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Minutes 1972/05/15 Roll Ca 11 Minutes Pub.Hear.re: Rezoning R-l to R3 & Cl B. Morton Castlewood Park 72-2 Annex. Ord. #956 3347 Gilroy; Cal ifornia May 15, 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. Present: Council Members: Fred P. Batrez, George T. Duffin, John Hughan, John E. Pate, David V. Stout and Norman B. Goodrich Absent: Council Member: Anthony C. Silva The Minutes of the Regular Council Meeting of May 1, 1972, were approved as mailed and recorded. The Mayor stated that it was the time and place scheduled for a Public Hearing on a Rezoning request of Ben Morton from R-l (Single Family Residence) District on 12+ acres and C-l (Neighborhood Commer- cial) District on 8+ acre~ containing a total of 20+ acres, located at the Northwest corner of Kern Avenue and First Street. Director of Public Works-City Engineer Henry noted that the Petitioner has requested a con- tinuance of said Publ ic Hearing. Discussion was had in regard to same. the man ing Mr. E. H. Duerr, AlA, addressed the petitionerls request fa rcontinuance. Batrez seconded by Councilman Pate and be continued to June 5, 1972. Council and further explained Motion was made by Council- carried that the Public Hear- City Administrator Wood noted receipt of a petition from San Martin Vineyards Co., requesting annexation of Uninhabited Territory containing 12.961 acres, abutting the northerly 1 ine of Castlewood Park Annexation 72-1 to be known as "Castlewood Park Annexation 72-2 to the City of Gilroyll. He further explained the location of said annexation. The City Attorney presented an ordinance annexing said territory to the City of Gilroy. Motion was made by Councilman Pate seconded by Councilman Hughan that the reading of Ordinance No. 956 be waived and that it be adopted. ORDINANCE NO. 956 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE AN~XATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "CASTLEWOOD PARK ANNEXATION 72-2 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 15th day of May, 1972, by the following vote: 3348 Res.#1646 re: Rural Fire D is t. Plan. Com. Report 5/4/72 P & R Com. Report 5/9/72 AYES: COUNCIL MEMBERS: Batrez, Duffin, Hughan, Pate, Stout, and Goodrich COUNCIL MEMBERS: None COUNCIL MEMBERS: Silva ..... NOES: ABSENT: .... Resolution No. 1646 removing said annexation from the Gilroy Rural Fire District was presented. Motion was made by Councilman Hughan seconded by Councilman Duffin that thereading of Resolution No. 1646 be waived and that it be adopted. RESOLUTION NO. 1646 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY WITHDRAWING FROM THE rJ.. GILROY RURAL FIRE DISTRICT TERRLTORY THEREIN RECENTLY ANNEXED TO THE CITY OF GILROY UNDER THE DESIGNATION IICASTLEWOOD PARK ANNEXATION 72-2 TO THE CITY OF GILROY." PASSED AND ADOPTED this 15th day of May, 1972, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Hughan, Pate, Stout, and Goodrich NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Silva The Report of the Planning Commission meeting of May 4, 1972, was presented recommending a rezoning request of Horace Willard from Rl (Single Family Residence) District to C-l (Neighborhood Commercial) District for property located approximately 700 feet east of Morey Avenue on the north side of First Street, containing 3 acres+. Motion was made by Councilman Duffin seconded by Councilman Pate and carried that a public hearing date of June 5, 1972, be set for said rezoning request. The Planning Commission report further recommended a rezoning request of Larry Frisone from M-2 (Light Industrial) District to R-3 (Low Density Multiple Residence) Distrct for property located south .... . of Pierce Street on both sides of Church Street, containing a total of . I 4. 