Minutes 1971/09/20
1 3270
Roll Ca 11
Minutes
1971-72 Alley
Repair
Prog.
Hearing appeal
re: Use Per-
m i t/ James
Allan & Sons
G i 1 roy, Ca 1 i forn i a
September 20, 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. Goodrich.
The Minutes of the Regular Council Meeting of September 7, 1971,
were approved as mailed and recorded.
City Administrator Wood reported that the following bids were re-
ceived on the 1971-72 Alley Improvement Program Project 1971-3: (1)
George C. Renz Construct.ion Company, Gilroy... $7,880; (2) Granite
Construction Company, Watsonville - $11,443.00; (3) Eilert & Smith, San
Jose - $12,495.00; (4) Northland Construction Company, Inc., Aptos -
$16,700.00; recommending that the low bid of George Renz Constructio~
. Company, in the amount of $7,880.00 be awarded as recommended.
The Appeal of Nick J. Livak, attorney for "Gilroy Citizens for
Better Community P1anning" in reference to the Planning Commission's de-
cIsion granting a Conditional Use Permit to James Allan & Sons, was pre-
sen ted'. . '
City Administrator Wood addressed Mr. Livak and noted that the
appeal was in his name and asked him if he wished to name the members of
the group known as "Gilroy Citizens for Better Community Planningll for
the record. Mr. Livak stated that the members of this group are the .
people who signed the petition.
City Administrator Wood introduced Mr. Charles Dull, superinten~
dent of Engineering for James Allan & Sons" and Mr. Richard Graham,
attorney for said firm.
City Administrator Wood read the Notice of Appeal stating the
reasons for same. The City Attorney defined the nature of this hearing
and read from the City Code in reference to an alleged error in the
Planning Commission's granting of the use permit.
f/P".n.,...
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Res.#1594
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!
, I
....."...
Pub. Hear. re:
Wm. Lyon Dev.
for PUD
.......
3271
City Administrator Wood noted that. the Planning Commission's
meeting of August 19, 1971, had been fully transcribed and that copies
of this transcript along with copies of Resolution No. 546, granting
the conditional use permit, had been received by members of the Council
in their agenda packets.
Mr. Livak addressed the Counci 1 stress ing the fact that the IIGi 1-
roy Citizens for Better Community Planningll did not oppose the James
Allan & Sons Meat Packing Plant situating in Gilroy but were opposed to
the proposed plant site.
Mr. Livak stated that he has additional testimony regarding flood-
ing at the proposed site. The City Attorney interrupted, noting that
additional testimony could be introduced at this time at Council's dis-
cretion. Council concurred.
Mr. Livak recalled the floods of 1955 and 1958 which included the
subject site. Mr. Livak further stated that he did not recall all six
(6) conditions of the use permit being discussed at the Planning Commis-
sion1s August 19 meeting. The City Attorney noted that these are stand-
ard conditions as set forth under Sec. 71.b(3) of the Zoning Ordinance;
further noting that in an M-3 District, there are controls set forth in
the Zoning. Ordinance in reference to obnoxious odors, pollution, etc.,
and that these conditions are subject to abatement.
City Administrator Wood commented on the flooding problem at. the
proposed site noting that since the completion of Uvas Dam and the rais-
ing of the grade by the Division of Highways, there has been no heavy
flooding in that area, according to Mr. Frank LaMacchia. Mr. Wood fur-
ther stated that he was in receipt of a letter from the Bay Area Pollu-
tion Control Board stating that they had had no problem with the Allan
Plant regarding odor pollution. Discussion was had by Council.
The City Attorney noted that if the referendum fails, we still
have the issue based on the Planning Commission's resolution re: (1)
Did the Planning Commission error in imposing adequate controls; (2) Did
they have any basis for reaching their conclusion. Further discussion
was had.
Councilman. Pate stated that, for the record, he had read the full
transcript of the Planning Commission's August 19 meeting, and further
noted that the General Plan does not, and should not, answer all questions
for the Council and that it should not be an exact blueprint for city
planning.
