Minutes 1971/08/02
3256
RollI Call
Intro. emp.
promot ions
Minutes
Pub.Hear.re:
rezoning-C.
Gilmore
Res. #1585
Pub. Hear. re:
A 11 an Meat
Plant Pre-
zoning
Gilroy, California
Augus t 2, 1971
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The Regular Meeting of the Gilroy City Council was called
to order by His Honor Mayor Norman B. Goodrich at 8:00 p.m.
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Present: Council Members: Fred P. Batrez, George T. Duffin,
John Hughan, John E. Pate, Anthony C. Silva, David V. Stout and Norman
B. Goodd ch.
The Mayor welcomed the audience to the Council Meeting.
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The Mayor tabled introduction of new employee, John M.
Beeson, Police Cadet to await his presence.
The Mayor introwced the following ,employees recently
promoted: David F. Bibler and Joseph A. Romeo, Fire Engineers and
Richard L. Cox. Engineering Technician.
The Minutes of the Regular Council Meeting of July 19, 1971,
were approved as mailed and recorded.
The Mayor stated that it was the time and place schedule~
for a continued Publ ic Hearing on the application of Charles A. Gilmore
to rezone the rear 200 feet of a lot located at 7841 Miller Avenue
from R-l to R-3. It was noted that Mr. Charles A. Gilm0re was not
present. The City Attorney presented a re$olution confirming the Plan-
ning Commissionls decision to deny said rezoning request. Motion was
made by Councilman Duffin seconded by Councilman Silva that the
reading of Resolution No., 1585 be waived and that it be adopted.
RESOLUTION NO. 1585
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RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DENYING THE APPLICA-
TION OF CHARLES A. GILMORE TO REZONE THE REAR 200 FEET OF 7841.MILLER
AVENUE FROM R-l DISTRICT TO R-3 DISTRICT.
PASSED,AND ADOPTED this 2nd day of August, 1971, by the following
vote:
AYES:
COUNCIL MEMBERS:
Batrez, Duffin,
and Goodrich.
None
None
Hughan, Pate, Silva, Stout
NOES:
ABSENT:
COUNCIL M~M~ERS:
COUNCIL MEMBERS:
The Mayor stated that it was the time and place scheduled
for a publ ic hearing on theappl ication of James Allan and Sons' Meat
Processing Plant to prezone to M-3, property located east of Monterey
Highway and north of Bolsa Road, containing 73 acres.
, Secretary of the Planning Commission Henry reported on the
decision of the Commission and further report from Staff.
Mr. Charles Dull, Superintendent Engineer of James Allan &
Sons addressed the Council and explained the comapnyls proposal for
locating a plant in Gilroy.
The Mayor asked if there were anyone in the audience wish-
ing to speak for the prezoning.
iII'JIIlIII
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The fo 11 ow i ng persons addressed the Counc i 1. in support of
the James Allan & Sons' Meat Processing Plant locating in Gilroy:
Mr. Fred Feci, Secretary-Treasurer of the Butchers' Union Office-
San Jose; Dr. Carl Bozzo, D.D.S.; Philip Buchanan, D.D.S., representing
the Board of Directors of the Gilroy Chamber of Commerce; Mr. Robert
Voorhiees, representing the Retail Merchants Association; Mr. Paul Baxter,
Secretary-Manager of the Gilroy Chamber of Commerce, presenting petitions
containing 1,290 signatures in favor of the proposal; Mr. Jose Chapa; Dr.
Keller, Federal Meat Inspector; Mr. Robert Infel ise, Superintendent of
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Recess
Pub.Hear.re:
Ca tho 1 i c
Church prop.
Wren Ave.
3257
Schools; and Mr. Pasquale LaMacchia, present property owner of the pro-
posed location of said meat processing plant.
The Mayor asked if there was anyone in the audience wishing to
speak against the proposal. The following persons addressed the Council
and inquired of various questions in regard to said meat processing plant
locating in Gilroy: Alan Gherini, M.D.; Mr. Ed Mattos, Hospital Adminis-
trator, noting that he is not opposed to said meat processing plant loca-
ting in Gilroy.; however, is opposed to the site proposed and desires same
to be located further south of the city limits; Mr. Sylvester Heinberg,
Dean of Instruction at Gavilan College, noting that there is no basic
Board of Trustees' opposition to the proposed meat processing plant loca-
ting in the Gilroy area; however, noted that the Chairman of said Board
had requested clarification relative to what the impact would be on pro-
posed planned zoning between Monterey Highway and the College campus.
