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Minutes 1973/05/07 3460 Roll Ca 11 Consent Calendar Intro. new. employee Consent Calendar Minutes Ord. #980 S. Chestnut St. Annex. 73-1 Ord. #981 S.Chestnut St. Annex. 73-4 Gilroy, California May 7, 1973 The Regular Meeting of the Gilroy City C uncil was called to order by His Honor Mayor Norman B. Goodrich at 8:00 p.m. Present: Council Members: Dennis L. DeBell, George T. Duffin, John Hughan, John E. Pate, Anthony C. Silva, David V. Stout and Norman B. Goodrich. Councilman Stout requested that Item G of the Consent Calendar regarding a request of the Weight Watchers' of Northern California be removed from the consent calendar. 1 Councilman Stout requested copies of the Zoning Ordinance sections affected and the proposed change for said sections under Item F of the Consent Calendar. ~ The Mayor introduced new employee, Steven R. Brem, Police Trainee. Motion was made by Councilman Hughan seconded by Councilman Pate that the following items under the Consent Calendar be approved (excluding item G). Passed and adopted by the following Roll Call Vote: Ayes: Council Members DeBell, Duffin, Hughan, Pate, Silva, Stout and Goodrich. Consent Calendar Items: Minutes of the April 17, 1973, Regular Counci 1 Meeting; Adopted Ordinance No. 980 Annexing 1.214 acres of city-owned property to be known as "South Chestnut Street Annexation 73-1 to the City of Gilroy'1 which is an extension of Chestnut Street from Tenth Street to Banes Lane. ORDINANCE NO. 980 .......t AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERE~O OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS lIS0UTH CHESTNUT STREET ANNEXATION 73-1 TO THE CITY OF GILROY" AND FOR THE INCORPORATION OF SUCH ANNEXED TERRI- TORY IN AND AS A PART OF SUCH MUNICIPALITY FOR THE GOVERNMENT AND MUNICIPAL CONTROL THEREOF. PASSED AND ADOPTED this 7th day of May, 1973, by the following vote: AYES: COUNCIL MEMBERS: DeBell, Duffin, Hughan, Pate, Silva, Stout and Goodrich COUNCIL MEMBERS: None COUNCIL MEMBERS: None NOES: ABSENT: Adopted Ordinance No. 981 annexing .387 acres of city-owned property to be known as "South Chestnut Street Annexation 73-4 to the City of Gilroy" whichis an extension of Chestnut Street from Banes Lane to Princevalle Storm Drain at the northerly end of existing Chestnut Street Extensi on. ORDINANCE NO. 981 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRI- TORY DES I GNATED AS 11S0UTH CHESTNUT STREET ANNEXATION 73-4 TO THE CITY l- , OF GILROY" AND FOR THE INCORPORATION OF SUCH ANNEXED TERRITORY IN AND AS A PART OF SUCH MUNICIPALITY FOR THE GOVERNMENT AND MUNICIPAL CON- . ~ TROL THEREOF. . PASSED AND ADOPTED this 7th day of May, 1973, by the following vote: AYES: COUNCIL MEMBERS: DeBell, Duffin, Hughan, Pate, Silva, Stout and Goodrich. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Res. #1734 Removing S. Chestnut St. Annex. 73-1 from Fire D i st. "",... , ..... Res. #1735 Removing S. Chestnut St. Annex. 73-4 Pub.Hear. re: Zoning Ord. """.. 3461 Adopted Resolution No. 1734 removing "South Chestnut Street Annexation 73-1" from the Gilroy Rural Fire District. RESOLUTION NO. 1734 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 "S0UTH CHESTNUT STREET ANNEXATION 73-1 TO THE CITY OF GILROY.II PASSED AND ADOPT~D this 7th day of May, 1973, by the following votes: AYES: COUNCIL MEMBERS: DeBell, Duffin, Hughan, Pate, Silva, Stout and Goodrich COUNCIL MEMBERS: None COUNCIL MEMBERS: None NOES: ABSENT: Adopted Resolution No. 1735 removing "South Chestnut Street 73-4" from the Gilroy Rural Fire District. RESOLUTION NO. 1735 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 ON "S0UTH CHESTNUT STREET ANNEXA- T I ON 73-4 TO THE CITY OF GILROY." PASSED AND ADOPTED this 7th day of May, 1973, by the following vote: AYES: COUNCIL MEMBERS: DeBell, Duffin, Hughan, Pate, Silva, Stout, and Goodrich COUNCIL MEMBERS: None COUNCIL MEMBERS: None NOES: ABSENT: Set May 