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Minutes 1971/02/16 3202 Roll Ca 11 Minutes Pub. Hear. re: Plan. Unit Dev. & Zone Change (S. Spencer) Res.#1545 Pub. Hear. re: Secs. 23.2 & 24.9 of Zone Ord. Gilroy, California February 16, 1971 The Regular Meeting of the Gilroy City Council"was called to order by His Honor Mayor Norman B. Goodrich at 8:00,p.m. II\IIllIl Present: Council Members: George T. Duffin, Mark E. Kennedy, John E. Pate', Anthony C. Silva, Everett C. Wentworth, and Norman B. Goodrich. .... Absent: Council Member: Fred P. Batrez The Minutes of the Regular Meeting of February 1, 1971 were approved as ma}led and recorded. ...... ..... The Mayor stated that it was the time and place scheduled for a Public Hearing on the request of Samuel R. Spencer for a Planned Unit Development and Rezoning from L-Z to R-l, R-3, and C-l on property located westerly of and adjacent to Mesa Road, northerly of Gavi1an Jr. College containing 24.1 acres. Secretary of the Planning Commission Henry explained the proposal and recommendation of the Planning Commission on said request. Mr. Richard Rhodes, Architect, addressed the Council and explained the proposed Planned Unit Development. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. There was no comment from any- one in the audience. Motion was made by Councilman Kennedy seconded by Councilman Silva and carried that the Public Hearing be closed. Discussion was had by Council in regard to the proposal. The City Attorney presented Resolution No. 1545 approving said Planned Unit Development under Section 49 of the Zoning Ordinance. .... Motion was made by Councilman Duffin seconded by Councilman Wentworth that the reading of ResolutIon No. 1545 be waived and that it be adopted. .city Administrator Wood requested that said proposal be approved subject to approval of the Development Agreement. ..,,; RESOLUTION NO. 1545 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 GRANTING .IN CONNECTION THEREWITH. A SPECIAL ZONING EXCEPTION PUR- SUANT TO SECTION 49 OF THE ZONING ORDINANCE OF SAID CITY PERMITTING 9.8 ACRES OF R1 (SINGLE FAMILY RESIDENCE), 13.5 ACRES OF R3 (LOW DENSITY MULTIPLE FAMILY RESIDENCE) AND 0.8 ACRE OF C1 (NEIGHBORHOOD COMMERCIAL) DEVELOPMENT OF THAT 24.1 ACRE PARCEL LOCATED ON THE WEST SIDE OF MESA ROAD NORTH OF AND ADJACENT TO GAVILAN COLLEGE. PASSED AND ADOPTED this 16th day of February, 1971, by the following vote: AYES: COUNCIL MEMBERS: Duffin, Kennedy, and Goodr i ch None Batrez Pate, Silva, Wentworth, NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: ~ The Mayor stated that it was the time and place scheduled for the Public Hearing on the Planning Commission's recommendation to. amend Sections 23.2 and 24.9 of the Zoning Ordinance to change density requirements in R-3Districts and require a Conditional Use Permit for more than three (3) bedroom apartments in an R-2 District. The City Attorney exp 1 al ned the proposed zon i ng ord i nance amendment. ...tI - Motion was made by Counci.1man Duffin seconded by Councilman Wentworth and carried to close ,the Public Hearing. .... \- ....... Pub.Hear. re: Rainbow Ct. bldgs. IIMan te 11 i #2 Annexa t i on 70-14 Res.#1546 ~ /iii""'" - Plan. Com. 2-4- 71 Mee t. Salary Merit Increases ~,,-..... ....,,./ 3203 Motion was made by Councilman Duffin seconded by Councilman Silva a~d carried that the proposed zoning ordinance amendment to Sections'23.2 and 24.9 be introduced and published by title and summary. The Mayor stated that it was the time and place scheduled for a Public Hearing regarding costs of demolishing and removing build- ings known as .IRainbow Courts'l at Seventh and East Streets and that Staff has requested continuing this hearing to March 1, 1971. A petition from Edwin J. Valencia requesting annexation of uninhabited territory located at the northwesterly