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Minutes 1973/02/05 3428 Roll Call February 5, 1973 Gilroy, California The Regular Meeting of the Gilroy City Cruncil was called to order by His Honor Mayor Norman B. Goodrich at 8:00 p.m. The Mayor declared a moment of sile~ce in memory of Lyndon B. Johnson. Present: Council Members: George T. Duffin, John Hughan, John E. Pate, Anthony C. Silva, David V. Stout and Norman B. Goodrich. Absent: Council Member Fred P. Batrez. Cert.-Robt.Elia The Mayor awarsed a Certificate to Mr. Robert Elia, City Employee, for completion of a course in Water Distribution Systems. Consent Calendar Minute Approval Res.#1705 removing Leavesley #2 Annex 72- 7 Ord. #974 re: Arch. &S i te Approval Procedures At 8:02 p.m., Councilman Batrez entered and took his seat at the Council table. The City Attorney noted that the damage claims under the Con- sent Calendar would be denied if the Consent Calendar is approved. Motion was made by Councilman Hughan seconded by Councilman Pate that the following items on the Consent Calendar be approved. Passed and adopted by the following roll call vote: Ayes: Batrez, Duffin, Hughan, Pate, Silva, Stout and Goodrich. Consent Calendar Items: Minutes of the January 15, 1973 Regular Council Meeting; Minutes of the January 22, 1973 Special Council Meeting; Adopted Resolution No. 1705 Removing "Leavesley No.2 Annexation 72-7" from the Gilroy Rural Fire District. RESOLUTION NO. 1705 .>d RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY WITHDRAWING FROM THE GILROY RURAL FIRE DISTRICT TERRITORY THEREIN RECENTLY ANNEXED TO THE CITY OF GILROT UNDER THE DESIGNATION "LEAVESLEY NO.2 ANNEXATION 72-7 TO THE CITY OF GILROY." PASSED AND ADOPTED this 5th day of February, 1973, by the following vote: AYES: COUNCIL MEMBERS: BATREZ, DUFFIN, and GOODRICH None None HUGHAN, PATE, SILVA, STOUT NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Adopted Ordinance No. 974 Adding Architectural and Site Approval Pro- cedure to the Zoning Ordinance. ORDINANCE NO. 974 t I ORDINANCE OF THE CITY OF GILROY ADOPTING SECTION 54 OF THE ZONING ORDINANCE SO AS TO ESTABLISH ARCHITECTURAL AND SITE APPROVAL PROCEDURE, PASSED AND ADOPTED this 5th day of February, 1973, by the following vote: AYES: COUNCIL MEMBERS: BATREZ, DUFFIN, HUGHAN, and GOODRICH None None PATE, SILVA, STOUT "~ NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: ...,--,"""" Res. #1706 re: Adopted Resolution No. 1706 Approving Ballot Proposal for a Charter Charter Amendment Setting General Municipal Election dates on the third Amend. Tuesday of April in odd-numbered years. . RESOLUTION NO. 1706 RESOLUTION APPROVING PROPOSED CHARTER AMENDMENT FOR THE CITY OF GILROY, DIRECTING THE FILING OF A COpy THEREOF, DIRECTING THE CITY CLERK TO CAUSE THE SAME TO BE PUBLISHED AND DIRECTING THAT THE PROPOSAL BE SUB- MITTED FOR ADOPTION BY THE ELECTORATE AT THE GENERAL MUNICIPAL ELECTION. 6 Pub. Hear. re:Zoning Ord.Amend. "..... .. Sol ici tation Permits Damage Claims Pub.Hear.re: rezoning & PUD ".. Uti 1 i ty Com- pact Loader & Budget Amendment .... Gas & Diesel Contract Pub.Hear.re: Perf. S tand- ards ".. .... 3429 PASSED AND ADOPTED this 5th day of February, 1973, AYES: COUNCIL MEMBERS: BATREZ, DUFFIN, HUGHAN, and GOODRICH COUNCIL MEMBERS: None COU~ IL MEMBERS: None by the following vote: PATE, SILVA, STOUT NOES: ABSENT: Set February 20, 1973, as Public Hearing on recommendation of the Planning Commission to amend Sections 22,23, 24 and 25 of the Zoning Ordinance; Set February 20, 1973 as Public Hearing on recommendation of Planning Commission to rezone from M-2 (Light Industrial) to M-3 (Heavy Industrial) for property located on the most northerly parcel cr the Gilroy Industrial Park on the west side of Chestnut Street containing 4.6 acres (Granite Rock Co., petitioner); Waived solicitation permits for the following organizations: The American Cancer Society, Santa Clara County Girl Scout Council, Inc.,; and Easter Seal Society; Denied the following damage claims and referred same to the Cityls Insurance Carrier and City Attorney as recommended by the City Administra- tor: Mr. James Sacco, damage to T.V, set; Mr. Joseph Mondelli, damage to tomato crop; Mr. Arnold Martinez, damage to automobile; and Mrs. Martin Stein, damage to rug; Set February 20, 1973, as public hearing on recommendation of Planning Commission to rezone from M-2 (Light Industrial) to H-C (Highway Commercial) certain parcels located north of Howson Street to Pierce Street between Church and Monterey Streets; Set public