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Minutes 1972/03/06 Roll Call Intro.new Emp. ,Minutes Pub .Hea r. re: Ronan Ave. 7 1 - 6 Ann ex . Res .# 1630 3325 .G i I roy, Ca 1 i forn i a March 6, 1972 The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Protempore George T. Duffin at 8:00 p.m. Present: Council Members: Fred P. Batrez, George T. Duffin, John Hughan, John E. Pate, Anthony C. Silva, and David V. Stout. Absent: Council Member: Norman B. Goodri~h. The Mayor Protempore introduced new employee Dennis L. Trettin, Police Patrolman. The Minutes of the Regular Counci 1 Meeting of February 22, 1972 were approved as mailed and recor.ded. The Mayor Protempore stated that it was the time and place scheduled for a Public Hearing on the proposal to annex Uninhabited Territory con- taining 2.299 acres, located on the southerly stde of Ronan Avenue between Wren Avenue and Church Street to be known as "Ronan Avenue No. 71-6 Annexa- tion to the City of Gilroy". Director of Public Works-City Engineer Henry explained the proposed annexation. City Administrator Wood noted the location of said annexation. The Mayor Protempore asked if there was any- one in the audience wtshing to speak for or against the proposal. There was no comment from anyone in the audience. Motion was made by Councilman Batrez seconded by Councilman Pate and carr.ied that the Public Hearing be closed. The City Attorney presented Resolution No. 1630 Referring to no protests. Motion was made by Councilman Hughan seconded by Councilman Silva that the reading of Resolution No. 1630 be waived and that it be adopted. RESOLUTION NO. 1630 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DECLARING THAT NO PROTEST HAS BEEN MADE TO THE ANNEXATION OF TERRITORY DESIGNATED IN THE PROCEEDIN~ AS IIRONAN AVENUE ANNEXATION 71-6 TO THE CITY OF GILROY". 3325 o rd .#949 Res.#1631 PASSED AND ADOPTED immediately following the hearing mentioned in the above Resolution" this 6th day of March, 1972, by the following vote: AYES: COUNCIL MEMBERS: BATREZ, HUGHAN, PATE, SILVA, STOUT and DUFFIN. NOES: COUNC I LMEMBERS: None ABS ENT: COUNC I L MEMBER: GOODR I CH ....... ... The City Attorney presented Ordinance No. 949 Annexing said Territory to the City. Discussion was had by Council on the proposed annexation. Motion was made by Councilman Pate seconded by Councilman Silva that the reading of Ordinance No. 949 be waived and that it be adopted. ...... ORDINANCE NO. 949 .... AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO. OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS IIRONAN AVENUE ANNEXATION 71-6 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 this 6th day of March, 1972, by the following vote: AYES: COUNCIL MEMBERS: BATREZ, HUGHAN, PATE, SILVA, STOUT and DUFFIN. NOES: COUNCIL MEMBERS: None ABS ENT: C,OUNC I L MEMBER: GOODRI CH Resolution No. 1631 removing said territory from the Gilroy Rural Fire District was presented. Motion was made by Councilman Hughan seconded by Councilman Batrez that the reading of Resolution No. 1631 be waived and that it be adopted. RESOLUTION NO. 1631 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 IIRONAN AVENUE n-6 ANNEXATION TO THE CITY OF GI LROYII. ~ASSED AND ADOPTED this 6th day of March, 1972, by the following vote: AYES: COUNC I L MEMBERS: BATREZ, DUFFI N, HUGHAN, PATE, SILVA and STOUT. NOES: COUNC I L MEMBERS: None ABSENT: COUNCIL MEMBER: GOODRICH .... ..... Pub.Hear.re: The Mayor Protempore noted that it was the time and place sch- non-conform- eduleq for Public Hearings on the following non-conforming signs: Dick ing Signs Bruhn, 7579 Monterey Street; The Knight, 7561 Monterey Street; and El Camino Bakery, 7574 Monterey Street. City Administrator Wood noted that Dick Bruhn and The Knight according to the ordinance do not have to remove the signs until December 1972 and that said Public Hearings should be removed from the Agenda. The Mayor Protempore stated that it was the, time and place scheduled for the Public Hearing on the non-conforming sign at El Camino Bakery, 7574 Monterey Street. Director of Public Works- City Engineer Henry explained said non-conforming sign. The Mayor Pro- tempore 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 Councilman Hughan seconded by Council- man Pate and carried that the Public Hearing be closed. Motion was made by Councilman Hughan seconded by Councilman Silva and carried that,an extension to May 1, 1972 be granted, for said business to comply ~ith the Sign Ordi nance. El Cami no Bakery Spencer Cleaners / The Mayor Protempore stqted that it