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Minutes 1972/04/17 3337 Gilroy, California Ap r ill 7, 1972 The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:00 p.m. Roll Call Present: Council Members: Fred P. Batrez, John Hughan, John E. Pate, Anthony C. Silva, David V. Stout and Norman B. Goodrich. Absent: Council Member: George T. Duffin. Intra. new emp. The Mayor tabled the introduction of new employee Peyton E. Parks I I I, Police Cadet, to await his presence. M i nu tes The Minutes of the Regular Council Meeting of April 3, 1972, were approved as mailed and recorded. 1 3p~~~r. re: rezoning - Dale Fellows Ronan Ave. The Mayor stated that it was the time and place scheduled for the continued Public Hearing on a Rezoning request of Dale Fellows from 111-~1I (Interim Zpne) to 'IR-311 (Low Density Multiple Residence) located on the north side of Ronan Avenue, approximately 500 feet west of Monterey Street containing 18,000 sq. ft. Director of Public Works - City ~ngineer Henry explained the Planning Commissionls recommendation that said property be rezaned "R_2.11 Mr. Dale Fellows addressed the Council and further explained his rezoning request. Motion was made by Councilman Hughan seconded by Councilman Pate and carried that the Public Hearing be closed. Discussion was . had by Council in regard to said rezoning request. The City Attorney presented Resolution No. 1638. Motion was made by Councilman Silva that the reading of Resolution No. 1638 be waived and that it be adopted. RESOLUTION NO. 1638 RESOLUTION OF THE CITY OF GILROY GRANTING A SPECIAL ZONING EXCEPTION PURSUANT TO SECTION 49 OF THE ZONING ORDINANCE OF SAID CITY PERMITTING R-3 (LOW DENSITY MULTIPLE FAMILY RESIDENCE) DEVELOPMENT OF THE PREMISES AT THE NORTH SIDE OF RONAN AVENUE 500 FEET WEST OF MONTEREY STREET. PASSED AND ADOPTED this 17th day of April, 1972, by the following vote: AYES: COUNCIL MEMBERS: BATREZ, HUGHAN, PATE, SILVA, STOUT, AND GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: DUFFIN Intra. newemp. Police Sergeant Wilson introduced new employee Peyton E. Parks, III, Pol ice Cadet. Murray Ave. #1 Annex. 71-8 Res. #1639 re: Rural Fire District A Petition received from George L. Brandon was noted requesting annexation of uninhabited territory containing 10.566 acres, located on the East side of Murray Avenue between Las Animas Avenue and Leaves 1 ey Road to be known as IIMurray Avenue No. 1 Annexat i on 71-8 to the City of G i 1 ray. II City Administrator Wood noted the location of said territory on the map. The City Attorney presented Ordinance No. 953. Motion was made by Councilman Pate seconded by Councilman Silva that the reading of Ordinance No. 953 be waived and that it be adopted. ORDINANCE NO. 953 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "MURRAY AVENUE NO.1 ANNEXATION 71-8 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 17th day of April, 1972, by the following vote: AYES: COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: BATREZ, STOUT, HUGHAN, GOODR I CH NONE DUFFIN PATE, SILVA AND Resolution No. 1639 Removing said annexation from the Gilroy Rural Fire District was presented. Motion was made by Counc ilman Hughan seconded by Councilman Silva that the reading of Resolution No. 1639 be waived and that it be adopted. RESOLUTION NO. 1639 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 IIMURRAY AVENUE NO.1 ANNEXATION 71-8 TO THE CITY OF GILROY." ' PASSED AND ADOPTED this 17th day April, 1972, by the following vote: -",411 F. Martinez Appeal re: Sign at Marx-Lagiss Jeep Ctr. ....... Plan. Com. Report 4/6/72 P. & R. Com. Report 4-4- 72 ~._'"<''''' Co.Plan.Com. Salary Merit I ncre:ases I ."..d 11,,;,.,__11 Gen. Plan 3339 AYES: COUNCIL MEMBERS: BATREZ, HUGHAN, PATE, SILVA, STOUT AND GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBERS: DUFFIN NOES: ABS ENT: A letter from Frank Martinez was presented appealing the decision of the Planning Commissi on granting a Conditional Use Permit for a Sign at Marx Lagiss Jeep Center at 8575 Monterey Street to allow a free standing sign. City Administrator Wood presented a copy of a letter to Mr. Martinez, from Mr. Harry Marx noting that said sign would not block the business sign of Mr. Martinez. City Administrator Wood noted that Mr. Martinez had withdrawn his appeal regarding said sign. The Report of the Planning Commission Meeting of April 6, 1972, was presented recommending rezoning from "M-211 to IIR_2" on application