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Minutes 1970/07/20 3134 Gilroy, California July 20, 1970 ...... The Regular Meeting of the Gilroy City Council was called to order by His Honor Norman B. Goodrich at 8:02 p.m. - Roll Ca 11 Present: Courc i1 Members: George T. Duffin, Mark E. Kennedy, John E. Pate, Everett C. Wentworth, and Norman B. Goodrich. Absent: Council Members: Fred P. Batrez and Anthony C. Silva. ~ Minutes The Minutes of the Regular Meeting of July 6, 1970, were approved as mailed and recorded. ~ Bid Opening- Princeval1e St. Imp. Proj. 70-3 City Administrator Wood reported on the following bids received in regard to construction of "Princeval1e Street Improvement Project 1970-3, opened July 20, 1970, at 2:00 p.m.: Granite Construction Co., $21,820.00; George Renz Construction Co. , $20,720.00; Samuel Spencer, $22,250.00; Eilert & Smith, Inc., $21,842.00; and A. J. Raisch Paving Co., $21,189.00; noting apparent low bid of George Renz Construction Co. Motion was made by Councilman Kennedy seconded by Counci1manWentworth and carried that the low bid of $20,720.00 be awarded to George Renz Construction Company subject to the Assist- ant City Attorney's approval. Councilman Batrez entered at 8:05 p.m. and took his seat at the Council table. Cont.d Pub.Hear. The Mayor stated that it was the time and place scheduled re: Rezoning for the continued Pub1 ic Hearing on a proposal initiated by the E.Side of Planning Commission to rezone from R-3 (Low Density Multiple Resi- City from dence) District to R-l (Single Family Residence) District property R-3 to ~-l bounded on the east by the City Limits, on the south by Seventh and East Streets, on the west by Forest Street, and on the north by Intro. of Walnut Lane Subdivision and Gilroy Apartments Development. Ord. ~. ..... The City Administrator presented and read a letter from Judge John Klarich on behalf of Mr. & Mrs. Chiado protesting the proposed rezon i ng. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Director of Publ ic Works Henry reported on a map showing existing multiple and single-dwelling units, protesting areas, and non-protesting areas. Discussion was had.' Councilman Wentworth stated that the Chiado letter should be noted and filed as a protest to the rezoning. As there were no comments from anyone in the aud- ience, motion was made by Councilman Batrez seconded by Counci,lman Duffin and carried that the Public Hearing be closed. Motion was made by Councilman Pate seconded by Councilman Duffin and carried that an ordinance be introduced rezoning said property from R-3 to R-l with the exception that those properties protesting to the Plan- ning Commission and Council remain as R-3 and that those properties with present R-3 and R-2 usage shall remain at said usage. To be published by title and summary. ""'11II\ I Cont'd Pub.Hear. The Mayor stated that it was the time and place for thevcon- re: Rezoning tinued Pub1 ic Hearing on a proposal initiated by the Planning Com- prop. @ N.E. mission to rezone from R-3 (Low Density Multiple Residence) District cor. of Mur- to R-l (Single Family Residence) District property located at the ray & 100F northeast corner of Murray Avenue and I.O.O.F. Avenue, north of I.O.O.F. Avenue approximately 915' and east of Murray Avenue to the existing City Limits. """'" - ...... . "". - r- Pub. Hear. re: Rezoning Prop. (@ 10th & Mont. (Cha11en Rea 1 ty) ....... Res. #1490 ~, , t I.....f 3135 The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. As there were no comments from anyone in the audience, motion was made by Councilman Kennedy seconded by Councilman Pate and carried that the Public Hearing be closed. Motion was made by Councilman Duffin seconded by Councilman Kennedy and carried that an ordinance rezoning said property be in- troduced and published by title and summary. The Mayor stated that it was the time and place for a public hearing on the Report and R~commendation of the Planning Commission upon a proposal initiated by the Planning Commission to rezone from C-2 (General Commercial) District to R-l (Single Family Residence) District, 10.5 acres located approximately 650'south of Tenth Street on the west side of Monterey Street. Director of Public Works Henry explained the Planning Commis- sion's recommendation regarding said rezoning. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposa 1. Mr. Kenneth Cha11en, Realtor, 1369 Winona Street, San Jose, California, representing the owner of said property, addressed the Council objecting to the rezoning, noting that h.is client was not aware at the time of purchase of any proposed zoning revisions. Dis- cussion was had. Director of Public Works Henry stated that basically, the Planning Commission was adhering to the General Plan regarding such zoning initiations. Motion was made by Councilman Duffin seconded by Counci 1man Wentwowth and carried that the Pub1 ic Hearing be closeEl. Further discussion was had regarding R-1 zoning along Monterey Street. Motion was made by Councilman Wentworth seconded by Councilman Batrez and carried that the present C-2 zoning be continued for three years; same to be reviewed by the Planning Commission three years from now if this zoning is not utilized, and that the reading of Resolution No. ,1490 continuing the present C-2 zoning for three (3) years be waived and that it be adopted. RESOLUTION NO. 1490 RESOLUTION OF THE CITY OF GILROY TERMINATING AND DEFERRING FOR THREE (3) YEARS FURTHER ACTIONS TO REZONE FROM IC-2"(GENERAL COM- MERCIAL) DISTRICT TO "R_111 (SINGLE FAMILY RESIDENCE) DISTRICT 10.5 ACRES LOCATED APPROXIMATELY 650 FEET SOUTH OF TENTH STREET ON THE WEST SIDE OF MONTEREY STREET, GILROY, CALIFORNIA. PASSED AND ADOPTED this 20th day of July, 1970, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Pate, Wentworth and Goodrich COUNCIL MEMBERS: None COUNCIL MEMBERS: Silva NOES: ABSENT: Report of Plan. The Report of the Planning Commission Meeting of July 16, 1970, Com. Meet. was heard noting the possibil ity of establishing a pol icy whereby 7/16/70 the architectural features of a new or remodeled structure shall conform to those of an already existing structure within a one (1) year time period. ,.,.,-.;'~"". Meri t Step Increases I......-' "",,'1 Agree. Eng. Services re: Reg. Sewage Treat.Plant - City Administrator Wood requested Salary Merit Increases for the following employees to become effective July 1, 1970: Paul Crumrrne, Utilityman, from Range 25C, $631/mo. to D, $663/mo; Lee Eloff, Patrolman, from Range 30C, $805/mo. to D, $846/mo.; and Gil- bert Horta, Patrolman, from Range 30A, $731/mo. to B, $767/mo. Mo- tion was made by Counci~man Duffin seconded by Councilman Pate and carried that the Salary Merit Increases be granted as requested. City Administ,rator Wood presented a Report on the En'gineering Services Agreement with Consoer, Townsend & Associates for the Pro- posed Regional Sewerage Treatment Plant. Motion was made by Council- man Duffin seconded by Councilman Kennedy and carried that the agree- 3136 Right of Way: Northwood #2 (Mantell i) \ meht be approved and the Mayor be authorized to execute same. City Administrator Wood presented an agreement with Mr.Henry Mante11i covering dedication of existing right of way in conjunction with Northwood Unit No.2. Discussion was had regarding possible drainage problems. Motion was made by Councilman Wentworth seconded by Councilman Pate that the agreement be approved and the Mayor'be authorized to execute same. .... ... City-County Rds. Director of Public Works Henry reported on the capping and Capping Prog. paving program for City-County Rural Roads, and requested approval to proceed with paving the City's portion of Farrell, Liman, Lilly, and Carlyle Avenues; further requesting