hearing of February 20, 1973, on recommendation of the Planning Commission to grant a P.U.D. (planned unit development) for property located south of Pierce Street on both sides of Church Street containing 4.5 acres (Larry Frisone - Petitioner.) Heard continued report on bids received for the Utility Compact Loader. Discussion was had in regard to same. Motion was made by Councilman Batrez that the bid be awarded Shipley Ford in the amount of $8,732.53. The motion died for lack of a second. Motion was made by Councilman Pate seconded by Councilman Hughan and carried that Clarke Equipment be aw~rded the bid for the Utility Compact Loader in the amount of $9,160.20 as recommended by Staff and that the Budget be amended in the amount of $2,281 to allow for said purchase. Councilman Batrez voted "no" on the motion. A Report on the Gasoline and Diesel Contract for 1973 with Santa Clara County was presented for cooperative purchases of gasoline. Motion was made by Councilman Stout seconded by Councilman Silva and carried that the Shell Oil Company bid for cooperative purchases of gasoline for 1973 with the County of Santa Clara be accepted. The Mayor stated that it was the time and place scheduled for a Public Hearing on the recommendation of the Planning Commission to repeal Section 41,9 and add Section 44 to the Zoning Ordinance regarding per- formance standards. Planning Assistant Lefaver explained said Performance Standards as recommended by the Planning Commission. It was noted by the City Attorney that said standards are presently included under an M-l Zone and the proposal is to apply said performance standards to all districts. Discussion was had on the matter. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposed standards. There was no comment from anyone in the audience. Motion was made by Councilman Pate seconded by Councilman Batrez and carried that the Public Hearing be closed. Discussion was had by Council in regard to said per- formance standards. Councilman Stout inquired of the possibility of outlawing power lawn mowers and electrical trimmers through the enactment of said performance standards. He also inquired of the possibility of eliminating broadcasting through these same standards. City Administrator Wood noted that it is not the intent to prohibit occassional users. Councilman Stout noted that it was not his intent to object to an ordi- nance that would make the City quieter but feels that these standards would be opening up a new area of complaints. Councilman Pate noted that he had no objection to the ordinance provisions; that if same proved burdensome it could be taken up and amended, etc. at that time. Council- 3430 Res. #1707 S.Monte. #2 Annex. 71-4 Ord. #975 ICC Voting Procedure Change Mesa Rd. Dev.- S.Spencer man Stout noted that said ordinance had no prOVISion for appeal. It was noted by the City Attorney that an appeal for the subject standards is covered under the general appeal section of the Zoning Ordinance. Motion was made by Councilman Pate seconded by Councilman Duffin and carried that the ordinance repealing Section 41.9 and adding Sections 44.1,44.2 and 44.3 to the Zoning Ordinance in regard to performance standards be intro- duced and published by title and summary. Motion w~made by Councilman Pate seconded by Councilman Duffin and carried that Resolution No. 1707 be adopted to become effective when the Performance Standards Ordinance is in effect. RESOLUTION NO. 1707 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING PERFORMANCE STANDARDS TO IMPLEMENT SECTION 44 OF THE ZONING ORDINANCE. PASSED AND ADOPTED this 5th day of February, 1973, by the following vote: AYES: ~ --- COUNCIL MEMBERS: NOES: ABS ENT: COUNCIL MEMBERS: COUNCIL MEMBERS: BATREZ, DUFFIN, HUGHAN, GOODRICH None None PATE, STOUT and Planning Commissioner Dennis DeBell introduced Dr. S. T. Tung, Lecturer in residence at the University of California who was present in the audience. The Mayor stated that it was the time and place scheduled for a Public Hearing on the proposal to exclude uninhabited territory known as "South Monterey No.2 Annexation 71-4" from the City of Gilroy, The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. There was no comment from any- one in the audience. Motion was made by Councilman Duffin seconded by Councilman Silva and carried that the Public Hearing be closed. Motion was made by Councilman Duffin secmded by Councilman Stout that Ordinance No. 975 excluding said territory from the City be adopted. ..... ORDINANCE NO. 975 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE EXCLUSION THEREFROM OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "SOUTH MONTEREY NO.2 ANNEXATION 71-4 TO THE CITY OF GILROY.II PASSED AND ADOPTED this 5th day of February, 1973, by the following vote: AYES: ......"'.. COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: BATREZ, DUFFIN, HUGHAN, PATE, and GOODRICH None None SILVA, STOUT, A letter from the Inter-City CouncillsMayorsl Sub-Committee was presented. The Mayor explained same in regard to a change in the voting procedure and method of each city's dues for membership in the ICC, Motion was made by Councilman Duffin seconded by Councilman Silva and carried that the City Council approve the change in voting procedures as presented and the method of each city's dues for member- sh ip. A letter from Mr. Samuel R. Spencer in regard to the Mesa Road Development was presented. Mr. Samuel Spencer addressed the Council and further explained same and reported that Dr. Carl Bozzo had ver- bally agreed to provide the land in the subject area for a private well for the Mesa Road Development, same to be dedicated to the City and said well to be installed at the City's specifications. Discus- sion was had in regard to same by Council. Motion was made by Council- man Batrez seconded by Councilman Duffin and carried that the Council agrees to pursue the proposal for the private well offer, subject to certain stipulations specifically that the Gavilan College Board is in accord with said proposal and the same is constructed to the City's specifications and if adequate water supply is available. Staff was ...... , I ......" Housi ng Authority instructed to prepare an engineer's report for the proposal of the 3431 subject well if same is approved by the College. Councilman Hughan and Pate voted IInoll on the motion. A request of the Housing Authority of the County of Santa Clara for a reduction in utility rates was presented. Mr. John Burns addressed the Council and further explained said request. Motion was made by Councilman Duffin seconded by Councilman Stout and carried that the request be denied. Counci lman Batrez voted IInoll on the. moHon. Housing Funds A letter from the City of Palo Alto requesting support in re- instating Federal Housing Funds was presented. Councilman Pate further explained same and requested Council direction for voting on said matter at the Planning Policy Committee level. Motion was made by Councilman Batrez seconded by Councilman Stout and carried that Councilman Pate be directed to vote in favor of the subject resolution supporting same for reinstating Federal Housing Funds as presented. ~i .....- Oro Loma Sani- ta r y D i st. ~ I A request of the Oro Loma Sanitary District for a resolution requesting the Governor to designate Bay Area Sewerage Services Agency as Bay Region Planning Agency for Water Pollution Control was presented. Motion was made by Councilman Hughan seconded by Councilman Batrez that Resolution No. 1708 in support of said request be adopted. RESOLUTION NO. 1708 RESOLUTION CALLING ,ON THE GOVERNOR OF THE STATE OF CALIFORNIA TO DESIGNATE BAY AREA SEWAGE SERVICES AGENCY AS SAN FRANCISCO BAY REGION PLANNING AGENCY FOR WATER POLLUTION CONTROL. PASSED AND ADOPTED this 5th day of February, 1973, by the following vote: AYES: COUNCIL MEMBERS: BATREZ, DUFFIN, HUGHAN, PATE, SILVA, STOUT, and GOODRICH COUNCIL MEMBERS: None' COUNCIL MEMBERS: None NOES: ABSENT: .J Natll Inventor's A request of Peninsula Patent Law Association Requesting the Week week of February 11 be designated as National Inventorls Week was pre- sented. Hearing no oDjection the Mayor declared same. S.C.Co. Plan. Pol icy Com. & Airport Land UseCom. Rev. Sharing ..... li brary Site ..... Plan, Com. Report 1/18/73 Plan. Com. Report 2/1/73 The Mini Minutes of Santa Clara County Planning Policy Committee and Airport Land Use Commission Meetings of January 11,1973, were noted. Councilman Pate requested that the Planning Department summarize Baylands proposal for the Council Agenda in order for the City to act upon said proposal. Councilman Pate also requested that Planning Commission agendize the appointment of a representative on the Urban Development and Open Space Advisory Committee to replace Planning Commissioner Chiesa who indicated that he does not wish to continue to serve on said Committee. Councilman Pate further noted that the proposal for the construction of a planned development for a complex near the airport would have to be overruled by the City of San Jose since the