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Minutes 1972/04/03 .' Roll Call Minutes Pub .Hea r. re: Casey St. a bandonmen t 3333 Gi lroy, California Apri 1 3, 1972 The Regular Meeting of the Gi lroy 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, Anthony C. Silva, David V. Stout and Norman B. Goodrich. The Minutes of the Regular Council Meeting of March 20, 1972 were approved as mailed and recorded. The Mayor stated that it was the time and place scheduled for a Public Hearing on the proposal to vacate the most northerly ten feet of Casey Street between Swanston Lane and one hundred feet easterly of the Southern Pacific Railroad Right of Way. Staff explained the location of said proposed abandonment of said portion of Casey Street. The Mayor asked if there was anyone in the audience wishing to speak in regard to said proposal. There was no comment from anyone in the audience. Motion was made by Councilman Hughan seconded by Counci lman Pate and carried that the Public Hearing be closed. Motion was made by Councilman Pate seconded by Councilman Sj lva.and carried that an ordinance vacating the most northerly ten feet of Casey Street between Swanston Lane and one hundred feet easterly of the Southern Pacific Railroad Right of Way be 3334 introduced, the reading waived and that it be published by title and summary. Pub.Hear.re: The Mayor stated that it was the time and place schedu.led .for a Zon.Amend. Public Hearing on the proposal to amend the zoning ordinance to include to include under Conditional Use Permits, On-Sale Liquor in Sections 32.2 and 33.2. On-Sale The City Attorney explained the Planning Commissionsl recommendation in Liquor regard to said amendment. The Mayor asked if there was anyone in the under Con- audience. Motion was made by Councilman Batrez seconded by Counci lman ditional Hughan and carried that the Public Hearing be closed. Discussion was had Use Permits in regard to said amendment by Council. Motion was made by Councilman Hughan seconded by Counci lman Duffin and carried that an ordinance be introduced to amend the Zoning Ordinance to include On-Sale Liquor under Conditional Use Permits in Sections 32.2 and 33.2, that the reading be waived and that it be publ ished by title and summary. - .... ~ ..... Pub.Hear.re: The Mayor stated that it was the time and place scheduled for a rezoning Public Hearing on a Rezoning request of Dale Fellows from I-Z to R-3 ape of D. located on the north side of Ronan Avenue approximately 500 feet west of Fellows Monterey Street, containing 18,000 sq. ft. Secretary of the Planning Ronan Ave. Commission Henry explained the Planning Commissionsl recommendation that said property be rezoned R-2. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposed rezoning. Mr. Courtland Rush, representing the property OWner and applicant requested Council to consider allowing construction of two triplexes on said pro- perty. Staff noted that the zoning for two triplexes would be R-3. Motion was made by Councilman Duffin seconded by Councilman Silva and carried that the Public Hearing be continued to April 17, 1972 and -that. said matter be referred to the Planning Commission for study and recom- mendation on same. Pub.Hear.re: The Mayor stated that it was the time and place scheduled for a Milias Public Hearing on a Non-conforming sign at the Milias Hotel, 7397 Monterey Hotel Street, owner Federal Sign and Signal Corp., San Jose. Director of Public Sign 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. ~ I ..... Mr. Jacques R. Welden, Attorney representing the owner of said sign at the Milias Hotel and other downtown merchants, addressed the Counci 1 objecting to the Sign Ordinance, declaring same to be unconsti- tutional. Motion was made by Counci lman Hughan seconded by Counci lman Pate and carried that the Public Hearing be closed. Motion was made by Councilman Hughan seconded by Councilman Duffin and carried that an exten- sion to May 1, 1972 be granted for the Mi lias Hotel Sign to comply with the Sign Ordinance. Councilman Stout recommended that Counci 1 declare a moratorium to March 1975 on the Cityls Sign Ordinance regulations. Coun- cilman Stout voted "no" on the motion granting an extension of May 1, 1972 for the Milias Hotel Sign to comply with the ordinance. P. & R. Com. The Report of the Parks and Recreation Commission Meeting of March Report 21, 1972 was presented by City-Administrator Wood. Councilman Stout re- quested Council notification of all Parks and Recreation Commission Meetings. Monthly Report The Summary of the Monthly Reports of February 1972 was presented. Feb. 1972 Councilman Hughan suggested removal of the Utility Tax info on the monthly report; Councilman Stout requested that same be provided on said report for at least a twelve month period. ".... Disbursements The Report of Disbursements from March 1st through March 31, 1972 was presented and noted. ..... 