21, 1973, as a public hearing date on the Planning Commissionls recommendation to amend Sections 40,41,42, and 43 of the Zoning Ordinance. Weight Watchers Councilman Stout noted that he was not in favor of the request Month of Weight Watchers' of Northern California for a city proclamation designating June as Weight Watchers Month. Motion was made by Council- man Stout to table said request. The motion died for lack of a second. Motion was made by Councilman Pate seconded by Councilman Duffin and carried that the Mayor be authorized to proclaim the month of June as Weight Watchers' Month. Councilman Stout voted "no" on the motion. ..... Annual Bids re: Water Meters "... i Giminez Annes. 73-3, Ord. #982 ... Purchasing Agent Reinsch reported on the annual bids for water meters recommending that same be awarded to Badger Meter Mfg. Co. in the amount of $16,526.50. Mr. D. R. Ell is, representative of Hersey Products Co., ad- dressed the Council and further explained his product. Motion was made by Councilman Duffin seconded by Councilman Silva and carried that the annual bid for water meters re awarded to Badger Meter Mfg. Co. in the amount of $16,526.50. Purchasing Agent Reinsch reported that there were between 300 - 500 Hersey water meters in the cityls water system at the present time. A petition from Julia and Peter Gimenez was noted requesting annexation of 0.425 acres of Uninhabited Territory to be known as ~Gimenez Annexation 73-3 to the City of Gilrol', located on the South side of Sixth Street, westerly to and adjacent to South Valley Freeway. Motion was made by Councilman Pate seconded by Councilman Silva that the reading of Ordinance No. 982 be waived and that it be adopted. ORDINANCE NO. 982 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "GIMENEZ ANNEXATION 73-3 TO THE CITY OF GILROY" IN AND AS A PART OF SUCH MUNICIPALITY FOR THE GOVERNMENT AND MUNICIPAL CONTROL TH EREOF. 3462 PASSED AND ADOPTED this 7th day of May, 1973, by the folbwing vote: AYES: COUNCIL MEMBERS: DeBell, Duffin, Hughan, Pate, Silva, Stout and Goodrich NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Res. #1736 Motion was made by Councilman Hughan seconded by Councilman Duffin that the reading of Resolution No. 1736 be waived removing "Gimenez Annexa- tion 73-3 to the City of Gilroy" from the Gilroy Rural Fire District. RESOLUTION NO. 1736 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 "GIMENEZ ANNEXATION 73-3 TO THE CITY OF GILROY." PASSED AND ADOPTED this 7th day of May, 1973, by the following vote: AYES: COUNCIL MEMBERS: DeBell, Duffin, Hughan, Pate, Silva, Stout, and Goodrich NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ~ I ......, Murray Ave. Annex. 73-2 Ord. #983 A petition from Thomas S. Castle was noted requesting annexa- tion of 2.95 acres of uninhabited territory to be known as "Murray Avenue Annexation 73-2 to the City of Gilro~' located on the east side of Murray Avenue between Leavesley Road and Las Animas Avenue. Motion was made by Councilman Hughan seconded by Councilman Duffin that the reading of Ordinance No. 983 be waIved and that it be adopted. ORDINANCE NO. 983 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 ANNEXATION NO. 73-2 TO THE CITY OF GILRO~' IN AND AS A PART OF SUCH MUNICIPALITY FOR THE GOVERN- MENT AND MUNICIPAL CONTROL THEREOF. PASSED AND ADOPTED this 7th day of May, 1973, by the following vote: AYES: COUNCIL MEMBERS: DeBell, Duffin, Hughan, Pate, Silva, Stout and Goodrich NOES: COUNC I L MEMB ERS: None ABSENT: COUNCIL MEMBERS: None ~ ~ Res. #1737 Motion was made by Councilman Pate seconded by Councilman Silva that the reading of Resolution No. 1737 be waived removing "Murray Avenue Annexation 73-2 to the City of Gilroy" from the Gi.lroy Rural Fire District. RESOLUTION NO. 1737 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 "MURRAY AVENUE ANNEXATION 73-2 TO THE CITY OF GILROY. II PASSED AND ADOPTED this 7th day of May, 1973, by