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Minutes 1978/12/18 4166 Roll Call Intro. New Employee Consent Calendar Minutes Ord. #78-35 Wojahn re- zoning Pub.Hear. re: Ruiz re- zoning Pub.Hear. re: F.Della Maggiora re- zoning Pub.Hear. re: E.Lazzarini rezoning Pub . He ar . re: Rezoning of Burger King Corp. Salary Incre.ases u.:nt,(f,;c_ December 18, 1978 Gilroy, California ... The Regular Meeting of the Gilroy City Council was called to order by His Honor Norman B. Goodrich at 8:01 p.m. - Present: Council Members: Brian D. Cunningham, Roberta H. Hughan, Marion T. Link, John E. Pate, David v. stout and Norman B. Goodrich. Absent: Council Member: William E. Childers. The Mayor introduced new employee, Steven Baty, Police officer. - Motion was made by Councilman Link seconded by Councilman Cunningham that the following items under the Consent Calendar be adopted by the following Roll Call vote: Ayes: Council Members: Cun- ningham, Hughan, Link, Pate, Stout and Goodri~h. Absent: Council Member: Childers. .... Approved the Minutes of the Regular Meeting of December 4, 1978; re: Adopted Ordinance No. 78-35 rezoning property located approxi- mately 875 feet southeast of the intersection of Mesa Road, Thomas Road and Miller Avenue from IZ District to Rl District.; ORDINANCE NO. 78-35 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING NINE PARCELS OF LAND TOTALLING APPROXIMATELY 7 ACRES ON THE WEST SIDE OF MESA ROAD 875 FEET SOUTH OF ITS INTERSECTION WITH THOMAS ROAD AND MILLER AVENUE FROM IZ DISTRICT TO Rl DISTRICT. PASSED AND ADOPTED this 18th day of December, 1978, by the following vote: AYES: COUNCIL MEMBERS: CUNNINGHAM, HGUHAN, LINK, PATE, STOUT and GOODRICH NOES: COUNC IL MEMBERS: None ... ABSENT: COUNCIL MEMBER: CHIIDERS; - Set January 2, 1979, as a public hearing date on a rezoning request of Thomas H. Ruiz for property located at 8365 Monterey Street between Welburn Avenue and Howson Street from M2 (General Industrial) to C2 (General Commercial) District containing approximately 1.25 acres; Set January 2, 1979, as a public hearing date on a rezoning request of Frank Della Maggiora for property located at the northwest corner of Tenth and Chestnut Streets from M2 (General Industrial) to CM (Commercial Industrial) District containing approximately .629 acres; Set January 2, 1979, as a public hearing date on a rezoning request of Edward Lazzarini for property located north of Las Animas Park, east of Wren Avenue and south of Ronan Avenue from Rl (Single Family Residence) District to R3 PUD (Low-Density Multiple-Family) Planned Unit Development, containing 18.4 acres; Set January 2, 1979, as a public hearing date on a rezoning request of Burger King Corporation for property located south and east of the intersection of Leavesley Road and Murray Avenue from M2 (General Industrial) to HC (Highway Commercial) District containing approximately 2.78 acres; - Approved Salary Achievement Increases for the following eight (8) city employees, effective January 1, 1979: Gayle Matsuura, Recrea- tion Supervisor, Range 28.5 from Step B, $1064/mo. to step C, $1118/mo.; Andrew Ojeda, Alan Cluke and Jose Rodriguez, Public Works Maintenance I, Range 25 from step B, $899/mo. to Step C, $941/mo.; Gary Rowen, Police Sergeant, Range 36 from Step C, $1609/mo. to Step D, $1689/mo.; Raul Suarez, Tree Climber, Range 27 from Step B, $989/mo. to Step C, $1038/ mo.; Daniel Crumrine, Police Sergeant, Range 35.5 from Step C, $1570/mo. to step D, Rl,647/mo. and David Marrazzo, Police Officer, Range 32.5 from step B, $1293/mo. to Step C, $1359/mo.; and ~. ..... ...... .. .. 4167 Dev. Agree. re: Approved plans and a development agreement for Tract 6482 (Johnson- Johnson-Rose Rose Corp.) . -- Bids re: Fire Stn.-5th st. City Administrator Wood reported that no bids had been received for the sale of the fire station on Fifth street. Pub.Hear. re: Filice Est. Vyds. The Mayor stated that it was the time and place scheduled for the continued public hearing on a rezoning request of Filice Estate Vineyards for property located on the east side of Wren Avenue at Montebello con- taining 10.7 acres from Rl to PO District. fIIiMl''''liNl ...... 