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Minutes 1972/02/22 3319 Gilroy, California February 22, 1972 The Regular Meeting of the GiJroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:04 p.m. Roll Call Present: Council Members: George T. Duffin, John Hughan, John E. Pate, Anthony C. Silva, David,V. S,tout.and Normam B. Goodrich. Absent: Council Member: Fred P. Batrez. ... Intro.new The Mayor introduced the following new employees: Gordon N. Kilpatrick, Employees Police Patrolman and Joseph A. Amelio, Police Cadet. . I , Counci lman Batrez entered at 8:05 p.m. and took his seat at the Counci 1 ta b 1 e. Certificate The Mayor presented'a Certif,icate .of Service to Dale Stephenson., re- of Servo tired Planning Commissioner. Minutes The Minutes of the Regular Council Meeting of February 7, 1972 were approved as mailed and recorded. The ~ayor tabled the hearings on the Sign Ordinance to await the City Attorneyls presence. , Gilroy 5 c hoo 1 Dri 11 Team High The Mayor deviated from the regular agenda in order to. accommodate the Gilroy High School Drill Team present in the audience requesting permission to have a Flea Mark~t and Street Dance on Sunday, March 26, 1972. Motion ~s made by Councilman Stout seconded by Councilman Silva and carried that the Gilroy High School Drill Team be granted, permission to conduct a Fles Market as requested and that Fourt~ Street between Eigleberry and Monterey Streets be closed for sai~ Flea Market and Street Dance, on the requested date. ; . Pub.Hear.re: The Mayor stated that it was the time and place scheduled for a Public Prezoning Hearing on the proposal to Prezone to R-l, R-2 and R-3, property of San 3320 5 a n Ma r tin Vi neya rds Martin Vineyards Co., located north and south of Third Street bordered on the, eas t b,y Cas tl ewood Pp rk, Un i,t #4 and E 1 Robl e Schoo 1 and on the wes t by Castlewood Park, Unit #5 and Westwood Acres. Secretary of the Plan- ning Commission Henry explained said location and proposed prezoning. The Mayor asked if there was anyone' in the audience wishing to speak for or against the p~ posed prezoning. There was no comment from anyone in the audience. Motion was made by Councilman Duffin seconded by Councilman Pate and carried that the Publ ic Hearing be closed. Motion was made by Counci 1- man Duffin seconded by Councilman Stout and ,carried that the reading of the ordinance for said prezoning be waived and that it be introduced and pub- lished by title and summary. ..... .... IIIIIlIIl\ Pub.Hear.re: . The Mayor stated that iLwas the time and place scheduled for .the ... Rezoning proposal to rezone 7565 Chestnut Street from R-l to R-2.. Secretary of 7565 Chest-the ~lannil1g Commission Henry explained said rezoning request. The Mayor nut St. asked if there was anyone in the audience wishing to speak for or against the proposed rezoning. There was no comment from anyone in the audience. Motion was made by Councilman Pate seconded by. Councilman Silva and carried that the Public Hearing be closed. Motion was made by Councilman Hughan seconded by CQuncilman Stout and carried that the reading of the ordinance for said rezoning be waived and that it be introduced and published by title and summa ry. Pub.Hear.re: The Mayor stated that it was the time and place scheduled for a Public 10th St. Hearing on the proposal to Amend Assessment No. 17 re: Tenth Street Improve- Imp.Dist. ment District, Project No. 1970-4. Director of Public Works-City Engineer Amended Henry explained the proposal. The Mayor asked if there was anyone in the Assmlt. audience wishing to speak for or against the proposal. There was no comment #17- from anyone in the audience. Res. 1626 Motion was made by Councilman Duffin carried that the Public Hearing be closed. Pate seconded by Councilman Silva that the waived and that it be adopted. seconded by Councilman Pate and Motion was made by Councilman reading of Resolution No. 1626 be RESOLUTION NO. 1626 A RESOLUTION CONFIRMING AMENDED ASSESSMENT - TENTH STREET, IMPROVEMENT DIS- TRICT - PROJECT NO. .1970-4 - ASSESSMENT NO. 17. PASSED AND ADOPTED this 22nd day of February, 1972, by the following vote: AYES: COUNCIL MEMBERS: BATREZ, DUFFIN, HUGHAN; PATE, SILVA, STOUT and GOODRICH. COUNCIL MEMBERS: None COUNCIL MEMBERS: None NOES: ABS ENT: Pub.Hear.re: The Mayor stated that it was the time arld place scheduled for a Public S .Ches tnut Hear i ng on the Proposa 1, to Amend Assessment No. 6 re: South Ches tnut Street St.Ext. Extension Project No. 1967-1. Director of Public Works-City, Engineer Henry Proj. explained said proposal. The Mayor asked if there was anyone in the audience Amended wishing to speak for or against the proposal. There was no comment from any- Assmlt.