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Minutes 1979/01/02 Roll Call Certificates of Service Consent 4171 Gilroy, California January 2, 1979 The Regular Meetingof the Gilroy City Council was called to order by His Honor Norman B. Goodrich at 8:00 p.m. Present: Council Members: William E. Childers, Brian D. Cunningham, Roberta H. Hughan, Marion T. Link, David V. Stout and Norman B. Goodrich. Absent: Council Member: John E. Pate. The Mayor presented Certificates of Service to retired Commissioners: Donald Gallagher, Personnel and Dr. Thomas White, Planning. Retired Com- missioner Frank Ginelli, Parks and Recreation was not present in the audience. Motion was made by Councilman Cunningham seconded by Councilman L -., 4172 Calendar Link that the following item under the Consent Calendar be adopted by the following Roll Call Vote: Ayes: Council Members: Childers, Cunningham, Hughan, Link, stout and Goodrich; Absent: Council Member: Pate. - Minutes Approved the Minutes of the Regular Meeting of December 18, 1978. - Pub.Hear.re: The Mayor stated that it was the time and place scheduled for a Ruiz Re- Public Hearing on a rezoning request of Thomas H. Ruiz for property located zoning at 8365 Monterey Street between Welburn Avenue and Howson Street from M2 (General Industrial) to C2 (General Commercial) District containing approxi- mately 1.25 acres. - Planning Director Dorn presented and explained the Staff Report regarding same. - The Mayor asked if there was anyone in the audience wishing to speak for or against the proposed rezoning. There was no comment from any- one in the audience. Motion was made by Councilman Link seconded by Councilman Cunningh- ham and carried that the Public Hearing be closed. Discussion was had by Council on the proposed rezoning matter. Motion was made by Councilman Link seconded by Councilman Cunning- ham and carried that the reading of a proposed ordinance rezoning same be waived and that it be introduced and published by title and summary. pub.Hear.re: The Mayor stated that it was the time and place scheduled for a F.Della Public Hearing on a rezoning request of Frank Della Maggiora for property Maggiora located at the northwest corner of Tenth and Chestnut Streets from M2 (General Industrial) to CM (Commercial Industrial) District, containing approximately .629 acres. - Planning Director Dorn presented and explained Staff's Report re- garding same. - The Mayor asked if there was anyone in the audience wishing to speak on the proposed rezoning. Mr. Howard Smith, Realtor addressed the Council representing the applicant. Motion was made by Councilman Childers seconded by Councilman Link and carried that the Public Hearing be closed. Discussion was had by Council on the rezoning matter. Motion was made by Councilman Cunningham seconded by Councilman Childers and carried that the reading of a proposed ordinance rezoning same be waived, and that it be introduced and published by title and summary. pub.Hear.re: The Mayor stated that it was the time and place scheduled for a E.Lazza- public Hearing on a rezoning request of Edward Lazzarini for property 10- rini re- cated north of Las Animas Park, east of Wren Avenue and south of Ronan Avenue zoning from Rl (Single Family Residence) District to R3 PUD (Low-Density Multiple- Family Residence) District (Planned Unit Development) containing 18.4 acres. - Planning Director Dorn presented and explained Staff's Report re- garding same. ....... The Mayor asked if there was anyone in the audience wishing to speak for or against the proposed rezoning. Mr. Edward Lazzarini, applicant, addressed the Council and further explained the proposed development. - Mr. William K. Henry, Engineer for the Project addressed the Council and further explained the proposal. .... The Mayor asked if there was anyone further in the audience wish- ing to speak for or against the proposed rezoning. - ~ ~. ~- 4173 Mr. LeDean Garrison, Designer of the project addressed the Council and further explained same. - The Mayor asked if there was anyone further in the audience wishing to speak for or against the proposed rezoning. Mr. Jim Langdon, Carla