of Stephen Poli for property located on the east side of F~est Street, 125 feet south of Old Gilroy Street and 100 feet north of Eighth Street, containing 32,100 sq. ft. Motion was made by Councilman Hughan seconded by Councilman Pate and carried that a public hearing date of May 1, 1972, be set for said rezoning request. The Planning Commission Report further recommended rezoning from IIR-l" to IIR_311 on the appl ication of John Roffinella for property located approximately 90 feet south of Lewis Street on the east side of Chestnut Street, containing 15,000. sq. ft. Motion was made by Councilman Pate seoonded by Councilman Hughan and carried that a Public Hearing date of May 1, 1972 be set for said rezoning request. The Report of the Parks and Recreation Commission's Special Meeting of April 4, 1972, was noted recommending approval of the final plans for Northside Park. Mr. Abbey, representing the architect firm of Royston, Beck, Hanamoto and Abbey, addressed the Council and further explained the final plan for Northside Park. Discussion was had in regard to same by Counci 1. Mr. Joe Arellano, 233 Fifth Street, addressed the Council and requested that Hand Ball Courts be included in the first phase of said Plans as originally scheduled; that he and other would provide the labor to install said courts provided the City would furnish the materials for same. Motion was made by Councilman Batrez seconded by Councilman Hughan and carried that the final plans for Northside Park be approved as presented, explained and recommended by the Parks and Recreation Commission and that the HaroBall Courts be added to the plans and specifications as an Alternate and that said plans be reviewed by the City Engineer specifically the electrical and lake bottom aspect of said plans. Supervisor Sig Sanchez introduced Mr. Raymond Benech, County Planning Commissioner, representing South Santa Clara County and re- placing Mr. Stu Fletcher who recently resigned from said Commission. City Administrator Wood recommended Merit Step Salary Increases for the following five (5) employees: Bill Clem, Building Inspector, Range 33 from Step IIDII $979 to Step IIE" $1,028; William Demichelis, Equipment Maintenance Man, Range 31.5 from Step IIDII $910 to Step IIEII $955; LoVanne Gonzales, Clerk-Typist, Range 23.5 from Step IIBII $560 to Step IICII $587; and Joseph Young and Stephen Covington, Firemen, Range 30 from Step IWI $731 to Step "BII $767 to become effective May 1, 1972. Motion was made by Councilman Pate seconded by Councilman Silva and carried that the Salary Merit Increases as presented be approved to become effective May 1, 1972. A Report on a County Meeting in regard to Up-dating the General Plan for the unincorporated area of South Santa Clara County was pre- sented. The Mayor appointed Councilman Pate as representative on said Committee and Councilman Hughan as an Alternate. 3340 Flood Control Uvas Creek Fire Head- quarters Station Tract 5l69A Westwood Ac. Ord. #954 re: Casey 5 t. Ord. #955 re: Zon.Ord. Sec. 32.2 & 33.2 Medi Bus License, T.Lawson re: A Report on a Citizens' Advisory Group Meeting with the Corps of Army Engineers was presented on a Feasibility Study of Additional Flood Control Works along Uvas Creek between Morey Avenue and State Route 101 (Monterey Highway). ~ City Administrator Wood presented a Report on the Fire Head- quarters Station Project requesting a budget amendment to Account 45.2, in the amount of $13,288 which includes an increase over Bonds issued for said project in the amount of $170.11. Motion was made by Councilman Batrez seconded by Councilman Hughan and carried that account 45.2 be amended in the amount of $13,288 as recommended. ..... .. Director of Public Works-City Engineer Henry recommended ap- proval of the final subdivision map of Tract 5169-A, Westwood. Acres. Motion was made by Councilman Pate seconded by Councilman Silva and carried that the final subdivision Map of Tract 5169-A, Westwood Acres, be approved as recommended. ...... Ordlnance No. 954 Vacating and Abandoning all that portion of the most northerly 10 feet of Casey Street, lying between Swanston Lane and to 100 feet easterly of the Southern Pacific Railroad Right of Way was presented. Motion was made by Councilman Hughan seconded by Councilman Silva that the reading of Ordinance No. 954 be waived and that it be adopted. ORDINANCE NO. 954 AN ORDINANCE OF THE CITY OF GILROY VACATING AND ABANDONING ALL THAT