He noted that he was aware that said proposed plant was 3/4 of a mile
from the front edge of the proposed plant property to Santa Teresa which
is the edge of the Gavi1an property; that he spoke to some of the board
members and that they had no concern whatsoever with said Allan Meat
proposal; that they felt same was acceptable; Mr. Michael Schwartzkopf,
Manager of Mission Trails Motel, noting that he is not opposed to the
Allan Meat Processing Plant locating in Gilroy but objects to the pro-
posed site locating too close to the city limits, and suggests that a
site for same be further south of the present proposal; Mr. George Por-
cella, noting that he is not opposed to the meat processing plant locati~g
in Gilroy, however, inquired if the present sewer facilities are adequate
to service said plant.
Councilman Pate inquired if the petitions circulated opposing
the proposal were going to be fi led. Mr. Ed Mattos, Hospital Administra-
tor, reported that same would not be filed.
City Admin~strator Wood presented and read a letter previously
presented to Council and filed for future reference, from the Santa Clara
County Water Conservation District regarding the proposed meat processing
plant locating in Gilroy.
City Admini strator Wood presented and read an Impact Report
in regard to said proposed meat processing plant locating in Gilroy.
City Administrator Wood requested comment from local citizens
who visited the meat processing plant at their San Francisco location in
regard to any plant odor observed. The following addressed the Council
noting that they had visited James Allan & Sons Meat Processing Plant at
their San Francisco location, indicating that no obnoxious odor had been
observed: Mr. Gennaro Filice, property owner located adjacent to the
proposed meat processing plant site and Mr. Marenco, property owner on
South Monterey Highway.
The City Clerk reported that no petitions had been filed in
opposition to said prezoning proposal.
Motion was made by Councilman Batrez seconded by Councilman
Silva and carried that the Public Hearing be closed.
Council discussed said prezoning proposal. The City Attorney
presented a proposed ordinance to prezone to M-3 the 73 acres located
on the Pasquale LaMacchia property, east of Monterey Highway and north
of Bo1sa Road. Motion was made by Councilman Duffin seconded by Council-
man Silva and carried that the reading of the proposed ordinance be
waived and that it be introduced and published by title and summary.
The Mayor declared a recess 'at 9:56 p.m. and reconvened at
10:05 p.m.
The Mayor stated that itwas the time and place scheduled for
a public hearing on the application of the Roman Catholic Archbishop of
San Francisco to rezone property located at the northwest corner of Wren
Avenue and First Street, containing 10.5 acres from R-1 to C-l.. Secretary
of the Planning Commission Henry reported that the Planning ,Commission
had recommended rezoning of said property under Section 49 of the Zoning
Ordinance.
The City Attorney noted that said action by Council would re-
quire adoption of a resolution.
3258
Res. #1586
Rezon i ng-
Ca tho 1 i c
Church prop.
Wren Ave.
Pub. Hear. re:
S . Ma rt i n
Vyds. Rezoning
Res.#15S7 re-
zoning San
Martin Vyds.
property
Pub.Hear. re:
rezoning S.W.
corner of Car-
mel & Broad-
way,J.Elia
property
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposed rezoning.
Mr. Steward Bowie, president of S.D.C. Inc. representing the
applicant addressed the Council and explained the proposal.
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Motion was made by Councilman Pate seconded by Councilman
Hughan and carried that the Public Hearing be closed.
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The City Attorney presented Resolution No. 1586 granting said
rezoning under Section 49 of the Zoning Ordinance. Motion was made by
Councilman Duffin seconded by Councilman Hughan that the reading of
Resolution No. 1586 be waived and that tt be adopted.
RESOLUTION NO. 1586 --.
RESOLUTION OF THE CITY OF GILROY GRANTING A SPECIAL ZONING EXCEPTION ...
PURSUANT TO SECTION 49 OF THE ZONING ORDINANCE OF SAID CITY PERMITTING
C-1 (NEIGHBORHOOD COMMERCIAL) DEVELOPMENT OF THE PREMISES AT THE NORTH-
WEST CORNER OF WREN AVENUE AND FIRST STREET.
PASSED AND ADOPTED this 2nd day of August, 1971, by the following vote:
AYES: COUNCIL MEMBERS: Batrez, Duffin, Hughan, Pate, Silva, Stout,
and Goodrich
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor stated that it was the time and place scheduled for
a public hearing on the application of San Martin Vineyards to rezone
from R-l to C-l for 1,128 feet on the south side of First Street and 500
feet deep and to R-3 at the rear of the parcel, approximately 260 feet
deep.
The Mayor asked if there was anyone in the audience wishing to
speak for or against the proposed rezoning.
Mr. Floyd Shupe, developer, addressed the Council, and explained
the proposal.
Mrs. Sadie Frassetti addressed the Council opposing said re-
zoning on the basis that same would create additional traffic on Miller
Avenue.
