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Minutes 1973/07/02 r Roll Call Intro. Emp. Promotion Consent Calendar Minutes Claim-Marquez Ord. #986 re: AbandonEid Ve... hicles, etc. ~ Pub. Hear. re: Kentwood Dev. Juniper & 1st Ord. #987 re: PERS 3479 July 2, 1973 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:05 p.m. Present: Council Members: Dennis L. DeBell, George T. Duffin, John Hughan, John E. Pate, Anthony C. Silva, David V. Stout and Norman B. Goodrich. The Mayor introduced Gary J. Lester, promoted from Police Patrolman to Police Sergeant. Motion was made by Councilman Duffin seconded by Councilman Hughan that the following items under the Consent Calendar be approved. Passed and adopted by the following Roll Call Vote: Ayes: Council Members: DeBell, Duffin, Hughan, Pate, Silva, Stout and Goodrich, Consent Calendar Items: Minutes of the June 18, 1973, Regular Counci 1 Meeting; Denied claim of Angelita and Miguel Marquez and referred same to the City Attorney and Cityls insurance carrier; Adopted Ordinance No. 986 Amending Chapter 15, Article 9, Sections 15.112, 15.116 and 15.117 of the City Code Relating to Removal of Abandoned, Wrecked, Dismantled or Inoperative Vehicles to Conform to Vehicle Code Requirements. ORDINANCE NO. 986 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTIONS 15.112, 15.116 AND 15.117 OF THE GILROY CITY CODE RELATING TO THE REMOVAL OF ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES. PASSED AND ADOPTED this 2nd day of July, 1973, by the following vote: AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, SILVA, STOUT and GOODRICH COUNCIL MEMBERS: None COUNCIL MEMBERS: None; NOES: ABSENT: Set July 16, 1973, as Public Hearing on Request of Kentwood Develop- ment Company for a Planned Unit Development Zone on Juniper Drive and First Street, containing 4.5 acres; Adopted Ordlnance No. 987 Authorizing Amendment to PERS Contract Providing 5% Increase in Retirement Benefits for Retired Employees. ORDINANCE NO. 987 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. 3480 Ord. #988 re: Fences Pub, Hear. re: Sec. 31, 32 & 33 of Zon.Ord. Pub. Hear. re: PUD-Bozzo (@ Ke rn & 1 s t Res. #1750 Pub. Hear.. re: Rezon i ng-L. Frisone- Church S t. PASSED AND ADOPTED this 2nd day of July, 1973, by the following vote: AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, SILVA, STOUT, and GOODRICH NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None; Adopted Ordinance No. 988 Amending Chapter 6 Article II of the City Code relating to Fences. ORDINANCE NO. 988 AN ORDINANCE OF THE CITY OF GILROY AMENDING CHAPTER 6, ARTICLE I I OF THE GILROY CITY CODE RELATING TO FENCES. PASSED AND ADOPTED this 2nd day of July, 1973, by the following vote: AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, SILVA, STOUT and GOODRICH COUNCIL MEMBERS: None COUNCIL MEMBERS: None ~ ........ NOES: ABSENT: 'The Mayor stated that it was the time and place scheduled for a Continued Public Hearing on the Report and Recommendation of the Planning Commission to amend Sections 31,32 and 33 of the Zoning Ordinance. City Administrator Wood noted that the Planning Commission had referred same to Staff in regard to a technical problem and required additional time to study same. Motion was made by Councilman Pate seconded by Councilman Silva and carried that this Public Hearing be continued to August 6, 1973, regular Council Meeting. The Mayor stated that it was the time and place scheduled for a Public Hearing on the request of Carl Bozzo for a Planned Unit Develop- ment.Zone at the northwest corner of Kern Avenue and First Street con- taining 38 acres. Planning Assistant Lefaver explained said proposal. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Dr. Carl Bozzo, Developer, addressed the Council and further explained his request. The Mayor asked if there was anyone further in the audience wishing to speak in regard to said proposal. There was no comment from anyone in the audience. Motion was made by Councilman Pate seconded by Councilman Silva and carried that the Public Hearing be closed. Discussion was had in regard to same by the Council. Motion was made by Councilman Duffin seconded by Councilman Silva that the reading of Resolution No. 1750 be waived and that it be adopted. 10.