5th St. Fire Stn. Mr. Wayne Leslie addressed the Council noting that it was his understanding that the City Council would receive verbal bids for the Fifth street Fire Station at this meeting. The Mayor noted that he was out of order in opening the Continued Public Hearing regarding Filice Estate Vineyards rezoning request and would reopen same. Mr. Leslie noted that he was the adjacent property owner to the Fifth Street Fire Station and offered a verbal bid of $20,000.00 for the fire station. Mr. George Ivory addressed the Council and offered a verbal bid of $21,000.00 for the fire station noting that he was prepared to submit 10% of said bid this evening with the balance to be paid within 30 days. The City Attorney advised Council that bids could not be awarded on a verbal basis. Motion was made by Councilman stout seconded by Councilwoman Hughan and carried that all verbal bids be rejected and requested that said bids be submitted in writing for consideration at a date to be announced. ~"'~ Motion was made by Councilwoman Hughan seconded by Councilman Pate and carried that the City Administrator be authorized to obtain an appraisal of the property prior to setting a new bid opening date, noting that same would be properly publicly noticed. Filice Est. cont'd pub. hearing Vyds. The Mayor stated that it was the time and place scheduled for the continued public hearing on the rezoning request of Filice Estate Vine- yeards for property located on the east side of Wren Avenue at Montebello containing 10.7 acres from Rl to PO District. The original Staff Report was noted. Planning Director Dorn presented and explained an addendum Staff Report on the matter. Director of Public Works-City Engineer Hansen presented and ex- plained a report in regard to the history of street patterns in the area. The Hayor asked if there was anyone in the audience wishing to speak for or against the proposed rezoning. - Mr. Randy Hall, contractor for the proposed medical and professional building, addressed the Council noting a list of clients (doctors) in favor of the proposed rezoning. He also presented a slide presentation of a completed medical and professional building in another city. He distributed copies of a letter from Mr. victor Reisig, Sales Manager for Hidden Glen Subdivision, supporting said rezoning. ..... The Mayor asked if there was anyone further in the audience wishing to speak on the matter. 1.1 Mr. Jim Roberts, Secretary-Manager of the Gilroy Chamber of Commerce addressed the Council noting concurrence with said rezoning request. i#W'^',""'l\ - The Mayor asked if there was anyone further in the audience wishing to speak on the matter. ~,L U!1IJ.lil 4168 Mr. Trevis Berry, 7801 Miller Avenue at second Street, addressed the Council representing the residents on Second Street and submitted a petition from same noting no opposition to the professional office zoning but opposed any extension of Second Street into the professional zoning. - IIilIIllt The Mayor asked if there was anyone further in the audience wishing to speak on the matter. Mr. Richard Brem, 7765 Wren Avenue, addressed the Council noting that his residence was adjacent to the proposed rezoning and ... he had no objection to said professional office project. Mr. Don Redenbaugh, 1000 ortega Circle addressed the Council noting opposition to said rezoning. - The Mayor asked if there was anyone further in the audience wishing to speak on the matter. Mr. Randy Hall, contractor, addressed the Council and clarified statements in opposition to said rezoning proposal. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. Mrs. Maxine Kent, 910 West Second Street, addressed the Council and presented a letter from Mr. John Kent in favor of said rezoning. Mr. Vern Potter, 1120 Ortega Circle, addressed the Council noting concern with the overflow of traffic on Third Street and Wren Avenue, further noting that the property owners did not submit their proposal in writing to the residents in the area. Dr. Alden Banner addressed the Council and further clarified statements made by the opponents in regard to outlining their proposal in writing. He noted that the owners were informed that the oppo- nents did not wish to meet with the developers because they did not want to weaken their position to bargain with the developers. He further noted that the doctors involved have formed a corporation with a Board of Directors and have signed fifteen (15) year leases with stringent restrictions to be followed. - ~ Mr. Tim Filice, representing the applicant, addressed the Council and further clarified questions in regard to the General Development Plan of the project. The Mayor asked if there was anyone further in the audience wishing to speak on the rezoning matter. There was no comment from anyone in the audience. Motion was made by Councilman Pate seconded by Councilman Cunningham and carried that the public hearing be closed. Discussion was had by Council on the matter. Motion was made by Councilman Pate seconded by Councilman Cunningham to introduce a proposed ordinance approving the requested rezoning to be published by title and summary. Motion failed by the following Roll Call Vote: Ayes: Councilmembers: Cunningham, Link and Pate; Noes: Councilmembers: Hugh an , stout and Goodrich. Absent: Councilmember Childers. Motion was made by Councilman Pate seconded by Councilman Cunningham and carried that Council approves the concept of the