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Minutes 1972/12/04 3410 Roll Ca 11 December 4, 1972 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:00 p.m. Present: Council Members: Fred P. Batrez, George T. Duffin, John Hughan, John E. Pate, David V. Stout and Norman B. Goodrich. Absent: Council Member: Anthony C. Silva. Consent Calendar Discussion was had in regard to the location of the proposed rezoning from R-l to M-2 under the Consent Calendar. Ord. #970 Res. #1688 Weed Abate. Pub.Hear. re: Rezoning N!W Cor. of 1st & Wren Ave. Res. #1689 .. '.'\ Motion was made by Councilman Hughan seconded by Councilman Batrez that the following items on the consent calendar be approved. Passed and adopted by the following Roll Call vote: Ayes: Council Members Batrez, Duffin, Hughan, Pate, Stout, and Goodrich. Absent: Council Member Silva. Ilt.>,,,,,,._ Consent Calendar Items: Council Minutes of the Regular Council meeting of November 20, 1972; Adopted Ordinance No. 970 rezoning from R-l to M-2 (to conform to the General Plan) 2 parcels located (I) South of Banes Lane, east of the Southern Pacific Railroad, containing 22 acres and (2) East of South Valley Freeway, North of Pacheco Pass Highway, containing 5 acres; Adopted Resolution No. 1688 Declaring Certain Weeds to be a Public Nuisance, Describing same, Providing for Publication thereof and set December 18, 1972 as Public Hearing for objections to proposed destruction or removal of said weeds. ORDINANCE NO. 970 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING TWO PARCELS LOCATED (1) SOUTH OF BANES LANE, EAST OF THE SOUTHERN PACIFIC RAILROAD, CONTAINING 22 ACRES, MORE OR LESS, AND (2) EAST OF THE SOUTH VALLEY FREEWAY NORTH OF PACHECO PASS HIGHWAY, CONTAINING 5 ACRES, MORE OR LESS, FROM R-l DISTRICT TO M-2 DISTRICT TO CONFORM TO THE GENERAL PLAN. PASSED AND ADOPTED this 4th day of December, 1972, by the following vote: A YES: .6 COUNCIL MEMBERS: BATREZ, DUFFIN, HUGHAN, GOODRICH None SILVA PATE, STOUT and NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBER: RESOLUTION NO. 1688-8 RESOLUTION OF COUNCIL OF THE CITY OF GILROY DECLARING CERTAIN WEEDS GROWING IN THE CITY OF GILROY TO BE A PUBLIC NUISANCE, DESCRIBING WEEDS WHICH CONSTITUTE SUCH NUISANCE, AND PROVIDING FOR GIVING NOTICE OF THE ADOPTION OF THE RESOLUTION BY PUBLICATION THEREOF. PASSED AND ADOPTED this 4th day of December, 1972, by the following vote: AYES: COUNCIL MEMBERS: BATREZ, DUFFIN, HUGHAN, PATE, STOUT and GOODRICH COUNCIL MEMBERS: None COUNCIL MEMBERS: SILVA NOES: ABSENT: The Mayor stated that it was the time and place scheduled for the Public Hearing on the recommendation of the Planning Commission to rezone from R-l (Single Family) to C-l (Neighborhood Commercial) and P.U.D. (Planned Unit Development) for 8.5 acres located at the north- west corner of Wren Avenue and First Street (Jadal Properties, Inc.). Planning Assistant Lefaver explained the recommendation of the Planning Commission. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. ,"".,.,..~. Mr. Jerry Crumpler, President of Jadal Properties, Inc., ad- dressed the Council and further explained the Planned Unit Development proposal for said location. Discussion was had on the matter. The City Attorney noted that the Planning Commission had not attached a Section 49 to said rezoning but further recommended that same be attached. Motion was made by Councilman Batrez seconded by Councilman Pate and car- ried that the Public Hearing be closed. "".... .... Pub. Hear. re: Arch. & Site Approval - ..... Pub.Hear. re: Zon. Ord. Amend. - Uvas & Chesbro Reservoirs ...... Heart Ass'n Sol i c S.C.Co. PPC Meet. 3411 The City Attorney presented Resolution No. 1689. Motion was made by Councilman Duffin seconded by Councilman Batrez that the reading of Resolution No. 1689 be waived and that it be adopted with the condi- tion that said property be prezoned under Section 49 conditioned upon the stipulation that the developer has the three lease committments in writing for the property, in statement form to be approved by the City Attorney. RESOLUTION NO. 1689 RESOLUTION OF THE CITY OF GILROY APPROVING A PLANNED UNIT DEVELOPMENT PERMIT, SUBJECT TO COMPLIANCE WITH THE PLANS, SPECIFICATIONS AND DESIGNS FILED WITH THE APPLICATION AND THE CONDITIONS IMPOSED HEREIN, AND