#6 one in the audience. Motion was made by Councilman Batrez seconded by Council- Res.#1627 man Silva and carried that the Public. Hearing be closed. Motion was made by Councilman Hughan seconded by Councilman Duffin that the reading of Resolu- tion No. 1627 be waived and that it be adopted. RESOLUTION. N0. 1627 A RESOLUTION CONFIRMING AMENDED ASSESSMENT - SOUTH CHESTNUT STREET EXTENSION PROJECT NO. 1967-1 - CITY OF GILROY - ASSESSMENT NO.6. PASSED AND ADOPTED this 22nd day of February, J972, by the following vote: AYES: COUNCIL MEMBERS: BATREZ, DUFFIN, HUGHAN, PATE, SILVA, STOUT and GOODRICH. COUNCIL MEMBERS: None COUNC I LMEMBERS: None NO ES : ABS ENT: Appeal re: An appeal from W. J. Hanna, Engineer, was presented re~ Property of San Martin San Martin Vineyards Co. protesting conditions appl ied to a recent tentativ~ Vineyards Subdivision Map. Discussion was had in regard to same. Mr. W. J. Hanna ad- Subdivision dressed the Council and further explained said appeal. Mr. M.J. Filice Map addressed the Council and explained San Martin Vineyards Co. position in regard to same. Further discussion was had, in regard to the matter by . ~ ...., ~ .... ..... ... 3321 --- Council. Motion was made by Councilman Stout seconded by Counci lman Silva and carried that the City rescind their previous action conditioning said tentative map on the requirement of completion of Third Street at the sub- .mission of the next tentative map of San Martin Vineyards Co., noting Coun- cil would review the-matter of completion of Third Street at the time the next tentative map is submitted. r -. Sign Ord. A letter from the law offices of Bernstein & Swartz was presented and read in regard to the val idity of the City's Sign Ordinance. An associate of Bernstein & Swartz addressed the Council and further explained said co~ munication. Discussion was had in regard to the matter. w The Mayor stated that it was the time and place scheduled for a Publ ic Hearing on the non-conforming sign at Mondols Central Cocktail Lounge, 7450 Monterey Street. Director of Public Works-City Engineer Henry explained said non-conforming sign. The Mayor'asked if there was anyone in the audience wishing to speak in regard to said non-conforming sign. Mr. Bob Osmen, District Manager of a Sign Company in San Jose, ad- dressed th~ Council and inquired about the Cityls Sign Ordinance. Mondols Centra 1 Cockta i 1 Lounge Motion was made by Councilman Hughan seconded by Councilman Batrez and carried that the Public Hearing in'regard to the non-conforming sign 'at Mondols Central Cocktail Lounge be closed. Motion was made by Council- man Hughan seconded by Councilman Duffin and carried that an extension to April 1, 1972 be granted, for said business to comply with the Sign Ordin- ance. Councilman Stout voted "no" on the motion. q The Mayor stated that it was the time and place scheduled for a Public Hearing on a non-conforming sign at Farm Supply, 7460 Monterey Street. Director of Public Works-City Engineer Henry explained said non-conforming sign. The Mayor -asked if there was anyone in the audience wishing to speak in regard to said non-conforming sign. Mr. John Bozzo, 'Owner, ad- dressed the Council and inquired if the said non-conforming sign would be legal installed on the face of the building. Staff noted that same would then become a conforming sign. Motion was made by Councilman Hughan second- ed by Councilman Pate and carried that the Public Hearing be closed. Motion was made by Councilman Duffin seconded by Councilman Pate and carried that an extension to April 1, 1972 be granted for said business to comply with the Sign Ordinance. ,..' I - Farm S upp 1 y The Mayor stated that it was the time and place scheduled for a Public Hearing on a non-conforming sign at Leels Health Foods, 7485 Monterey Street. Director of Publ ic Works-City Engineer Henry explained said non- conforming sign. ,The Mayor asked if anyone in the audience wished to speak in regard to the non-conforming 'sign at said location. There was no comment from anyone in the audience. Motion was made by Councilman Pate seconded by Councilman Silva and carried that the Public Hearing be closed. Leels Health Motion