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Minutes 1972/11/06 Roll Ca 11 r I G i 1 roy, Ca 1 i forn i a November 6, 1972 3403 The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:04 p.m. Present: Council Members: Fred P. Batrez, John Hughan, John E. Pate, David V. Stout and Norman B. Goodrich. Absent: Council Members: George T. Duffin and Anthony C. Silva. , -- Intro. newemp. & promotion Fireman Utility F ;ilreman The Mayor introduced the following new employees: Edward R. Montez, Apprentice; Robert T. Sanchez, Gilbert Hernandez, Larry Lopez, Men Trainees; and Morris McHenry, Jr., recently promoted from Apprentice to Fireman. Consent Calendar ~C-';'''I -..... Councilman Stout requested that Item B on the Consent Calendar be removed, same setting a Public Hearing date of November 20, 1972, for Architedtural and Site Approval Procedure. Motion was made by Councilman Pate seconded by Councilman Batrez that the folbwing items on the consent calendar be approved. Passed and adopted by the following Roll Call Vote: Ayes: Council Members Batrez, Hughan, Pate, Stout and Goodrich. Absent: Council Members Duffin and~ S i 1 va. Consent Calendar Items: Council Minutes of Adjourned Regular Meeting of October 18, 1972; Set November 20, 1972, as Public Hearing on Planning Commission's Proposal to rezone from R-l to M-2 certain parcels to conform to the General Plan, located south of Banes Lane, east of the Southern Pacific Railroad, containing 22 acres, and east of South Valley Freeway, north of Pacheco Pass Highway, containing 5 acres. Discussion was had in regard to setting a public hearing to add Architectural and Site Approval Procedures to the Zoning Ordinance. Mo- tion was made by Councilman Pate seconded by Councilman Batrez and carried that December 4, 1972, be set for said public hearing to allow for addi- tional time to better inform the public of said proposal. 1973 Weed Abate. City Administrator Wood reported on Bids received October 31, 1972, eontract at 11:00 a.m. for the 1973 Weed Abatement Contract. Fire Chief Brittain explained said bids. Motion was made by Councilman Pate seconded by Councilman Hughan and carried that the bid of C. J. Simms, Co., Inc, in the amount of $6,509.43, be approved and awarded. Pub.Hear. re: Prezoning Leavesley #2 Anre x. 72-7 r ~ I -..., Res. #1684 Fire Chief Brittain requested Council direction in regard to increasing the 10% administrative cost to property owners for the weed abatement charges. Council requested City Administrator Wood to determine the actual cost to the City for said Weed Abatement Program prior to Council fixing a definite administrative charge for same. The Mayor stated that it was the time and place scheduled for a public hearing on a prezoning request upon annexation to H-C (Highway Commercial) for property located at the northwest corner of Leavesley Road and San Ysidro Avenue (Leavesley #2 Annexation 72-7). Director of Public Works-City Engineer Henry explained the proposed prezoning request and location of same. The Mayor asked if there was anyone in the audience wishing to speak for or against the prezoning. Mr. Dan Christopoulus, representing the property owners addressed the Council and further ex- plained said prezoning request. Motion was made by Councilman Batrez seconded by Councilman Pate and carried that the public hearing be closed. The property. Stout that adopted. City Attorney presented Resolution No. l~84 prezoning said Motion was made by Councilman Pate seconded by Councilman the reading of Resolution No. 1684 be waived and that it be 3404 Pacheco Pass Annex. 72-6 RESOLUTION NO. 1684 RESOLUTION OF THE CITY OF GILROY GRANTING A SPECIAL ZONING EXCEPTION PURSUANT TO SECTION 49 OF THE ZONING ORDINANCE OF SAID CITY PERMITTING H-C (HIGHWAY COMMERCIAL) DEVELOPMENT OF "LEAVESLEY NO.2 ANNEXATION 72-7" ON THE NORTHWEST CORNER OF LEAVESLEY ROAD AND SAN YS I DRO AVENUE. PASSED AND ADOPTED this 6th day of November, 1972, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: BATREZ, HUGHAN, PATE, STOUT, AND GOODRICH COUNCIL MEMBERS: N0NE COUNCIL MEMBERS: DUFFIN and SILVA The Mayor stated that it was the time and place scheduled for a public hearing on the prezoning request upon annexation to M-2 (Light Industrial) for property located on the southerly side of Pacheco Pass Highway easterly of and adjacent to Gilroy Foods (Pacheco Pass Annexation 72-6). Director of Public Works-City Engineer Henry explained the proposed prezoning. The Mayor asked if there was any- one in the audience wishing to speak for or against the proposed pre- zoning. There was no comment from anyone in the audience. Motion was made by Councilman Pate seconded by Councilman Batrez and carried that the ~ublic hearing be closed. The City Attorney presented an ordinance prezoning said property. Motion was made by Councilman Stout seconded by Councilman Hughan and carried that the reading of the ordinance be waived and that it be introduced and published by title and summary. ] Leavesley #2 A petition from Sam Filice, et al, was noted requesting an&exa- tion of uninhabited territory to be known as "Leavesley #2 Annexation 72-7 to the City of Gilrol' located on the north side of LeavesJey Road between San Ysidro Avenue and South Valley Freeway containing 2.224 acres. Res. #l685 Fire Dept. Personnel Aux. Po 1 i ce Officer City Dump S. Mont. #2 Annex. 