the following vote: AYES: COUNCIL MEMBERS: DeBell, Duffin, Hughan, Pate, Silva, Stout and Goodri dl, NOES: COUNC I L MEMBERS: None ABSENT: CGUNCIL MEMBERS: None ,~ ~ I Land Dev. Ref. Council noted the following referrals of the Santa Clara ...... County Planning Department on Land Development matters. Minor Land Divisions: Applicants, (a) R. P. Graves;(b) Zubow Realty; (c) M.J. Filice, Jr.; (d) W. V. Redmond; (e) D. Davisson; (f) & (g) F. D. Damschen; (h) J. R. Garcia; and (i) Zubow. Exemption Request: J. R. Garcia, applicant. Motion was made by Councilman Stout seconded by ~ Councilman Pate and carried that the County be notified of the City's concern of those properties adjacent to Uvas Creek and driveway approaches off of State Highway 152. Monterey St. Ma i n t. ABAG re: State Budget ",... S.C.Co. Plan. Pol icy Com. ~ ALUC Meetings Reti rement Dinner-G. Farrier Legislative Institute Plan. Com. Report 4/19/73 Plan. Com. Report 4/J9itj3 ... .... Lib. & Cult. Meet. 4/3/73 P. & R. Com. Report 4/16/73 ",... Mon th 1 y Reports .... Disbursements Res. #1738-State Brd. Annex. Filing Fees 3463 A letter from the State Division of Highways was noted in regard to future maintenance of Monterey Street. Council referred same to the Downtown Merchants' Committee and the Planning Commission, prior to Council action on same. , A request of ABAG in regard to urging State Budget surplus be used for Parks and Open Space was presented, Council filed said request, The Minutes of the Santa Clara County Planning Policy Committee meetings of February 8, 1973, and February 22, 1973, were noted, The minutes of the Santa Clara County Airport Land Use Commission meetings of February 8, 1973, and March 15, 1973, were noted. An announcement of a retirement dinner for County Librarian, George T. Farrier, on May 18, 1973, was noted. The Mayors' and Councilmen's Legislative Institute scheduled for May 14-16, 1973, was noted. The Report of the Planning Commission meeting of April 19, 1973, was noted. The Report of the Planning Commission meeting of May 3, 1973, was noted. Planning Assistant Lefaver further explained the request of the Gilroy Unified School Board for city participation in a study on the future growth of Gilroy. Motion was made by Councilman Pate seconded by Councilman Hughan and carried that Staff be authorized to proceed with participating with the Gilroy Unified School Board in a study on the future growth of Gilroy. The Minutes of the Library and Culture Commission April 3, 1973, meeting were noted. The Report of the Parks and Recreation Commission meeting of April 16, 1973, was noted. Discussion was had in regard to the proposed HUD Grant to be used to construct 3 tennis courts and handball courts at Northside Park. Motion was made by Councilman Pate semnded by Councilman Silva and carried that the Parks and Recreation Commission recommendation for a$46,000 HUD grant to be used to construct 3 tennis courts and handball courts at Morthside Park be approved subject to final approval of said grant. Motion was made by Councilman Duffin seconded by Councilman Silva and carried that the umpire wages be increased as presented and recommended. Council was in accord with the proposal of architects Garfinkle and Kimura for the planning of Eastside Park; however, tabled approval of same to await receipt of the grant approval for said project. The Summary of Monthly Reports of March, 1973, were noted. The Report of Disbursements from April l~ 1973, through April 30, 1973, were noted, The City Attorney presented and explained Resolution No. 1738 regarding State Board of Equalization Fees for Filing of Annexations. Motion was made by Councilman Pate seconded by Councilman Silva that the reading of Resolution No. 1738 be waived and that it be adopted. 