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Minutes 1971/12/20 3300 Roll Ca 11 In tro. neW employee Minutes Pub. Hear. re: Prezoning to R-l Prop. of Bo 1-1 enbacher & Kelton, Inc. In tro. Ord. Prezon i ng said prop. to R-l Pub. Hear. re: Amending Sec. 53.2 (a) (I) (a) & 53.2 (a) (I) (b) Pub.Hear.re: 1971-72 Weed Abate.Prog. , December 20, 197- G i I roy, Ca I i forn i a - The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:00 p.~ ..... Present: Council Members: George T. Duffin, John Hughan, John E. Pate, Anthony C. Silva, David V. Stout, and Norman B. Goodrich. Absent: Council Member: Fred P. Batrez ,...... The Mayor introduced new employee, Norma Wiedeman, Jr. Clerk-Typist (Parks & Recreation Department). .... Councilman Stout noted that at the December 6, 1971, regular Counci 1 Meeting he voted I'no" on the motion accepti ng the Publ ic Employee Trainee Program and classifications for said Program * and that same was not noted in the minutes of said meeting and further that it be noted in said minutes that he had requested the motion regarding turkeys for City Employees be repeated, said motion was not repeated, and that being the reason that he voted "no" on said motion, not knowing what he was voting upon. *(A further check on the tape recording of said meeting indicated that Counci lman Stout voted "no" on approving the grant for said Publ ic Employment Program, but was silent in voting "no" on the motion that the Trainee Program be accepted and classifications as presented be approved for said Program. however, during Council discussion in regard to said Trainee Program, Councilman Stout was opposed to same and desired this to be a part of the record.) The Minutes of the Regular Council Meeting of December 6, 1971, Were approved as mailed, recorded, and clarified by Councilman Stout. ~ The Mayor stated that it was the ti e scheduled for a Public Hearing on the proposal to Prezone to "R_1II 6.7 acres located approxi- mately 78 feet north of Welburn Avenue, east of and adjacent to Morey Avenue belonging to Bollenbacher & Kelton, Inc. He asked if there was anyone in the audience wishing to speak for or against the pro- posal. There was no comment from anyone in the audience. Director of Public Works-City Engineer Henry explained the location of said prezoning proposal. Motion was made by Councilman Duffin seconded by Councilman Pate and carried that the Public Hearing be closed. The City Attorney presented a proposed ordinance prezoning said property to "R_l". Motion was made by Counci lman Duffin seconded by Counci 1- man Silva that the proposed ordinance be introduced and published by title and summary. ..... The Mayor stated that it was the time and place scheduled for a Public Hearing on a proposal to amend Section 53.2 (a) (1) (a) and 53.2 (a) (I) (b) of the Zoning Ordinance to require covered parking for Single Family Dwellings and Duplexes. Director of Public Works- City Engineer Henry explained said proposal. The Mayor asked if there was anyone in the audience wishing to speak for or against the pro- posal. 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. Discussion was had by Council on said proposal. The City Attorney presented a proposed ordinance amending said Section 53.2 of the Zoning Ordinance. Motion was made by Coun- cilman Pate seconded by Councilman Hughan that the reading of the proposed ordinance be waived and that it be introduced and published by title and summary. ,...... .... The Mayor stated that it was the time and place scheduled for a Public Hearing on the, 1971-72 Weed Abatement Program. He asked if there was anyone in the audience wishing to speak for or against the Program. There was no comment from anyone in the audience. Motion was made by Councilman Duffin seconded by Councilman Hughan and carried that the Public Hearing be closed. Resolution No. 1612 ordering de- ..... ... Res. #1612 ~ '-..0 Pub.Hear. re: Non-con- forming signs Aloha Club ""''''''''l - Garcia's Pool Room Cafe El Charro ""~,,.~ 3301 struction of weeds under ~aid 1971-72 Weed Abatement Program was presented. Motion was made by Counc)lman Duffin seconded by Councilman Hughan that the reading of Resolution No. 1612 be waived and that it be adopted. RESOLUTION NO. 1612 RESOLUTION OF TH~ COUNCIL OF THE CITY OF GILROY INSTRUCTING THE CHIEF OF THE FIRE DEPARTMENT TO ABATE NUISANCE ARISING OUT OF WEEDS GROWING UPON LOTS OR IN FRONT OF PROPERTY IN THE CITY OF GILROY AS REQUIRED BY SECTION 5 OF ORDINANCE NO. 754. PASSED AND ADOPTED by the City Council of the City of Gilr9Y at a . regular meeting,held on the 20th day of December, 1971, by the folJow- ing vote: AYES: COUNCIL MEMBERS: Duff in, Hughan, Goodrich None Batrez Pate, Silva, Stout and NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: The Mayor stated that it was the time and place scheduled for a Public H~aring on a Non-conforming Sign at the Aloha,Club, 7287 Monterey Street. Director of Public Works-City Engineer Henry explained the legal process required by ordinance for signs to conform to same. The City Attorney further explained the time in which signs must con- form to said sign'ordinan~e. The Mayor asked if there was anyone in the audience wishing to speak in regard to the non-conforming sign at the Aloha Club location. 