-"""'''# RESOLUTION NO. 1750 RESOLUTION OF THE CITY OF GILROY APPROVING A PLANNED UNIT DEVELOPMENT PERMIT, SUBJECT TO COMPLIANCE WITH THE PLANS, SPECIFICATIONS AND DESIGNS FILED WITH THE APPLICATION AND THE CONDITION IMPOSED HEREIN, PERMITTING DEVELOPMENT OF THE FIRST PHASE OF THAT 38 ACRE PARCEL LOCATED AT THE NORTHWEST CORNER OF FIRST STREET AND KERN AVENUE. PASSED AND ADOPTED this 2nd day of July, 1973, by the following vote: AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, SILVA and GOODRICH COUNCIL MEMBERS: STOUT COUNCIL MEMBERS: NONE NOES: ABSENT: The Mayor stated that it was the time and p1ace scheduled for a Public Hearing on the request of Larry Frisone to rezone from R-l and M-2 to R-3 prQperty located on the westerly side of Church Street, south of Pierce Street. Planning Assistant Lefaver explained the pro- posed rezoning. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Mr. Larry Frisone, 911 Second Street, addressed the Council and further explained said re- zoning request. Mr. Frisone noted that at the City request, he would dedicate the slough and parcel west of the slough to the City. Parks and Recreation Director Ayer noted that said parcel could be utilized by the City as a park storage area. The Mayor asked if there was anyone further in the audience wishing to speak for or against the rezoning proposal. There was no comment from anyone in the audience. Motion was made by Councilman Hughan seconded by Councilman Duffin and carried that the Public Hearing be closed. ~,.J Res. #1751 -- ..., Pub. Hear. re: Weed Abate. Res. #1752 ",... ..... Fence Var.- T. Zamarron ....... -- EIR l"e:Mesa Rd. PUD-Bozzo Discussion was had by Council in regard to said rezoning. 3481 The City Attorney presented Resolution No. 1751 approving said rezoning request under Section 49 of the Zoning Ordinance, Motion was made by Councilman Duffin seconded by Councilman Silva that the reading of Reso- lution No. 1751 be'waived and that it be adopted. RESOLUTION NO. 1751 RESOLUTION OF THE CITY OF GILROY GRANTING A SPECIAL ZONING EXCEPTION PURSUANT TO SECTION 49 OF THE ZONING ORDINANCE OF SAID CITY PERMITTING R-3 (LOW DENSITY MULTIPLE RESIDENCE) DEVELOPMENT OF A 3.22 ACRE PARCEL ON THE WEST SIDE OF CHURCH STREET, SOUTH OF PIERCE STREET. PASSED AND ADOPTED this 2nd day of July, 1973, by the following vote: AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, SILVA, STOUT and GOODRICH COUNCIL MEMBERS: None COUNCIL MEMBERS: None NOES: ABSENT: The Mayor stated that it was the time and place scheduled for a Public Hearing on the Fire Chief's report regarding Weed Abatement. Said report was noted. The Mayor asked if there was anyone in the audience wishing to speak for .or against said Weed Abatement Report. There was no comment from anyone in the audience. Motion was made by Councilman Hughan seconded by Councilman Duffin and carried that the Public Hearing be closed. Motion was made by Councilman Hughan seconded by Councilman Duffin that the reading of Resolution No. 1752 be waived and that it be adopted wnfirming said Report and Providing for Special Assessments. RESOLUTION NO. 1752 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CONFIRMING THE REPORT OF THE CHIEF OF THE FIRE DEPARTMENT SETTING FORTH THE DESCRIPTION OF PROPERTY, THE OWNERS THEREOF, AND THE COST OF ABATING THE NUISANCE CAUSED BY THE GROWING OF WEEDS AND ACCUMULATION OF REFUSE IN THE CITY OF GILROY, AND PROVIDING THAT SUCH COSTS SHALL CONSTITUTE ASSESSMENTS AGAINST THE RESPECTIVE OWNERS OF LAND. PASSED AND ADOPTED this 2nd day of July, 1973, by the following vote: AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, SILVA, STOUT AND GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE NOES: ABSENT: Council tabled the report of Mr. Duane Bay, Executive Director of Planning Resources, Office of Education, Santa Clara County on the Gilroy Unified School District's Proposed Planning Study to await Mr. Bay's presence. The Mayor deviated from the regular Agenda to accommodate mem- bers of the audience. The request of Sears, Roebuck & Company for a fence variance at the southeast corner of Martin and Alexander Streets for property be- longing to T. G. Zamarron was noted. Director of Public Works-City Engineer Henry noted that same had been referred by the Planning Com- mission to the Architectural and Site Control Committee who recommended approval of a 5 foot fence on the side with a 4 foot fence in front of the residence; corner area of the fence be diagonal and planting in said area. Motion was made by Councilman Hughan seconded by Councilman Silva and carried that the fence variance be granted subject to stipulations as recommended by the Architectural and Site Control Committee. Discussion was had in regard to Council's decision to