amend~ent of Account 35C2, in the total amount of $22,000 for said work. Discussion was had. Motion was made by Councilman Wentworth seconded by Councilman Duf- finand carried that the request to proceed with said work and to amend Account 35C2 be granted. Budg. Amend. Acct. 35C2 lIIIIt i ~....J Final Map-North- Director of Public Works Henry presented the Final Map, Tract wood Unit #2, No. 4849, Northwood Unit No.2. Tract 4849 Res. #1491 Dev. Agree. re: Nor thwood Unit No.2, Tract #4849 Budget Amdn't Acct. 40C2 Mr. Ray Swaner, Vice-President of Bollenbacher & Kelton, ad- dressed the Council objecting to the recent change in fee schedules regard i ng water, sewage and dra i nage fees;. however, stat i ng there were no objections to the engineering fee. Discussion was had. Motion was made by Councilman Duffin seconded by Councilman Wentworth and carried that Resolution No. 1491 extending the effective date for the newly adopted water, sewage and drainage fees to August 1, 1970, be adopted and the reading of same be waived. RESOLUTION NO. 1491 RESOLUTION OF THE CITY OF GILROY AMENDING RESOLUTION NO. 1474 ES- TABLISHING STANDARDS FOR THE SUBDIVISION OR DEVELOPMENT OF PROPERTY: DEFINING MINIMUM TYPE AND QUALITY OF THE PUBLIC SERVICE, FACILITIES ... REQUIRED, BY AMENDING THE EFFECTIVE DATE FROM JUNE 8, 1970, TO AUG- UST 1, 1970. ."", PASSED AND ADOPTED this 20th day of July, 1970, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Pate, Wentworth and Goodrich NOES: COUNC I L MEMBERS: None ABSENT: COUNCIL MEMBERS: Silva Director of Public Works Henry read stipulations to the Develop- ment Agreement for Northwood Unit 2, Tract #4849, and requested ap- proval of said agreement and an amendment to Account 40C2 in the amount of $10,000 for a sewage 1 ift statJQ.n~ Motion was made by Counci lman Duffin seconded by Counci lman Wen,tworth and carried that the Final Map and the Development Agreement for Northwood Unit 2, Tract #4849~ be approved and the City Administrator and/or Mayor be authorized to execute same and that Account 40C2 be amended in the amount of $10,000/ Rec. Bldg. Plans, Director of Pub1 ic Works Henry requested approval of the Rec- Madonna Vi1- reational Building Plans, Sec. 49, Madonna Village. Motion was 1age made by Councilman Wentworth seconded by Councilman Batrez that said plans be approved. Warde D. Watson rezoning-0.186 ac. (@ Murray & Leaves1ey Ord. #890 ~ Mayor Goodrich presented Ordinance No. 890 rezoning 0.186 acres located on the north side of Leavesley Road, west of Murray Avenue, from R-A (Residence Agriculture) District to C-1 (Neighbor- hood Commercial) District, Warde D. Watson, applicant. Motion was made by Councilman Wentworth seconded by Councilman Duffin that the reading of Ordinance No. 890 be waived and that it be adopted. ...... ORDINANCE NO. 890 ...... AN ORDINANCE OF THE CITY OF GilROY AMENDING THE ZONING ORDINANCE OF - ........ [ [ c '!IIIiIiiiiilliil Golden Gate Annex. 70-5 Res.#1492 De n y i n g Same 3137 SAID CITY BY REZONING 0.186 ACRES, MORE OR LESS, LOCATED ON LEAVESLEY ROAD 125 FEET WEST OF MURRAY AVENUE FROM R-A (RESIDENCE AGRICULTURE) DISTRICT TO C-1 (NEIGHBORHOOD COMMERCIAL) DISTRICT. PASSED AND ADOPTED this 20th day of July, 1970, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Pate, Wentworth and Goodrich COUNCIL MEMBERS: None COUNCIL MEMBERS: Silva NOES: ABSENT: City Administrator Wood presented a petition for the annexation of "Go1den Gate Annexation 70-5 to the City of Gi1roi', containing 30.75 acres. Motion was made by Counci 1man Wentworth seconded by Councilman, Duffin that an Ordinance be adopted annexing said terri- tory to the City. Discussion was had. Councilman Jack Pate stated that he felt very strongly about the con ta i nmen t of commun i ty deve 1 opmen t and tha t th is type of 111 eap- frogging" annexing could pose problems to the City regarding City