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Minutes 1973/03/05 Roll Ca 11 """.... Intro.City Emp. ..... Consent Calendar Minutes Ord.#979 Amend. Zon. Ord. ",.,.. ...., 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 """"..- -- 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 ..... ......., ..... ....... 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 ",.... .... 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. ..... S. C. Co, Trans. Com. Plan. Com. Report 3/1/73 Res. #1722 re: Junk Yard Po 1 icy """.... ..... 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- ....... 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. -- 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. ... RESOLUTION NO. 1724 ......... 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'" /_ - .~)?(-<.14,rwu.-/(j/. /0. U-t.~ City Clerk