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Minutes 1963/09/16 -9-+-~O-A3). .;..') a ;Z306- Gilroy, Cal ifornia September 16, 1963 This regular monthly meeting is called to order by His Honor Kenneth L. Petersen at 8:00 p.m. Present: Council Members: Chester R. Eckard, Norman B. Goodrich, Wilford E. Jordan, Everett C. Wentworth, and Kenneth L. Petersen. Absent: Council Members: George T. Duffin and Charles F. Quartiro1i. The Mayor states that this is the time and place for the public hearing on codes referred to in the proposed Zoning Ordinance. The Mayor asks if anyone in the audience wishes to speak for or against the proposal. There is no comment from the audience. Councilman Quartiroli enters and takes his seat at the Council table. Motion by Councilman Goodrich second by Councilman Wentworth and car- ried that this public hearing be closed. The City Attorney presents and reads Resolution No. 784. Motion by Councilman Eckard second by Councilman Wentworth that Resolu- tion No. 784 be adopted. RESOLUTION NO. 784 RESOLUTION OF COUNCIL DETERMINING THAT NOTICE HAS BEEN GIVEN IN ALL PROCEEDINGS NECESSARY FOR THE ADOPTION OF A NEW ZONING ORDINANCE FOR THE CITY OF GILROY WH11CH BY REFERENCE ADOPTS THREE CODES IN SAID ORDINANCE DESCRIBED AND DETERMINING THAT ALL NECESSARY PROCEDURES HAVE BEEN TAKEN FOR THE ADOPTION OF SAID NEW ZONING ORDINANCE. PASSED AND ADOPTED THIS 16th day of September, 1963, by the following vote: AYES: COUNCIL MEMBERS: Eckard,Goodrich,Jordan,Quartiroli ,Wentworth, and Petersen. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: Duffin Motion by Councilman Wentworth second by Councilman Eckard that Ordin- ance No. 711 be adopted. ORDINANCE NO. 711 AN ORDINANCE OF THE CITY OF GILROY, PROVIDING FOR THE ESTABLISHMENT WITHIN SAID CITY OF CERTAIN DISTRICTS WITHIN WHICH THE CLASSES OF BUILDINGS AND STRUCTURES AND THE USES THEREOF ARE LIMITED AND IN WHICH CERTAIN YARDS AND OTHER OPEN SPACES ARE REQUIRED AND CERTAIN OTHER REGULATIONS ARE APPLIED;DEFINING THE TERMS USED HEREIN: PROVIDING FOR THE GRANTING OF ADJUSTMENTS IN THE APPLICATION OF ANY OF THE PROVISIONS HEREOF; PRESCRIBING THE PROCEDURE FOR THE ADMINIS-TRATION AND AMENDMENT HEREOF; PRESCRIBING PENALTIES AND REMEDIES FOR ANY VIOLATIONS OF THE PROVISIONS HEREOF; REPEALING ORDINANCE NO. 422 AND AMENDMENTS THEREOF AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH: ADOPTING BY RE- FERENCE THE FOLLOWING ENUMERATED STANDARDS AND CODES FOR CONTROL AND REGULATION OF NOISE, SMOKE, ODOR AND EMISSIONS RELATED THERETO: (a) "AMERICAN STANDARD SPECIFICATION FOR GENERAL PURPOSE SOUND LEVEL METERS Sl.4-1961, AMERICAN STAN- DARDS ASSOCIATION, INC., NEW YORK, NEW YORK"; I'AMERICAN STANDARDS SPECIFICATION FOR AN OCTAVE BAND FILTER SET FOR THE ANALYSIS OF NOISE AND OTHER SOUNDS, z24.10- 1953, AMERICAN STANDARDS ASSOCIATION, INC., NEW YORK, NEW YORK.II (b) "STANDARD RINGELMANN SMOKE CHART, INFORMATION CIRCULAR 7718, AS ISSUED BY THE UNITED STATES BUREAU OF MINES, AUGUST, 1955"; (c) "0DOR THRESHOLDS IN CHAPTER 13, lAIR POLLUTION ABATEMENT MANUALI, COPYRIGHT 1951 BY MANUFACTURING CHEMISTS ASSOCIA- TION, WASHINGTON, D.C, AND MARKED EXHIBIT B IN SAID MANUAL. II PASSED AND ADOPTED this 16th day of September, 1963, A.D., by the following vote: AYES: COUNCIL MEMBERS: Eckard,Goodrich,Jordan,Quartiroli ,Wentworth, Petersen. None Duffin and NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: A letter from the Chamber of Commerce is read requesting Council con- sideration on the matter of annexing San Martin and certain intervening territory. Mr. John Kent representing the Chamber of Commerce addresses the Council and reports that the Chamber is seeking Council approval for annexing San Martin and authorization to prepare a legal description of the area. He states that the Chamber is wiJling to do the ground work and actual contacts of the property owners in the area. ~ . ~ <'-...