extension of Man- tell i Drive containing 5.463 acres to be known as "Mantell i No.2 Annexation 70-14 to the City of Gilroy", was presented. Mr. Valencia addressed the Council requesting that said territory be annexed prior to the proposed April 5, 1971 public hearing date. The City Attorney explained that this could not be accomplished without the consent and signatures of 100% of the property owners. He also noted that the prezoning of the property could be brought before the Planning Commission prior to annexation of said territory. Resolution No. 1546 setting a Public Hearing date of April 5, 1971, for the annexation proposal was presented by the Ci ty Attorney. Motion was made by Councilman Kennedy seconded by Councilman Wentworth that the reading of Resolution No. 1546 be waived and that it be adopted. RESOLUTION NO. 1546 RESOLUTION GIVING NOTICE OF PROPOSED ANNEX~TION TO CITY OF GILROY OF UNINHABITED TERRITORY DESCRIBED HERE~N AND DESIGNATED 'IMANTELLI NO.2 ANNEXATION 70-14 TO THE CITY OF GILROyl1 AND GIVJNG NOTICE OF TIME AND PLACE FOR HEARING OF PROTESTS THERETO. PASSED AND ADOPTED 'this 16th day of February, 1971, by the following vote: AYES: COUNCIL MEMBERS: Duffin, Kennedy, and Goodrich None Batrez Pate, Silva, Wentworth, NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Secretary of the Planning Commission Henry explained the report of .the Planning Commission Mee~ing of February 4, 1971 noting granting. of a variance to Keith Hal] Corp. to allow a Masonic Lodge building in an R-l Zone located approximately 210 feet north of Welburn Avenue south of Willard Court. Discussion was had in regard to the City's ordinance regard- ing free standing signs. Director of Public Works Henry noted that Staff is presently investigating said types of signs located through- out the City that are in possible violation of the ordinance. City Administrator Wood recommended approval of merit step increases for the following employees to become effective Apri 1 1, 1971: Thomas Gutierrez, Sr., Utility Man - Range 26.5 from Step liD'. $713 to Step "E" $749; Leonard' Wal tmeyer, Patrolman - Range 30 from Step IICII $805 to Step "D11 $846; Mary Jo Whiting, Planning Assistant - Range 32.5 from Step '.CII $910 to' Step liD'. $955; and Richard Cox, Draftsman-Engineer - Range 29.5 from Step "D" $825 to Step '.EII $867. Motion was made by Councilman Wentworth seconded by Councilman Silva and carried that the employees as recommended be advanced to the next step in their salary ranges as recommended to become effective April 1, 1971. ~ 1 : Water Pressuri- City Administrator Woo.d presented 'a final report on the zation Proj. Water Pressurization Project. ~j,'" Garbage Franchise re: Industrial Acc ts. City Administrator Wood presented and explained a report from the South Valley RefuseD;isposal in regard to their Industrial Accounts. Discussion was had on the matter. 3204 ABC App 1 i cs. Federal IIHire Program" Ord. #909 re: Westwood Dr., Thru Street Motion was made by Councilman Duffin seconded by Councilman Pate and carried that the requested 3% rate for Industrial accounts be approved to March 1, 1972. I t was noted that Counci lman Wentworth did not enter into the discussion nor vote on action regarding said matter' due to a conflict of interest. A report on the following applications to the Alcoholic Beverage Control were presented; Loyal Order of Moose at 7650 Monterey Street and Richard Bozzo, et ux at 144 Lewis Street. Motion was made by Councilman Pate seconded by Councilman Wentworth and carried that the City had no objection to said applica- tions and that Staff inform the Alcohol ic Beverage Control Board of same. The Mayor continued the report on the Federal IIHire Program'. in order to discuss said report when Councilman Batrez is present. Director of Public Works-City Engineer Henry