Way, addressed the Council opposing said rezoning. ""'... The Mayor asked if there was anyone in the audience wishing to speak on the matter. - Mr. Don Pierce, Amanda Way addressed the Council and presented a Petition containing 127 si;gnatures in opposition to the proposed rezoning. He noted that he presented a similar petition to the Planning Commission containing 87 signatures. At 9:04 p.m. the Mayor declared a Recess and requested that Council- man Stout preside over the meeting in the event that he did not return. At 9:11 p.m. Councilman Stout called the meeting to order and con- tinued on with the Public Hearing on Mr. Edward Lazzarini's rezoning matter. Councilman Stout asked if there was anyone in the audience wishing to speak on the matter that would not be in repetition to previous speakers. Mr. Ken Cooper, representing the School District addressed the Council noting that they are in favor of said project and dedication of a portion of land for School District purposes. Mr. Heinberg, Ramona Way, addressed the Council noting concern about flooding problems believed to be aggravated by the proposed project, if approved. Mr. Thurman Sears, Amanda Way addressed the Council opposing to the proposed rezoning. "~""....,..41 Mr. Paul Thoma, Amanda Way addressed the Council and opposed to the proposed rezoning. Motion was made by Councilman Cunningham seconded by Councilman Childers:and carried that Councilman Stout be appointed Mayor Protempore in the absence of Mayor Protempore Pate. Mr. Kennedy, Ramona Way, addressed the Council opposing the pro- posed rezoning. Mr. Doug Swark, Ramona Way, addressed the Council requesting Council to deny the R3 zoning. Motion was made by Councilman Chilqers seconded by Councilman Link and carried that the public Hearing be closed. Mayor Protempore Stout presented a letter from Mr. Craig Merriman objecting to the rezoning. Discussion was had by Council on the proposed rezoning. ...- Motion was made by Councilman Childers seconded by Councilman Link that the reading of Resolution No. 79-1 cenying the rezoning be waived and that it be adopted. ..... RESOLUTION NO. 79-1 -..... RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DENYING AN R3 PLANNED UNIT DEVELOPMENT PERMIT FOR THE PROPERTY LOCATED ON THE EAST SIDE OF WREN AVENUE NORTH OF PARK DRIVE, CONTAINING 18.4 ACRES. PASSED AND ADOPTED this 2nd day of January, 1979 by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN,LINK and STOUT. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: PATE and GOODRICH. Mayor Protempore Stout declared a recess at 9:45 p.m. and recon- vened the meeting at 9:49 p.m. t"-o.'- - - ..w.._,.... 4174 Pub.Hear.re: Burger King Rezoning pub.Hear.re: Murray Ave. Imp. Dist. Amended Assessment #7(1975-5) Res. #79-2 Mayor Protempore Stout noted that it was the time and place scheduled for a Public Hearing on a rezoning request of Burger King Corporation for property located south and east of the intersection of Leavesley Road and Murray Avenue (Shy Property) from M2 (General Indus- trial) to HC (Highway Commercial) District containing approximately 2.78 acres. IImIl itli;-. Planning Director Dorn presented and explained the Staff Report regarding same. Mayor Protempore Stout asked if there was anyone in the audience wishing to speak on the proposed rezoning. --.. Mr. Tom Adams, representing Burger King Corporation addressed the Council noting that he was present to answer questions on the pro- posed rezoning. - Mayor Protempore Stout asked if there was anyone further in the audience wishing to speak on the matter. There was no comment from anyone in the audience. Motion was made by Councilman Link seconded by Councilman Childers that the Public Hearing be closed. Motion was carried. Motion was made by Councilman Link seconded by Councilman Childers that the reading of a proposed ordinance rezoning same be waived and that it be introduced and published by title and summary. Councilman Cunningham voted "no" on the matter noting that he is not in favor of rezoning any properties on Leavesley Road until the City has adopted a pOlicy plan for same. Mayor Protempore Stout stated that it was