Minutes 1973/03/05
Roll Ca 11
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Intro.City
Emp.
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Consent
Calendar
Minutes
Ord.#979
Amend.
Zon. Ord.
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Pub.Hear.Re:
Gen.Plan Map
Pub. Hear. re:
Hous i ng
Element
Pub. Hearl re: ;',
Amend.Assmt.
6B-So.Chest-
nut S t. Ex t.
Proj.67-1
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March 5, 1973
G i I roy, Ca 1 i forn i a
3441
The Regular Meeting of the Gilroy City Council was called to order
by His Honor Mayor Norman B. Goodrich at 8:07 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 Mayor introduced the following City Employees: Promotion
of Michael Light from Utility Man I to Utility Man I I; Arturo R. Amaro
from Fireman Apprentice to Fireman; Harold Lawrence and Neland Doughty
from Firemen to Fire Engineers; and new employees: Teresa Romero, Clerk-
Typist Trainee and David M. Bozzo, Fireman Apprentice.
City Administrator Wood noted that Mr. Peter Weiner, had re-
quested permission to speak in regard to Item II.B. under the Consent
Calendar of the Agenda. Motion was made by Councilman Pate seconded
by Councilman Batrez that the following items under the Consent Calendar
be approved tabling Item B regarding Polling Places and Election Officers
proposed for the April 10, 1973, General Municipal Election: Passed
and adopted by the following roll call vote: Ayes: Council Members
Batrez, Duffin, Hughan, Pate, Silva, Stout and Goodrich.
Consent Calendar Items: Minutes of the February 20, 1973 Regular
Council Meeting;
Adopted Ordinance No. 979 Amending Sections 22, 23, 24 and 25
of the Zoning Ordinance.
ORDINANCE NO. 979
ORDINANCE OF TH~ CITY OF GILROY AMENDING SECTIONS 22, 23, 24 and 25
OF THE ZONING ORDINANCE RELATING TO RESIDENTIAL DISTRICTS.
PASSED AND ADOPTED this 5th day of March, 1973, by the following
vote:
A YES:
COUNCIL MEMBERS:
BATREZ, DUFFIN, HUGHAN, PATE,
and GOODRICH
None
None
SILVA, STOUT
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Set March 19, 1973, as Public Hearing re: proposed Amendment
to the General Plan Map.
The Mayor stated that it was the time and place scheduled for
a Public Hearing on the recommendation of the Planning Commission to
add a Housing Element to the General Plan. Motion was made by Council-
man Stout seconded by Councilman Silva and carried that the Public
Hearing be continued in order to allow Council additional time to study
the proposed changes in the 7th draft of said Housing Element proposal.
The Mayor stated that it was the time and place scheduled for
a public hearing on a proposal to Amend Assessment 6B of the South
Chestnut Street Extension Project 1967-1 Assessment 6B of the South
Chestnut Street Extension Project 1967-1 Assessment District. Director
of Public Works-City Engineer Henry explained said proposed amended
assessment. The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposal. There was no comment from anyone
in the audience. Motion was made by Councilman Duffin seconded by
Councilman Silva and carried that the public hearing be closed. Motion
was made by Councilman Duffin seconded by Councilman Hughan that the
reading of Resolution No. 1720 Confirming said Amended Assessment be
waived and that it be adopted.
RESOLUTION NO. 1720
A RESOLUTION CONFIRMING AMENDED ASSESSMENT-SOUTH CHESTNUT STREET EXTENSION
PROJECT NO. 1967-1 - CITY OF GILROY - ASSESSMENT No.6-B.
PASSED AND ADOPTED this 5th day of March, 1973, by the following vote:
3442
Sr. Citizens
Center
Gilroy
Center
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:.
None
None
* Note: The above public hearing was originally scheduled and published
for March 19, 1973 therefore the above proceedings and resolution are
null and void; said public hearing will be held and conducted on March
19, 1973 Counc i 1 Agenda.