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Mr. M. J. Filicey property owner addressed the Council explain-
ing said rezoning proposal; noting that the opening of Santa Teresa Ex-
pressway is expected to alleviate traffic on Miller Avenue.
Motion was made by Councilman Duffin seconded by Councilman
Pate and carried that the public h~aring be closed.
The City Attorney presented Resolution No. 1587 rezoning said
property under Section 49 of the Zoning Ordinance.
Motion was made by Councilman Duffin seconded by Councilman
Hughan that the reading of Resolution No. 1587 be waived and that it be
adopted.
RESOLUTION NO. 1587
RESOLUTION OF THE CITY OF GILROY GRANTING A SPECIAL ZONING EXCEPTION
PURSUANT TO SECTION 49 OF THE ZONING ORDINANCE OF SAID CITY PERMITTING
C-I (NEIGHBORHOOD COMAERCIAL AND R-3 (LOW DENSITY MULTIPLE FAMILY
RESIDENCE) DEVELOPMENT OF THE PREMISES AT THE SOUTH SIDE OF HECKER PASS
HIGHWAY 611 FEET WEST OF MILLER AVENUE.
PASSED ANDAQOPTED this 2nd day of August, 1971, by the following vote:
AYES: COUNCIL MEMBERS: Batrez, Duffin, Hughan. Pate, Silva, Stout,
and Goodrich
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
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NOES:
ABSENT:
The Mayor stated that it was the time and place schedu1eq for
a public hearing on the application of Jospeh Elia, to rezone property ..
located at the southwest corner of Carmel Street and Broadway from R-3
to P-O. ~
Councilman Stout requested that he be recorded as absent from the dis-
cussion and action taken by Council in regard to said proposal.
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Appea 1 re:
Mobile Home
S.E.comer
Leavesley &
Forest
P. & R. Com.
Report
7/20/71
Monthly Reports
June 171
Disbursements
Eu thana i r
Chamber
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League of
De 1e.gates
Jt. Meet. re:
M. H. Counc i 1
Regional
Sewerage
Report
pl......."\.
West-Am Corp.
re~ Sports
Complex
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Res. #1588 &
1589 re:
Rural Fir e
D is t.
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Director of .Public Works Henry
indicated the location of same on the
3259
presented the proposal and
map.
Motion was made by Councilman Pate seconded by Councilman
Hughan and carried that the Public Hearing be closed.
The City Attorney presented a proposed ordinance rezoning
said property. Motion was made by Councilman Pate seconded by Council-
man Silva that the reading of the proposed ordinance be waived and that
it be published by title and summary.
City Administrator Wood noted that Ruth and Going Inc. rep-
Pk.resenting Dan Teresi had requested that the heari ng of their appeal be
continued to the August 16, 1971 regular Council Meeting, same in
regard to the Planning Commission's decision denying a Use Permit to
construct a Mobile Home Park at the southeast corner of Leavesley Road
and Forest Street. The Mayor continued same to the August 16, 1971
Council Meeting.
The Report of the Parks and Recreation Commission's Meeting'
of July 20, 197.1 was presented and noted.
The Summary of the Monthly Reports of June, 1971, were noted.
The Report of Disbursements from July 1, 1971 to July 31,
1971, were noted and discussed.
City Administrator Wood presented an offer from the County
of Santa Clara to purchase the city owned Euthanair Chamber in the
amount of $1,250.00. Motion was made by Councilman P.ate seconded by
Councilman Duffin and carried to accept the County of Santa Clara's
offer to purchase said Euthanair,Chamber from the city in the amount of
$1,250.00.
Calif. City Administrator Wood presented a request of the League of
California Cities to appoint a Voting Delegat and Alternate for the
Annual League Conference. Motion was made by Councilman Pate seconded
by Councilman Batrez and carried that the Mayor and Mayor Protempore
respectively be appointed as Voting Delegate and Alternate for the
Annua 1 League .Conference.
City Administrator Wood noted that the City of Morgan Hill
had agreed to meet with the Gilroy City Council on August 4, 1971, at
7:00 pim. in Morgan Hill prior to the City of Morgan Hill's regular
meetin,g. Council requested that they be reminded of said meeting and
informed of the meeting place.
Mr. Carl Harris, representing Consoer, Townsend Engineer
addressed the Council and gave a progress report on the Regional
Sewerage Plant Engineering Study. Councilman Hughan requested that an
indication be included in the final report of industries that are heavy
water users that mayor may not be highly polluted water users. Mr,
Harris noted that same would be included within the final report.
Representatives of West-Am Corporation addressed the Council
in regard to a proposed Sports and Entertainment Complex in the Madrone
Area. Discussion was had. Council noted that they were interested in
said project, however, took no action in regard to same as it is out of
the City of Gilroy's General Planning Area.
