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
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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.
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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.
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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.
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Contd. Pub.
Hear. re:
Hazardous
Ma t . 0 rd.
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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.,
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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.
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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 $457,537.50.
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RESOLUTI ON NO. 83:- 45
A RESOLUTION OF AWARD OF CONTRACT - EAST NINTH STREET ET AL ASSESS-
MENT DISTRICT 1983-1.
PASSED AND ADOPTED this 6th day of June,. 1983, ~lDy tl:1e fOllowing vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, LINK, TAYLOR, VALDEZ and
GOODRI CH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBER: HUGHAN ...
The Mayor stated that it was the time and place scheduled fqr
the Public Hearing on the Community Development Block Grant Program.
HCD Grant Coordinator Ford presented and explained the Staff
Report.
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The Mayor asked if there was anyone present in the audience
wishing to speak on the matter.
Mr. Bob Barry, Executi ve Di rector, of South S'a'nta Cl ara County
Housing Development Corp., addressed the'Council, requesting HCD Funds
for a proposed project in San Martin.
Mr. Barry De"'Buono, Executive Director of Emergency Housing,
further explained the San Martin project and need for requested HCD
funds.
Mr. Rene Diaz-Lefebvre, President of the Board of South Santa
Clara County Housing Corporation, addressed the Council further request-
ing HCD funding.
Mr. Paul Andrew$" 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.
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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
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Chamber of
Commerce-
Ha 11 of Fame
Ord. #83-5 re:
Firearms, fire-
works, etc.
in Parks
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Temp. Trailer
P e rmi t
Old City
Hall Proj.
Taxicab
Permit
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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.
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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.
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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
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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~