19 acres. ...J Motion was made by Councilman Pate seconded by Councilman Hughan and carried that a public hearing date of June 5, 1972, be set for said rezoning request. The Planning Commission Report further recommended a rezoning request of Carl Bozzo from R-l (Single Family Residence) District to C-l (Neighborhood Commercial) District on 4 acres and P-O (Profes- sional Office) District on 2 acres, for property located on the south side of First Street west of Wren Avenue Extension. Motion was made by Councilman Batrez seconded by Councilman Pate and carried that a public hearing date of June 5, 1972, be set for said rezoning request. The Planning Commission Report further recommended against a rezoning request of Ben Morton from C-2 (General Commercial) District to R-3 (Low Density Multiple Residence) District for property located lIS feet south of Lewis Street on the east side of Railroad Street. Motion was made by Councilman Hughan seconded by Councilman Pate and carried that a public hearing date of June 5, 1972, be set for said rezoning request. .., .... The Report of the Parks and Recreation Commission's Special Meeting of May 9, 1972 was noted recommending proceeding with staged priorities for Northsfde Park. City Administrator Wood gave a report in regard to financing said project, including a new pre-bid cost estimate in regard to the changes for said project. Discussion was had by Council. Motion was made by Councilman Duffin seconded by Councilman Batrez and carried that the City proceed with the priorities for Northside Park authorizing same as recommended by the Commission and City Administrator subject to receipt of the $50,000. committment in writing from HUD. - .... Salary Increase ..'",... Rona Ave.-So. Chestnut St. Proj. 71-1 - ----- , ""'".,Af 3349 City Administrator Wood recommended a Salary Merit Increase for Norma Wiedeman, Junior Clerk Typist, Range 21.5 from Step A, $483, to Step B, $507, to become effective June 1, 1972. Motion was made by Councilman Hughan seconded by Councilman Pate and carried that the Salary Merit Increase for Norma Wiedeman be approved as recommended. City Administrator Wood reported on a proposed Assessment Dis- trict, "Ronan Avenue - South Chestnut Street Project 1971-111 noting that the Board of Supervisors had granted consent to extra territorial jurisdiction to the City for said project. Director of Public Works - City Engineer Henry presented the Engineer's Report for said Assessment District. Mr. Philip D. Assaf, Attorney, addressed the Council and recom- mended approval of the Board of Supervisors granting consent to extra territorial jurisdiction rights. Motion was made by Councilman Pate seconded by Councilman Hughan and carried that the City accept the Board of Supervisors granting consent to the City for extra territorial jurisdiction rights. Mr. Philip D. Assaf, presented Resolutions in regard to formation of said Assessment District. Resolution No. 1647, A Resolution of Preliminary Determination and of Intention, was read. On motion of Councilman Pate seconded by Councilman Duffin and unanimously carried, said Resolutionwas adopted. RESOLUTION No. 1647 A RESOLUTION OF PRELIMINARY DETERMINATION AND OF INTENTION - RONAN AVENUE - SOUTH CHESTNUT STREET - PROJECT NO. 1971-1. PASSED AND ADOPTED this 15th day of May, 1972, by the following vote: AYES: COUNCILMEMBERS: Batrez, Duffin, Hughan, Pate, Stout, and Goodrich COUNCILMEMBERS: None COUNCILMEMBERS: Silva NOES: ABSENT: City Engineer Henry presented his Report consisting of Plans, specifications, maps and descriptions, esti~ate of costs, diagram and assessment. After full discussion and consideration by the Council, the Report was ordered filed. Resolution No. 1468, A Resolution of Preliminary Approval of Engineer's Report, was read. On motion of Councilman Pate seconded by Councilman Duffin and unanimously carried, said Resolution was adopted. RESOLUTION NO. 1648 A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT - RONAN AVENUE - SOUTH CHESTNUT STREET - PROJECT NO. 1971-1. PASSED AND ADOPTED this 15th day of May, 1972, by the following vote: AYES: COUNCILMEMBERS: Batrez, Duffin, Hughan, Pate, Stout, and Goodrich COUNCILMEMBERS: None COUNCILMEMBERS: Silva NOES: ABSENT: Resolution No. 1649, A Resolution Establishing Prevailing Wage Scale, was read. On motion of Councilman Pate seconded by Councilman Duffin and unanimously carried, said Resolution was adopted. RESOLUTION NO. 1649 A RESOLUTION ESTABLISHING PREVAILING WAGE SCALE - RONAN AVENUE - SOUTH CHESTNUT STREET - PROJECT NO. 1971-1. PASSED AND ADOPTED this 15th day of May, 1972, by the following vote: AYES: COUNCILMEMBERS: Batrez, Duffin, Hughan, Pate, Stout, and Goodrich NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Silva 3350 Li brary Site Res. 1653 Resolution No. 1650, A Resolution Appointing Time and Place of Hearing