5 P r i n g C 1 ea n- Up Week May 1-7, Res.#1636 sented. tha t the City Administrator Wood presented a Report on Spring Clean-Up Week, 1972. Resolution No. 1636 Declaring Spring Clean-Up Week was pre- Motion was made by Councilman Batrez seconded by Councilman Silva reading of Resolution No. 1636 be waived and that it be adopted. - RESOLUTION NO. 1636 - 3335/ RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY PROCLAIMING GILROY SPRING CLEAN-UP WEEK. PASSED AND ADOPTED by t~e Counci 1 of the City of Gilroy, County of Santa Clara, State of California, on this 3rd day of April, 1972, by the following vote: AYES: COUNCIL MEMBERS: BATREZ, HUGHAN, DUFFIN, PATE, SILVA, STOUT and -- GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bicycle A Report on Bicycle Safety Education Program was presented and Safety further explained by Chief of Police Laizure. ,....... Educa t i on Program ~ Gavi Ian A Request from Gavi Ian National Bank was presented to be named as Natll. one of the Cityls depositories. Motion was made by Councilman Hughan seconded Bank by Counci lman Silva and carried that Gavilan National Bank be one of the four Depositories for the City and use of same to be determined by the Director of Finance. Councilman Duffin abstained from voting on same, due to the fact he is a member of the Bankls Board of Directors. Drug Abuse- Mr. James Zizzo, addressed the Council in regard to South County Drug Preven- Abuse Prevention Society, Inc. requesting approximately $4,000.00 from the tion City for,said program. Mr. Chuck Wall, Executive Director of Pathway Society Program and Mr. Al Addy, Vice-President of said Society addressed the Council in regard to said Drug Abuse Prevention Program for the South County. Motion was made by Counci lman Hughan seconded by Councilman Batrez that the City endorses the Drug Abuse-Prevention Program as presented noting that the matter of funds from the City would be considered at the next budget sessions for the 1972- 73 Budget. Mr. Don Chesbro addressed the Counci 1 and opposed the location of a Drug Abuse Center in the Downtown area. """- County-wide A letter from the Board of Supervisors was presented requesting consoli- eounci Is' opinion of consolidation on a county-wide basis for Santa Clara tion County. Discussion was had on the matter. Motion was made by Councilman Hughan seconded by Councilman Pate and carried that Council opposes the matter of consolidation on a county-wide basis on the basis that previously the City studied a consolidation with Morgan Hi 11 and San Martin which appears more appropriate; further that the City is concerned about South County and that the cities are attempting to achieve this continuity through agencies such as the County Planning Policy Committee, etc. Bonanza Days I A request from Gi lroy Bonanza Days for a Parade Permit on June 24, Parade 1972 ~as presented. Motion was made by Councilman Pate seconded by Councilman & Barbe- Hughan that the. reading of Resolution No. 1637 be waived and that it be adopted. cue RESOLUTION NO. 1637 RESOLUTION OF THE CITY OF GILROY REQUESTING APPROVAL OF THE STATE OF CALIFORNIA, DEPARTMENT OF PUBLIC WORKS, DIVISION OF HIGHWAYS TO PERMIT A PARADE WITHIN THE CITY OF GILROY. PASSED AND ADOPTED this 3rd day of Apri 1, 1972, by the following vote: AYES: COUNCIL MEMBERS: BATREZ, DUFFIN, HUGHAN, PATE, SILVA, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None l""....,i Mr. Don Chesbro addressed the Council requesting Police Protection in the alleys of the buildings fronting Monterey Street during the Bonanza Days parade to prevent people from climbing on the roofs of said buildings. City Administrator Wood further noted a request of the Bonanza Days' Committee to use Christmas Hill Park for their annual barbecue on June 25, 1972. MotioQ was made by Councilman Pate seconded by Councilman Si lva and carried that Bonanza Days I Committee request-for use of Christmas Hill Park facilities for their annual barbecue be approved on the same basis as the previous year. S.C.Co.Plan. The Mini Minutes of Santa Clara County Pianning Policy Committee Policy meeting of March 23, 1972 were noted. Com.Meet. 3336 TOPICS G i 1 roy Com- munity Center Intergovern- mental Calendar GHS Boos ter Band A letter from the State of California, Department of Public Works in regard to TOPICS Allocations was noted. lIIIIII A commu~ication from the Gi lroy Community Center was noted in regard to their recent activities. ... The Intergovernmental Calendar for Santa Clara County, April 1972 was noted. City Administrator Wood presented a request from the Gi lroy High School Band Booster Club for use of Fourth and Fifth Streets for a Carnival on April 30, 1972. Motion was made by Councilman Duffin seconded by Councilman Pate and carried that the request be granted subject to Staff to determine if the High School