Resolution No. 1588 was presented removing IISouth Monterey No.
1 Annexation 71-3 to the City of Gilroy" from the Gilroy Rural Fire Dis-
trict. Motion was made by Counci Iman Hughan seconded by Counci lman Bat-
rez that the reading of Resolution No. 1588 be waived and that it be
adopted.
3260
Exemp,t i on re:
Uti 1 i ty Tax
Close-Out
License
waiver
Task Force
S.C.Co. Plan.
Pol icy Com.
Meet.
Salary Review
Committee
Light
Standards
Inter-City
Council
Chamber
Barbecue
RESOLUTION NO. 1588
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 I.ISOUTH MONTEREY NO. I ANNEXATION
71-3 TO THE CITY OF GILROY".
PASSED AND ADOPTED this 2nd day of August, 1971, by the following vote:
AYES: COUNCIL MEMBERS: Batrez, Duffin, Hughan, Pate, Silva, Stout,
and Goodrich
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
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NOES:
ABSENT:
Resolution No. 1589 was presented removing "Leavesley No.1
Annexation .71-2 to the City of Gilroy" from the Gilroy Rural Fire Dis-
trict. Motion was made by Councilman Hughan seconded by.Councilman .
Batrez that the reading df Resolution No. 1589 be waived and that it be
adopted.
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RESOLUTION NO. 1589
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY WITHDRAWING FROM THE GIL-
ROY RURAL FIRE DISTRICT TERRITORY THEREIN RECENTLY ANNEXED TO THE ,CITY OF
GILROY UNDER THE .DESIGNATION IILEAVESLEY NO. I ANNEXATION 71-2 TO THE CITY
OF GILROY".
PASSED AND ADOPTED this 2nd day of August, 1971, by the following vote:
AYES: COUNCil MEMBERS: Batrez, Duffin, Hughan, Pate, Silva, Stout,
ahd Goodrich
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
NOES:
ABSENT:
The City Attorney presented an opinion in regard to exemptions
under the adopted Util~y Users Tax ordinance. The City Attorney further
reported that the hospital would be exempt from the telephone users tax
only. Discussion was had in regard to same. Motion was1made by Council-
man Hughan seconded by Councilman Silva and carried that a policy be
adopted by Council not to allow exemptions for any of the uti1 ity taxes
other than those exempt under State law.
City Administrator Wood presented a request from Rocca Bros.
Store for exemption of the license fee to conduct a Closing-Out Sale.
Discussion was had in regard to same by Council. The Mayor instructed
the City Attorney to contact the owners of said business to determine if
they had received a Court Order to conduct said sale which would auto-
matically exempt them from said l.icense fee. The Ci ty Attorney further
noted that until said Court Order is received said business would not be
exempt from the license for Closing-Out Sales.
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A letter from the Gilroy High School Distr.ict
requesting a' Counci 1 Representattve on IITask Forcell.
volunteered to accept said appointment and the Mayor
man Hughan as said representative of the City.
was presented
Councilman Hughan
appointed Council-
The Mini Minutes of Santa Clara County Planning Polic~ Com-
mittee meeting of July 22, 1971 were noted.
A Report from the Council Salary Review Committee in regard
to Supervisory Personnel of the City was presented. Councilman Stout
requested that the City Administrator review the positions of Patrolman
and Utility Men noting that said salaries were in close range to certain
supervisory personnel salaries.
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Councilman Hughan reported that fourteen light standards on
Monterey Street were damaged.
Councilman Stout inquired of correspondence received in re-
gard to Inter-City Council Meetings.
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Mr. Paul Baxter, Secretary-Manager, of the Local Chamber of
Commerce, informed Council that the annual Chamber barbecue has been
scheduled for August 14, 1971.
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Inter-City
Counc i 1
Mee t.
League of
Ca 1 if.
Cities
Meet.
Adj ou rned
3261
The Mayor noted the presence of Planning Commission Represen-
tatiye Stephenson~
The Mayor noted the Inter-City Council Meeting of August 5,
1971 at the Holiday Inn in Sunnyvale. No one indicated that they would
be able to attend said meeting.
. The League of California Cities.- .Peninsula Division Meeting
of August 12, 1971 at the World Trade Club in San Francisco was noted.
The Tout to be conducted in San Jose by William Lyon Develo-
ment Company proposed for August 5, 1971 at 9:45 a.m. was noted. Those
interested in attending were instructed to be at the City Hall at 9:00
a.m.
At 11:35 p.m. the Mayor adjourned the Meeting.
Respectfully submitted,
/ /v5J~~Clf~~~