require an Environmental Impact Report for the Planned Unit Development of Carl Bozzo on Mesa Road containing 28 acres. The City Attorney pre- sented a letter from the legal firm of Morrison, Foerster, Holloway, Clinton & Clark regarding the EIR requirements in connection with the proposed Spencer-Bozzo P.U.D. and a copy of his opinion on the matter. Council further heard from Mr. Richard Rhodes, A.I.A. of the project; Mr, Bill Breakey, vice-president of Madonna Development Company; Mr. Ronald Rossi, attorney for said company; and Dr. Carl Bozzo, developer. Discussion was had by Council in regard to said matter. Motion was made by Councilman Hughan seconded by Councilman Hughan seconded by Council- man Pate and carried by the following roll call vote that an Environmental Impact Report be required for said Mesa Road Project. 3482 Methodist Church Prop. N/S i de Pk. Schoo 1 D i st. Planning Study Proposal 911 Emergency Number League Legis- lative Bul- letins Ayes: Noes; Counci lmembers: Counci lmembers: DeBell, Hughan, Pate and Stout. Duffin, Silva and Goodrich Motion was made by Councilman Duffin seconded by Councilman Silva and carried by the following roll call vote that an exten~ on be granted said project under Section 49 from August 16, 1973, to February 16, 1974 (6 months). Ayes: Counci lmembers DeBell, Duffin, Pate, Si lva, Stout, and Goodrich. Noes: Councilmember Hughan. The Council noted an offer of the United Methodist Church to sell 5 acres adjoining Northside Park to the City. Motion was made by Councilman Duffin seconded by Councilman Hughan and carried that said offer of the United Methodist Church be accepted in the amount of $35,000 with the terms as outlined by the City Administrator. Councilman Stout voted "no" on the motion. ..-.- ....... Mr. Duane Bay, Executive Director of Planning Resources, Office of Education, Santa Clara County, addressed the Council in regard to Gilroy Unified School District's proposed planning study, for "Develop- ing a Comprehensive Master Plan." Council agreed to the City's Staff participation in said study. The Mayor excused Councilman Pate at 10:40 p.m. The Mayor declared a recess at 10:40 p.m. At 10:46 p.m. the Mayor reconvened the meeting. A letter from the Continental Telephone Company in regard to a delay on 911 Emergency Number was noted. A representative from the Continental Telephone Company addressed the Council and further ex- plained said delay in the Emergency 911 Number; League Legislative Bulletins of June 14, 1973, and June 22, 1973, were noted. ~ Ministerial Assoc. A letter from South Santa Clara County Ministerial Association was noted in regard to reservi ng Wednesday nights as "Church Night." Iqr,'e,'.-# Non-Partisan re- A letter from Senator Arlen Gregorio requesting support for apportionment SCA-l, Non-Partisan Reapportionment was noted. County Referrals The following county referrals of Planning and Land Development re: Land Dev. matters for comment were noted: Minor Land Divisions: Applicants Matters H. E. Moore, File #23S73.21; M. J. Star~, File #23S73.20; J. R. Garcia, File #23S73.32; and S. Malone, File #22S73.31. Motion was made by Councilman Hughan seconded by Councilman Duffin and carried that appli- cations #23S73.32 and #23S73.3l were in violation of the minimum lot size standard adopted by the Board of Supervisors and that #23S73.20 is located in the middle of a prime agricultural area in too close priximity to the city's sewer farm. Financing Letter S.C.Co. PPC Meet. S.C.Co. ALUC Meet. S.C.Co. Trans. t:om. Meet. The Stone & Youngberg Municipal Financing Letter, No. 43, June 15, 1973, was noted. The Santa Clara County Planning Policy Committee Minutes of April 26,1973, meeting and Mini Minutes of June 21,1973, meeting were noted. ..... - The Santa Clara County Airport Land Use Commission Minutes of February 22, 1973, meeting, April 26, 1973, meeting, May 17, 1973, Special Meeting and April 24, 1973, meeting were noted, The Mini Minutes of the Santa Clara County Transportation Com- mission meeting of June 13, 1973, were noted. Sign Ord. League Conf. Res. Reapportml.t & SB90 Dis- claimers ..... 