Protests in Relation to Proposed Acquisitions and Improvements, and Directing Notice, was read. On motion of Councilman Pate, seconded by Councilman Duffin and unanimously carried, said Resolution was adopted. .. RESOLUTION NO. 1650 .. A RESOLUTION APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ACQUISITIONS AND IMPROVEMENTS, AND DIRECTING NOTICE - RONAN AVENUE - SOUTH CHESTNUT STREET - PROJECT NO. 1971-1. PASSED AND ADOPTED this 15th day of May, 1972, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Hughan, Pate, Stout, and Goodrich ~ NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Silva ... Resolution No. 1651, A Reso lution Call ing for Sealed Proposals and Fixing Liquidated Damages for Failure to Complete the Work within Time Specified was read. On motion of Councilman Pate, seconded by by Councilman Duffin and unanimously carried, said Resolution was adopted. RESOLUTION NO. 1651 A RESOLUTION CALLING FOR SEALED PROPOSALS AND FIXING LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE THE WORK WITHIN TIME SPECIFIED - RONAN AVENUE SOUTH CHESTNUT STREET - PROJECT NO. 1971-1. PASSED AND ADOPTED this 15th day of May, 1972, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Hughan, Pate, Stout, and Goodrich NOES: COUNC I L MEMBERS: None ABSENT: COUNC I L MEMBERS: S i 1 va Resolution No. 1652, A resolution Describing Proposed Boundaries of Assessment District, Directing Filing of Boundary Map and Assessment Diagram and the Recordation of Notice of Assessment, was read. On motion of Councilman Pate, seconded by Councilman Duffin and unanimously carried, said Resolution was adopted. JlIIIIII .... RESOLUTION NO. 1652 A RESOLUTION DESCRIBING PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT, DIRECTING FILING OF BOUNDARY MAP AND ASSESSMENT DIAGRAM AND THE RECORDA- TION OF NOTICE OF ASSESSMENT - RONAN AVENUE - SOUTH CHESTNUT STREET - PROJECT NO. 1971-1. PASSED AND ADOPTED this 15th day of May, 1972, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Hughan, Pate, Stout, and Goodrich NOES: COUNC I L MEMBERS: None ABSENT: COUNCIL MEM3ERS: Silva City Administrator Wood requested authorization to Proceed with Action in Eminent Domain to acquire four (4) parcels of land requIred for the new Library Site. He noted that he has a verbal agreement in regard to one (I) parcel and that possibly may come to terms with two (2) addi- tional parcels; however, it appears, at this time, a court action will be necessary to acquire the fourth parcel. The City Attorney presented and read the title of Resolution No. 1653 authorizing the City to Proceed with Action in Eminent Domain to acquire four (4) parcels of land required for the new library site. Motion was made by Councilman Duffin seconded by Councilman Hughan that the reading of Resolution No. 1653 be waived and that it be adopted. ... ... RESOLUTION NO. 1653 A RESOLUTION DETERMINING AND DECLARING THAT THE PUBLIC INTEREST, CON- VENIENCE AND NECESSITY OF THE CITY OF GILROY REQUIRE THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A PUBLIC LIBRARY WITH NECESSARY PARKING AND APPURTENANCES THERETO ON THE PARCELS OF LAND HEREINAFTER DESCRIBED, ALL WITHIN THE CITY OF GILROY, COUNTY OF SANTA CLARA, STATE OF CALIFORN IA; AND THAT THE PUBLI C INTEREST, CONVEN I ENCE AND NECESS I TY DEMAND THE ACQU 1-' SITION OF CERTAIN REAL PROPERTY TO BE USED BY THE CITY FOR THE CONSTRUC- TION OF SAID PUBLIC LIBRARY WITH NECESSARY PARKING AND APPURTENANCES I THERETO WITHIN THE AREA AFORESAID; AND DECLARING THE INTENTION OF THE CITY OF GILROY TO ACQUIRE SAID PROPERTY UNDER EMINENT DOMAIN PROCEEDINGS, 11III .. Iitrlro.;;-.f 3351 AND DIRECTING THE CITY ATTORNEY OF THE CITY OF GILROY TO COMMENCE AN ACTION IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF SANTA CLARA, FOR THE PURPOSE OF ACQUIRING SAID REAL PROPERTY. PASSED AND ADOPTED this 15th day of May, 1972, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Hughan, Pate, Stnut, and Goodrich COUNCIL MEMBERS: None COUNCIL MEMBERS: Silva NOES: ABSENT: ~-- Ambulance Ord. A Report on the Cityls Ambulance Ordinance was presented noting that it was not necessary to amend said ordinance in regard to clarifi- cation of what constituted a IIContinuous Runll for an ambulance. The City Attorney further explained same. ......... Budget Study Meet i ng N. Church St. Paving Water Usage TOPICS Funds Res.