The City Attorney read Resolution No. 1594, Denying Appeal of
Resolution No. 546 of the Planning Commission Granting a Conditional
Use Perm it to James A 11 an & Sons on 45 acres. I t was moved by Counc i 1-
man Pate seconded by Councilman Silva and tarried that Resolution No.
1594 be adopted.
RESOLUTION NO. 1594
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DENYING THE APPEAL FROM
RESOLUTION NO. 546 OF THE PLANNING COMMISSION GRANTiNG A CONDITIONAL
USE PERMIT TO JAMES ALLAN AND SONS.
PASSED.AND ADOPTED this 20th day of S~ tember, 1971, by the following
vote:
AYES:
COUNCIL MEMBERS:
Batrez, Duffin,
and Goodrich
None
None
Hughan, Pate, Silva, Stout,
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Discussion was had. For the record, Councilman Hughan noted that
he had read the transcript in full.
The Mayor stated that it was the time and place for a public
hearing on the request of William Lyon Development Company for a Resi-
dential Planned Unit Development for property located on the east side
of Church Street approximately 375 feet north of Pierce Street, contain-
ing 8.2 acres. Councilman Stout wished to be considered absent from dis-
cussion. The Mayor asked if there was anyone in the audience wishing to
speak for or against the development. .As there were no comments from
anyone in the audience, it was moved by Councilman Duffin seconded by
3272
Ref.Petition
James Allan
Plant
Pre-zoning
Ord. #936
Spec.
E 1 e c t i on
Cont'd Pub.
Hear. re:
PUD-Wm.
Lyon Dev.Co.
Councilman Batrez and carried that the public hearing be closed. Dis-
OJssion was had.
Secretary of the Planning Commission Henry noted that the develop-
ers may not be in attendance until 9:00 o'clock. The City Attorney sug-
gested that the hearing be re-opened. The Mayor re-opened the hearing. ..
It was moved by Councilman Pate seconded by Councilman Batrez and car-
ried to continue the public hearing until the developer arrives. ..
re: The City Clerk filed a Referendum Petition opposing Ordinance No.
935 (pre-zoning for James Allan & Sons Meat Packing Plant) noting that
there were 3,405 registered voters in the City and that there were 670
signatures on said petition, one of which had been withdrawn, and that
552 signatures were certified as valid by the County Registrar of Voters.
.....
The City Attorney explained that the City had two alternatives: ...
(1) to repeal Ordinance No. 935; or (2) set a Special Referendum Elec-
tion, noting that November 23, 1971, was the.earliest date if Council
wishes to hold said election'on a Tuesday.
Motion was made by Councilman Hughan seconded by Councilman Pate
and carried that a special election be set for the first qual ified
Tuesday and denying the appeal of Ordinance No. 935.
The City Attorney read Ordinance No. 936, effective upon adoption,
calling for a Special Municipal Election to determine if the prezoning
of 73 acres being annexed to the City to M-3 (Heavy Industrial) shall
become effective. Motion was made by Councilman Duffin seconded by
Councilman Hughan and carried that Ordinance 936 be adopted.
ORDINANCE NO. 936
, r
AN ORDINANCE OF THE CITY OF GILROY CALLING A SPECIAL MUNICIPAL ELECTION,
AFTER FILING OF A VALID REFERENDUM PETITION, TO DETERMINE IF THE PREZON-
ING OF 73iACRES OF LAND BEING ANNEXED TO THE CITY OF GILROY TO M3 (HEAVY
INDUSTRIAL) SHALL BECOME EFFECTIVE.
PASSED AND ADOPTED this 20th day of September, 1971, by the following
vote:
AYES:
,,...
....
COUNCIL MEMBERS:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Batrez, Duffin, Hughan,
and Goodrich.
None
None
Pate, Silva, Stout,
The City Attorney noted that said ordinance was to be published
once a week for two (2) consecutive weeks in the Gilroy Dispatch.
The Mayor continued the public hearing of William Lyon Development
Company for a Planned Unit Development on North Church Street, and asked
if there was anyone present representing said firm.
Mr. Gene Taylor of William Lyon Development Company, addressed the
Council and explained his company's proposal to subdivide the property
into approximately 72 lots and to develop a duplex-type unit on two lots
with a "0" lot 1 ine through the unit. He further noted that these would
be 2, 3, and 4 bedroom, and one and two story units; that the lots would
range from 3,000 to over 4,000 square feet in area.