GRANT- ING IN CONNECTION THEREWITH A SPECIAL ZONING EXCEPTION PURSUANT TO SEC- TION 49 OF THE ZONING ORDINANCE OF SAID CITY PERMITTING Cl (NEIGHBORHOOD COMMERCIAL) DEVELOPMENT OF THAT 8.5 ACRE PARCEL LOCATED AT THE NORTHWEST CORNER OF FIRST STREET AND WREN AVENUE. PASSED AND ADOPTED on the 4th day of December, 1972, by the following vote: AYES: COUNCIL MEMBERS: BATREZ, DUFFIN, HUGHAN, PATE, STOUT and GOODRICH COUNCIL MEMBERS: None COUNCIL MEMBERS: SILVA NOES: ABSENT: The Mayor stated that it was the time and place scheduled for a Public Hearing on the recommendation of the Planning Commission to add Architectural and Site Approval Procedure to the Zoning Ordinance. Planning Assistant Lefaver explained the proposed recommendation of the Planning Commission. City Administrator Wood further explained the intent of said architectural and site committee. Discussion was had on the proposal. Council suggested and recommended the following to be changed and referred same back to the Planning Commission: Section 2 Membership Committee shall consist of the following: "City Administrator, Director of Public Works, Secretary of the Plan- ning Commission, Fire Chief and Building Inspector" and the Committee may ask other individuals or city staff person to sit with the Com- mittee in an advisory capacity; Section 10 add the following: Archi- tectural and site approval will not be final until approved by the Planning Commission. Motion was made by Councilman Pate seconded by Councilman Hughan and carried that the Public Hearing be continued to January 15, 1973, in order for the Commission to study the Council recommendations. The Mayor stated that it was the time and place scheduled for a public hearing on the recommendation of the Planning Commission to amend Sections 25, 32, 50, 51, 52, 53, 73 and 80 of the Zoning Ordinance. The City Attorney explained the proposed amendments. Councilman Hughan noted his objection to include hotels and motels in a C-2 District. Discussion was had. 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 Hughan seconded by Councilman Pate and carried that the public hearing be closed. Motion was made by Councilman Hughan seconded by Councilman Pate and carried that the proposed ordinance be corrected to include hotels and motels in C-2 Districts under Sec- tion 33.2(a)(6) and same removed from Section 32.2 as recommended, and that it be introduced and published by title and summary. Mr. Alfred R. Angelino, Director of the Loma Prieta Resource and South Santa Clara Valley Water Conservation Districts addressed the Council and presented two aerial photographs of the Uvas and Chesbro Reservoirs. A request of the Santa Clara County Heart Association, Inc., was presented for waiver of the solicitation permit fees for fund campaign during February 1972. Motion was made by Councilman Hughan seconded by Councilman Pate and carried that the request for same be granted. The Minutes of the Santa Clara County Planning Policy Committee Meetings of September 28, 1972, and October 26, 1972, were noted. The Council congratulated Councilman Pate for his appointment as Vice Chairman of said Committee. 3~~~. ALUC Meet. N.Side Pk. Bids P & R Com. Report Monthly Reports Disbursements Commissionersl terms ex- piring School Bus Loading Zones The Minutes of Santa Clara County Airport Land Commission Meetings of September 28, 1972, and October 26, 1972, were noted. A report on revised plans and specifications for Northside Park was presen ted and exp 1 a i ned by the arch i tecto I t was recommended tha t authorization be given for the call for bids for the first phase of said project as presented. Motion was made by Councilman Duffin second- ed by Councilman Hughan and carried that the call for bids for the first phase of Northside Park Project be authorized. The Report of the Parks and Recreation Commission Meeting of November 2l, 1972, was noted. Parks and Recreation Director Ayer recommended establishing two Capital Outlay Recreation zones. Dis- cussion was had on said recommendation. Motion was made by Council- man Batrez seconded by Councilman Pate and carried that one zone for the entire city be approved authorizing fees collected to be deposited in one Capital Outlay Recreation Fund. ~ -- The Summary of the Monthly Reports of October 1972 was