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Minutes 1973/02/20 T 3434 Roll Call February 20, 1973 Gitroy, California The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich 'at 8:02p.m. Present: Council Members: Geor-ge T. Duffin, John Hughan, John E. Pate, Anthony C. Silva, David V. Stout and Norman B. Goodrich. Absent: Council Member: Fred P. Batrez Consent Calendar The Mayor noted the addition of Item D under the eonsent Calen- dar setting March 5, 1973 as a public hearing regarding adding the Housing Element to the General Plan. Minutes Salary Inc. Ord. #976 re: Perf. Stand- ards Housing Element Gen.Plan Pub.Hear.re: Zon.Ord. Amendments Motion was made by Councilman Pate seconded by Councilman Hughan that the following items on the Consent Calendar be approved. Passed and adopted by the following roll call vote: Ayes: Councilmembers Duffin, Hughan, Pate, Silva, Stout and Goodrich. Absent: Councilmember Batrez. Consent Calendar Items: Minutes of the February 5, 1973 Reguarl Council Meeting; Approved Salary Merit Increase for Rudolf Quintanar, Parks Foreman, Range 32.5 from Step IW' $825 to Step "B" $867, effecti ve March 1, 1973; Adopted Ordinance No. 976 Repealing Section 41.9 and Adding Section 44 Regarding Performance Standards to the Zoning Ordinance. ORDINANCE NO. 976 ORDINANCE OF THE CITY OF GILROY REPEALING SECTION 41.9 AND ENACTING SECTION 44 OF THE ZONING ORDINANCE TO ESTABLISH PERFORMANCE STANDARDS. PASSED AND ADOPTED this 20th day of February, 1973, by the following vote: AYES: COUNCIL MEMBERS: DUFFIN, HUGHAN, GOODRICH None BATREZ PATE, SILVA, STOUT and NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Set March 5, 1973, as a public hearing date regarding adding a Housing Element to the General Plan, The Mayor stated that it was the time and place scheduled for a Public Hearing on the recommendation of the Planning Commission to amend Sections 22,23,24 and 25 of the Zoning Ordinance. Planning ".- .... Pub.Hear. re: rezon i ng bet. Church & Mont. Sts. "....., ..... Pub.Hear. re: PUD req.- L. Fr i sone ~ ... Pub.Hear. re: Granite Rock Rezoning Res.#1712 Assistant Lefaver explained said amendment. Discussion was had on a~35 matter. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposed Zoning Ordinance amendment. There was no comment from anyone in the audience, Motion was made by Councilman Duffin seconded by Councilman Pate and carried that the public hearing be closed. Discussion was had by Council in regard to existing building lots conforming to the proposed zoning amendment. The City Attorney noted that if there was a hardship to existing lots under the new pro- posal that a variance could be granted. At 8:31 Councilman Batrez entered and took his seat at the Counci 1 table. Motion was made by Councilman Pate seconded by Councilman Silva and carried that the proposed ordinance amending Sections 22, 23, 24 and 25 of the Zoning Ordinance be introduced and published by title and sum- mary. The Mayor stated that it was the time and place scheduled for a public hearing on the recommendation of the Planning Commission to rezone from M-2 (Light Industrial) to H-C (Highway Commercial) certain parcels to conform with the General Plan, located north of Howson Street to Pierce Street between Church and Monterey Streets. Councilman Duffin requested permission to not enter into the discussion or vote upon said matter and the public hearing to follow re: the P.U.D. zone application of Larry Frisone due to conflicting interests in said zoning applications. The Mayor so granted same. Planning Assistant Lefaver explained the proposed rezoning. Discussion was had by Council in regard to same. Motion was made by Councilman Pate seconded by Councilman Silva that the proposed ordinance rezoning parcels on north of Howson Street to Pierce Street between Church and Monterey Streets be introduced