was made by Councilman Pate seconded by Councilman Duffin and Foods carried that an extension to April 1, 1972 be granted for said business to comply with the Sign Ordinance. Councilman Stout voted "noll on the motion and requested Council to reconsider ammortizing non-conforming signs 'to March 1975 and appoint a Committee to meet with the Downtown Merchants to accomplish sign conformity. Kirby Ap- It was noted by Staff that Kirby Appliance, 7488 Monterey Street had pliance removed their non-conforming sign. f'" ...' The Mayor stated that it was the time and place scheduled for a Public Hearing on the non-conforming sign at Eustice Insurance, 7510 Monterey Street. Director of Publ ic Works'-City Engineer Henry explained said non-conforming sign. The Mayor asked if there was anyone in the audience wishing to speak in regard to said non-conforming sign. Mr. Ed Peterman, owner, addressed the Council protesting removal of the sign at his place of business. Motion was made by Councilman Pate seconded by Councilman Hughan and carried that the PublicHearing be closed. ..... ~ Eus.t i ce Ins. Motion was made by Councilman Duffin seconded by Councilman Hughan and carried that an extension to April 1, 1972 be granted, for said business to comply with the Sign Ordinance. Councilman Stout voted Ilno" on the motion. The Mayor stated that it was the time and place schedulNd for a Public Hearing on a non-conforming sign at Gi lroy Drugs, 7529 Monterey 3322 Monterey Street. Director of Public Works-City Engineer Henry explained said non-conforming sign. The Mayor asked if there was anyone in the audience wishing to speak in regard to said non-conforming sign. There was no comment from anyone in the audience. Motion was made by Council- man Duffin seconded by Councilm~n Pate and carried that the Public Hear- ing be closed. ... - Gilroy Drugs Motion was made by Councilman Hughan seconded by Councilman Pate and carried that an extension to April 1, 1972 be granted, for said busIness to comply with the Sign Ordinance. Councilman Stout voted "no" on the motion. Hotel J en s en Recess Plan.Com. Report 2/17172 P. & R. Report 2/15/72 Salary Increases Library Specs. .. City Administrator Wood recommended that the Public Hearings scheduled for the non-conforming signs at Dick Bruhn, The Knight, and El Camino Bakery be continued in order for Staff to check out the age of said signs. Motion was made by Co~ncilman Hughan seconded by Councilman Duffin and carried that the Public Hearings on the non-conforming signs at Dick Bruhn, The Knight, and El Camino Bakery be continu~d to March 6, 1972 as recommended. ...... The Mayor stated that it was the time and place scheduled for a Publ ic Hearing on the non-conforming sign at the Hotel Jensen, 7539 Monterey Street. Director of Publ ic Works-City Engineer Henry explained said non-conforming sign. The Mayor asked if there was anyone in the audience wishing t~ speak in regard to said non-conforming sign. There was no comment from anyone in the audience. Motion was made by Councilman Pate seconded by Councilman Hughan and carried that the Publ ic Hearing be closed. Motion was made by Councilman Pate seconded by Councilman Silva and carried that an extension to April 1, 1972 be granted for said busi- ness to comply with the Sign Ordinance. The Mayor declared a recess at 9:40 p.m. and reco~vened at 9:50 p.m. The Report 'of the Planning Commission Meeting of February 17, 1972 was noted and discussed. ' .. ..... The Report of the Parks and Recreation Commission meeting of February 15, 1972 was noted. City Administrator Wood requested Merit Step Sal,ary Increases for the following two (2) Employees: L. Wal tmeyer, ~atrolman, Range 31, from Step liD" $888. to Step "Ell $932. and S. Fellman, Police Cadet, Range 20, from Step '"A" $449. to Step "B" $472. Motion was made by Counci lman Duffin seconded by Councilman Pate and carried that the Merit Step Salary Increases as recommended be granted to become effective March 1, 1972. City Administrato~ Wood noted that the Architect, Mr. Robert Wong, called in ill and would not be present to review the Preliminary Outline Specifications for the new Library. The Mayor appointed a Committee to review same and new building codes, ~omposed of Councilman Hughan, Chairman and Councilmen Pate and Batrez to include Staff and report to Council at the next meeting. Aloha Club A Report from t(h)e Chief of Police on an appli2ca8tion for a sCard ... Room