was the time and place scheduled for a Public HeariQg on the non-conforming sign at Spencer Cleaners, 7579 Monterey Street. Director of Public Works-City Engineer Henry explained said non-conforming sign. The Mayor Protempore 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 Councilman Hughan seconded by Councilman Pate and carried that tbe Public Hearing be closed. Discussion was had by Counc!l in regard to said sign. Motion was made by CQuncilma8 Hughan seconded by Councilman Pate and ca~ried that an extension to May 1, 1972 be granted, for said business to comply with the Sign Ordinance. IIIIIIIIIiI\ ..... -- The Mayor Prot~mpore stated that it was the time and place scheduled for a Public Hearing on the non-conforming sign at Camino - ~'_ '4 ..... Camino Plumbing r I I-. El Charrito Cas t 1 ewood Pa r k 72- 1 Annex. Ord.#950 "....... '........ Res .#1632 t . Plan.~om. Report 3/2/72 I 1&iJ,."_._,_"",, 3327 Plumbing, 7635 Monterey Street. Director of Public Works-City Engineer Henry explained said non-conforming sign. The Mayor Protempore asked i.f 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 Councilman Pate seconded by Councilman Silva and carried that the Publ ic Hearing be closed. Motion was made by Counci lman Pate seconded by Councilman Silva and carried that an extension to May I, 1972 be granted, for said,business to comply with the Sign Ordinance. The Mayor Protempore stated that it was the time and place scheduled for a Public Hearing on a non-conforming sign at El Charrito Mar- ket, 7638 Monterey Street. Director of Public Works-City Engineer Henry explained said non-conforming sign. The Mayor Protempore 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. City Administrator Wood noted that Mr. Pastor Mata, owner, requested a six (6) months exten- sion to comply with the Sign Ordinance since they,are proposing to remodel said business by that time. Motion was made by Councilman Batrez seconded by Councilman Silva and carried that under the circumstances an extension to September 1, 1972 be granted, for said business to comply with the Sign Ordinance. A Petition from San Martin Vineyards Company was presented re- questing Annexation of Uninhabited Territory Containing 11.236 acres, located on the north and south sides of Third Street, east of Santa Barbara Drive and Castlewood Park Annexation to be known as "Castlewood Park Annexa- tion 72-1 to the City of Gi lroyll. City Administrator Wood explained the location of said proposed annexation. The City Attorney presented and explained Ordinance No. 950. Motion was made by Councilman Pate seconded by Councilman Hughan that the reading of Ordinance No. 950 be waived and that it be adopted. ORDINANC~ NO. 950 AN ORDINANCE PROVIDLNGFOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS IICASTLEWOOD PARK ANNEXATION 72-1 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 6th day of March, 1972, by the following vote: AYES: COUNCIL MEMBERS: BATREZ, HUGHAN, PATE, SI LVA, STOUT and DUFFIN. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: GOODRICH Resolution No. 1632 Fire District was presented. by Counc i 1 man S i 1 va tha t the that it be adopted. Removing said Annexation from the Gilroy Rural Motion was made by Councilman Pate seconded reading of Resolution No. 1632 be.waived and RESOLUTION NO. 1632 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 IICASTLEWOOD PARK ANNEXATION 72-1 TO THE CITY OF GILROY". PASSED AND ADOPTED this 6th day of March, 1972, by the following vote: , AYES: COUNCIL MEMBERS: BATREZ, DUFFIN, HUGHAN, PATE, SILVA, and STOUT. NOES: COUNC I L MEMBERS: None ABSENT: COUNCIL MEMBERS: GOODRICH The Report of the Planning Commission Meeting of March 2, 1972 was and.discussed. Lib.& Cult. The Minutes of the Library and Culture Commission Meeting of Feb- 2/1/72 ruary 1, 1972 were noted and discussed.: Monthly Reports The Summary of Monthly Reports of Ja~uary 1972 ,were noted. Disbursements The Report of Disbursements from February 1, ]972 through February 29, 1972 were noted. 