71-4 Mr. J. R. Chuy Garcia, representing the property owners, addressed the Council noting that the State of California had verbally reported to LAFCO of no objection to the annexation but have failed to put same in writing; therefore, requiring a public hearing on said annexation. The City Attorney presented and explained Resolution No. 1685 setting a public hearing for said proposed annexation. Motion was made by Cocncilman Batrez seconded by Councilman Pate th~ the reading of Resolution No. 1685 be waived and that it be adopted. ,..... :....J RESOLUTION NO. 1685 RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO CITY OF GILROY OF UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "LEAVESLEY NO. 2 ANNEXATION 72-7 TO THE CITY OF GILROY" AND GIVING NOTICE OF TIME AND PLACE FOR HEARING OF PROTESTS THERETO. PASSED AND ADOPTED this 6th day of November, 1972, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: BATREZ, HUGHAN, PATE, STOUT and GOODRICH None DUFFIN and SILVA A letter from Margaret Cetola commending the Fire Department personnel was noted. Council requested that letters of commendation be forwarded to said personnel. A Memo from the Chief of Police was noted in regard to recent actions of Auxiliary Police Officer, Edward Paradella in rescuing a small boy. Council requested that a letter of commendation be for- warded to Mr. Paradella for his efforts. ~ ..J A letter from the Santa Clara County Health Department was noted in regard to the City Dump operations. City Administrator Wood noted that the South Valley Refuse Company have indicated that corrective steps will be taken in regard to same. A request from Mr. Pasquale LaMacchia was noted for dis-annexa- tion for property known as "South Monterey No.2 Annexation 71-4". Said matter was referred to the City Attorney to determine the procedure to accomplish same. Prop. #18 S.C.Co. Plan. Pol.Com. S.C.Co. Trans. Com. Meet. "..... S.C.Co. Health Dept.-Dog License fees, etc. -- Tree Removal Plan. Com. Report 10/l9/]2 Plan. Com. Report ll/3/72 '! ......, Personnel Com. Report 10/26/72 P. & R. Com. Report 10/25/72 Lib. & Cult. Com. Meet. Monthly Reports Disbursements /fI!IIV""" Open Space Zone Com- m i t tee ...... Auct i on Budget Amend. Acct. 20 ~'~-~~'--- ----1 3405 A letter from Baus & Ross Company, Los Angeles, was noted in opposition to Proposition #18. The Mini Minutes of Santa Clara County Planning Policy Committee Meeting of October 26, 1972, were noted. The Mini Minutes of Santa Clara County Transportation Commission Meeting of October 11, 1972, were noted. A letter from the Santa Clara County Health Department in regard to Dog License Fee Changes and Spay - Neuter Services available was noted. A letter from Mr. Sydney S. Johnson, attorney, was noted in re- gard to removal at the corner of Eighth and Rosanna Streets. City Adminis- trator Wood recommended combining all tree regulations under one Section of the City Code and assign responsibility in accord with our present operat i on s. The Report of the Planning Commission meeting of October 19, 1972, was noted and discussed. Discussion was had in regard to the conditional use permit granted Carl E. Bozzo to allow a Day Care Center for children at 766 First Street. It was noted by Staff that said center was allowed on the basis that same would be restricted to the children of the tenants within the complex. The Report of the Planning Commission Meeting of November 3, 1972, was noted. Discussion was had in regard to the Tentative Map of Donald Manzo for development of 67 units on approximately 4 acftes. Motion was made by Councilman Hughan seconded by Councilman Batrez and carried that this matter be continued to the next Council Meeting in order for the developer to attempt to resolve the questions raised by Council in r~gard to access in and out of the property, flood control measures, etc. The Report of the Personnel Commission meeting of October 26, 1972, was noted. The Report of the Parks and Recreation Commission meeting of October 25, 1972, was noted. The Minutes of the Library and Culture Commission Meetings of September 5, 1972, and October 3, 1972, were noted. The Summary of Monthly Reports of September 1972 was noted. The Report of Disbursements from October I, 1972, through October 31, 1972, was noted. Discussion was had in regard to the request of the Planning Com- mission for Council representatives on the Open Space Zone Committee of the Planning Commission. The Mayor appointed Councilmen Stout and Hughan to represent the Council on same. A report on the results of the City's Public Auction held on October 28, 1972, was noted. A request for an amendment to Account 20C2 in the amount of $6,500 to accommodate a grant approval received after approval of the current Budget was presented. Motion was made by Councilman Pate seconded by Councilman Batrez and carried that the amendment be approved to increase Account 20C2 as requested. 