Mr. Antonio Del Buono addressed the Council and inquired of
progress made by the City in regard to the proposed Senior Citizensl
Center. The Mayor informed Mr. Del Buono that the matter is under
advisement waiting for the Church property owners to obtain an appraisal
of their property.
Children's A request from the Gilroy Children's Center was presented for
support regarding objection to closing said Center, Discussion was
had on the matter. Ms. Cecilia Weymouth, teacher under the 1331
Program, addressed the Council requesting the City to include said
1331 Program under their request to support the Gilroy Childrenls
Center. Motion was made by Councilman Hughan seconded by Councilman
Pate and carried that Staff notify the state legislators and congress-
ional representative that the loss of said programs would be a hard-
ship on local citizens of Gilroy.
Polling Places
& Election
Off i cers
Woodside Homes
re: Extn.
under Sec.49
The Mayor called on Mr. Peter Weiner present in the audience
at this time requesting to speak in regard to Polling Places and
Election Officers proposed for the April 10, 1973, General Municipal
Election. Mr. Weiner addressed the Council and stated that only 2
persons with Spanish surnames were included in the proposed list of
election officers and requested Council to consider the appointment
of persons with Spanish surnames and stressed that same should be on
a paid basis rather than a volunteer basfs. Discussion was had in
regard to same by Council. The Mayor indicated that due to the re-
quired time in which election officers had to be appointed by Council
(March 9, 1973) that time was of the essence at this date; that
every effort would be made to fill vacancies on the election pre-
cinct boards with bi-lingual officers at each precinct, and that
in the event that there were no vacancies an interpreter could be
represented at each precinct. The City Clerk noted that 4 or 5
election officers proposed were believed to be bi-lingual. It was
further noted by the City Clerk that the Election Code of the State
of California stipulates that all proceedings at the polls shall be
conducted in the English language and that no election official while
on duty shall speak other than the English language. Motion was
made by Councilman Duffin seconded by Councilman Stout that the
reading of Resolution No. 1721 be waived and that it be adopted;
further, that every effort be made to fill vacancies on each of the
precinct boards with a bi-lingual officer; that in the event no
vacancies existed an interpreter would be represented at each precinct
at the standard election officerls pay of $18.00. Mr. Weiner indi-
cated that he would provide the City Clerk with bi-lingual names of
persons who would be available to work at the April 10, 1973, Election.
RESOLUTION NO. 1721
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A RESOLUTION OF THE CITY OF GILROY PROVIDING FOR THE CONSOLIDATION OF
THE REGULAR ELECTION PRECINCTS FOR CONDUCTING THE GENERAL MUNICIPAL
ELECTION TO BE HELD IN THE CITY OF GILROY ON APRIL 10, 1973, FIXING
POLLING PLACES AND DESIGNATING ELECTION OFFICERS FOR SAID GENERAL
MUNICIPAL ELECTION.
PASSED AND ADOPTED this 5th day of March, 1973, by the following vote:
AYES: COUNCIL MEMBERS: BATREZ, DUFFIN, HUGHAN, PATE, SILVA, STOUT ~
and GOODR.1 CH
NOES: COUNC I L MEMBERS: None ........
ABSENT: COUNCIL MEMBERS: None
A letter from Woodside Homes, Inc. was presented requesting
extension under Section 49 of the Zoning Ordinance for proposed con-
dominium Development granted October 4, 1970, by Resolution No. 1512.
It was noted that previous extensions were granted from October 5,
1971 (6 mos.) and April 5, 1972 (1 yrs.). Mr. John Kent addressed the
Counci'l and further explained said request. Discussion was had on
Gilroy Parent
Participa-
tion Nursery
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Employee
Commendation
the matter. Motion was made by Councilman Duffin seconded by coun~~~3
man Pate and carried that an extension to September 30, 1973, be gFanted
under Section 49 to Woodside Homes, Inc. for the proposed condominium
development and suggested to Woodside Homes, Inc. that all lots on Juniper
Drive be consolidated under a Planned Unit Development. Councilman Stout
voted "no" on the motion.