PORTION OF 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 17th day of April, 1972, by the following vote: AYES: COUNCIL MEMBERS: BATREZ, HUGHAN, PATE, SILVA, STOUT AND GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBERS: DUFFIN NOES: ABSENT: ~ ... Ordinance No. 955 Amending Sections 32.2 and 33.2 of the Zoning Ordinance to Require a Conditional Use Permit for On-Sale Liquor Es- tabl ishments in Cl and C2 Districts was presented. Motion was made by Councilman Pate seconded by Councilman Silva that the reading of Ordi- nance No. 955 be waived and that it be adopted. ORDINANCE NO. 955 ORDINANCE OF THE CITY OF GILROY AMENDING SECTIONS 32.2 AND 33.2 OF THE ZONING ORDINANCE SO AS TO REQUIRE A CONDITIONAL USE PERMIT FOR ON SALE LIQUOR ESTABLISHMENTS IN Cl and C2 DISTRICT. PASSED AND ADOPTED this 17th day of April, 1972, by the following vote: AYES: COUNCILMEMBERS: BATREZ, HUGHAN, PATE, SILVA, STOUT, and GOODRICH COUNCILMEMBERS: NONE COUNCILMEMBERS: DUFFIN NOES: ABSENT: A request of Mr. Thomas Lawson, Jr., was presented for renewal of the Medi Bus Business License expiring April 20, 1972. Mr. Holdaway, owner of the Gilroy Ambulance Company, addressed the Council and re- quested that said business license of Mr. Thomas Lawson, Jr. be denied renewal. Mr. Lawson addressed the Council and objected to the issuance of a temporary license. .. tIIIIIW Mr. Robert Johnson, president of the Ambulance Association of Santa Clara County, addressed the Council and suggested that the Cit~ allow issuance of an ambulance and medi-bus business license to'operate in the City of Gilroy to provide a stand-by service to the City in the event Gilroy Ambulance Company did not have a vehicle available for service. ... Motion was made by Councilman Hughan seconded by Councilman Pate ... and carried that Mr. Thomas Lawson, Jr. be issued a temporary Medi-Bus License for 60 days to be reviewed at the expiration of same (6-19-72), in order for Council to study the Ambulance Ordinance for consideration of a permanent license. S.B. 400 re: Euthanair Chambers TOPICS Funds lliit''''-'''''.<IIi Gilroy Chamber Budget request ~-'" ....... Prop. #2 re: Schoo 1 Bldg. 3341 A Request of the State Humane Association of California Urging Opposition to S.B. 400, making the use of Euthanair Chambers unlawful was presented and tabled. A letter from the State Division of Highways was noted in regard to re-apportionment of City TOPICS Funds. A Request of the Gilroy Chamber of Commerce for a $5,000 budget allocation for 1972-73 Budget was noted and referred to the Budget Work Sessions. A request bf the Governor of the State of California was noted Urging Support of Proposition #2 for School Buildings. Tessaro A letter from Mr. mission to erect a fence sidewalk set back area. explained his request. by Councilman Silva and to erect said fence. Valente Tessaro was presented requesting per- in front of his property upon City1s one foot Mr. Tessaro addressed the Council and further Motion was made by Councilman Stout seconded carried that Mr. Tessaro be granted permission Fence- V. Trans.Policy Com. Meeting ~,""'" Co. Charter Amendment ",1.."...,;1 Bldg. Codes Res. #1641 - # 1644 The Minutes of the Transportation Policy Committee Meeting of March 8, 1972, were noted. Representative Stout noted a request of said Committee to place Policital signs throughout the City in regard to the transit district measure to be on the June 6, 1972, Election Ballot. The Mayor requested Councilman Stout inform the Transportation Policy Committee to contact Staff in regard to said political signs. Discussion was had in regard to the political signs located throughout the City advertising candidate Gil,lett noting that some were allegedly illegally erected. It was noted by Staff that said Mr. Gillette's Committee had been informed that said political signs could not be placed upon utility poles and could be placed only on private properties if the owner's permission had been obtained. Councilman Stout suggested that Subdividers be required to place a deposit with the City when erecting signs advertising their subdivisions and that said deposit be refunded at the end of a 6 months period only if and when said sign is removed. City Administrator Wood presented a County Charter Amendment IICI1 in regard to Trust Fund for Parks, etc., accompanied by a resolution supporting said amendment. Motion was made by Councilman Pate seconded by Councilman Silva that the