License for three 3 tables at the Aloha Club, 7 7 Monterey treet, Gi 1 roy, was presented. Motion was made by Counc,i lman Batrez seconded by .... Councilman Silva and carried that said Card Room application be approved. Pony League A report on Consolidating the Po~y League with the Little League was presented and discussed. Motion was made by Councilman Hughan seconded ~y Councilman Pate and carried that the amended agreement for said consol~ dation be approved and authorization for execution of same b~ granted. ... County Work City Adminis'trator Wood presented and exp,lained a proposed County - 3323 Program Work Program Agreement. Motion was made by Councilman Stout seconded by Councilman Batrez and carried that said Agreement be approved and authori- zation be given for its execution. ......~ Res.#1628 re: Resolution No. 1628 Establishing Arterial Stops at Certain Designated Stop Intersections was presented. Motion was made by Councilman Batrez seconded Signs by Councilman Pate that th~ reading of Resolution No. 1628 be waived and that it be adopted.. .,..,""""",...... RESOLUTION NO. 1628 - RESOLUTION OF THE C0UNCIL OF THE CITY OF GILROY ESTABLISHI~G ARTERIAL STOPS AT DESIGNATED INTERSECTIONS IN THE CITY OF GILROY. PASSED AND ADOPTED this 22nd day of February, 1972, by the fol lowing vote: AYES: COUNCIL MEMBERS: BATREZ, DUFFIN, HUGHAN, PATE, SILVA, STOUT, and GOODRICH. COUNCIL MEMBERS: None COUNCIL MEMBERS: None NOES: ABS ENT: Plan.Com. The Mayor presented the'following names considered for aPFointment on appoint-the Planning Commission to fill the unexpired term of Dale Stephenson, January ment 1, 1975: Ben Pappani, Vance Baldwin, Ed Keaveney and Mrs. Richard Harrison. Councilman Batrez submitted the name of Tony Hernandez. Council Members voted upon same for said appointment. The Mayor recommended appointment of Mr. Vance Baldwin to said commission. Motion was made by Councilman Pate seconded by Councilman Hughan and carried that Mr. Vance Baldwin be appointed to the Planning Commission to fill the unexpired term of Dale ~tephenson, 'January 1, 1975. "'",-,~ Res.#1629 The City Attorney presented Resolution No. 1629 regarding an amendment re:St. to Res'olution No. 1613 regarding State Boa'rd of Equalization filing and pro": Bd. of cessing fees for annexations, etc. Motion was made by touncilman Batrez Equal. seconded by Councilman Pate that the reading of Resolution No. 1629 be waived annex. and that it be adopted. etc.fees RESOLUTION NO. 1629 ' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING CERTAIN FEES FOR PROCESSING STATEMENTS AND MAPS FILED PURSUANT TO SECTION 54900, ET SEQ., OF THE GOVERNMENT COD.E. . PASSED AND ADOPTED this 22nd day of February, 1972, by the following vote: AYES: COUNCIL MEMBERS: BATREZ, DUFFIN, HUGHAN, PATE, SILVA, STOUT, and GOODRICH. COUNC I L MEMBERS: None COUNCIL MEMBERS: None NOES: ABS ENT:' Airport A letter from the Airport Land Use Subcommittee in regard fo Land Uses 'Land in the Vicinity of the Planned South County Airport was presented. Council Use Sub-referred same to the Planning Commission for recommendation and comment to the commit- Airport Land Use Subcommittee. tee Flood Control Di s t. Meet. A communication from the' Flood Control District was presented in regard to a meeting on the Pajaro Basin Study, March 9, 1972 at 3:00 p.m. Council requested to be' reminded of sa'id meeting. ~,...,>"'~. p.& R. Award A letter from California Park and Recreation Society, Inc. was pre- sented in regard to an Award to be presented to the City of Gilroy on March 5, 1972 in San Diego. Motion was made by Counailman Hughan seconded by Councilman Pate and carried that the Mayor be present to accept said award. I t was noted 'that Parks and Recreation Director Ayer would ~llso be present. So.C.Rep.re: A 'request from the Inter-City Council was presented for a South County Alco- was presented for a South County representative to a Commission on Alcoholism. holism Councilman Stout volunteered for said appointment. The Mayor recommended Counci lman Stout as said representative, subject to Morgan Hi Ills concurrence. 3324 Bonanza Days. A request of Bonanza Days I was presented for use of Wheeler Audi- torium on June 21, 1972 for the Jr. King & Queen Contest. Motion was made by Cou'ncilman Hughan seconded by Councilman Pate and carried that the request be granted. .. Weight Watchers I A request of the Weight Watchers' of Northern Cal ifornia Inc. for Proclama- a Proclamation to Proclaim March 21, 1972 as Weight Watcherls Day was tion noted. .. S.C.Co.Transit A request from the County for a City resolution' endorsing an Elec- Dist. tion for the Formation of a Santa Clara County Transit District was pre- Res.