Noted a request of Gilroy Parent Participation Nursery School,
Inc. for waiver of the license fee to sponsor a circus. Further heard
from Mrs. Susan Della Maggiora, President, in regard to same. Motion
was made by Councilman Hughan seconded by Councilman Duffin and carried
that the request be denied.
A letter from Sheriff Geary was noted commending Gilroy Police
Officer Richard Lake for his recent heroic actions. Council requested
that a similar letter signed by the Mayor and City Administrator be
placed in Officer Lake's personnel file.
~lenview School A request from Glenview School Parentsl Club for Waiver of Carnival
Parentsl License Fees was presented. Motion was made by Councilman Hughan seconded
Club by Councilman Silva and carried that the request be denied.
So. Co. Lans
Use Applic.
The following South County Land Use Applications referred from
the Santa Clara County Planning Department were presented: (a) J.
Zanger, (b) J. R. Garcia, (c) R. P. Chappell, and (d) Herb Bunch. Motion
was made by Councilman Pate seconded by Councilman Stout and carried
that no opinion be made on J. Zanger, et al, application due to said
property being out of the immediate planning area of the City; and that
the applications of J. R. Garcia, R. P. Chappell and Herb Bunch not be
disapproved as they meet the current standards but that the City express
concern in regard to the lot division in the County without public im-
provement and the inherent septic tank problem.
~ Plan.Policy Com. The Minutes of the Santa Clara County Planning Policy Committee
& ALUC Min. and Airport Land Use Commission Meetings of February 22, 1973, were noted.
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S. C. Co, Trans.
Com.
Plan. Com.
Report
3/1/73
Res. #1722 re:
Junk Yard
Po 1 icy
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P & R Com.
Report
2/21/73
Personnel Com.
Report
2! 28/73
M'lnthly Reports
Disbursements
The Minutes of the Santa Clara County Transportation Commission
Meeting of February 14, 1973, were noted:
The Planning Commission Report of the March 1, 1973 meeting
was noted.
Motion was made by Councilman Hughan seconded by Councilman
Batrez that the reading of Resolution No. 1722 establishing a Junk Yard
Policy be waived and that it be adopted.
RESOLUTION NO. 1722
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING CRITERIA AND
STANDARDS FOR THE DEVELOPMENT OF JUNK YARDS, SALVAGE YARDS AND WRECKING
YARDS.
PASSED AND ADOPTED this 5th day of March, 1973, by the following vote:
AYES: COUNCIL MEMBERS: BATREZ, DUFFIN, HUGHAN, PATE, SILVA, STOUT
and GOODRICH
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
NOES:
ABSENT:
The Report of the Parks and Recreation Meeting of February 21,
1973, was noted.
The Report of the Personnel Commission Meeting of February 28,
1973, was noted.
The Summary of Monthly Reports of January, 1973, was noted.
The Report of Disbursements from February 1,1973, through Feb-
ruary 28, 1973, was noted.
3 4v4s~ayes
Study
Bicycle Safety
Grant Proj.
Chlorinators
City We 11 s
Ambulance
Service
Rezoning
PUD Zone re:
Frisone
Property
Res.#1724 re:
rezoning
denial
Valley A Report on the funding of the Uvas-Hayes Valley Study was
noted. Motion was made by Councilman Pate seconded by Councilman
Batrez and carried that the City agrees to underwrite one-half (t) of
the cost of the sub-study (Water Augmentation) for the cities of
Morgan Hill and Gilroy to a maximum cost of $3,000 by each city
with Morgan Hillis concurrence of said project and that same be
budgeted by the City of Gilroy in the 1973-74 Budget. Councilman
Stout voted "no" on the motion.
Mr. Roman of the Santa Clara County Flood Control and Water
District addressed the Council and further explained said Uvas-Hayes
Valley Study project.
A Report on the Bicycle Safety Grant
Motion was made by Councilman Pate seconded
carried that the Agreement for said project
tion be given to execute same.