Commission denied said proj ect. A letter from the Santa Clara County Taxpayers' Association, Inc. in regard to Revenue Sharing Funds was noted. A letter from Attorney Robert W. Webber in regard to the status of City litigation for the Doyle property re: the library site was noted. The Report of the Planning Commission meeting of January 18, 1973, was noted. Discussion was had on the proposed criteria and standards for the development of Junk Yards, Salvage Yards and Auto Wrecking Yards. Council inquired of the requirements regarding landscaping, site lighting, and operation and referred same back to Staff for further study. The Report of the Planning Commission meeting of February 1, 1973, was noted. Motion wasrrade by Councilman Stout seconded by Councilman Pate and carried that the plans and specifications as presented for Denny's Restaurant to be located at the northwest corner of Leavesley Road and San Ysidro Avenue be approved as submitted. 3~e2 re: national Chrysalis P & R Report 1/16/73 Concession Stand Xmas Hill Pk. Mon th 1 y Reports Dec. '72 Disbursements Res. #1709 Chestnut St. Mont. St. Beautifica- tion Proj. Land Acq. re: Sr. Ci tizens Cerl1:t1er Med. Ins. Premiums Industrial Wastewater System Inter- City Administrator Wood presented and read a letter from the Attorney for Mr. & Mrs. Joe Akino (King's Rest Motel owners) appealing the decision of the Planning Commission granting a Conditional Use Permit to International Chrysalis, Inc. for a Drug Abuse and Alcoholic Clinic at 8065 Monterey Street. Motion was made by Councilman Pate seconded by Councilman Silva and carried that a hearing on said appeal be set for February 20, 1973. The report of the Parks and Recreation Commission meeting of January 16, 1973, was noted. Motion was made by Councilman Hughan seconded by Councilman Silva and carried that the Concessionaire Contract be awarded the Gilroy Little League under the same conditions as the present operator for the facilities at Christmas Hill Park. It was noted that the concessionaire is in accord with same. ~ . , - The Summary of Monthly Reports of December 1972 was noted. The Report of Disbursements from January 1, 1973, to and includ- ing January 31, 1973, was presented and discussed. Motionwas made by Councilman Hughan seconded by Councilman ilva that Resolution No. 1709 authorizing the transfer of excess ~treet right of way on Chestnut Street to S~rah Brem as per a prior agreement. RESOLUTION NO. 1709 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AUTHORIZING THE MAYOR TO EXECUTE A GRANT DEED. PASSED AND ADOPTED this 5th day of February, 1973, by the following vote: AYES: COUNCIL MEMBERS: BATREZ, DUFFIN, HUGHA, PATE, SILVA, STOUT, and GOODRICH NOES: COUNC I L MEMBERS: None ABSENT: COUNC I L MEMBERS: None ~ A Report of the Director of Public Works on a letter from the State Division of Highways was presented regarding future modifica- tions of Monterey Street (Beautification Parking Plan). Council con- curred to proceeding with Alternate No.1. Councilman Pate recommenqed that the report and letter be referred to the Downtown Merchants' Beauti- fication Committee to advise them of same. - City Administrator Wood presented a Report on the proposed Senior Citizens. Center. Discussion was haQ in regard to same. Motion was made by Councilman Pate seconded by Councilman Silva and carried that the City Administrator be authorized to proceed with the purchase of the apartment house at 7390 Hanna Street if said purchase price is in accord with the appraisal of same. It was noted that Council desired to purchase said building even if same were not to be utilized for a Senior Citizensl Center. The Mayor noted that the City still had a committment to the Senior Citizens' organization in regard to a center. A Report on the increased employee medical insurance premiums for California Western States Life Insurance Company (Cal-West) and Kaiser Foundation was presented and further explained by Assistant City Administrator Reinsch. Discussion was had on the matter. Council indicated their intention to continue to pay the employees' portion of the insurance premiums but requested that Staff investigate the Insurance Companyls obligation to maintain the insurance premiums for at least one year under the present contract. ..... - A report on the Industrial Wastewater System was presented and discussed. Council recommended that the Industrial users be required to remove the silting and vegetable matter at the industrial plants prior to entry into the City system, Motion