Mr. Taylor introduced Dick Cecchi, engineer with the firm of Mac-
Kay and Somps, who further explained the proposed development. Discussion
was had in reference to minimum lot size and traffic, flow onto Church
Street. The City Attorney noted that under an R-3 zoning, the density
could be greater tham the proposed plan shows.
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Planning Commission Chairman DeBell commented on his reasons for
approving the Planned Unit Development. Motion was made by Councilman
Pate seconded by Councilman Duffin and carried that the Public Hearing
be closed. Discussion was had at Council level. Motion was made by,
Councilman Pate seconded by Councilman Silva and carried that the Planned
Unit Development be approved with the added condition that lot sizes would
be a minimum of 4,000 square feet each. Motion was made by Councilman
Pate seconded by Councilman Duffin and carried that the reading of Reso-
lution No. 1595 approving said Planned Unit Development be waived and
that it be adopted.
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RESOLUTION 1595
3273
RESOLUTION OF THE CITY OF GILROY APPROVING A PLANNED UNIT QEVELQPMENT
PERMIT, SUBJECT TO COMPLIANCE WITH THE PLANS, SPECIFICATIONS, A~D.DE~IGNS,
FILED WITH THE APPLICATION AND THE CONDIT10NS IMPOSED HEREIN, FOR THE
PROPERTY LOCATED ON THE EAST S I DE OF CHURCH STREET 375, FEET NORTH OF
PIERCE STREET, CONTAINING ~,2 ACRES.
PASSED AND ADOPTED this 20th day of September, 1971, by the following
vote:
AYES:
COUNCIL MEMBERS:
Batrez, Duffin, Hughan, Pate, Silva, and
Goodrich
NONE
Stout
NOES:
ABS ENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
.........
Revised Library The Mayor deviated from the Agenda to accommodate Mr. Robert Wong
Site Plans A.I.A., who presented and explained the revised site plans for the new
library.
Plan. Com.
Meeting
9/16171
P. &R. Spec.
Meet i ng
9/15/71
i""""""
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Amend. to PERS
Contract
I.ntro. of
Ord.
Intro. Ord.
Mesa Rd.
G ra de
Cha~ge
,.. .",
:
l_~
I ntro. Ord.
Pkg. on
I G)OF~ Ave..
bet. Forest
& Murray
Mr. Wong addressed the Council qnd also noted that the new Fire-
house Headquarters Building would be completed in one month.
Mr. George Farrier, county librarian, addressed the Council and
commented on the progress of the library plans.
Motion was made by Councilman Hughan seconded by Councilman Pate
and carried that the revised library site plans, as presented, be ap-
proved.
Secr~tary of the Planning Commission Henry noted the Report of
the Minuted of the Planning Commission's meeting of September 16, 1971;
further noting that Commissioner Stephenson would serve as alternate to
the Planning Policy Committee.
A report of the Minutes of the Parks and Recreation Commission's
Special Meeting of September 15,1971, re: Northside Park, were noted.
Parks and Recreation Director Ayer presented the Rough Grading
Plan for Northside Park and introduced Mr. Kazuao Abey, landsc~pe archi-
tect, who further explained the rough grading plan. Discussion was had
re: parking ~reas, access, and the provision of water for the lake area.
Motion was made by Councilman Pate seconded by Councilman Duffin
and carried that the Rough Graqing Plan for Northside Park b~ approv~d
subject to the City Engineer's approval and authorized the Call for bids
before the winter rains set in. Counci Iman Stout voted "No" on said
mo t i on
Assistant City Administrator Reinsch explained his request for,
Council adoption of an ordinance authorizing the Mayor to sign ~n ag~ee-
ment with P.E.R.S. to adopt the early retirement age for public safety
employees. Motion was made by Councilman Hughan seconded by Councilman
Silva and carried that said ordinance be intorduced and published by
title and summary and the reading of same be waived.
re: The City Attorney explained an ordinance for introduction order-
ing the Change of Grade on Mesa Road. Motion was made by Councilman
Pate seconded by Councilman Silva and carried that said ordinance be
introduced and published by title and summary and that the reading .of.
same be wa i ved.
re: The City Attorney explained a proposed ordinance required to
allow one (I). hour parking on the north,si.de of I.O.O.F. Avenue between
Forest Street and Murray Avenue. Motion was made by Counci Iman Pate
seconded by Councilman Batrez and carried that said ordinance be intco-
duced and published by title and summary and that the reading of same
be waived. The City Attorney also noted that the City Administrator
can establish crosswalks and loading zones.