3464 Physical Fit- n e s s S ta t u s Report Li brary Project 5 Yr. Capital Imp. Prog. Freeway Signing Library Proj. Northside Park Res. #1739 re: Amended Assmt #5 - S. Chestnut Ex tn. Proj RESOLUTION NO. 1738 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 7th day of May, 1973, by the following vote: AYES: COUNCIL MEMBERS: DeBell, Duffin, Hughan, Pate, Silva, Stout, and Goodrich COUNCIL MEMBERS: None COUN~IL MEMBERS: None NOES: ABSENT: A Status Report from the Police Chief regarding the Physical Fitness Program was noted. ~ City Administrator Wood requested authorization to purchase the Spencer Apartments on Hanna Street for the Library Project in the amount of $72,500. Motion was made by Councilman Silva seconded by Councilman Pate and carried that the City Administrator be authorized to acquire the property on Hanna Street as recommended in the amount of $72,500. ....... The revised 5-Year Capital Improvement Program was presented. Councilman Duffin requested Staff to investigate the possibility of utillzing the Golf Course property for a proposed rifle range. Dis- cussion was also had in regard to the street patter adjoining the proposed site for El Roble Park. Motion was made by Councilman Pate seconded by Councilman Duffin and carried that the Five-Year Capital Improvement Program as revised be approved. City Administrator Wood requested authorization to advise the State of the City's desire to have business district directional signs along the new freeway, Route 101. Motion was made by Council- man Hughan seconded by Councilman Pate and carried that the City Administrator be authorized to advise the State of the City's desire to have business district direction signs along the new freeway, Rou te 101. ~ ..""J City Administrator Wood, requested authorization to sell sur- plus buildings within the new library site. Motion was made by Council- man Duffin seoonded by Councilman Silva and carried that the City Administrator be authorized to sell surplus buildings within the new library site as requested. Director of Parks and Recreation Ayer requested approval of Change Orders for Northside Park in the amount of $5,434 for walkway and header boards. Motion was made by Councilman Pate seconded by Councilman Duffin and carried that the Change Orders requested be approved and accepted as recommended. Director of Public Works-City Engineer Henry recommended Making of Amended Assessment No. 5 of the South Chestnut Street Exten- sion Project 1967-1 Assessment District. Motion was made by Council- man Duffin seconded by Councilman Pate that the reading of Resolution No. 1739 be waived and that it be adopted setting June 4, 1973, as a public hearing on same. RESOLUTION NO. 1739 IIIIIIIlI A RESOLUTION DIRECTING MAKING OF AMENDED ASSESSMENT RE: CERTAIN ASSESS- MENTS UNDER RESOLUTION NO. 110 OF PRELIMINARY DETERMINATION AND OF ~ INTENTION - SOUTH CHESTNUT STREET EXTENSION PROJECT NO. 1967-1 CITY OF GILROY - ASSESSMENT NO.5. PASSED AND ADOPTED this 7th day of May, 1973, by the following vote: AYES: COUNCIL MEMBERS: DeBell Duffin, Hughan, Pate, Silva, Stout and Goodrich NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Res. #1740 re: Amended Assmt #8 - Ronan Ave.- S.Chestnut Proj. 71-1 /"""" ...., Dev. Agree. Granite Rock Plan. Com. Appt1mt Bonanza Days .... ... Annex. Director of Public Works-City Engineer Henry recommended iJ4{)~ Making of Amended Assessment No. 8 of~e Ronan Avenue - South Chestnut Street Extension Project 1971-1 Assessment District. Motion was made by Councilman Hughan seconded by Councilman Silva that the reading of Resolution No. 1740 be waived and that it be adopted setting June 4, 1973, as a public hearing on same. RESOLUTION NO. 1740 A RESOLUTION DIRECTING MAKING OF AMENDED ASSESSMENT RE: CERTAIN ASSESS- MENTS UNDER RESOLUTION NO. 1647 OF PRELIMINARY DETERMINATION AND OF INTENTION - RONAN AVENUE - SOUTH CHESTNUT STREET PROJECT NO. 1971-1 - CITY OF GILROY - ASSESSMENT No.8, PASSED AND ADOPTED this 7th day of May, 1973, by the following vote: AYES: COUNC.IL MEMBERS: DeBell, Duffin, Hughan, Pate, Silva, Stout