3328 '... Water Main A Report on the proposed extension of a water main through the Free- Ext. way Interchange south of .Sambos was presented and explained by Director of Public Works-City Engineer Henry. Discussion was had. Motion was made by Councilman Hughan seconded by Councilman Pate and carried that the ex- tension of said Water Main through the Freeway Interchange south of Sambos be approved and that the $8,500.00 contribution from the Barberi Brothers be accepted for sa i d proj ect wi th the City crew to perform the labor for said project as out 1 ined by the Director of Publ ic Works. l .. .. S.Chestnut A Report on South Chestnut Street Improvement District alternates St. Imp. was presented in regard to obtaining extra-territorial jurisdiction from the County. Discussion was had on the matter. Motion was made by Council-; man Pate seconded by Councilman 5 i lva and carried that the al ternate for the proposed South Chestnut Street Assessment District be approved as pre- sented and that said propo~al be forwarded to the County to request appro- val of same as submitted. ~ iIIIIIIII "'" Res.#1633 Resolution No. 1633 Providing Assurances Pursuant to Uniform Reloca- Eastside tion Assistance & Real Properties Acquisition Pol icies Act of 1970 (East- & Xmas side & Christmas Hill Parks) was presented. Motion was made by Councilman Hi 11 Pks.Batrez seconded by Counci lman Pate that the reading of Resol ution No. 1633 be waived and that it be adopted. Councilman Stout was absent during the discussion and did not vote upon said resolution. RESOLUTION NO. 1633 P0 RESOLUTION OF THE CITY COUNCIL OF THE.CITY.OF GILROY PROVIDING ASSURANCES PURSUANT TO.UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970. PASSED AND ADOPTED this 6th day of March, 1972, by the following vote: AYES: COUNCIL MEMBERS: BA1REZ, DUFFIN, HUGHAN, PATE, and SILVA. NOES: COUNC I L MEMBERS: None ABSENT: COUNCIL MEMBERS: STOUT and GOODRICH. j ... Proj ec t Theft G ua r d Information in regard to "Project Theft Guardl'was presented and discussed. .... Ca p. Imp. Program The Report on the 5 Yr. (1972-1977) Capital Improvement Program was noted. Counci 1 set March 14, 1972 at 8:00 p.m. as a. Counci 1 Work Study Session on said Capital Improvement Program. Wheeler Aud. A Report on the use of Wheeler Auditorium was presented and discus- sed. Council concurred with the proposal that.the Wheeler Auditorium not be scheduled for noisy events on evenings of Council and Planning Commis- sion Meetings. Res.#1634 Resolution No. 1634 of Intention to Vacate a Portion of the most Casey northerly ten (10) feet of Casey Street was presented. Motion was made St. by Counc i 1 man Hughan seconded by Counc i 1 man S i 1 va tha t the read i ng of Resolution No. 1634 be waived and that it be adopted. RESOLUTION NO. 1634 RESOLUTION OF INTENTION TO VACATE THE MOST NORTHERLY TEN (10) FEET OF CASEY STREET IN THE CITY OF GILROY LYING BETWEEN SWANSTON LANE AND TO ONE HUNDRED (100) FEET EASTERLY OF SOUTHERN PACIFIC RAILROAD RIGHT OF WAY. PASSED AND ADOPTED this 6th day of March, 1972, by the following vote: AYES: COUNC I L MEMBERS: BATREZ, DUFF IN, HUGHAN, PATE, SILVA and STOUT. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: ,GOODRICH. ..... ..... Ord.#951 Ordinance No. 951 Amending the Zoning Ordinance by Rezoning 7565 Chestnut Street from R-l to R-2 District was presented. Motion was made by Councilman Pate seconded by Councilman Hughan that the reading of Ordinance No. 951 be waived and that it be adopted. IIIlIIII! ... 3329 ORDINANCE NO. 951 ORDINANCE 'bF THE CITY 0'1=" GIL~OY AMENDING THE ZONING ORDINANCE OF SAID CfTY BY REZONING A PARCEL LOCATED AT 7565 CHESTNUT STREET FROM R-l DISTRICT TO R-2 DISTRICT TO CONFORM TO ITS PRESENT USE. PASSED AND ADOPTED this 6th day of March, 1972, by the following vote: AYES: COUNCIL MEMBERS: BATREZ, HUGHAN, PA~E, SILVA, STOUT and DUFFIN. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: GOODRICH Ord.#952 Ordinance No. 952 Amending the Zoning Ordinance by Prezoning 9.0 acres as R-3 (Low Density Multiple Residence), 5.5 acres as R-2 (Two Family Residence), and 91.0 Acres as R-l (Single FamIly Residence), a total of 105.5 acres said property belonging to San Martin Vineyards Co. Motion was made by Councilman Pate seconded by Councilman Batrez that the reading of Ordinance No. 952 'be waived and that it be adopted. ORDINANCE NO. 952 ORDINANCI; OF THE CITY OF GI LROY AMENDING THE ZONING ORDINANCE OF SAI D CITY BY PREZONING 9.0 ACRES AS R-3 (LOW DENS ITY MULTI PLE FAMI LY RES I DENCE), 5.5 ACRES AS R-2 (TWO FAMILY RESIDENCE), AND 91.0 ACRES AS R-l (SINGLE FAMILY RESIDENCE), A TOTAL OF 105.5 ACRES, SAID PROPERTY BEING PART OF A PROPOSED ANNEXATION FILED WITH THE CITY OF GILROY.' , PASSED AND ADOPTED this 6th day of March; 1972, by the following vote: AYES: COUNCIL MEMBERS: BATREZ, HUGHAN, PATE, SILVA, STOUT and DUFFIN. NOES: COUNCIL MEMBERS: None Kentwood A request from Kentwood Development Company was presented for a time Dev. extension under Section 49. Mr. John Kent addressed the Counci 1 and furth~r Co. explained the request. Motion was made by