the time and place scheduled for a Public Hearing on an amended Assessment re: Murray Avenue Improvement District 1975-5, Assessment No.7. City Engineer Hansen explained the proposed amended assess- ..... ment. ......, Mayor Pro tempore Stout asked if there was anyone in audience wishing to speak on the proposed amended assessment. was no comment from anyone in the audience. the There Motion was made by Councilman Link seconded by Councilman Childers and carried that the Public Hearing be closed. Motion was made by Councilman Link seconded by Councilman Childers that the reading of Resolution No. 79-2 be waived and that it be adopted confirming said amended assessment. RESOLUTION NO. 79-2 A RESOLUTION CONFIRMING AMENDED ASSESSMENT - MURRAY AVENUE IMPROVEMENT DISTRICT 1975-5 - ASSESSMENT NO.7. PASSED AND ADOPTED this 2nd day of January, 1979, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK and STOUT. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: PATE and GOODRICH. Sister City Mayor Pro tempore Stout tabled action on a letter from Kimio Kiguchi re: Sister City (Kodama-Japan) to discuss same when Mayor Goodrich is present. ... - The following informational items were noted with no separate discussion on same. Minutes of South Flood Control Zone Advisory Committee Meet- ing of May 25, 1978 and ... Drive. Letter of Appreciation from Ms. Dorothy B. Pinyerd re: Stewart .... _.. ,.,.~ ,~,',. ~ , 4175 P. & R.Com. Meet. 12-19-78 The Minutes of the Parks and Recreation Commission Meeting of December 19, 1978 were noted. It was also noted that a forthcoming Staff Memo would be presented re: Commissioners desiring to attend the CPRS Con- ference in San Diego. !/Wi"e". Personnel Com. A Report of Personnel Commission Secretary Reinsch was noted in- Report forming Council that due to a lack of business the regular meeting of December 27, 1978 was cancelled. _~;7.""", Monthly Reports The Summary of Monthly Reports of November 1978 was noted and dis- cussed. - Disbursements The Report of Disbursements from December 1, 1978 through December 31, 1978 was noted. Golf Course Councilman Childers noted the Council Golf Course Advisory Committee's Agree. progress on the Golf Course expiring Agreement and Contract. Water Wells Councilman Cunningham inquired of the construction of the Sixth Water Well. Director of Public Works-City Engineer Hansen reported on same. Burglar Alarms of Police ordinance councilwoman Hughan inquired about the home burglar systems. Chief Laizure reported that the City is presently preparing a proposed for the regulations of same. Barney's Auto- Councilman Childers inquired of Barney's Automotive Service on motive Sixth Street complying with conditions imposed upon said business at the time Service; same began operating. Council requested Staff to review same to determine if Milias Apts. the conditions are being complied with. & Hall's --- Councilman Childers also inquired of the junk vehicles behind Hall's Clothing Store. Discussion was had in regard to the proposed parking lot require- ment for Milias Apartment operation. Vehicle parking Councilwoman Hughan inquired of the legality of vehicles parked on lawns in front of residences. Discussion was had on the matter. Leavesley Rd. Planning Director Dorn reported that the Leavesley Road Plan is Plan being completed and will be presented for approval soon. Assistant City Administrator Reinsch reported on the Mayor's condi- tion noting that he was presently at Wheeler Hospital. Youth Services City Administrator Wood presented an Agreement with the Youth Ser- Bureau vices Bureau of the County of Santa Clara, noting that the Cities involved have agreed to participate. ...... Motion was made by Councilman Childers seconded by Councilman Link and carried that said Agreement be approved as presented and authorization be given for its execution. ... solid Waste City Administrator Wood reported that the $2,900.00 Solid Waste Managemnt. Management Grant was approved to be used for acquisition of new receptacles Grant for the Downtown and First Street Business Districts. Adjournment At 10:18 p.m. Mayor Protempore Stout adjourned the meeting. ....