was made by Councilman Hughan seconded by Councilman Stout and carried that Staff be authorized to proceed on the three recommendations as follows: 1) Continue to meet and discuss the silting problem with Gilroy Foods, Gentry, and Cal Can; Res. #1710 & 1711 re: TV Training & Prisoner Trans. Vehicle ".. ..... "",. I .... Ross Pk. Homes #5 144 Sunrise Pk. #5361 Intro. Ord. re: Council Salaries ,...... I -- 1971 Uniform Fire Code Candidates re: Gen. Mun. Election 2) Proceed with a new rate schedule based upon the amount of suspe~d~i33 solids in the industrial effluent; and 3) authorize immediate design and funding for the pumping station and outfall line. A report from Chief of Police Laizure was presented and further explained by Chief Laizure requesting authorization to file two grant applications for TV Training Program and Prisoner Transportation Vehicle. Motion was made by Councilman Pate seconded by Councilman Silva and carried that the request to file grant applications as presented be approved. Motion was made by Councilman Pate seconded by Councilman Silva that the reading of Resolution No. 1710 be waived and that it be adopted. RESOLUTION NO. 1710 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY, CALIFORNIA, AUTHORIZING THE FILING OF AN APPLICATION FOR GRANT FOR A TV TRAINING PROGRAM. PASSED AND ADOPTED this 5th day of February, 1973, by the following vote: AYES: COUNCIL MEMBERS: BATREZ, DUFFIN, HUGHAN, PATE, SILVA, STOUT and GOODRICH COUNCIL MEMBERS: None COUNCIL MEMBERS: None NOES: ABSENT: Motion was made by Councilman Pate seconded by Councilman Silva that the reading of Resolution No. 1711 be waived and that it be adopted. RESOLUTION NO. 1711 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY, CALIFORNIA, AUTHORIZING THE FILING OF AN APPLICAWION FOR GRANT FOR A PRISONER TRANSPORTATION VEHICLE. PASSED AND ADOPTED this 5th day of February, 1973, by the following vote: AYES: COUNCIL MEMBERS: BATREZ, DUFFIN, HUGHAN, PATE, SILVA, STOUT and GOODRICH COUNCIL MEMBERS: None COUNCIL MEMBERS: None NOES: ABSENT: A request for Final Acceptance of Tract #5144, Ross Park Homes, Inc., was presented. Director of Public Works-City Engineer Henry recom- mended that final acceptance of the subdivision for maintenance be granted. Motion was made by Councilman Batrez seconded by Councilman Hughan and carried that final acceptance of the subdivision for maintenance be granted as recommended. Director of Public Works-City Engineer Henry presented and explained a Development Agreement for Sunrise Park, Tract #5361 with certain stipu- lations. Motion was made by Councilman Duffin seconded by Councilman Hughan and carried that the Development Agreement with certain stipulations be approved. The City Attorney presented a proposed ordinance regarding salaries for members of the City Council. Motion was made by Councilman Stout seconded by Councilman Batrez and carried that the proposed ordinance regarding salaries for Councilmembers be introduced and published by title and summary. Councilmen Duffin, Hughan, and Pate voted "no" on the motion. The report from the Council Committee on the 1971 Uniform Fire Brevention Code was tabled for one month at the request of the Committee. The City Clerk reported that the Registrar of Voters had informed the City that Mr. Randy Barbaglia, candidate filing for City Councilman in the General Municipal Election of April 10, 1973, did not qualify under the Charter residency requirement as his affidavit of registration indicated that his first registration in the City of Gilroy was April 13, 1972. The City Attorney reported on court cases regarding charter residency requirements for candidates filing for city offices. Motion was made by Councilman Hughan seconded by Councilman Stout and carried that Mr. Randy Barbagli~ does not qualify as a candidate for City Council in the Apri 1 10, 1973, General Municipal Election. T 3434 Golf Course Reservoir Adjournment . A letter from Supervisor Dan McCorquodale was presented and read requesting a meeting with the City Council to discuss any problems, etc. of t~e City. It ~as suggested that the Mayor arrange a luncheon meeting in regard to same. Director of Public Works Henry reported on the progress of the project filling the Golf Course Reservoir. The Mayor noted the presence of Planning Commission Representative DeBell. At 12: 12 a.m. on Tuesday, February 6, 1973, motion was made by Councilman Pate seconded by Councilman Silva and carried to adjourn to Tuesday, February 20, 1973. Respectfully submitted, ./