services. Mr. John Hughan addre'ssed the Counci 1 commending Counci lman Pate for taking a stand on the annexation of patchwork territories to the City and stated that he felt very strongly about the orderly growth of the City. Councilman Wentworth stated that he wished to withdraw his motion for annexation of said territory. Motion was made by Council- man Pate seconded by Councilman Duffin and carried that the petition for "Go1den Gate Annexation 70-5 to the City of Gilroy" be denied and the reading of Resolution No. 1492 denying said application be waived and that it be adopted. RESOlUTION NO. 1492 RESOLUTION OF THE CITY OF GILROY DENYING A PETITION TO ANNEX CERTAIN LANDS KNOWN AS "GOLDEN GATE ANNEXATION 70-5" TO THE CITY OF GILROY. PASSED AND ADOPTED this 20th day of July, 1970, by the following vote: AYES: COUNCIL MEMBERS: Duffin, Kennedy, Pate, Wentworth and Goodrich COUNCIL MEMBERS: Batrez COUNCIL MEMBERS: Silva NOES: ABSENT: Ambulance Rates City Administrator Wood presented Resolution No. 1493 revising Increase Res. ambulance servi:ce rates within the City. Motion was made by Counci1- #1493 man Wentwo~th seconded by Councilman Pate and carried-that the read- ing of Resolution No. 1493 be waived and that it be adopted. RESOLUTION NO. 1493 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING THE MAXIMUM RATE SCHEDULE TO BE CHARGED BY AMBULANCE OPERATORS WITHIN THE CITY OF GILROY. PASSED AND ADOPTED this 20th day of July, 1970, by the following vote: AYES: COUNCIL MEMBERS: .Batrez, Duffin, Kennedy, Pate, Wentworth, and Goodrich NOES: COUNC I L MEMBERS: None ABSENT: COUNCIL MEMBERS: Silva Proclamation re: Mayor Goodrich issued a proclamation proclaiming the week of "Law & Mora1- August 11-18,1970, as 11Law and Mora1ityWeek" as requested by the ity Wee~1 Christians and Jews for Law and Morality. Apptm. t to Trans. Pol. Com. Sub- Committee Offer of Prop. for Sale-lib- rary Site The Mayor appod ntedGGunc; 1ma'fIl':,Jack P.at~~ to' the 'Pu,Q 1J:Ci ;l nf9r- mation Sub-Committee of the Transportation Policy Committee. 2 City Administrator Wood presented a letter from Mrs. Shirley G. Polhemus offering to sell to the City that property located at 364 West Sixth Street in the amount of $15,500 for the new 1 ib rary site. Council deferred action on this matter until the library bonds can be marketed. 1 3138 Minutes of Exec. The Minutes of the Executive Committee of the Planning Policy Com. Meet. of Committee pf Santa C1arp County meeting of June 25, 1970, were noted. P1 an. Po 1. Com. A letter from the City of Morgan Hill in regard to. sewerage from mobile home park now under construction was noted. Letter from M.H. re: sewage vo1.- volume Mobile Home Park Civil Defense Contract City Administrator Wood noted a letter from County Civil De- fense Coordinator, Frank E. Holt, requesting the City to reconsider deletion from the budget of the contract between the City and the County for services of the County Civil Defense Office. Mr. Frank Holt, Civil Defense Coordinator, addressed the Council. Discussion was continued to the regular meeting of August 3, 1970. Letter re: A letter from the City of Carme,l thanking the City for its Disclosure of help in defeating the "disc10sure of assets 1aw" was noted. Assets law Zoning Re- visions Councilman Kennedy,remarked on, rezoning such as that brought up earlier in the meeting whereby a developer may not be aware of future zoning revisions at the time of purchase. Discussion was had. Staff was advised to alert those employees issuing copies of the General Plan and Zoning Maps to specify that the zoned areas are subject to change. Council Com- The Mayor noted the revIsion of various Council Committees mittee Apptmtsand distributed a list of appointments for the fiscal year 1970-71. Adjournment At 10:25 p.m., the Mayor adjourned the meeting. Respectfully submitted~ ~/ (i! a~;~ Deputy City Clerk