3483 A letter from the California Roadside Council in regard to the recent Gilroy sign case was noted. The City Attorney noted that judgement had been entered and that the appeal time will expire in August, 1973. A letter from the League of California Cities, Peninsula Div., was noted in regard to League Conference Resolutions. A letter from Senator Bradley in regard to reapportionment and S.B. 90 Disclaimers was noted. Plan. Com. Meet. The Report of the Planning Commission meeting of June 21, 1973, 6/21/73 was noted. ..... Lib. & Cult. Com. The Minutes of the Library and Culture Commission meeting of Meet.6/5/73 June 5, 1973, were noted. Personnel Com. Meet.6/27/73 The Report of the Personnel Commission Meeting of June 27, 1973, was noted. Monthly Reports The Summary of the Monthly Reports of May, 1973, was noted. Council discussed the level of the City's wells and requested the news- papers to encourage the public to use water conservatively. Disbursements The Report of Disbursements from June 1, 1973, to and including June 30, 1973, was noted and discussed. Peace Officer Training Req. ".... ..... A Report on pe9ding legislation to increase Peace Officer Train- ing requirements was noted. Motion was made by Councilman Hughan seconded by Councilman Silva and carried that the City opposes Assembly Bills 2134 and 2135 in regard to same. Park Land Trade Council noted and filed a proposal to trade Forest Street Park Proposal for lands adjacent to Eliot School. Ord. #989 re: Th r u S t s . ....... Bus Stop Route ..... The City Attorney presented emergency Ordinance No, 989 authorizing placing of arterial stop signs, regarding South Chestnut Street Project and other locations throughout the City. Discussion was had in regard to renaming Old Gilroy Street easterly of the Freeway. Motion was made by Councilman Hughan seconded by Councilman Silva that the reading of Ordinance No. 989 be waived and that it be adopted. ORDINANCE NO. 989 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 15.43 OF THE GILROY CITY CODE DESIGNATING THROUGH STREETS IN THE CITY OF GILROY. PASSED AND ADOPTED this 2nd day of July, 1973, by the following vote: AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, SILVA, STOUT and GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBERS: PATE NOES: ABSENT: The Director of Public Worksl recommendation on the SanB Clara County's proposed bus stop route for South County was noted. Motion was made by Councilman Hughan seconded by Councilman Duffin and carried that the proposed bus stop route for South County be approved as recommended on an interim and temporary basis. Street Trees- Councilman Stout reported that tree branches need trimming at the Westwood & 3rd northwest corner of Westwood Drive and Third Street and were obliterating the stop signs. Leavesley-Welburn- Director of P~blic Works-City Engineer Henry presented bids for Mont.Xings. Leavesley-Welburn~Monterey Street water and sewer crossings and recommended awarding the bid to W. C. Smith, of Fresno, in the amount of $2,550. Mo- tion was made by Councilman Duffin seconded by Councilman Silva and carried that said bid be awarded to W. C. Smith in the amount of $2,500 as recom- monrlorl 3484 Gilroy Plaza Co. A Development Agreement with Gilroy Plaza Company for the northeast.: corner of Wr,en Avenue and First Street was presented and explained by Director of Public Works-City Engineer Henry, Staff informed Council that letters have been forwarded in regard to demolish- ing the buildings at the northeast corner of Wren Avenue and First Street. Motion was made by Councilman Hughan seconded by Councilman Stout and carried that said buildings at the northwest corner of Wren Avenue and First Street be declared a fire and safety hazard and in- structed same to be removed within the least possible legal time to accomplish same. Motion was made by Councilman Duffin seconded by Councilman Silva and carried that the Development Agreement with Gilroy Plaza Company as outlined be approved. Street Li gh t Standards Discussion was had in regard to street light standards in the vicinity of First Street from Wayland Lane to Welburn Avenue. Parkway & Allef Councilman Silva reported that tree branches are screening lighting off night lighting along public ways noting that Miller Avenue and several local alleys are the worst situations. 75 th Annua 1 Lea gue Conf. The 75th Annual Conference of the League of California Cities in San Francisco, October 21-24, 1973, was noted. Council Members plan- ning to attend agreed that reservations should be made for the Clift Hote 1. Inter-City Counc i 1 The Inter-City Council Meeting of July 5, 1973, at the Capri Restaurant in Morgan Hill was noted. Councilmembers Hughan, Pate, and Goodrich requested reservations for same. Adjournment At 11:44 p.m., the Mayor adjourned the meeting. Respectfully submitted, ,,)u,y",..zu' t JC." ~-- C i t Y C 1 e r k-~