#1654 /)&_,- -il ~,..... Ord. #957 re: Rezoning Rl to R3,Chestnut St. I\O'--~-"'~ "."""'4 Ord. #958 re: Rezoning Forest St. M-2 to R-2 ......,.,. ... City Administrator Wood requested scheduling of Council Work Study Meetings on the 1972-73 Preliminary Budget. Council agreed to scheduling said meetings to begin with Monday, May 22, 23, 25, and 26 if necessary to complete said study. A Report on North Church Street Pavement Patching Work was presented and discussed. A Report on Water Usage was presented and discussed. Director of Public Works - City Engineer Henry presented a Resolution requesting TOPICS Funds for 1971-72 and 1972-73 Fiscal Years. Motion was made by Councilman Pate seconded by Councilman Batrez that the reading of Resolution No. 1654 be waived and that it be adopted. RESOLUTION NO. 1654 RESOLUTION OF INTENT TO OBLIGATE TOPICS APPORTIONMENTS FOR FISCAL YEARS 1971-1972 AND 1972-1973. PASSED AND ADOPTED this 15th day of May, 1972, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Hughan, Pate, Stout, and Goodrich COUNCIL MEMBERS: None COUNCIL MEMBERS: Silva NOES: ABSENT: Ordinance No. 957 Amending the Zoning Ordinance Rezoning a 15,000 sq. ft. parcel on the east side of Chestnut.Street approximately 90 feet south of Lewis Street from R-l to R-3 District was presented by the City Attorney. Motion was made by Councilman Pate seconded by Councilman Hughan that the reading of Ordinance No. 957 be waived and that it be adopted. ORDINANCE NO. 957 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING A 15,000 SQUARE FOOT PARCEL, MORE OR LESS, ON THE EAST SIDE OF CHESTNUT STREET APPROXIMATELY 90 FEET SOUTH OF LEWIS STREET FROM R-l DISTRICT TO $3 DISTRICT. PASSED AND ADOPTED THIS 15th day of May, 1972, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Hughan, Pate, Stout, and ,Goodrich COUNCIL MEMBERS: None COUNCIL MEMBERS: Silva NOES: ABSENT: Ordinance No. 958 Amending the Zoning Ordinance Rezoning a 32,100 sq. ft. parcel on the east side of Forest Street 100 feet north of Eighth Street from M-2 to R-2 District was presented by the City Attorney. Motion was made by Councilman Batrez seconded by Councilman Hughan that the reading of Ordinance No. 958 be waived and that it be adopted. 3352 ORDINANCE NO. 958 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING A 32,100 SQUARE FOOT PARCEL, MORE OR LESS, ON THE EAST .. SIDE OF FOREST STREET 100 FEET NORTH OF EIGHTH STREET FROM M-2 DISTRICT TO R-2 DISTRICT. .. PASSED AND ADOPTED this 15th day of May, 1972, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Hughan, Pate, Stout and Goodrich NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Silva ..... Intra. Ord. re: The City Attorney presented and explained an ordinance amending Morey Ave. as Section 15.43 of the City Code Eliminating Eigleberry Street from Third ... thru St. & Street to Fifth Street as a through street and designating Morey Avenue 4-way stop @ from First Street to north City Limits as a through street. It was noted 3rd & Eigle- that the previous ordinance introduced at the last Council Meeting that berry designated Morey Avenue as a through street not be adopted; the ordinance presented at this meeting would replace same; and that Resolution No. 1645 designating a 4-way stop in all directions at Eiglberry and Fourth Street would not become effective until the ordinance that was just introduced becomes effective. Motion was made by Councilman Pate seconded by Councilman Hughan and carried that the ordinance eliminating Eigleberry Street from Third Street to Fifth Street to North City Limits as a through street be introduced, the reading waived and that it be published by title and summary. Ord. #959 re: Cap. Outlay Reo.Fund The City Attorney presented and explained an ordinance amending Section 22.17 of the City Code to amend Capital Outlay Recreation Fund Tax Rates. Discussion was had in regard to same. Motion was made by Councilman Hughan seconded by Councilman Pate that the reading of Ordinance No. 959 be waived and that it be adopted. ORDINANCE NO. 959 AN ORDI,NANCE AMENDING SECTION 22.17 OF THE CITY CODE OF THE CITY OF GILROY SO AS TO AMEND CAPITAL OUTLAY RECREATION FUND TAX RATES. PASSED AND ADOPTED this 15th day of May, 1972, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Hughan, Pate, and