requested adoption of an ordinance to provide Westwood Drive as a through street excepting at the Third Street Intersection. The City Attorney presented and read Ordinance No. 909. Motion was made by Councilman Pate seconded by Councilman Wentworth that Ordinance No. 909 be adopted. ORDINANCE NO. 909 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 15.43 OF THE GILROY CITY CODE BY ESTABLISHING WESTWOOD DRIVE AS A THROUGH STREET IN SAID CITY. This ordinance was passed and adopted at a regular meeting of the Council held on February 16, 1971, and was ordered published by title and summary at least once within fifteen (15) days after its adoption in accordance with the charter of the City of'Gilroy by the following vote: AYES: COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Duff in, Kennedy, and Goodrich None Batrez Pate, Silva, Wentwort~, Res.#1547 Resolution No. 1547 removing "Marce11a Annexation 70-7" Marcella Annex. from the Gilroy Rural Fire District was presented. Motion was made by 70-7 Rural Councilman Wentwor.th seconded by Councilman Kennedy that the reading Fire Dist. of Resolution No. 1547 be waived and that it be adopted. Res.#1548 re: Reservoir B Annex. 70-4 RESOLUTION NO. 1547 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY WITHDRAWING FROM THE GILROY RURAL FIRE DISTRICT TERRITORY THEREIN RECENTLY ANNEXED TO THE CITY OF GILROY UNDER THE DESIGNATION "MARCELLA ANNEXATION 70-7 TO THE CITY OF GILROY." PASSED AND ADOPTED this 16th day of February, 1971, by the following vote: AYES: COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Duffin, Kennedy, and Goodrich None Batrez Pate, Silva, Wentworth, Resolution No. 1548 was presented petitioning the Board of Supervisors to approve annexation of city-owned non-contiguous terri- tory situated within the unincorporated area of Santa Clara County to be known as "Reservoir B Annexation 70-4 to the City of Gilroy.1I Motion was made by Councilman Pate seconded by Councilman Silva that the reading of Resolution No. 1548 be waived and that it be adopted.' RESOLUTION NO. 1548 PETITION FOR ANNEXATION OF NON-CONTIGUOUS TERRITORY OWNED BY THE CITY SITUATED WITHIN THE UNINCORPORATED AREA OF SANTA CLARA COUNTY. PASSED AND ADOPTED t1his 16th day of February, 197.1, by the following vote: ~ - ... , -..... . " \ .. .... ... IIIIIIiIII .. .... ,,' t -t' ........... Res.#1549 re: Sewer Farm #3 Anne x. 70- 13 ....."..... Ord. #910 re: Bravo Annex. ). 70-12 ~,.. - Ord. #911 re: Man te 11 i Annex. 70-9 1....".. tiliii..r,,.;,jjj \'-d ~ 'A ((",I ,l.{",- 320"7 ( ()'{' I" '~;; (,A. '- .;.16,') AYES: .COUNCIL MEMBERS: Duffin, Kennedy, Pate, Silva, Wentworth, and Goodrich NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Batrez Resolution N.c. 1549 was presented petitioning the Board of Supervisors to approve annexation of city-owned nan-contiguous terri- tory situated within the unincorporated area of Santa Clara County to be known as "Sewer Farm No.3 Annexation 70-13 to the City of Gilroy." Motion was made by Councilman Pate seconded by Councilman Silva that the reading of Resolution No. 1548 be waived and that it be adopted. RESOLUTION NO. 1549 PETITION FOR ANNEXATION OF NON-CONTIGUOUS TERRITORY OWNED BY THE CITY SITUATED WITHIN THE UNINCORPORATED AREA OF SANTA CLARA COUNTY. PASSED AND ADOPTED this 16th day of February, 1971, by the following vote: AYES: COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Duffin, Kennedy, and Goodrich None Batrez Pate, Silva, Wentworth, The City Attorney presented Ordinance No. 910 annexing city-owned uninhabit.ed te,rritory located between Sixth Street and Gilman Road adjacent to the easterly city limits containing 1.027 acres to be known as IIBravo Annexation 70,..12 to the City of Gilroy." Motion was made by Councilman Kennedy seconded by Councilman Silva that the reading of Ordinance