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Minutes 1970/09/08 elL 3153 Gilroy, California September 8, 1970 .....,"'" -.. The Regular Meeting of the Gilroy City Council was called to order by His Honor Norman B. Goodrich at 8:04 p.m. Roll Ca 11 Present: Council Members: Fred P. Batrez, Mark E. Kennedy, John E. Pate, Everett C. Wentworth, and Norman B. Goodrich. Absent: Council Members; George T. Duffin and Anthony C. Silva. ""'1 , : i .......J Minutes The Minutes of the Regular Meeting of August 17, 1970 and Ad- journed Regular Meetings of August 26, 1970 and September 2, 1970 were approved as mailed and recorded. Pub. Hear. re: The Mayor stated that it was the time and place scheduled for Weed Abatethe Public Hearing Confirming the Report of the Fire Chief in regargd to Res.#1508 Weed Abatement. He asked if there was anyone in the audience wishing to speak for or against the proposed,$pecial Assessments. There was no comment from anyone in the audience. The Report of the Fire Chief was noted. Resolution No. 1508 Confirming the Report and Providing for Special Assessments was presented. Motion was made by Councilman Went- worth seconded by Councilman Kennedy that the Public Hearing be closed. Motion was made by Councilman Pate seconded by Councilman Wentworth that the reading of Resolution No. 1508 be waived and that it be adopted~ RESOLUTION NO. 1508 ........ RESOLUTION OF THE COUNCI L OF THE CITY OF GILROY CONFIRMING THE REPORT OF THE CHIEF OF THE FIRE DEPARTMENT SETTING FORTH THE DESCRIPTION OF PROPERTY, THE OWNERS THEREOF, AND THE COST OF ABATING THE NUISANCE CAUSED BY THE GROWING OF WEEDS AND ACCUMULATION OF REFUSE IN THE CITY OF GILROY, AND PROVIDING THAT SUCH COSTS SHALL CONSTITUTE ASSESSMENTS AGAINST THE RESPECTIVE OWNERS OF LAND. PASSED AND ADOPTED this 8th day of September, 1970, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: Batrez, Kennedy, Pate, Wentwort~, and Goodrich COUNCIL MEMBERS: None COUNCIL MEMBERS: Duffin and Silva """""'. Plan. Com. Reports The Report of the Planning Commission Meeting of August 20, 1970 was presented and explained by City Administrator Wood noting with- drawal of a petition of Commercial Lease Association for a Planned Unit Development located at the southeast corner of Leavesley'Road and Forest Street, containing 11.17 acres; noted approval of a Conditional Use Per- mit to Tri-State Engineering Company, representing Douglas Oil Company to all~ a service station located at the southeast corner of Hecker Pass Road and Westwood Drive subject to certain conditions; recommended rezoning from "R-111 to IR-3" property of Woodside Homes located south of and adjacent to Hecker Pass Road approximately 520 feet west of Westwood Drive, containing 2.06 acres. Motion was made by Councilman Pate seconded by Councilman Batrez and carried that a Public Hearing of October 5, 1970 be set for said rezoning request. . "'->tlI Pub.Hear. rezoning Woodside Homes Prop. The Planning Commission Report further noted granting of a Conditional Use Permit of G. L. Standish Co., Inc., to allow an IR3" use in a "Cl" District subject to minor architectural changes, said property located 164 feet north of First Street on the west side of Hanna Street; noted granting of a Condition Use Permit to Foodmaker Inc. to allow a free standing sign at the southwest corner of Monterey and First Streets; noted a conti.nued Public Hearing before the Com- mission to September.3, 1970 for a rezoning request of Samuel R. Spencer for a Planned Unit Development from "IZ" to "RI" District located we sterly of and adjacent to Mesa Road northerly of Gavilan Junior College, containing 24.1 acres; and noting a pUblic Hearing before the Commission of September 3, 1970 re: Parking Requirements for Multiple Dwe 11 ings. ~ City Administrator Wood presented the Report of the Planning Commission Meeting of September 3, 1970 noting a continued Public 3154 Pub.Hear. re: Sec. 53.2 amendment re: Parking requirements Lib. & Cult. Minutes P.&R. Com. Report Personne 1 Com. Report Gr i evance Hearing Monthly Reports Vending Mach. Ord. Beer & Wine Li cense Transfer Annexat ion Request- Brundage Tammi Maniken Hearing before the Commission to October I, 1970 on a rezoning request of Samuel R. Spencer for a Planned Unit Development from "I_Z" to IIR_l" District located westerly of and adjacent to Mesa Road northerly of Gavilan Junior College conaining 24.1 acres; noting granting of a Conditional Use Permit to Robert L. Adams representing Bob.s Hancock Service to operate a service station and tire shop at 7998 Monterey Street subject to certain conditions; recommending amendment to Section 53.2 of the Zoning Ordinance for parking requirements for multiple' dwellings. ... .... Motion was made by Councilman Kennedy seconded by Councilman Wentworth and carried that a Public Hearing date of October 5, 1970 be set for said proposed amendment to Section 53.2 of the Zoning Ordinance. The Planning Commission report further noted approval of plans for the Standard Oil Company service station located at the corner of Monterey and Tenth Streets subject to fencing along the north 1 ine and additional planting along the fence; and