport Land Use Commission requesting that the airport safety clear areas not pe __ red,uced as per S.taff r;ecommendati ons. , . . Mr. Lloyd Martin, 140 Colombet Avenue, San Martin, addressep the Council appealing the Planning Commission's action on A/S 83-14 requiring twenty (20) foot setbacks. Motion was made by Councilman Link seconded by Councilman Trylor and carried that the Planning Commission's recommendation for A/S ~f-14 be disapproved and that the fifteen foot (15') setback request of Mr. Lloyd Martin be allowed. The Report of the Personnel Commission Meeting of May 16, 1ge3, was noted and further explained by Personnel Director Booth. Motion was made by Councilman Valrlez seconded by Councilman Link and carried that the reclassification of one Operator II position at the Wastewater Treatment Plant be reclassified to Laboratory Tech- nician as recommended. Motion was made by Councilman Gage seconded by Councilman Val- dez and carried that the Part-Time Hourly Salary Schedule be approved as recommended. ~ I I - The Minutes of the Parks and Recreation Commission Meeting of May 17, 1983, were noted. The Minutes of the Senior Citizens' Advisory Council Meeting of April 19, 1983, were noted. Director of Public Works-City Engineer Hansen presented a recom- mendation and report on the Joint Powers Sewer Committee Meeting of May 31, 1983, further explaining same. Wastewater, Disposal of Month ly Re po rt Executi ve Session Legislation Stop Si gns- Alexander & Martin Wmsn. Act Fees-Filice & Rajewski Adjournment .. 4887 : Motion was .made by Councilm,an' Link seconded by Councilman Taylor and carried that the amendment to the Joint Powers Agreement be approved and that the Mayor be authorized to execute same as recommended. Director of Public Works-City Engineer noted that it may not be necessary to rent land owned by Mr. Joe Gubser for the disposal of stored wastewater. He further explained a proposal requiring an $80,000 budget amendment in lieu of rental of said property. Motion was made by Councilman Link seconded by Councilman Valdez and carried that the 1982-83 budget be amended in the amount of $80,000 to provide for said proposal as recommended. City Administrator Protempore Reinsch noted that he concurred with this action. The following informational items were noted with no separate discussion on same: The Summary of Monthly Reports of April, 1983; Request for Council Executive Session at 7:00 p.m., June 6, 1983, to precede the regular meeting; and Legislative update. Councilman Link presented a petition from local citizens requesting an arterial stop sign at Alexander and Martin Streets. Council referred same to Staff for a recommendation on said request. City Administrator Protempore Reinsch presented a Claim for Waiver of Fees and/or Penalties re: Williamson Act Cancellation from Ernest Filice and Robert Rajewski. Denial was recommended. Motion was made by Councilman Gage seconded by Councilman Taylor and carried that the claim be denied. The Mayor noted the following meetings: Inter-City Council Meeting, June 9, 1983 - Host City, Campbell; Mayors and Council Members' Executive Forum, July 20-22, 1983, Hyatt Del Monte, Monterey; Council Study Session June 13, 1983 - 8:00 p.m., City Hall Council Chambers re: Industrial Bond Act and Proposed Redevelopment Agency; and Fred WoodIs Retirement Dinner, June 18, 1983 - 6:00 p.m., Christmas Hill Park. City Administra- tor Protempore Reinsch requested Council Member volunteers to serve at said occasion. At 10:37 p.m., the Mayor adjourned the meeting. Respectfully submitted, P!2d~e~.?i~