3406 Water Pollution Contro I frOO1 Facilities meet Proj. they Census PEP Mondelli House 8th & Chest- nut Sts. Co. requests for meetings Truck Route Standish Acres Unit #2 Fire Dept. personnel regulations Urban Dev. po I icy A proposal on Water Pollution Control Facilities Project Study Consoer, Townsend & Associates was presented. Council agreed to with the Council of the City of Morgan Hill in regard to same when are available to meet. A request was presented for authorization of the City Administra- and Assistant City Administrator to execute an Annual Census Estimate Agreement with the State of California on behalf of the City, previously approved by Council. Motion was made by Councilman Stout seconded by Councilman Hughan and carried that City Administrator Fred O. Wood and Assistant City Administrator Cecil A. Reinsch be authorized to execute said agreement on behalf of the City with the State of California for the annual Census estimate. ~ ......., A report on the status of the Public Employees Program (PEP) was noted. City Administrator Wood reported on a proposed sale of a city- owned house (to be moved) at the northeast corner of Chestnut and Eighth Streets. City Administrator Wood reported that no bids were received at the date advertised for same; that four (4) written bids have since been submitted. Motion was made by Councilman Hughan seconded by Councilman Pate and carried that the four (4) bids received be opened. Same 'were opened as follows: 1. Dean W. Cook - $635.00; 2. Smith Howard - $2,513.00; 3. Clifford Jeske - $2,100.00; and 4. Guido Sargenti - $1,260.00. Motion was made by Councilman Hughan seconded by Councilman Stout and carried that the bid of Smith Howard in the amount of $2,513.00 be accepted and awarded. Mr. Joseph Mondelli, addressed the Council and requested that his lot be put in the same condition it is now in after said house is moved. A request from the County of Santa Clara was noted to meet with the Council regarding a Progress Report on South County Planning Study and allocation Criteria for Housing Mix in Santa Clara County. Counci 1 agreed to meet at 7:00 p.m. on November 13, 1972, to discuss the Housing Mix prior to a previous scheduled meeting with the Planning Commission at 8:00 p.m. on said date, and to set the meeting regarding Progress Report on South County Planning Study at a later date. ~ ........ Councilman Hughan inquired of the trucks parking on First Street at the north property line of Brownell School. It was noted by the City Attorney that when the truck route signs are posted that the City would be able to issue citations to owners of trucks parked elsewhere through- out the City. Director of Public Works-City Engineer Henry noted that the Division of Highways would have to be contacted in regard to the park- ing on First Street. Council noted that they were not in accord with trucks parking on a designated truck route if same were located in resr- dential areas. Director of Public Works-City Engineer Henry presented prelimi- nary questions asked of Standish Acres, Unit #2 in regard to an environ- mental impact study. Discussion was had in regard to said development. Motion was made by Councilman Pate seconded by Councilman Batrez and carried that the Environmental Impact Statement of Standish Acres, Unit #2 Development be accepted as presented. ..... Personnel Director Reinsch presented regulations in regard to facial hair permitted for Fire Department personnel, same approved by the Commission. ...... Mr. Lewis, representing the heirs of the estate of Mrs. O. B. Clar for property between Mesa Road and the Santa Teresa Expressway requesting revision of the City's Urban Development Policy adopted October 2, 1972. Discussion was had in regard to the matter. Motion was made by Councilman Hughan seconded by Councilman Pate and carried that the request of Mr. Lewis be denied. Councilman Stout voted "no" on the motion. Adjournment 3407 The Mayor noted the presence of Planning Commissioner Chiesa and parks and Re~reation Commission representative Matranga. The Mayor noted the Downtown Beautification Committee meeting of November 9, 1972. The Mayor noted the League of Cal ifornia Cities Peninsula Division meeting of November l6, 1972 at 7:30 p.m. in San Francisco. At 11:03 p.m., the meeting was adjourned. Respectfully submitted, cz4u<?~ ;;-~ ./ City Clerk