has sufficient liability insurance for said occasion. ... ... Temporary Trailer City Administrator Wood presented a request from Mrs. Oscar Mills for temporary use of a trailer to be located at 390 Leavesley Road for caretakers living quarters at the Arco Service Station. Discussion was had in regard to said matter. Motion was made by Councilman Batrez to grant a 30 day Temporary Trailer Permit at said location. Motion died for lack of a second. Motion was made by Counci lman Pate seconded by ,Councilman Duffin and carried that the request for a temporary trailer permit at 390 Leavesley Road be denied. Elks Lodge property City Administrator Wood reported that the City Attorney advised him that the Elks Lodge property was detached from the City at the time the deed for said property was recorded approximately. two years ago, since said City property was non-contiguous to the City Limits and that a refund of City property taxes in the amount of $1,559.26 would be in order upon receipt of a claim for same by the Elks Lodge. It was further noted that the Elks have been paying in-city water rates from the time the deed was recorded and that they will be required to pay outside city limits rates from said date. .. .. Annex. apps. City Administrator Wood reported that annexation applications had been filed with LAFCO for"Murray Avenue No.1 Annexation 71-811 and IICastle- wood Park Annexation 72-211, and noted the locations of said proposed annexa- tions. San Felipe Proj. City Administrator Wood noted reports received from Counci lman Hays of San Jose and the Sierra Club in opposition to the San Fel ipe Project. Council Members noted receipt of said information. Legislative Bil Is City Administrator Wood noted eleven (11) pending bills presently before the Legis lature. Counci lman Pate suggested that Counci 1 review same and express opinions if any in opposition to the League of California Cities recommendations at the next Counci 1 Meeting. Flood Control works-Uvas Carnadero Creek City Administrator Wood noted a meeting on April 13, 1972 at 7:30 p.m. in the Council Chambers with the Department of Army Engineers in regard to Flood Control Works on the Uvas-Carnadero Creek and request for two (2) Council and Planning Commission representatives for the City. The Mayor appointed Couci lmen Duffin and Silva and Alternate Counci lman 5 tou t. IIlII .. Building Codes Councilman Hughan reported that the Bui lding Code Committee of the Counci 1 and Staff has scheduled a meeting for later this week and would report to Council at the next regular Council Meeting. lIIIIII Water Study Councilman Hughan reported on the Water Study Meeting of March 30, 1972. City Administrator Wood further reported on same. ... Transportation Counci lman Stout noted that Mr. Bill Wilson of the Transportation proposition Policy Committee requested the City to insert information in the utility 3337 bills i~ regard to tpe Transportation proposition on the June 6, 1972 Primary Election ballot. Discussion was had in regard to same. Motion was made by Councilman Hughan seconded by Councilman Batrez and carried that said request be denied on the basts that the Sample Ballots are the proper means of getting said information to the voters. Ronan Ave. Counci lman Pate inquired of the Cityls requirements in regard to curb curb & and gutter installation for the property on Ronan Avenue recently requested by gutter Dale Fellows to be rezoned. Director of Public Works-City Engineer Henry require- noted that same would be a stipulation of the development agreement requiring ments curb and gutters under an Assessment proceedings. Councilman Stout inquired of the width of Ronan Avenue. Director of Public Works-City Engineer Henry noted that there is a 10 foot dedication on both sides of said street. County-wide Counci lman Pate requested that Council review the letter to the Board consoli- of Supervisors in regard to consolidation on a county-wide basis prior to dation mailing same. City Dump Councilman Sil~a inquired of the revenue received from the Garbage Company for outside City limit users of the Dump at the Sewer Farm property, noting that all of South County is using the Cityls Dump. City Administra- tor Wood recommended the Sewer Committee meet with Mr. Acker to discuss same. Well Levels Director of Public Works-City Engineer Henry noted the Cityls Well levels in April 1972 compared with April 1971. The Mayor noted the presence of Parks and Recreation Commissioner Lawton. Commissioner Matranga representing the Parks and Recreation Com- mission was also present in the audience. The Mayor noted the presence of Chamber of Commerce Secretary Manager, Pau 1 Baxter. The Mayor noted the Inter-City Council Meeting of Apri 1 6, 1972 at Waikiki Village in Los Gatos. Adjournment At 10: 19 p.m. the Mayor adjourned the meeting. Respe~lful ly submitted, / l / 1t;;;:/,- '--/ ~