and published by title and summary. The following Roll Call Vote was taken: Ayes: Councilmembers Batrez, Pate and Silva,; Noes: Hughan, Stout and Goodrich; Absent: Councilmember Duffin. Said motion failed for lack of a majority. Motion was made by Councilman Pate seconded by Councilman Hughan and carried that Council continue action on the rezoning recommendation to await the recommendation of the Joint Planning Commission/Council Meet- ing regarding amendments to the General Plan. The Mayor stated that it was the time and place scheduled for a Public Hearing at the request of Larry Frisone for a P.U.D. zone for property located south of Pierce Street on both sides of Church Street containing 4.5 acres. Planning Assistant Lefaver explained the request for said Planned Unit Development. Mr. Larry Frisone, 911 Second Street, addressed the Council and explained the proposal for said Planned Unit Development. Discussion was had in regard to same by Council. Mr. E. H. Duecr; A.I.A. addressed the Council and further explained the pro- posed project. Planning Assistant Lefaver presented and read letters from Gilroy Motors and Marx Chevrolet-Buick objecting to said Planned Unit Development request, same presented to the Planning Commission at their public hearing on said project. Motion was made by Councilman Pate seconded by Councilman Silva and carried that the public hearing be closed. Discussion was had by Council in regard to said request. The Mayor suggested that action on said matter be deferred until after the Joint Planning Commission/Council meeting on updating the General Plan. Motion was made by Councilman Stout seconded by Councilman Pate and carried that action on the P.U.D. request be continued to March 5, 1973, Council Meeting to await recom- mendation of the Joint Planning Commission/Council Meeting regarding amendments to the General Plan. The Mayor requested that the proposed Joint Planning Commission/ Council meeting be set for February 26, 1973, if possible. The Mayor stated that itwas the time and place scheduled for a public hearing on a request of Granite Rock Company to rezone from M2 (Light Industrial) to M3 (Heavy Industrial) District, located on the most northerly parcel of the Gilroy Industrial Park on the west side of Chestnut Street, containing 4.6 acres. For the record, City Adminis- trator Wood requested permission not to enter into the discussion on rezoning due to his relationship to the owner of the lands covered by the application. Planning Assistant Lefaver explained the proposed 3436 Hearing re: Cond.Use Permit - Intern'l Chrysal is Castlewood Pk. 72-5 Annex. Or-d. #977 rezoning. Mr. Fred Boehme, vice president of Granite Rock, addressed the Council and explained the proposal of both Phase I and I I. The conditions of the Use Permit were presented to Council in order to present all facts in regard to the rezoning request. Planning Assistant Lefaver noted that the Planning Department had received letters from three (3) cities where Granite Rock are presently operating in and that same were all favorable. Motion was made by Councilman Batrez seconded by Councilman Stout that the Public Hearing be closed. Discussion was had by Council in regard to the rezoning request. The City Attorney presented a resolution under Section 49 approving said rezoning request. Motion was made by Councilman Duffin seconded by Councilman Silva that Resolution No. 1712 be adopted approving said rezoning under Section 49. RESOLUTION NO. 1712 ~ 1 I RESOLUTION OF THE CITY OF GILROY GRANTING A SPECIAL ZONING EXCEPTION PURSUANT TO SECT! ON 49 OF THE ZON I NG ORD I NANCE OF SA rD CITY PERM I TTI NG M3 (HEAVY INDUSTRIAL) DEVELOPMENT OF A 4.6 ACRE PARCEL IN THE GILROY I NDUSTR IAL PARK. PASSED AND ADOPTED this 20th day of February, 1973, by the following vote: A YES: ....., COUNCIL MEMBERS: BATREZ, DUFFIN, HUGHAN, PATE, SILVA, STOUT and GOODRICH None None NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: The Mayor stated that it was the time and place scheduled for an appeal hearing at the request of Mr. & Mrs. Joe Akino, owners of King's Rest Motel, appealing the decision of the Planning Commission granting a conditional use permit to International Chrysal is, Inc., for a Drug Abuse and Alcoholic Clinic at 8065 Monterey Street. Mr. Francis Crawford, attorney, representing Mr. & Mrs. Akino, addressed the Council and explained the protest of the location of International Chrysalis adjacent to the Kingls Rest Motel property. The City Attorney noted that the only evidence to be heard at this hearing could be that same evidence presented to the Planning Commission at their hearing on the matter; that Council action at this time would be based upon whether or not the Planning Commission errored in their decision of granting said Conditional Use Permit. It was noted that the Planning Commission granted said Conditional Use Permit on the basis that a clinic of the nature of International Chrysalis is allowed in a Commercial Zoning District. ... ..... Mr. Rocky Morrillo, Board of Director of International Chrysalis addressed the Council and explained the propasal and opera- tion of the subjec use at 8065 Monterey Street, noting that said fac i 1 i ty had been approved by the Nat i ona 1 Ins t i tu te of Men ta 1 Hea 1 th and that their primary function is drug rehabilitation. The City Attorney noted that the Conditional Use Permit could be revoked if the conditions of the use permit were not met. Motion was made by Councilman Duffin seconded by Councilman Stout that the reading of Resolution No. 1713 be waived and that it be adopted affirm- ing the decision of the Planning Commission with certain modifications, specifically, that all conditions of said Conditional Use Permit granted International Chrysalis at 8065 Monterey Street be complied with by March 15, 1973. RESOLUTION NO. 1713 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DENYING WITH MODIFICA- --- TION THE APPEAL FROM RESOLUTION NO. 649 OF THE PLANNING COMMISSION GRANTING A CONDITIONAL USE PERMIT TO INTERNATIONAL CHRYSALIS, INC. ... PASSED AND ADOPTED this 20th day of February, 1973, by the following vo te: AYES: COUNCIL MEMBERS: BATREZ, DUFFIN, HUGHAN, PATE, STOUT and GOODRICH NOES: COUNC I L MEMBERS: S I L VA ABSENT: COUNCIL MEMBERS: No~e A petition from San Martin Vineyards Company was noced requesting annexation of 24.810 acres of uninhabited territory to be known as IICastlewood Park Annexation 72-5 to the City of Gilroy." At 10:45 p.m., the Mayor declared a recess. At 10:51 p.m., the Mayor reconvened the meeting. ",.. ..., Res. #1714 -- Complaint of Ambulance Service ..... Williamson Act App 1 i ca t i on S.C.Co. ALUC & PPC Minutes PPC & ALUC Minutes 1/11/73 Plan. & Dev. Matters re: County ",... H. Mill er Xmas Fund ... The City Attorney presented an Ordinance Annexing said terri~0~i37 of San Martin Vineyards Company. Motion was made,.by Counci Iman Stout seconded by Councilman Batrez that the reading of Ordinance No. 977 be waived and that it be adopted. ORDINANCE NO. 977 AN ORDIANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "CASTLEWOOD PARK ANNEXATION 72-5 TO THE CITY OF GILROY" AND FOR THE INCORPORATION OF SUCH ANNEXED TERRITORY IN AND AS A PART OF SUCH MUNICIPALITY FOR THE GOVERNMENT AND MUNICIPAL CONTROL THEREOF. PASSED AND ADOPTED this 20th 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 Stout seconded by Councilman Batrez that the reading of Resolution No. 1714 be waived and that it be adopted removing said territory from the Gilroy Rural Fire District. RESOLUTION NO. 1714 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY WITHDRAWING FROM THE GILROY RURAL FIRE DISTRICT TERRITORY THEREIN RECENTLY ANNEXED TO THE CITY