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Minutes 1950/11/22 I 1209, Gilroy, California November 22,1950 This regular adjourned meeting of the Common Council is called to order by His Honor Mayor George C.Milias. Present:Councilmen George M.Mason,J.H.Wentworth,James B.Thomas, Dale D.Daniels,Carl W.Pate. Absent: Councilman David V.stout. The Mayor announces that this is the date and time set for a public hearing on the matter of rezoning from Zone "B" to Zone "Cl" that certain property located on the north side of First Street between the westerly line of Church Street and the property of Trinchero by depth to an alley. The Mayor now asks if there is anyone present who desires to protest and/or object to the rezoning. No person appears to protest and/or object. ORDINANCE NO.489 is presented and read. Motion by Councilman Mason seconded by Councilman Pate that ORD- lNANCE NO.489 be adopted: ORDINANCE NO.489 AN' ORDINANCE AMENDING ORDINANCE NO.422 OF THE CITY OF GIlROY PROVIDING FOn THE ESTABLISBJ\1ENT IN SAID CITY OF CEI1TAIN DISTRICTS IN WHICH CLASSES OF BUILDINGS AND STRUCTURES Aim THE USE THEREOF ARE LnnTED, COMM01\1.Y KNOVm AS THE "ZONING ORDINANCE", BY CHANGING THE CLASSIFICATION OF SAID PROPERTY LOCATED ALONG TEE NORTHERLY LINE OF FIRST STREET OF THE CITY OF GIIROY FROM ZONE "Bll DISTRICT TO ZONE "Cl" DISTRICT AND CHA.NGING THE BOU1"'DARY LINES OF SAID DISTRICTS. Vote an the motion to adopt ORDINANCE NO.489 AYES: Councilmen George M.1mson,J.H.Wentworth,James B.Thomas, Dale D.Daniels,Carl W.Pate. NOES: Councilmen None ABSENT: Councilman David V.Stout. A Report ,Findings and Recommendations from the Gilroy City Planning Commission to rezone from Zone "Ell to Zone "D":all that certain tract of land bounded no the Korth by the Northerly City Limits of the City of Gilroy,on the East by Monterey Street,on the South by the premises of Be-Ge Manufacturing Company and Howson Brothers, and on the West by Miller Slough;excluding that portion 0 f said premises already in "D" district; recommending the rezoning, but only upon the condition that provision be made by dedication or by conveyance for the widening of Welburn Avenue from its present width of thirty (30) feet to sixty (60) feet and that said Avenue be so widened from IJonterey Street ,or Road, to Miller's Slough, and without cost to the City of Gilroy. RESOLUTION NO.250 is presented and read. Motion by Councilman Daniels,seconded by Councilman Thomas that RESOLUTION NO.250 be adopted. 1210 RESOLUTION NO.250 RESOLUTION NO. 250 FIXING mE TD.m AI\[) PLACE OF HEARING OF REPORT AND REC01,~'[ENDATION OF CITY PLANNIl\TG COI/1MISS ION OF THE CITY OF GILROY THAT ZONING ORDmANCE NO.422 OF THE CITY OF GILROY BE AMENDED BY RECUSSIFYIID CERTAIN PROPERTY IN TIill CITY OF GIlROY FROM "Eft BISTRICT TO "D" DISTRICT. VffiEREAS,the City Planning Commission of the City of Gilroy has reported and recommended to the Common Council of the City of Gilroy that Ordinance NO.422,conmonly known as the "Zoning Ordinance", be maended upon certain condit ions by reclassifying and placing in Zone "D" Distri~t the following described premises located in the City of Gilroy now in Zone "E" District;, to-wit: All that ceetain tract of land bounded on the North by the Northerly City Limits of the City of Gilroy,on the East by Monterey Street,on the South by the premises of Be-Ge Manufacturing Compamy and Howson Brothers, and on the West by Miller's Slough;excluding that portion of said premises already in "D" District. Reference is hereby had to the ,aps and general zoning ordinance of the City of Gilroy now on file in the office of the Ci ty Clerk. c .<. ,> WHEREAS, the laws of the State of California and the said zoning law of the City of Gilroy requires that a hearing be had before the City Council of the City of Gilroy on the said report and recommendation and it is the duty of this Council to fix the time and place of hearing. NOW, THEREFORE , BE IT RESOLVED that a hearing upon the salld report and recommendation be had before the Common Council of the City of Gilroy in the Council Chambers in the City Hall,City of Gilroy,County of Santa Clara, State of California. on Wednesday the 13th day o~ December,1950, at the hour of 8 o'clock P.M.i4nd that the City Clerk give due and legal notice thereof. ADOPTED AND PASSED this 22nd day of November,1950, by the following vote: AYES: NOES: ABSENT: Councilmen George M.Mason,J.H.Wentworth,James B. Thomas,Dale D.Daniels,Carl W.Pate. Counc i lmen None Councilman David V.Stou~ /'?Ta~- Mayo Attest: \B.