#1630 sented. Discussion was had in regard to the matter. Motion was made by Councilman Pate seconded'by Councilman Batrez that the reading of Resolu- tion No. 1630 be waived and that it be adopted. IIIIIIIl .... RESOLUTION NO. 1630 RESOLUTION OF THE CITY'COUNCIL'OF THE CITY OF GILROY SUPPORTING ELECTION ON FORMATION OF A COUNTYWIDE 'TRANSIT DISTRICT IN JUNE 1972. PASSED AND ADOPTED this 22nd day of February, 1972, by the following vote: AYES: COUNCIL MEMBERS: BATREZ, HUGHAN, DUFFIN, PATE, SILVA, GOODRICH. None None STOUT,and NOES: ASS ENT: COUNCIL MEMBER: CO UNC I L MEMBERS: Minutes of S.C. The Minutes of Sants Clara County Planning Pol icy Committee Meeting Co.Plan. of January 27, 1972 were noted. Pol icy Com. The Minutes of the Airport Land Use Commission Meeting of January 27, 1972 were also noted. S.C.Co.Trans. The Minute~ of Santa Clara Cou~ty Transportation Pol icy Committ~e Policy Meeting of January 12, 1972 were noted. Com. ... Gilroy Com- A letter from the Gilroy Community Center' in regard to their new munity Facility was noted. Center ..... D4c Tractor Council Committee Chairman Silva reported on the D4-c Tractor recom- mending purchase of a new Tractor. Staff recommended purchase of the new D4D Caterpi llar Tractor from Peterson Co. of San Leandro under a Lease- Purchase Agreement as recommended by the City Administrator. Motion was made by CoUnc i 1 ma'n Pa te seconded by Counc i 1 man S i 1 va and ca rr i ed tha t the City Administrator be authorized to execute said lease purchase agreement for financing of the D40 Caterpillar Tractor as recommended. t Wheeler Aud. Councilman Stout inquired of the progress of not schedul ing activities Activity in the Wheeler Auditorium on Planning Commission and City Council Meetings. City Administrator Wood noted that Staff is attempting to present a report in regard to same at the next regula~ meeting. Golf Course House addition City Administrator Wood noted that the new operator at the Gilroy Golf & Country Club has requested permission to add a new room to the Ci tyls House at the Golf Course and that they should assume total cost of same and that it would become a part of the City's realty at said location. Council had no objection to same and noted that same should bein Agreement form. .. ..... Casey & Swans- City Administrator Wood presented a recommendation for the City to ton Lanes release 10 feet of right of way on Casey Lane'to Pieters-Wheeler Co. in right-of- exchange for 10 feet of right of way on Swanston Lane. Motion was made by way Councilman Duffin seconded by Councilman Hughan and carried that said recom- mendation be approved and authorization be given for execution of the re- quired documents to accomplish said right of way exchange. III San Fel ipe Discussion. was had in regard to the San Fel ipe Water Project. 'The Water Pr'oj. Mayor instructed the City Administrator to contact Representative Charles S. Gubser and report back to Council in regard to same. ... Co.Rezoning Rucker & ,Buena Vis ta A v es 0 Bldg.Codes 3325 " Councilman Pate recommended opposing the recent rezoning proposal of the County on Rucker, & Buena Vista Avenues. He noted that the County had contcinued the Public Hear,jng in regard to same in order for the City to take action on same. Motion was made by Councilman Pate seconded by Councilman Hughan and carried that the City oppose said ,rezoning proposal on the basis that same is in violation of the Countyls pol icy allowing urban devel,opment on one acre lots, that same would ultimately be the Cityls problem at a later date and that additional septic tanks of this number could pollute the water strata and further that the Board of Super- visors be requested to i.nvestigate this type of problem. Counci 1 men Batrez and Stout voted "noll on the motion. Counci lman Batrez inquired of progress of Staff up-dating the bui lding codes. Director of Public Works-City Engineer Henry noted that the matter had been referred to Committee Study earlier on the agenda. Rosanna St. Councilman Batrez noted a sidewalk hazard on Rosanna Streeto Sidewalk condition Adjournment At 11:43 P.M. the Mayor adjourned the meetingo Respectfully submitted, r6~h4~t. 0j~ / City Clerk