noting appointment of Mr. Art Verissimo as Liaison Officer to attend meetings of the Planning Com- mission representing the School Board, replacing Dr. James Neilson. .. ..... The Minutes of the Library and Culture Commission Meeting of August 4, 1970 were noted. Councilman Pate commented on the Light Opera activities spon- sored by the Library and Culture Commission. The Report of the Parks and Recreation Commission Meeting of August 18, 1970 was noted. The Report of the Personnel Commission Meeting of August 27, 1970, was presented and explained by City Administrator Wood, recom- mending a salary adjustment of 5% above any merit increase due Sgt. Wilson upon his anniversary date of November 1, 1970 noting the Com- missions. reconsideration of said grievance matter following the Grievance Hearing on same. Motion was made by Councilman Pate seconded by Councilman Kennedy and carried that a Grievance Hearing be set for September 21, 1970 on said matter. --- .... The Personnel Commission Report further noted the Commission's recommendation for adoption of the Classification Study Plan. The Mayor appointed Councilman Kennedy, Wentworth, and Pate to study the said Classification Study Plan for report and recommendation on same. The Summary of the Monthly Reports of July, 1970 was noted and typographical error of the number of Volunteer Fire Calls, noting that there were six (6) rather than one (1) as stated on the report. A protest of Mr. Frank Borowski in regard to the City Vending Machine Ordinance was presented. Motion was made by Councilman Pate seconded by Councilman Wentworth and carried that said protest be denied and that Mr. Borowski be notified of said Council action. A Report on a request for Transfer of a Beer and Wine License at Fling.s Pizza, 303 First Street to Jasinsky and Lamon Enterprises Inc., was presented. Motion was made by Councilman Kennedy seconded by Councilman Pate and carried Staff be authorized to advise the Alcoholic Beverage Control Board that the City has no objections to said transfer. ..... ..... The request of Mr. C. R. Brundage for annexation of property to the City of Gilroy was tabled to await Mr. Brundage1s presence. A Report on Donations for a Tammi Maniken for the Fire Depart- ment was presented. Motion was made by Councilman Kennedy seconded by Councilman Pate and carried that said donations be deposited to the General Fund and a budget amendment to Account 15B8 be allowed to cover said expenditure of the Tammi Maniken. - ... Santa Teresa Express- way ....,. ~ ! Pr i nceva 11 e St.Paving Proj. ~.4 Ord. #897 Sec. 6. 11 re:Fire Zones - ......... Pajaro River Basin Study Claim re: Accident Parade of Champions County Bi- monthly Newletter ",,,,,,, .... , Minutes-S.C. Co. Plan. Exec. Com. 1-... Financing Letter S. C. Co. Trans. Policy Com. .,,--,-,,4 3155 City Administrator Wood noted a Request of the Board of Super- visors for an amendment to Resolution No. 1466 Relinquishing a Portion of Santa Teresa Expressway Within the City Limits to County of Santa Clara, noting an error in the original dimensions of said right-of-way. City Administrator Wood further recommended continuance of said matter at the request of a property owner1s attorney not receiving notice and being unable to be present at this meeting. The Mayor continued said matter to the September 21, 1970 Council Meeting. City Administrator Wood presented a request of the Director of Publ~c Works for acceptance of Princevalle Street Paving Project subject to completion of minor items. Motion was made 9Y Councilman Pate seconded by Councilman Wentworth and carried that said project be ac- cepted subject to completion of certain items and that the Director of Public Works be directed to file the notice of completion of said project. . Ordinance No. 897 amending Section 6.11 of the City Code re- garding Fire Zone No.2 was presented by the City Attorney, noting that said ordinance had previously been introduced and publ ished by title and summary. Motion was made by Councilman Kennedy seconded by Coun - ci Iman Wentworth that Ordinance No. .897 be adopted ORDINANCE NO. 897 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 6.11 OF THE GILROY ~lTY COD~ BYc,jNClUDING IN FIRE ZONE NO.2 ALL TERRITORY NOW ZONED EITHER PO; Cl OR C2 DISTRICT AND AUTOMATICALLY PLACING IN SAID FIRE ZONE ANY TERRITORY WHICH MAY HEREAFTER BE PLACED IN ANY OF SAID DESIG- NATED ZONING DISTRICTS. , PASSED AND ADOPTED this 8th day of September, 1970, by the following vote: AYES: NOES: ABSENT: COUNCJL M~MB~RS; Batrez, Kennedy, Pate, Wentworth, and Goodrich COUNCIL MEMBERS: None COUNCIL, MEMBERS: Duffin and Silva City Administrator Wood presented a request for adoption of a Resolution on a Water Quality and Supply Study.of the Pajaro River Basin. Council tabled action on same in order to hear a report and recommendation on same from Councilman Silva. A letter Claim in regard to an accident involving a City Police Vehicle on August 18, 1970 was presented. Motion was made by Council- man Wentworth seconded by Councilman Pate and carried that said claim bederlied and referred to the City.s Insurance Carrier and City Attorney. A Request for Participation