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 Cou~cijman Duffi~ seconded by Councilman Silva and carried that an extension t9 March I, 1972, be granted for said business to comply with the Sign Ordinance. Discussion was had by Council in regard to the Sign Ordinance regulations. The ~ayor stated that it was the time and place scheduled for a Public Hearing on a Non-conforming Sign at Garcia's Pool Room Cafe, 7275 Monterey Street. Director of Publ ic Works-City Engineer Henry explained the reason for said non-conforming sign. The Mayor asked if there was anyone in the audienc~ wishing to speak in regard to th~ ,non-conforming sign at Garcia1s Pool Room Cafe location. Mr. Herman Garcia representing said business addressed the Council and noted that 90 days extension to make the sign conform to the ordinance would be sufficient time in order to do same. Mrs. Garcia inquired if said sign could be used agains~ the building to conform with said ordinance. It was noted that the original cost of said sign was $800.00. Motion was made by Councilman Hughan seconded by Councilman Pate and carried that the Publ ic Hearing be closed. Motion was made by Councilman Duffin seconded by Councilman Silva and carried that an extension to March I, 1972 be granted for said business to comply with the Sign Ordinance. The Mayor stated that it was the time and place scheduled for a Publ ic Hearing on a Non-conforming Sign at the El Charro, 7243 Monterey Street. He 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. Director of Public Works-City Engineer Henry noted that the owner was contacted and noted that he would con- form to said Sign Ordinance. Motion was made by Councilman Duffin seconded by Councilman Hughan and carried that the Publ ic Hearing be closed. Motion was made by Councilman Hughan seconded by Councilman Silva and carried that an extension to March I, 1972, be granted for said business to comply with the Sign Ordinance. The Mayor stated that it was the tirre and place scheduled for a Public Hearing on a Non-conforming Sign at Victory Market, 7237 Monterey Street. He asked if there was anyone in the audience wishing to speak in regard to said non-conforming si'gn. Mr. Fook Low, owner of said business addressed the Council and requested an extension for three (3) years which would be the expiration date of his present lease. He noted that the value of said sign to be $3,500.00. Motion was made by Councilman Hughan seconded by C~uncilman Pate and carried 3302 ~ictory Mkt. that the Public Hearing be closed. Discussion was had by Council in regard to said non-conforming sign. Motion was made by Councilman Pate that an extension to March 1975 be granted for said business to comply with the Sign Ordinance. Motion died for lack of a second. Motion was made by Counci Iman Pate seconded by Counci Iman Duffin and carried that an extension to March I, 1972 be granted for said business to comply with the Sign Ordinance. Counci I Members Stout and Goodrich voted "no" on the motion. .. - Lib. & Cult. The Minutes of the Special Meeting of November 23, 1971 of Com. the library & Culture Commission were noted. Minutes Rural Fire Emergency ca lIs Sa I a ry Increases IIIIlI Counci I deviated from the regular Agenda in order to hear a request of Fire Chief Brittain in regard to Gilroy Rural Fire Dis- trictsl emergency calls. ... Fire Chief Brittain recommended that the Gilroy Fire Depart- ment dispatch emergency radio calls for the Rural Fire District at $100.00 per month on an experimental trial basis. Motion was made by Councilman Duffin seconded by Councilman Hughan and carried that the Gilroy Fire Department be authorized to dispatch emergency radio calls for the Rural Fire District at $100.00 per month on an experi- mental trial basis as recommended. City Administrator Wood presented and recommended Merit Step Salary Increases for the following City employees: a. Kenneth Maxwell, Patrolman, Range 31, from Step IIB" $805. to Step "C" $846., b. U. Pat Deleon, Patrolman, Range 31, from Step "A" $767. to Step "B" $805., c. Francisco Castro, Uti I ity Man, Range 26 from Step "D" $696. to Step IIEII $731. to become effective January 1,1972. Motion was made by Councilman Duffin seconded by Councilman Pate and carried that the Merit Step Salary Increases for Kenneth Maxwell, Patrolman; U. Pat DeLeon, Patrolman; and Francisco Castro, Uti lity Man to become effec- tive January I, 1972 be approved as recommended. .. Flood Control A Report on Flood Control Districts' Rights of Ways Dedica- Dist. tion Policies was presented. Council tabled action on same to await Rights of a recommendation from the Inter-City Counci I on said matter. Ways Dedi- ca t i on Po I i ci es Street Tree A Report on Street Tree Survey within the City of Gilroy was Survey presented. Discussion was had by Council in regard to said report. Counci I tabled action on same to discuss the feasibility of said pro- posed Street Tree Maintenance Program at the 1972-73 Budget sessions. Topics Agreement Commission appoint- ments .. Director of Public Works-City Engineer Henry presented a Topics Agreement between the City of Gilroy and the City of Campbd for Exchange of Funds and requested approval of same. Motion was made by Councilman Silva seconded by Councilman Hughan and carried that said Topics Agreement be approved and that the Mayor be authorized to execute same on behalf of the City. The Mayor noted Commissioners I terms expIring January 1, 1972 for reappointment for a full term to expire January 1, 1976. Motion was rrade by Councilman Pate seconded by Councilman Silva and carried that Richard Young and Pearl Eckard be reappointed to the Library and Culture Commission for a full term of four (4) years to expire January I, 1976. .. ..., The Mayor noted that Commissioner Sylvain LeDeit, Jr. term expires January I, 1972 and that he has declined a reappointment to said Commission. , Motion was made by Councilman Stout seconded by Councilman ~ilva and carried that John V. Vasquez be reappointed to the Parks & Recreation Commission for a full term of four (4) years to expire January I, 1976. The Mayor noted that a replacement for Commissioner Le Deit, Jr. would be made at the next regular Counci I Meeting. .. .... 