OF GILROY UNDER THE DESIGNATION 'ICASTLEWOOD PARK ANNEXATION 72-5 TO TH E CITY OF GILROY. II PASSED AND ADOPTED this 20th 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 complaint in regard to the local Ambulance Service was noted. City Administrator Wood noted that the Ambulance Company had submitted a letter during this meeting in answer to said complaint. Due to the lateness of the hour Council tabled same to the next regular Council meeti ng. An application of James & Esther Marn for inclusion of land under the Williamson Act was presented to Council as the 30-day Notice Requirement to the City had not been complied with. Motion was made by Councilman Duffin seconded by Councilman Pate and carried that the City had no objection to said application under the Williamson Act and waived the 30 day notice period, The Mini Minutes of Santa Clara County Airport Land Use Commission and Planning Policy Committee Meetings of February 8, 1973, were noted. The Minutes of the Santa Clara County Planning Policy Committee and Airport Land Use Commission Meetings of January 11, 1973, were noted. A letter from the Board of Supervisors was noted in regard to the Henry Miller Christmas Fund for the Poor of Gilroy, A letter from St. Joseph's Welfare Center was noted in regard to the Henry Miller Christmas Fund for the Poor of Gilroy. Plan. Com. Report The Planning Commission Report of their February 15, 1973, meeting 2/15/73 was noted. Lib. & CuI t. Com.2/l/73 Charter Amend, The Minutes of the Library and Culture Commission Meeting of February 1, 1973, were noted. City Administrator Wood requested authorization to submit a Written Argument in Support of the Proposed Charter Amendment on General Election dates in behalf of the City Council. Motion was made by Council~ man Duffin seconded by Councilman Hughan and carried that submission of a written argument in support of the proposed Charter Amendment on General 3438 S.Chestnut St. Annex. 73-1 Promot i on- M. Li gh t Transit Dist. Bus Prog. Interim Seweage Treat. Plan t Stdy.Agree, LAFCO Po 1 icy Emergency Phone #911 Utilities Agree. Res.1715 Election dates be authorized as presented with changes by Council. City Administrator Wood requested authorization to file an application with LAFCO for annexation of city-owned property which is presently the extension of South Chestnut Street from Tenth Street south to be known as "South Chestnut Street Annexation 73-1 to the City of Gilroy." Motion was made by Councilman Pate seconded by Councilman Silva and carried that the City Administrator be authorized to file an application with LAFCO for annexation of City property to be known as I'South Chestnut Street Annexation 73-1 to the City of Gilroy.I' City Administrator Wood recommended promotion of Michael Light from Utility Man I to Utility Man I I. Motion was made by Councilman Hughan seconded by Councilman Si.lva and carried that Michael Light be promoted from Utility Man I to Utility Man I I as recommended. ..... ........ A Report on the Transit Districtls Proposed Bus Program was presented. Discussion was had in regard to same. Motion was made by Councilman Pate seconded by Councilman Duffin and carried that the County be notified that the City realizes an adequate Bus System is necessary to provide any service at all to the City of Gilroy; that the County proceed with their proposal for said system. A report on the Interim Sewerage Treatment Plant Study Agree- ment was presented. Discussion was had in regard to the City's liabili- ty of said agreement. Motion was made by Councilman Duffin seconded by Councilman Silva and carried that the Mayor and/or City Administra- tor be authorized to execute the Interim Sewage Treatment Plant Study Agreement as presented subject to inclusion of the City of Gilroy's liability not to exceed $5,000 for said Study. A report on recent