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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 ..... The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:00 p.m. ... 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. ~ , i ..... 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 ..., I i ..... 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 .... 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 ..... ... -- ri I I U ....-.<~ , . u r"1''''i i I.-.J 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. .. Motion was made by Councilman Pate seconded by Councilman Hughan and carried that the Public Hearing be closed. lIlIlIII 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. .... ..iil , 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 ., .... 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. JiIlI!;;,...... r'" I I l... 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 ..... League of De 1e.gates Jt. Meet. re: M. H. Counc i 1 Regional Sewerage Report pl......."\. West-Am Corp. re~ Sports Complex 1..-- Res. #1588 & 1589 re: Rural Fir e D is t. ..,.. 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 IIlIIII .. 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. .. i I ....J 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. ... ... 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. MI ... 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. .. 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. .. 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~~~