noted. The Report of Disbursements from November 1, 1972, to and includ- ing November 30, 1972, was noted and discussed. Council inquired of two warrants regarding trash containers and the freight for same to be further clarified. A Report of City Commissioners' terms expiring January 1, 197J, was noted and further noted by the Mayor that the appointments would be in order for the next regular Council meeting. Mr. Alfred R. Angelino introduced the new District Conserva- tionist, Mr. Lindell Perkins, and Assistant, Mr. Dick Hines, and Mr. Ernest Bellezza, president of the Board. Mr. Angelino requested time to present slides of the District entitled "Know Your Land.'1 ,... ......... The Mayor called a recess at 10:20 p.m. and reconvened the meeting at 10:28 p.m. Council concurred that the slides proposed could be shown at the Joint Planning Commission - Council Study meeting on Dec~ber II, 1972. The City Attorney presented a proposed ordinance authorizing the City Administrator to establish school bus loading zones. Motion was made by Councilman Hughan seconded by Councilman Pate and carried that the proposed ordinance be introduced and published by title and summary. The Council congratulated the Parks and Recreation Department on the recent Arts and Crafts Christmas Show. Amended Assessm't City Administrator Wood presented a resolution directing and re: S. Chest- making of amended Assessment No. 6-A of the South Chestnut Street nut St. 67-1 Extension Project 1967-l Assessment District, same authorizing publi- Res. #1690 cation and setting of Public Hearing for January 2, 1973. Motion was made by Councilman DuffJn seconded by Councilman Pate that the reading of Resolution No. 1690 be waived and that it be adopted. .... .... RESOLUTION NO. 1690 A RESOLUTION DIRECTING MAKING OF AMENDED ASSESSMENT RE: CERTAIN ASSESS- MENTS UNDER RESOLUTION NO. 1110 OF PRELIMINARY DETERMINATION AND OF INTENTION, SOUTH CHESTNUT STREET EXTENSION PROJECT NO. 1967-l, CITY OF GILROY - ASSESSMENT No.6-A. PASSED AND ADOPTED this 4th day of December, 1972, by the following vote: AYES: COUNCILMEMBERS: BATREZ, DUFFIN, HUGHAN, PATE, STOUT and GOODRICH NOES: COUNC I LMEMBERS: None ABSENT: COUNCILMEMBERS: SILVA Res. #1691 Res. #l692 re: OASDI Agree. Adjournment City Administrator Wood presented a resolution urging that 3413 adequate funding be provided in the 1973-74 fiscal year for the current stu~y by the U. S. Army Corps of Engineers for the pajaro R~ver Basin and Uvas-Carnadero Creeks. Motion was made by Councilman Pate seconded by Councilman Batrez that the reading of Resolution No. 1691 be waived and that it be adopted. RESOLUTION NO. 1691 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY URGING ADEQUATE FUNDING IN FISCAL YEAR 1973-74 OF THE UNITED STATES ARMY CORPS OF ENGINEERS STUDY OF PAJARO RIVER BASIN IN SANTA CLARA, SAN BENITO, SANTA CRUZ AND MONTEREY COUNTIES, CALIFORNIA, AND URGING CONSIDERATION OF LEGISLATION AFFECTING CORPS PROJECTS. PASSED AND ADOPTED this 4th day of December, 1972, by the following vote: AYES: COUNCIL MEMBERS: BATREZ, DUFFIN, HUGHAN, PATE, STOUT and GOODRICH COUNCIL MEMBERS: None COUNCIL MEMBERS: SILVA NOES: ABSENT: Purchasing Agent Reinsch explained the inquiry regarding purchase of trash containers and freight charges. Personnel Director Reinsch presented a resolution requesting termination of the Social Security Agreement with the State. Motion was made by Councilman Pate seconded by Councilman Hughan that the reading of Resolution No. 1692 be waived and that it be adopted. RESOLUTION NO. 1692 RESOLUTION OF THE CITY OF GILROY REQUESTING TERMINATtON OF THE SOCIAL SECURITY (OLD-AGE, SURVIVORS, DISABILITY, AND HEALTH INSURANCE) AGREE- MENT BETWEEN THE CITY OF GILROY AND THE STATE OF CALIFORNIA. PASSED AND ADOPTED this 4th day of December, 1972, by the following vote: AYES: COUNCIL MEMBERS: BATREZ, DUFFLN, HUGHAN, PATE, STOUT and GOODRICH COUNCIL MEMBERS: None COUNCIL MEMBERS: SILVA NOES: ABSENT: The Mayor noted the presence of Planning Commission Representative Berry and Secretary-Manager of the Chamber, Paul Baxter. The Mayor reminded the Council of the Inter-City Council Annual Christmas Dinner Dance at Moffett Field December 7, 1972. At 10:43 p.m., the Mayor adjourned the meeting. Respectfully submitted, &UoMH0 t ~ /' . Ci ty Clerk