professional office plan for the proposed project and invites the applicants to submit a Planned Unit Development for same. Council- man stout voted "no" on the motion. -- - Recess The Mayor declared a recess at 9:55 p.m. and reconvened the meeting at 10:01 p.m. The Mayor noted that Council would continue their deliberations in regard to the proposed rezoning. .... Motion was made by Councilman Pate seconded by Councilman Link that the reading of Resolution No. 78-97 be waived denying the pro- posed rezoning without prejudice and that it be adopted noting that the applicants are invited to submit a Planned Unit Development for the proposal. - - ....".... ....... Eastside Pk. Renaming Recreational Vehicle Parking El Roble Park IJIJ'lH';''lloo ....... Municipal Code Service S.J.Clinic Funding Filbro Dev. Buildout Schedule JIIIP- ....... - 4169 RESOLUTION NO. 78-97 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DENYING THE APPLICATION OF FILICE ESTATE VINEYARDS TO REZONE 10.7 ACRES ON THE EAST SIDE OF WREN AVENUE OPPOSITE MONTEBELLO DRIVE FROM Rl DISTRICT TO PO DISTRICT. PASSED AND ADOPTED this 18th day of December, 1978, by the following vote: AYES: COUNCIL MEMBERS: HUGHAN, LINK, PATE, STOUT and GOCDRICH NOES: COUNCIL MEMBER: CUNNINGHAM ABSENT: COUNCIL MEMBER: CHILDERS The City Attorney further clarified Council action on the matter. Mrs. Loretta Ventura addressed the Council in regard to renaming of Eastside requesting Council to reconsider the name of San Ysidro Park for renaming Eastside Park and consider those names selected by the Com- mittee. The Mayor apologized for Council not referring the selected name back to the Committee. No further action was taken. Council sug- gested that futUre naming of city properties be referred to Council for a policy on naming procedure. The Mayor deviated from the regular agenda in order to accommodate interested parties in the audience. A report on Recreational Vehicle Parking Study Committee was noted and further explained by Councilman Link recommending that the proposed regulations be referred to the Ctiy Attorney for preparation of an ordi- nance for introduction. Council concurred. The Mayor thanked all those involved in preparation of the proposed draft ordinance. Mr. Abey, architect for El Roble Park, addressed the Council and presented and explained the proposed plans for said park, recommending approval of the Master Plan and Phase I. Discussion was had on the matter. Motion was made by Coucnilman Cunningham seconded by Councilman Pate and carried that the Master Plan for El Roble Park as presented be approved and that Phase I be approved subject to the original budget of $160,000.00 for same. Councilman Link voted "no" on the motion. The Mayor continued with the regular Agenda. A letter from Municipal Code Corporation in regard to the City Code Supplement Service was noted regarding a two (2) year renewal con- tract recommended by Staff. Motion was made by Councilman Pate seconded by Councilman Cunningham and carried that the contract agreement for said two (2) year period expiring December 31, 1980, with the Municipal Code Corporation be approved as recommended. A letter from Supervisor McCorquodale was noted and filed request- ing support for East San Jose Public Health Dental Clinic Funding. Co. A letter from Ernest S. Filice representing Filbro Development Company was noted requesting an increase to their buildout schedule in the Princevalle Subdivision, Tract 6251. Council referred same to the Planning Department to be rezoned prior to any discussion on an increase in the subject buildout schedule. The following informational items were noted with no separate discussion on same: Letter of appreciation from Sig Sanchez for Council's Resolution honoring his retirement; Letter from HOPE thanking the City for allocation of HCD Budget funds; Letter from Pat Brown in regard to S.B. 99 Mortgage Program; Letter from Santa Clara Valley Water District in re: to Public Hearing on Flood Zone Consolidation; 4170 Plan. Com. Report 12/7/78 Letter of Thanks from Chamber of Commerce for the City's Parks and Recreation Employees installing Christmas Street Decorations; and ... Letter from Santa Clara County Board's Appointment to Uvas Creek Park Chain Task Force. - The Report of the Planning Commission Meeting of December 7, 1978, was noted. The County referral regarding a proposed subdivision along the northerly side of Castro Valley Road and west of Santa Teresa Boule- vard and Gavilan College was noted and the Planning Commission had no comment on same and Staff recommended opposing same. Hotion was made by Councilman Cunningham seconded by Councilman Pate and carried that the County be informed that the City opposes said proposed subdivision until the County has completed their new General Plan. IIIIlIa ... E.Bellezza Dev.