change in LAFCO policy was presented. Dis- cussion was had on the matter. Council requested that LAFCO be noti- fied of the Cityls feelings on the matter. ~ A report on 911, Emergency Phone Number proposal, was presented. Council indicated that they would be in favor of Gilroy Planning area communications in regard to said number being dispatched by the City. A representative of Continental Phone Company: addressed the Council and explained the problem of the City dispatching calls to proper authori- ties and the additional costs involved, for existing equipment not ' included in the $31.50 per month charge. -"" Director of Public Works-City Engineer Henry requested authori- zation to execute a Utilities Agreement with the State of Cal ifornia, Division of Highways, for raising Manholes and Water Valves on Monterey Street. Motion was made by Councilman Pate seconded by Councilman Silva that the reading of Resolution No. 1715 be waived and that it be adopted. RESOLUTION NO. 1715 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A UTILI- TIES AGREEMENT WITH THE STATE OF CALIFORNIA, DIVISION OF HIGHWAYS FOR COSTS OF SANITARY SEWER MANHOLE AND WATER VALVE ADJUSTMENTS ON MONTEREY HIGHWAY WITHIN THE CITY OF GILROY. PASSED AND ADOPTED this 20th day of February, 1973, by the following vote: A YES: .... I I ...... COUNCIL MEMBERS: BATREZ, DUFFIN, HUGHAN, PATE, SILVA, STOUT and GOODRICH None None NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Dev, Agree. re: Director of Public Works-City Engineer Henry presented and ex- Denny's Rest. plained a Development Agreement for Denny's Restaurant to be located at the northwest corner of Leavesley Road and San Ysidro Avenue. Motion was made by Councilman Stout seconded by Councilman Silva and carried that the Devwlopment agreement for Denny's Restaurant be approved as pre sen ted. Res.#1716 re: agree./S.P. for 100F RRXing ",-. .... Res.#1717 re: PUC Funding ... .... Amend. Assess. 6B re: So. Chestnut Proj. 67-1 "..... Ord. #978 re: Counc i 1 Salaries ...... Director of Public Works-City Engineer Henry presented and e~4l~~ an Agreement with the Southern Pacific Railroad for Automatic Gate Crossings at I.O.O.F. Avenue. Motion was made by Councilman Pate seconded by Councilman Stout that the reading of Resolution No. 1716 authorizing execution of the Agreement for said automatic gate crossings at I.O.O.F. Avenue be waived and that it be adopted. RESOLUTION NO. 1716 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING THE EXECUTION OF AGREEMENT WITH THE SOUTHERN PACIFIC RAILROAD COMPANY FOR THE INSTALLATION OF AUTOMATIC GATES AT I.O.O.F. AVENUE CROSSING E80.l IN THE CITY OF GILROY AND THE MAKING OF AN APPLICATION TO THE PUBLIC UTILITIES COMMISSION FOR REIMBURSEMENT OF ONE-HALF OF THE COST TO THE CITY OF GILROY FOR SUCH INSTALLATION. PASSED AND ADOPTED th i s 20th day of February, 1973, by the follow i ng vote: AYES: COUNC ILMEMBERS: BATREZ, DUFFIN, HUGHAN, PATE, SILVA, STOUT and GOODRICH NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Motion was made by Councilman Pate seconded by Councilman Stout that the reading of Resolution No. 1717 be waived and that it be adopted requesting the Public Utilities Commission to Provide Funding Allocations for same. RESOLUTION NO. 1717 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING A RE - QUEST FOR ALLOCATION FROM STATE CROSSING PROTECTION CONSTRUCTION FUND FOR PARTIAL REIMBURSEMENT OF THE COST TO THE CITY OF GILROY FOR CROSS- ING PROTECTION AT SOUTHERN PACIFIC COMPANY CROSSING f80.l I.O.O.F. AVENUE IN GILROY. PASSED AND ADOPTED this 20th day of February, 1973, by the following vote: AYES: COUNCIL MEMBERS: BATREZ, DUFFIN, HUGHAN, PATE, SILVA, STOUT and GOODRICH NOES: COUNC I L MEMBERS: None ABSENT: COUNCIL MEMBERS: None Director of Public Works-City Engineer Henry requested authorization to amend Assessment 6B of the