~,~ Ci ty Clerk The lfuyor now discusses the recent storm and the matter of drainage on Miller Avenue between Second Street and Fifth Street,reiterating his former statement that a bad flood water situation would dwvelop in this area and that ~~.John Stelling'S attorney had called him from San Jose and stated that if the grade on Miller Avenue was changed in the least bit a suit would be filed against the city. A Report,Findings and Recommendations from the Gilroy City Plann- ing Commission recmmmending rezoning from Zone "B" to Zone "Cl" property of W.J.Hanna located on the south side of First Street between Hanna Street to Rosanna Street, as requested in a petition to the Gilroy City Planning Commission. RESOLUTION NO.251 is presented and read. Motion by Councilman Daniels ,seconded by Councilman Wentworth that RESOLUTION NO.25l be adopted. IIIIl\ ,- ~ -- ~ ....... 1211 RESOLUTION NO. 251 RESOLUTION NUMBER 251 lIXTm 'llliJir'TIMrlZAmILPIAOE.,.OF.LHEARING OF REPORT AND RECOMMENDATION OF THE CITY PlANNING COMMISSION OF. TI-IE CITY OF GILROY THAT ZONING ORDINANCE NO.422 OF TEECITY OF GILROY BE Al:!ENDED BY RECLASSIFYING CERTAIN PROPERTY IN THE CITY OF GIrnOY FROM "B" DISTRCT TO "Cl" DISTRICT. ViHEREAS, the Ci ty Planning Vommis s ion 0 f the City of Gilroy has reported and recommended to the Comrnon Council of the City of Gilroy that Ordinance No.422, commonly known as the "Zoning Ordinancetf, be amended by reclassifying and placing in Zone "Cl" District the following described premises located in the City of Gilroy now in Zone "B" District, to-wit: BEING a portion of Lot 1 in Block 5 North,Range 4 West, in the City of Gilroy, as shown on Map No.9 accompanying the report of the Referees in the Las Animas R8IIlcho Partition Suit,Action No.5536 had in the Superior Court of the State of California, in and for the County of Santa Clara, and being mora particularly described as fo llows : "BEGINNING at the northerly common corner to Lots 1 and 5 in the southerly line of First Street and running thence along the line common to said Lots S. 200 00' E. 122.50 ft;thence N. 700 00' E. 21.50 feet;thence N. 380 12' E. 29.62 feet;thence N. 200 00' W. 44.00 feet;thence N.700 00' E. 13.50 feetjthence N. 200 68' W. 63 feet to the southerly line of First Street;thence along the southerly line of First Street S.700 00' W. 60 feet to the point of beginning." Reference is hereby had to the maps and general zoning ord- inance of the City of Gilroy now on file in the office of the Ci ty Clerk, and wBEREAS, the laws of the State of California and the said zoning law of the City of Gilroy requires that a hearing be had before the City Council of the City of Gilroy on the said report and recommendation and it is the duty of this Council to fix the time and place 0 f hearing. NOW, THEREFORE , BE IT RESOLVED that a hearing upon the said report and recommendation be had before the Common Council of the City of Gilroy in the Council Chambers in the City Hall,City of Gilroy, County of Santa Clara, State of California, on Wednesday the 13th day of December, 1950 , at the hour of 8 o'clock P.M., and the City Clerk give due and legal notice thereof. ADOPTED MiD PASSED this 22nd day of November, 1950 , by the following vote. AJES: NOES: ABSENT: Councilmen George M.Mason,J.H.Wentworth,James B. Thomas,Dale D.Daniels,Carl W.Pate. Councilmen None Councilman David V.Stout. & e O1JIayor ~ ~ Attest: (g.~,~ City Clerk A communication is read from the San Jose-Santa Clara Chapter of the National Safety Council requesting that this city join with other cities of the county in a county-wide campaign "Signal for Safety" program and that the city donate $60.00 towards expenses for the campaign. Motion by Councilman Pate,seconded by Councilman Thomas and carried that the sum of ~60.00 be donated to the San Jose-Santa Clara Chapter of the National Safety Council to aid in the pro- motion of a "Signal for Safety" program in the county. 1'),12 A communication is read from the Gilroy Union High School requesting free use of Wheeler Auditorium A.Gappella Choir and Band annual Christ- mas concert on December 19th. Motion by Councilman Daniels ,seconded by Counci~aan Thomas and carried the free use of wneeler Auditorium be granted to the Gilroy Union High School A Cappella Choir and Band for their annual Chrustmas concert, December 19th and two practice sessions on the afternoon of December lSth and 19th. Councilman Wentworth,chair.man of the Ordinance Committee reports on the committees meeting with the Planning Commission relative to the watvi;gg of the provision of Resolution No.240 for Rea Subdivision No.3. It was unanimously agreed that a letter should be written by to the Council the Planning Commission/giving their recommendations and reasons for the recommendations in this matter. Adjourned subject to the call of the chair. C3.~.~ City Clerk ..