3303 ~... Motion was ma.de by Counci lman Stout seconded byCouoci lman Silva and carried that William Childers and Guadalupe Aceves, Jr. be reappointed to the Planning Commission for a full term of four (4) years to expire January I, 1976. Res.#1613 Resolution No. 1613 Establishing Fees for Processing Statements and re:State .Maps fi led with the State BCE rd of Equal ization regarding Annexations, Bd. of Detachments, Special Districts, etc. was presented by the City Attorney. Equal. Motion was made by Councilman Pate seconded by Counci Iman Silva that Annex.,etc Resolution No. 1613 be adopted. fees. ........ RESOLUTIDN NO. 1613 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 CODE. PASSED AND ADOPTED this 20th day of December, 1971, by the following vote: AYES: COUNCIL MEMBERS: Duffin, Hughan, Pate, Silva, Stout, and Goodrich. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Batrez. The City Attorney was instructed to determine from the State Board of Equalization the double fee provision and what it represents in regard to sa i d fees. KOA Annex. A letter from Karnan Associates, Inc. was presented in regard to request annexation of property located on North Monterey Highway for KOA Camp- ground. D.iscuss ion was had. Motion was made by Counci lman Pate seconded by Councilman Hughan and carried that Council reaffirm its previous action to deny the request for annexation on the basis that the City does not look with favor on annexation of this area for the proposed use at this time. Councilmen Duffin and Stout voted "no" on the motion. .....'~,.,..- Temporary Trai ler- Wheeler Hos p. Cons t. site A request of Rudolph Sletten, Inc. for Temporary Use of Two (2) Trailers at the Wheeler Hospital Addition Project was presented. Motion was made by Councilman Duffin seconded by Counci lman Pate and carried that Rudolph Sletten, Inc. request for Temporary use of two (2) trailers at the Wheeler Hospital Addition Project be granted. W.S.P.Truck- A Damage Claim from W.S.P. Trucking, Inc. was presented. Motion ing was made by Counci lman Pate seconded by Councilman Hughan and carried Claim that said claim be denied and referred to the City's Insurance Carrier and the City Attorney. S.C.Co.Plan. The minutes of the Santa Clara County Planning Policy Committee Policy Meeting of November 18, 1971 were noted. Com.Meet. Air Pollu- An Air Pollution Glossary was presented and noted. tion Glossary City Water A letter Report by the State on City Water System Faci lities was Sys.Faci- presented and noted. 1 i t t es Flooding Monterey Hwy. N. Councilman Stout inquired of a solution to the problem of the excess water south of Ronan Avenue on the west side of Monterey Highway, flooding the area. Council referred same to Staff to determine if the service station business that is creating the excess water could connect to the Sanitary Sewer Line at said location. I Youth Center City Administrator Wood noted that Mr. Tony Garcia has req~ested Director that he be on the next regular Council Meeting agenda in regard to a Youth Center. 3304 Xmas Hi II Park:s & Recreatio~ Director Ayer noted receipt of an Archi teet Assoc. Award for Christmas Hi II Park Project. Maciel Bros. Discussion was had in regard to the automotive service business owned by Maciel Bros. on North Monterey Street becoming a junk yard which is in violation of the Ordinance. Motion was made by Councilman Duffin seconded by Councilman Hughan and carried that the City Attorney proceed with legal action to have Maciel Bros. comply with the local ordinances. Farmer's Creek City Administrator Wood noted a proposed change in the name of name change Farmer's Creek to Gavilan ~reek. Council requested that the College be to Gavilan informed of same and determine if they had any objection to said name Creek change. The City Attorney noted that he would determine same from Gavilan College Board of Trustees and report back to the Counci I in this regard at the next regular CouncJl Meeting. Parking Problem Counci lman Silva reported that he had received several complaints at Wheeler from residents on the east sid~ of the Hospital complaining of people park- Hospital ing in front of their homes when using the hospital. Golf Course Ca retaker The Mayor requested that a letter be forwarded Mr. Vernon Brown conveying the City Counci ls' thanks for his 17 years of service working with the City through the Golf Course operation. The Mayor wished everyone a Merry Christmasl Adjournment At 10:47 p.m. the Mayor adjourned the meeting~ Respectfully submitted, / ~ 9J10~ mu/ ? ~ 1c.~,;u4 .' City Clerk tJ'