in the Parade of Champions on ap- proximately October 4, 1970, was noted. City Administrator noted that the Bonanza Day Committee would be contacted to determine if they wished to participate in said event. The Bi-monthly Newsletter of County of Santa Clara Planning Department, No. 55, July, 1970 was noted. The Mini-Minutes of Santa Clara County Planning Policy Com- mittee's Executive Committee Meeting of August 27, 1970 were noted. The Municipal Financing Letter, No. 30, August 31, 1970 from Stone & Youngberg, Consultants was noted. The Minutes of Santa Clara County Transportation Policy Com- mi ttee Meeting of August 12, 1970, were noted., 3156 Co. Agree. Library Bonds City Limit Sign re- I oca t ion Water Samples Parking Area- Sno-White Drive In Library Bldg. Annexat ion - Brundage re: City Administrator Wood reported that the Board of Supervisors authorized an amendment to the Agreement to allow the City to offer Library Bonds for sale for a term not to e~ceed 25 years. Council was in favor of proceeding to offer said bonds for a 20 year term, with a 25 year term alternate. City Administrator Wood ~oted that a resolu- tion calling for sald bonds on same would be presented at the next regular Counci1 Meeting. .. - Councilman Pate noted that to date the northerly City Limit Sign had not been moved to the Correct City Limit location as previously requested. IIIIlI .... Councilman Batrez inquired of receipt of water samples taken by Santa Clara County Health Department. City Administrator Wood noted that Council previously requested that only unsatisfactory water samples be presented and that to date no such samples had been received. Councilman Batrez suggested realignment of the parking area in the lot of Sno~White Drive In and on the street adjacent to said business to attempt to eliminate accidents occurring at said inter- sec t i on. Councilman Kennedy inquired al:out painting of the wood trim at the Library Building. City Administrator Wood noted that same was the respon~ibllity of the County; that the County Librarian assured the City that same would be accomplished; that he would again contact the County in re9ard to same. The Mayor called upon Mr. C. R. Brundage in regard to a request for annexation. It was noted that Mr. Brundage1s Planner was not present and that he is expected to be present soon. .. Councilman Kennedy noted that he would not enter into the dis- cussion of said proposed annexation nor take part in Council action on same due to his personal interest in said property. ..... League of Calif. The Mayor noted the League of Cal ifornia Cities-Peninsula Divi- Cities- sion BBQ Dinner Meeting of September 17, 1970 at Lake Pilarcitos in Meet. San Mateo County. Plan. Com. Rep. Annexa t ion - Brundage The Mayor noted the presence of Planning Commissioner Repre- sentative Chiesa. Mr. Chiesa noted that he had nothing to report to Council at this time. Mr. Brundage addressed the Counc i 1 in regard to his reques t for annexation of property adjacent to the City Golf Course on Hecker Pass Highway. City Administrator Wood presented a report on same noting that the proposed development for said property would be a five star mobile . home park. Discussion was had by Council in regard to same. Council noted that extension of the sewerage facilities required for said development would be at the Developer's Expense. Mr. Brundage noted that he was aware of this requirement~ III Planning Commissioner Representative Chiesa noted that the ... City could not affort to allow development of mobile home trailer parks planned with 100% family occupation, since property taxes for mobile homes would not realize the same revenue as residential proper- ties. Councilman Pate noted that he wa~ not in favor of annexation of territories to the north and east of the present City Limits but .. had no objection to annexation of territories to the west and southerly City Limits. Discussion was had in regard to same. ... Adjournment 3157 Mr. Carl Anglan, Land Planner of Campbell, representing Mr. C. ~. Brundage, addres~ed the Council and explained the type of develop- men i proposed for the property.across from the City Go If Course to be owned by Mr. C. R. Brundage. It was noted that the Goldsmith property on Hecker Pass Highway is anticipated to be included in the proposed annexation; and noted by Mr. Bill Starritt, local realtor, that the Goldsmith property would continue the same use on the property follow- ing annexation. Councilman Wentworth sugg~sted that the Director of Publ ic Works-City Engineer investigate the possibility of an outfall sewer line along the creek, a major line 1811 or 24" main to service all laterals and development along the creek and connect to one of the City's present outfall Sewer lines. Council had no objection to the proposed annexation and development of a roobile home trailer park at said location, but took no action on same and tabled said matter to the September 21, 1970 Council Meeting to determine if Council Members Duffin and Silva have any objection to said proposal. At 9:30 p.m~ the Mayor adjourned the meeting. Respectfully submitted, A' -7' . / "/2A/:J~ ~ ~~>J~ Ci ty Clerk ~