reading of Resolution No. 1640 be waived and that it be adopted. RESOLUTION NO. 1640 RESOLUTION OF THE CITY OF GILROY URGING SUP80RT OF MEASURE C, JUNE 6, 1972, ELECTION FOR THE CREATION OF A TRUST FUND FOR THE ACQUISITION AND DEVELOPMENT OF COUNTY PARKS AND RECREATION FACILITIES. PASSED AND ADOPTED this 17th day of April, 1972, by the following vote: AYES: COUNCIL MEMBERS: BATREZ, HUGHAN, PATE, SILVA, AND GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: DUFFIN AND STOUT It was noted that Councilman Stout was absent during the roll call of Resolution No. 1604. A Summary of a Report on Council Committee's Recommendation on Adoption of New Building Codes was noted and further explained by Committee Chairman Hughan. Motion was made by Councilman Hughan seconded by Councilman Silva that the reading of Resolution No. 1641 be waived and that it be adopted. 3342 Bedroom Tax Misc. Storm Drain. Legislation 10th & Mont. Intersection RESOLUTION NO. 1641 RESOLUTION OF THE COUNCIL OF THE CITY OF' GILROY ADOPTING THE UNIFORM BUILDING CODE 1970 EDITION SUBJECT TO MODIFICATIONS AND AMENDMENTS. PASSED AND ADOPTED this 17th day of April, 1972, by the following vote: AYES: COUNCIL MEMBERS: BATREZ, HUGHAN, PATE, SILVA, STOUT and GOODRICH NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: DUFFIN .... - Motion was made by Councilman Hughan second~d by Councilman Silva that the reading of Resolution No. 1642 be waived and that it be adopted. RESOLUTION NO. 1642 MIl RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING THE UNIFORM MECHANICAL CODE 1970 EDITION. PASSED AND ADOPTED this 17th day of April, 1972, by the following vote: AYES: COUNCIL MEMBERS: BATREZ, HUGHAN, PATE, SILVA, STOUT AND GOODRICH NOES: COUNC'I L MEMBERS: None ABSENT: COUNCIL MEMBERS: DUFFIN ... Motion was made by Councilman Hughan seconded by Councilman Silva that the reading of Resolution No. 1643 be waived and that it be adopted. RESOLUTION NO. 1643 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING THE UNIFORM PLUMBING CODE, 1970 EDITION, SUBJECT TO MODIFICATIONS AND AMENDMENTS. PASSED AND ADOPTED this 17th day of April, 1972, by the following vote: AYES: COUNCIL MEMBERS: BATREZ, PATE, HUGHAN, SILVA, STOUT and GOODR I CH NOES: COUNC I L MEMBERS: None ABSENT: COUNCIL MEMBERS: DUFFIN Motion was made by Councilman Hughan seconded by Councilman ... Silva that the reading of Resolution No. 1644 be waived and that it be adopted. ... RESOLUTION NO. 1644 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING THE UNIFORM HOUSING CODE 1970 EDITION. PASSED AND ADOPTED this 17th day of April, 1972, by the following vote: AYES: COUNCIL MEMBERS: BATREZ, HUGHAN, PATE, SILVA, STOUT and GOODRICH NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: DUFFIN RE~OLUTION NO. 1644-A (Omitted in error - see Original Resolution Book) Councilman Hughan recommended that the Parks and Recreation Commission and the Council have the option of requiring subdividers to provide the land or bedroom tax fees rather than leaving said option up to the subdivider as presently provided by Ordinance. Council recommended that said matter be studied by a Committee of three (3) representatives from each Commission (Parks and Recreation & Planning) . and 3 representatives from the Council. The Mayor noted that he would make said appointments on the Council and that the Commissions should also make their appointments. .. Councilman Stout inquired of the storm drain overflow at Way- land Lane and Sherwood Drive. Director of Public Works - City Engineer Henry noted that said matter would be re-checked. ..... Councilman Pate recommended that the City endorse the League of California Cities position on the legislative bills presently before the Legislature. Discussion was had regarding same by Council. Motion was made by Councilman Pate seconded by Councilman Batrez and carried that the City endorse the League of Cal ifornia Cities position on pending legislation. .. ... Director of Public Works-City Engineer Henry reported that the Adj ou rnmen t 3343 State Division of Highways had approved left turn lanes on Monterey Street at the Tenth Street Intersection and that same should be installed in approximately three (3) months. The Mayor apologized for not recognizIng Parks and Recreation Commissioner Matranga, representing said Commission at the last Council Meeting (4-3-72). At 11:07 p.m. the Mayor adjourned the meeting. Respectfully submitted, ~U4~Z;~ ' City Clerk