~
Project was presented.
by Councilman Hughan and
be approved and authoriza-
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on A report on the need to install chlorinators on city wells was
presented and discussed. Motion was made by Councilman Silva seconded
by Councilman Pate and carried that the installation of chlorinators
on city wells be approved and that the 1972-73 budget be amended in the
amount of $7,000 for said project.
A letter from the Gilroy Ambulance Company in reply to a com-
plaint against said ambulance service was noted and ordered filed.
Discussion was had on the reaommendation of the Planning Com-
mission to rezone from M-2 (Light Industrial) to H-C (Highway Com-
mercial) to H-C (Highway Commercial) Parcels to conform with the General
Plan, located north of Howson Street to Pierce Street between Church
and Monterey Streets. Councilman Duffin noted that he would be absent
from any discussion or action on same. Motion was made by Councilman
Stout seconded by Councilman Hughan and carried that the recommendation
of the Planning Commission to rezone said property be disapproved.
~
Discussion was had in regard to the request of Larry Frisone
for a PUD Zone for 4.5 acres of property located south of Pierce
Street on both sides of Church Street. Councilman Duffin was absent
from any discussion or action on same. Motion was made by Councilman
Stout seconded by Councilman Pate that the reading of Resolution No.
1723 be waived and that it be adopted denying said request for a PUD
Zone on the subject property.
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RESOLUTION NO. 1723
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DENYING A PLANNED
UNIT DEVELOPMENT PERMIT FOR THE PROPERTY LOCATED ON BOTH SIDES OF
CHURCH STREET, SOUTH OF PIERCE STREET CONTAINING 4.5 ACRES.
PASSED AND ADOPTED this 5th day of March, 1973, by the following vote:
AYES: COUNCIL MEMBERS: HUGHAN, PATE, SILVA, STOUT and GOODRICH
NOES: COUNCIL MEMBERS: BATREZ
ABSENT: COUNCIL MEMBER: DUFFIN
Motion was made by Councilman Stout seconded by Councilman
Pate that the reading of Resolution No. 1724 be waived and that it
be adopted disapproving the recommendation of the Planning Commission
to rezone certain parcels to conform with the Gener.al Plan.
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RESOLUTION NO. 1724
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RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DENYING THE PROPOSED
REZONING ON MOTION OF THE PLANNING COMMISSION OF ALL PARCELS LOCATED
BETWEEN MONTEREY, CHURCH, PIERCE AND HOWSON STREETS FROM M-2 DISTRICT
TO H-C DISTRICT.
PASSED AND ADOPTED this 5th day of March, 1973, by the following vote:
AYES: COUNCIL MEMBERS: HUGHAN, PATE, SILVA, STOUT and GOODRICH
NOES: COUNCIL MEMBERS: BATREZ
ABSENT: COUNCIL MEMBERS: DUFFIN
I
I
911 Emergency
Phone No.
League of
Calif.Cities
Mee tin g
Adjournment
Motion was made by Counci lman Hughan seconded by Counci lman 3445
Pate and carried that the City Staff be authorized to work with the
Gi lr\i>y Chamber of. Commerce in attempting to organize a "Get Back Our
TONn" Day in connection wi th the proposed opening of the 101 Bypass.
A letter from the Board of Supervisors was presented and read
in regard to the County agreeing to pay all costs (equipment and
personnel) to provide dispatching services for the 911 Emergency Phone
System.
The Peninsula Division of the League of California Cities meeting
scheduled for March 15, 1973, at the Royal Coach Motor Inn in San Mateo
was noted.
The Mayor acknowledged the presence of Planning Commission Repre-
sentative Harrison.
Mr. Larry Frisone addressed the Council requesting guidance for
proposed development of property located south of Pierce Street on both
sides of Church Street. The City Attorney noted that the City could
not act upon same without an application or a request for specific
development of said property.
At 10:50 p.m., the Mayor adjourned the meeting.
Respectfully submitted,
/{ fj'" /_ -
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City Clerk