No. 910 be waived and that it be adopted. ORDINANCE NO. 910 AN ORDINANCE .PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRI- TORY DESI.GNATED AS "BRAVOANNEXAnON 70-12 TO THE CITY OF GILROyLI AND FOR THE INCORPORATION OF SUCH ANNEXED TERRITORY IN AND AS A PART OF SUCH MUNICIPALITY FOR THE GOVERNMENT AND MUNICIPAL CONTROL THEREOF. PASSED AND ADOPTED this 16th day of February, 1971, by the following vote: AYES: COUNC I L MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Du ff in, Kennedy ~ Goodrich None Batrez Pate, S i 1 va ,Wentworth, and The. City Attorney,presented Ordinance No. 911 annexing city- owned uninhabited territory located at the westerly extension of Mantell i Drive containing 0.16 acres to be known as IIMantell i Annexa- tion 70-9 to the City of Gilroy.lI, Mot i on was made by Counc i 1man Kennedy seconded by Counc i 1- man Silva that the reading of Ordinance No. 911 be waived and that it be adopted. ORDINANCE NO. 911 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERR I TORY DES IGNATED AS "MANTELLI ANNEXATION 7.0-9 TO THE. CITY OF GILROYII AND FOR THE INCORPORATION OF SUCH ANNEXED TERRITORY IN AND AS A PART OF SUCH MUNICIPALITY FOR THE GOVERNMENT AND MUNICIPAL CONTROL THEREOF. PASSED AND ADOPTED vote: AYES: this 16th day of February, 1971, by the following COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS~- Duffin, Kennedy, and Goodrich None Batre~ Pate, Silva, Wentworth, 3208 Ord. #912 re: The City Attorney presented Ordinance No. 912 annexing city- Miller Ave. #3 owned uninhabited territory located on the east side of Miller Avenue Annex. 70-10 along the line of Uvas Creek containing 6.996 acres to be known as "Miller Avenue No.3 Annexation 70-10 to the City of Gilroy.1I ... Motion was made by Councilman Kennedy seconded by Councilman Silva that the reading of Ordinance No. 912 be waived and that it be adopted. IIIIIi ORDINANCE NO. 912 AN ORDINANCE PROVID~NG FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "MILLER AVENUE NO.3 ANNEXATION 70-10 TO .. THE CITY OF GILROylI A~Q FOR THE INCORPORATION OF SUCH ANNEXED TERRITORY IN AND AS A PART OF SUCH MUNICIPALITY FOR THE GOVERNMENT ..... AND MUNICIPAL CONTROL THEREOF. PASSED AND ADOPTED this 16th day of February, 1971, by the following vote: AYES: COUNCIL MEMBERS: Duffin, Kennedy, Pate, Silva, Wentworth, and Goodrich NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Batrez Ord.#913 re: Pappani Annex. 70-8 The City Attorney presented Ordinance No. 913 annexing City- owned uninhabited territory located at the existing residence south of tract No. 4849 containing 1.06 acres to be known as IIPappani Annexat ion 70-8 to the City of G i 1 roy." Motion was made by Councilman Kennedy seconded by Council- man Silva that the reading of Ordinance No. 913 be waived and that it be adopted. ORDINANCE NO. 913 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY .THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS IIPAPPANI ANNEXATION 70-8 TO THE CITY OF GILROY" AND FOR THE INCORPORATION OF SUCH ANNEXED TERRITORY IN AND AS A PART OF SUCH MUNICIPALITY FOR THE GOVERNMENT AND MUNICIPAL CONTROL THEREOF. PASSED AND ADOPTED this 16th day of February, 1971, by the following vote: AYES: .... .... COUNCIL MEMBERS: Duffin, Kennedy, and Goodrich None Batrez Pate, Silva, Wentworth, NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Ord. #914 re: The City Attorney presented Ordinance No. 914 annexing city- 3rd St. Annex. owned uninhabited territory located at the westerly extension of 70-11 Thinl Street containing 1.564 acres to be known as 'IThird Street Annexation 70-11 to the City of Gilroy." Motion was made by Councilman Kennedy seconded by Council- man Silva that the reading of Ordinance No. 914 be waived and that it be adopted. ORDINANCE NO. 914 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS IITHIRD STREET ANNEXATION 70-11 TO THE CITY OF GILROY" AND FOR THE INCORPORATION OF SUCH ANNEXED TERRITORY IN AND AS A PART OF SUCH MUNIC IPALITY FOR THE GOVERNMENT AND MUNICIPAL CONTROL THEREOF. PASSED AND ADOPTED this 16th day of February, 1971, by the following, vote: AYES: ... .... " COUNCIL MEMBERS: Duff in, Kennedy, and Goodrich None Batrez Pate, Silva, Wentworth, NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: .. - President's Guidance Letter A letter from the City of Tracy in regard toll'Ihe President's 3209 Guidance Letterll was presented requesting adoption of a resolution read by City Administrator Wood. Council ordered said letter filed. Sewerage A letter from Mr. F. L. Crist, Sr., in regard to a request connections for outside sewerage connection was presented. Motion was made by outside city Councilman Wentworth seconded by Councilman Silva and carried that (F.L.Crist Sr.)Mr. Crist be informed of the City's present policy in regard to sewerage connection for properties outside the city until such time that the City of Gilroy and City of Morgan Hill establish a policy for sewerage connections for property outside the City Limits. ""h4 r ~ Tax Rel ief Legi slat ion .....",d S.C.Co. Trans. Po 1 icy Com. Meet. 1/13/71 Topics Funds A letter from the City of San Mateo in regard to Tax Relief Legislation was presented. Council ordered same to be placed on file. The Minutes of Santa Clara Countyls Transportation Policy Committee Meeting of January 13, 1971 were noted. Representative Pate reported on a recent meeting of the Committee noting that he voted "no" on beha 1 f of .the City in regard to a proposa 1 for a . Federal. Grant through the County to. provide a bus system basica.lly to solNe the City of San Jose1s Municipal Bus Systemls problems. He noted that .sa.i d proposa 1 passed the Comm i ttee 9 to 8 for recommend- ing said proposal to the Board of Superv.isors. Council concurred with. Represen tat i ve Pate I s act i on, on sa i d mat ter. A letter from the State Department of Public Works confirm- ing Topics Funds Grant was presented and noted. Miller & Lux A letter of thanks from Rev. John J. Ryan was noted in regard Funds for Poor to the Miller & Lux Christmas Fund for the p~or cr Gilroy at Christmas. .--=4 -.... Countywide development pol icy Div. of Hwy. Meet. re: freeway signs Northside Pk. Imp. Signals - 1st & Mill er Burglar Alarm Panel l .. Inter-City Counc i 1 Adjournment City Administrator Wood reported that the County Planning Department had expressed interest to,develop an overall Development Policy for unincorporated areas of the City of Morgan Hill and City of Gilroy requesting representatives from each Council, Staff, and local citizen of each city on said proposed committee. Council. was in accord with said proposal. City Administrator Wood reported that a Representative from the Division of Highways has been scheduled to meet with City Staff at the Council Chambers on March 10, 1971 at 3:00 p.m. to discuss the Divisionis policy in regard to signs adjacent to freeways; noting that Council members are invited to attend said meeting. The Mayor requested that Council members be reminded of said meeting. Discussion was had in regard to the fill needed in connec- tion with Northside Park Improvement. Director of Public Works-City Engineer Henry reported that the traffic signals at First Street and Miller Avenue are proposed to be activated February 17, 1971. Chief of Police Laizure reported that it may be necessary to ex- pand the present burglar alarm panel prior to next budget year, due to the increase in new installations. The Mayor noted the Inter-City Council Meeting at the State Capitol Building in Sacramento on March 3, 1971. At 9:25 p.m. the Mayor adjourned the meeting. Respectfully submitted, -]ZWfdZ1u/. &. ..~')jt::--j- C i t Y C 1 e r k ,. '