- Councilman Stout inquired of City action in regard to Ernest Marcella Ave. Bellezza's proposed development on Marcella Avenue noting that th~ City Council approved same and that the County has recently received a letter from the City's Planning Department that the City of Gilroy opposes same. Planning Director Dorn noted that the City approved the zoning for the property and that the Planning Department opposed the Tentative Map for the development. Councilman stout noted that Mr. Bellezza had a December 31, 1978, deadline to meet with the County in regard to his proposed development. Planning Director Dorn noted that Mr. Bellezza could request continuance of the matter prior to December 31, 1978, to allow time for correction to the Tentative Map. ...... The Mayor instructed the City Administrator to contact the County Planning Department to request continuance on the matter. - Lib. & Cult.Com. The Minutes of the Library and Culture Commission Meeting of 12/5/78 December 5, 1978, were noted. Crime Prevention A Report on the Crime Prevention Unit of the Police Department Unit was noted, recommending that the City retain one (1) sworn position to continue on the regular payroll. Golf Course Parking En- forcement Eastside Pk. So.Pacific Trans. Co. Motion was made by Councilman Cunningham seconded by Councilman stout and carried that the Police Department be authorized to retain one (1) sworn position in the Crime Prevention Unit to be on the regular payroll as recommended. City Administrator Wood recommended that the Council Golf Course Advisory Committee meet in regard to renewal of the Golf Course Club and Operator Agreements. Councilman Stout noted that he would organ- ize said meeting with the Council Advisory Committee for same. A Report on Parking Enforcement was noted. City Administrator Wood recommended filing the Notice of Completion on Eastside Park Project. Motion was made by Councilman Cunningham seconded by Councilman stout and carried that a Notice of Completion for State 2 Development of Eastside Park be recorded. -- ...... Director of Public Works-City Engineer Hansen presented and explained a recommendation to enter into an Encroachment Agreement with Southern Pacific Transportation Company. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that the City enter into an Encroachment Agreement with Southern Pacific Transportation Company as recommended. ...... lIloIIlIi Assessment segregation Procedure Sewer Com. Report Commissioners Terms expir- in 1/1/79 Adjournment ... 4171 Director of Public Works-City Engineer Hansen presented a proposed resolution setting fees for the apportionment of unpaid assessments under Division 10 of the Streets and Highways Code. Motion was made by Council- man Pate seconded by Councilman Cunningham that Resolution No. 78-98 be adopted. RESOLUTION NO. 78-98 A RESOLUTION SETTING THE FEE FOR THE APPORTIONMENT OF UNPAID ASSESSMENTS UNDER DIVISION 10 OF THE STREETS AND HIGHWAYS CODE. PASSED AND ADOPTED this 18th day of December, 1978, by the following vote: AYES: COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, LINK, PATE, STOUT AND GOODRICH COUNCIL MEMBERS: NONE COUNCIL ME~1BER: CHILDERS NOES: ABSENT: Councilman Stout noted a Sewer Committee Report in regard to re- payment of fees in regard to the Water Reclamation Project. r1otion was made by Councilman Cunningham seconded by Councilman Link and carried that said repayment procedure be approved as recommended. The Mayor recognized Mr. Lloyd Fowler in regard to consolidation of Flood Control Zones. The Mayor recommended the appointment of the following Commissioners to terms expiring January 1, 1979: Mrs. Barbara Biafore and Mr. James Merrill, Library and Culture Commission reappointments for terms expiring January 1, 1983; Mrs. Margaret Voorhees, reappointment, Parks and Recreation Commission; and Mr. Fred Sanchez, appointment to Parks and Recreation Commission, replacing Frank Ginelli (ineligible)for terms expiring January 1, 1983; Mr. William MCIntosh, reappointment, Personnel Commission; and Mrs. Marianne Mattos, appointment,to Personnel Commission replacing Donald Gallagher (ineligble) for terms expiring January 1, 1983; Thomas Taricco, reappointment, Plan- ning Commission; and Mr. Mark Kennedy, appointment, to Planning Commission, replacing Dr. Thomas White (retired) for terms expiring January 1, 1983. Motion was made by Councilman Link seconded by Councilman Stout and carried that the recommended appointments to Commissions be approved effective January 1, 1979, for full terms expiring January 1, 1983. At 11:19 p.m., motion was made by Councilman Link seconded by Councilman Cunningham and carried that the meeting adjourn to Tuesday, January 2, 1979. Respectfully submitted, v2hMJam.J ft!. . ~ / Ci ty lerk 5 :