and Goodrich COUNCIL MEMBERS: None COUNCIL MEMBERS: None NOES: ABSENT: re: Director of Public Works-City Engineer Henry presented and ex- plained a Development Agreement of Granit Rock. Motion was made by Councilman Hughan seconded by Councilman Duffin and carried that the Development Agreement of Granite Rock be approved as presented. The Mayor presented the name of Marion T. Link to fill the unexpired term of Dennis DeBell (1-1-75) on the Planning Commission. Councilman Duffin suggested the name of Thomas G. White. Council cast written ballots for the commissioner of their choice. The Mayor recommended the name of Thomas G. White as Planning Commissioner to fill said unexpired term. Motion was made by Councilman Duffin seconded by Councilman Pate and carried that Dr. Thomas G. White be appointed Planning Commissioner (1-1-75). Councilman Hughan reported that the signing of the Proclamation regarding Bonanza Days bas been tentatively set for June 11, 1973. Councilman DeBell requested that Council receive vicinity maps for future annexations. Land Dev. Ref. Council requested that Staff forward copies of County Referrals regarding Land Development Matters to the Planning Commission for informational purposes, prior to Council action if time permitted or following Council action on same if time did not permit same. Committees The Mayor appointed Councilman DeBell to Council Committees previously represented by Councilman Batrez. Sidewalks - 3rd Councilman Stout reported that the sidewalks on Third Street between Santa between Santa Theresa Drive and Santa Barbara Drive are not being Theresa & San- kept clear by the contractors in the area. ta Barbara Animal Control ,.... .... Bonanza Days Implementation S tu dy . Councilman Stout complained about the Countyls Animal Control Officers method of requiring property owners to participate in catching stray cats. City Administrator Wood presented a request from the Bonanza Days' Committee requesting permission to conduct their annual parade on June 16, 1973, use of Christmas Hill Park for the annual barbecue June 17, 1973, permits for concessions, and street decorations. Council had no objection to said request but indicated that Christmas Hill Park would be open to the public but the large barbecue area and amphi- theatre could be reserved for said event. City Administrator Wood reported that there would be a meeting seheduled on May 11,1973, at 2:30 p.m. in Morgan Hill at the Unified School District - Administrative Offices, Board Room on the Implementa- tion Study for a Planning Grant. T 346t3ry Club Auct i on A-I Auto Wrecking Telephone Co. Parki ng on' City Lot Go 1 dsm i th Seed donation Adjournment . City Administrator Wood presented a request of the Rotary Club to waive their annual auction license fee. Council denied same. City Administrator Wood presented a request of A-I Auto Wrecking for extension of their dismantling operation at 6400 Monterey Street. Motion was made by Councilman Stout seconded by Councilman Duffin and carried that the request be denied. City Administrator Wooa noted that the City has been allowing the telephone company to park their vehicles in the first aisle at the east end of the parking lot between Fourth and Fifth Streets, without enforcing the time limit. Motion was made by Councilman Stout seconded by Councilman Silva and carried that this procedure be approved to allow the telephone company vehicles to continue using the first aisle of parking without time limit enforcement until the foundation excavation abutting the alley is back-filled. Parks and Recreation Director noted that Goldsmith Seed Company had donated approximately 6,000 plants for use by the City. Council requested the City Administrator to write a letter of appre- ciation for same. At 10:43 p.m., the Mayor adjourned the meeting. Respectfully submitted, --::>h~ / Jc. """L.~ y City Clerk rJjZt- N- iii.' ~ .... )-,