Goodrich NOES: COUNCIL MEMBERS: Stout ABSENT: COUNCIL MEMBERS: Silva .. .. Air Pollution A request from the City of San Mateo seeking opposition to Regulation 2, Air Pollution Control District, was noted and ordered fi led. Co. Library Brd. A request from the County Board of Supervisors for a recommenda- tion for appointment to the County Library Board was noted. Council re- quested that the Board of Supervisors be notified that the City does not have a nomination for said appointment. Human Relations A Request of the County Board of Supervisors was presented in Commission regard to the Formation of a Commission on Human Relations. Councilman Batrez recommended that said matter be tabled to the next Council Meeting in order for additional time to study same. Septic System Kern Ave. Trans. Pol icy Com. Mee t. 4/1 2/ 72 Plan. Po 1 icy Com. Meet. 4/27/72 A request from Mr. W. B. Starritt was presented for approval of a Septic System on Kern Avenue outside the City Limits. Discussion was had in regard to same. Motion was made by Councilman Stout seconded by Councilman Duffin and carried that said request be denied for endorsement of a Septic System on Kern Avenue. ... ... The Minutes of the Transportation Policy Committee Meeting of April 12, 1972, were noted. .. The Mini Minutes of Santa Clara County Planning Policy Committee Meeting of April 27, 1972, were noted. .. Finance Letter Elks-City Gov't Nite ....',...M Ca 1 if. P & R Society -.- League Leg. Bulletin Golf Course Reservoir S.P. Beauti- fica t i on Xmas Hill Park Activities "'"""'" N. Chestnut St. County-wide Competency Card PUD 3353 The Municipal Financing Letter of Stone & Youngberg was noted. An invitation to the Gilroy Elks IICity Government Appreciation Nightll, May 24, 1972, was noted and Council requested that the Budget Study sessions not be scheduled for said date. An invitation to the California Parks and Recreation Society and City of Sunnyval Luncheon Program and Park Tour, May 25, 1972, was noted. The League of California Cities' Legislative Bulletin, dated May 11, 1972, was noted. Motion was made by Councilman Pate seconded by Councilman Hughan and carried that the City support the League's position on said legislative bills. Councilman Duffin reported in regard to the Golf Course Committee studying the matter of disposition of the reservoir, at the Golf Course, noting that said Committee has not, at this date, met with the Golf Course Directors in regard to same. Councilman Hughan recommended that the Southern Pacific Company be contacted requesting beautification of the Southern Pacific site as was one in Watsonville. The City Administrator was requested to in- vestigate same. Councilman Duffin noted complaints received in regard to drinking in the vicinity of' the softball area at Christmas Hill Park and inquired why the Concession Stand had been closed. Director of Parks and Recreation Ayer noted that the Concession Stand had been closed due to a Health Department matter and noted. that he recognized the drinking problem at the softball area of ChrIst- mas Hill Park. Council suggested that a patrol car police the area occasionally and that possibly an auxiliary policeman be assigned to the area when a large crowd is anticipated. Councilman Stout noted vandalism, trespassing, and crop damage on the farm property abutting North Chestnut Street past the Gilroy Apartments. Director of Public Works - City Engineer Henry noted that they have investigated same with one of the affected owners. City Administrator Wood presented a request of the County for a county-wide competency card for Journeymen Electricians. Discussion was had in regard to same. Council was opposed to same. Councilman Pate noted concern in regard to Planned Unit Develop- ments and requested a meeting with the Planning Commission for a general discussion on up-dating the General Plan. Council tentatively set May 30, 1972, at 8:00 p.m. for said work meeting. The Mayor recognized the Commission representatives present in the audience. ~... Inter-City Council The Inter-City Council Meeting of June 1, 1972, was noted and Council requested Staff notify them of the location of same when notice is rece i ved. Adjourned At 10:18 p.m., the Mayor adjourned the meeting. Respectfully submitted, / ((~ O)21/{J a~ ft d' \ ~ I City Clerk