South Chestnut Street Extension Project 1967-1 Assessment District. Motion was made by Councilman Pate seconded by Councilman Duffin that the reading of Resolution No. 1718 be waived and that it be adopted directing and making of amended Assessment 6B of the South Chestnut Street Extension Project 1967-1 Assessment District, setting March 19, 1973, as Publ ic Hearing and Providing for the Publ ication thereof. RESOLUTION NO. 1718 A RESOLUTION DIRECTING MAKING OF AMENDED ASSESSMENT RE CERTAIN ASSESSMENTS UNDER RESOLUTION NO. 1110 OF PRELIMINARY DETERMINATION AND OF INTENTION - SOUTH CHESTNUT STREET EXTENSION PROJECT NO. 1967-1 - CITY OF GILROY - ASSESSMENT No.6-B. PASSED AND ADOPTED this 20th day of February, 1973, by the following vote: AYES: COUNCIL MEMBERS: BATREZ, DUFFIN, HUGHAN, PATE, SILVA, STOUT and GOODRICH NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Ordinance No. 978 in regard to Salaries of City Council Members previously introduced and published by title and summary be adopted. ORDINANCE NO. 978 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY REPEALING OR~INANCE NO. 908 AND PROVIDING FOR SALARIES FOR MEMBERS OF THE CITY COUNC I L. PASSED AND ADOPTED this 20th day of February, 1973, by the following vote: AYES: COUNCIL MEMBERS: BATREZ, SILVA, STOUT AND GOODRICH NOES: COUNCIL MEMBERS: DUFFIN, HUGHAN AND PATE ABSENT: COUNCIL MEMBERS: None 3440 Res.#17l9 re: Baylands of S.C.Co. Golf Course Reservoir Card Room Appl ication Emp. Med. Ins. ICC Meeting City Administrator Wood noted the Policy Plan for Baylands of Santa Clara County included in summary form with the Agenda. Motion was made by Councilman Pate seconded by Councilman Silva that the reading of Resolution No. 1719 be waived and that it be adopted supporting said Policy Plan for Baylands of Santa Clara County. RESOLUTION NO. 1719 RESOLUTION OF THE GILROY CITY COUNCIL SUPPORTING THE POLICY PLAN FOR THE BAYLANDS OF SANTA CLARA COUNTY. PASSED AND ADOPTED this 20th day of February, 1973, by the following vote: AYES: COUNCIL MEMBERS: BATREZ, DUFFIN, HUGHAN, PATE, SILVA, STOUT and GOODRICH None None ....,., ..... NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Progress of the Golf Course Reservoir filling project was noted. City Administrator Wood noted receipt of a Card Room License Application from Santos Garcia for a Card Room Operation at the Flamingo Club. Council referred same to the Police Chief for study and report to Council. A report in regard to the Cityls Medical Insurance premiums increase was presented. Motion was made by Councilman Stout seconded by Councilman Silva and carried that the City pay the employee's pre- mium under the Medical Insurance of Cal-West and a like amount under the Kaiser Plan. Councilman Pate noted the next Inter-City Council Meeting scheduled for March 1, 1973, in Cupertino and the Program would be County Superintendent of Schools. ..... Open/Space Com. Councilman Hughan noted an Open Space Committee Meeting scheduled ~ for February 21, 1973. Taco Burrito Alley Sidewalk repair Trucks Parking on city Sts. ABAG Adjournment Director of Public Works Henry noted that the property owner (Pelliccione) next to Taco Burrito has concurred with the City paving a 24" wide area at said location with asphalt. Councilman Silva reported a hole in the sidewalk on Monterey Street in front of Steinmetz' Pool Hall. Councilman Hughan noted that the trucks are still parking on First Street and now also on Carmel Street, south of First Street. Said matter was referred to the Police Chief. Councilman Batrez inquired of the pruning of the large Eucalyptus tree on Church Street between Fifth and Sixth Streets. The ABAG General Assembly Meeting scheduled for February 22, 1973,in Berkeley was noted. .... ........ At 11:50 p.m., the Mayor adjourned the meeting, Respectfully submitted, (' "cl!;;n-~~' / o Uu4~ City Clerk