3274
Flea Mkt.
Gil. H.S.
Dri 11
Team
Prop. Park
acq. re:
Lands of
E. H. Pied
mont
Req. to
Sol i ci t
Transmi tta I
of S ta te
Funds to
1 oca 1 bank-
ing agent
PIa n. Po 1 .
Minutes
8/26/71
AMBAG Water
Management
Study Rep.
Res. of Gav.
Student
S ena te op-
posing site
of James
Allan Meat
Pkq. Plant
Ins. Com.
Meeting
Open Space
Program
(S.C .Co.)
Ba II et Lessons
(p .&R.
Dept.
Adjournment
req. City Administrator Wood presented a request of the Gi Iroy High
School Dri 11 Team to conduct a Flea Market at Jimls Sport Shop and
Bank of America Parking Lots and closing off Fourth Street between
Monterey and Eigleberry Streets between the hours of 8:00 a.m. and
6:00 p.m., September 26, 1971. It was noted that all proceeds from
spaces sold will be used for uniforms for the newly formed Gi Iroy High
School Drill Team. It was moved by Counci Iman Pate seconded by Councilman
Duffin and carried that said permission be granted.
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Site City Administrator Wood presented a request from E.H. Piedmont
for the City to withdraw its interest in a park site (Eastside Park)on
his lands or to acquire the total parcel. Motion was made by Councilman
.Pate seconded by Councilman Duffin and carried that this matter by re-
ferred back to the Parks and Recreation Commission ,for further discussion
and that the owner be notified that Council will discuss same at their
next Counci 1 Meeting. Councilman Stout wished to be considered absent
from this discussion.
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lIIIIIlI
City Administrator Wood presented a request from the Santa Clara
County Cha~ter of the March of Dimes requesting a permit to solicit
during January, 1972. Motion was made by Counci I~dn Hughan seconded by
Councilman Pate and carried that said request request be approved.
City Administrator Wood presented a letter from the State Control-
ler noting that a new system has been developed to enable IIsame day"
transmittal of State funds to local governments. Motion was made by
Counci Iman Duffin seconded by Counci lman Pate and carried appr0ving a
change in procedure to take advantage of "same day" transmi tta 1 of funds
from the State Controllerls .Office to the CLtylS local banking agent.
Com. The Minutes of the Santa Clara County Executive and Planning
Pol icy Commi ttee Meetings of Atlgust 26, 1971 ,were noted.
A letter was noted from the City of Morgan Hill approving appoint-
ment of Counci lman Silva as "South County" representative to AMBAG IS
Water Management Study Committee and suggestion that this appointment
be for .one year and then select a member of the Morgan Hill City Council
to complete the job of mutual representation.
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Council recognized Mr. Don Azevedo, representing Gavilan Student
Senate, who presented a resolution opposing the location of the James
Allan & Sons' Meat Packing'Plant. Said resolution was read, noted, and
fi 1 ed.
Coulilcilman Duffin noted the meeting of the Insurance Committee
stating that a recommendation would be made .at the next Council Meeting.
Director of Public Works- City Engineer Henry noted that the County
would like to come down and make a presentation regarding Open Space
Programs.
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Parks and Recreation Director Ayer noted that the Parks and Recreation
Department would be sponsoring ballet lessons on a contractual basis.
Motion was ,made by Counci lman Duffin seconded by Counci lman Pate and
carried that a fee of $1.25 per lesson be approved.
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. At .11 :40 p.m. the meeting was adjourned.
;;A~ {JI, Ed-hyJ ~
Deputy City Clerk
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