Councilman Hughan seconded by Councilman Silva and carried that Kentwood Development Co. be granted a time extension under Section 49 'for 12 months from Apri f 5, 1972 under Resolution No. 1 512 . Multiple A request of the National Multiple Sclerosis Society for waiver of the Sclero-solicitation permit was presented. Motion was made by Councilman Pate seconded sis by Councilman Silva and carried that the request for waiver of said solicita- Sol ici-tion permit be granted for May and June of 1972. ta t i on ' Golf Club A request fr'oni the 'Gilroy Golf andCountryClub for advance of operating Advance funds for 1972 was presented. Discussion was had on the .matter. Motion was of funds made by Counci lman Batrez seconded by Counci lman Hughan that an advance of $200.00 be granted the Gi lroy Golf & Country Club for operating funds for 1972. Motion denied by the following roll call vote: Av.es: Council Members: Batrez, Hu'ghan and Duffin; Noe~: Council Members: Pate, Silva and Stout. Absent: Council Member: Goodrich. Elks Lodge A letter from the Gilroy Elks Lodge was presented requesting disannexation from the City Golf Course. Said letter was referred to the City Attorney for legal information in regard to same. Wm. Lyon A Request for use of a temporary trailer sales office from William Lyon Dev. Development Company was presented. Motion was made by Councilman Batrez Co. seconded by Councilman Pate and carried that William Lyon Development Company be granted use of a temporary trailer fora Sales Office for a 45 day period. Foley & Burk A request from Foley & Burk for permission to condu~t rides and con- cessions at Plaza Shopping Center in conjunction with a promotion by the Plaza Shopping Center merchants, w~s presented. Motion was m~de by Councilman Batrez seconded by Councilman Pate and carried that Foley & Burk be granted permission to conduct said rides and concessions. Claim re: A damage Claim from Mrs. Helen Dexter was presented. Motion was made H. by Councilman Hughan seconded by Councilman Si lva that the letter claim from Dexter Mrs. Helen Dexter be denied and referred to the City's Insurance Carrier and the City Attorney. 3330 S.C.Co. The Minutes of the Santa Ctara County Transportation Policy Committee Trans. Meeting of Japuary 26, 197) were noted. Policy Com. S.C.Co. Plan. Pol icy Com. The mini Minutes of the Santa Clara County Planning Policy Com- mittele Meeting of February 24, 1972 were noted and further explained by Representative Pate. Z on i n g Legisla- tion A letter from Duncan & Jones in regard to the recent Planning and Zoning Legislation was noted. San Felipe A letter from Councilman Hays of San Jose opposing the'San Felipe Proj. Project was noted. Drscussion was had in regard to same. Library Specs Chairman Hughan reported on the Outl ine of Preliminary Specifica- tions for the new Library submitted with the Agenda. Councilman Hl.Ighan noted that the Committee did not have a report at this time on the pro- posal to up-date the present Building Codes. Motion was made by Council- man Pate seconded by Councilman Batrez and carried that 'the preliminary Specifications as amended and'outlined for the New Library be approved subject to review of Section 7, Item a. to be approved by Staff when presented by the Architect. Lots on St. & San ta Ba rba ra 3rd Councilman Stout inquired of 'the lot 'siZes at the northeast cor- ner of Third Street and Santa Barbara Dfiv~. Staff was requested tQ investigate same. St.Patricksl Councilman Pate noted an invitation' from Mr. Fran Basch to Counci'l Dinner for the Rotary and American Legion St. Patricks' Day Dinner on March 16; 1971 at 7~00 p.m. at the Legion Building. Co.Plan.Com. Councilman Pate reported on the Publ ic Hearing before the County rezoning Planning Commission in regard to the rezoning proposal on Rucker and proposal Buena Vista Avenues. He noted that said hearing was continued for 30 days in order for County Staff to meet with the City of Gi lroyand Morgan Hill Committees to attempt to resolve the problem of subdivision in the county where 'septic tanks are proposed for said development. .J Councilman Pate noted that there would be a meeting in regard to same at. the County Building on March 9, 1972 at 2:00 p.m. and that he would . attend same and report back to Council. Councilman Pate noted that any- one wishing to attend said meeting is 'invited. Adjournment At 10:30 p.m. Mayor Protempore Duffin adjourned the meeting.. Respectfully submitted, \' Ie i ___ i' ,......j, .. ,. ~ . . /" . --.' , :.;2l/4/NZL- \JJ '1.1thu.l . City Clerk