- '13.'1.i! c;./~ 0 Mr. Will iam Agler addresses the Council and reports that alot of people are interested in annexing San Martin to Gilroy. Councilman Jordan states that if a plan can be worked out he is for the annexa ti on. Councilman Quartirol i reports that the property owners in the San Martin area should be aware that assessment districts will have to be formed if sewer and water facilities are desired. Discussion is had. Mr. Ed Valencia reports that he cont~cted a number of people in the San Martin area who indicate they are in favor of working with Gilroy provided that sewer and water fac i Ii ti es are ava i I ab I e and cos t es t imates for these fac i lit i es are provided. Discussion is had. It is the Councils' wish that a survey be conducted by the Chamber to see how many people in the area are for annexation. Motion by Councilman Wentworth second by Councilman Jordan and carried that the City Council is in favor of annexing San Martin with the understanding that the Chamber of Commerce will make any and all contacts necessary and that the City Engineer and Administrative Staff will assist in answering questions regarding annexation. The Mayor thanks the Chamber of Commerce and representatives for atten~ ing this meeting. Mr. Roy Westphalinger requests that the City send a letter to Mr. George Archer recently participating in the National Amateur Golf Championship, compli- menting him on his golfing skill and for the resulting good nation-wide publicity of G i I roy. Motion by Councilman Jordan second by Councilman Goodrich and carried that a letter as requested by Roy Westphal inger be forwarded to Mr. George Archer regarding participation in the National Amateur Golf Championship., City Administrator Carr reports that copies of an appraisal of property for the southerly extension of Church Street were sent to each Council Member. Discussion is had. City Administrator Carr states that Mr. Kishimura has agreed to sell the property provided the City install curbs and gutters and provides a sewer con- nection. He asks Mr. Kishimura if he will provide clear title to the property. Mr. Kishimura repl ies that he wi Il. Discussion is had regarding use of the remaining portion of Mr. Kishi- murals property. Motion by Councilman Eckard second by Councilman Goodrich and carried that the necessary papers be prepared for purchase of the Klshimura property. A recommendation of the Director of Public Works is presented and read for acceptance of Improvements In Garden Estates Tract No. 3398. City Administrator Carr presents and reads Resolution No. 785. Motion by Councilman Eckard second by Councilman Wentworth that Resolu- tion No. 785 be adopted. RESOLUTION NO. 785 RESOLUTION ACCEPTING IMPROVEMENTS MADE BY GARDEN ESTATES, TRACT NO. 3398. PASSED AND ADOPTED THIS 16th day of September, 1963, by the following vote: AYES: COUNCIL MEMBERS: Eckard,Goodrich,Jordan,Quartiroli ,Wentworth, and Petersen. NOES: COUNCIL MEMBER~ None ABSENT: COUNCIL MEMBERS: Duffin The City Attorney presents and reads Resolution No. 786. Motion by Councilman Wentworth second by Councilman Eckard that Resolu- tion No. 786 be adopted. RESOLUTION NO. 786 RESOLUTION ACCEPTING CONVEYANCE FROM ROMAN CATHOLIC ARCHBISHOP OF SAN FRANCISCO, A CORPORATION SOLE, OF PROPERTY ACQUIRED FOR FIRE STATION LOCATED ALONG THE WESTERLY SIDE OF WREN AVENUE. PASSED AND ADOPTED this 16th day of September, 1963. AYES: COUNCIL MEMBERS: Eckard,Goodrlch,Jordan,Quartiroli,Wentworth, and Petersen. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Duffin City Administrator Carr reports on the proposal to remove certain obstruc- tl,on5 in the Miller Slough Channel near Busy Bee Restaurant. He states that thl! City is doing everything possible to see that this proposal Is pursued. 2307 City Administrator Carr presents and reads a recommendation of the Direc- tor of Public Works for acceptance of the Church Street construction from Eighth to Tenth Streets and recommends that a progress payment be made. Motion by Councilman Quartiroli second by Councilman Wentworth and carried that a progress payment less 10% retention be made to Granite Construction for construction work on Church Street. City Administrator Carr reports that Section 12.11 of the City Code re- quires a weekly collection of garbage service and that some people have requested a monthly collection of their garbage. Discussion is had. It is the Council IS wish that the cQllection of garbage remain on a weekly basis for all residents. City Administrator Carr requests authorization to proceed with the storm drain ditch at Christmas Hill Park. City Engineer Hanna Jr. presents a proposed design and estimate of $4,500.00 to $5,000.00 for the proposal. Discussion is had. This matter is tabled. No action is taken at this time. City Administrator Carr presents a recommendation from the Director of Public Works for salary increase for Jesus Ramirez, Range 17.3 Step "DII $427.00 to Step "E" $449.00, effective October I, 1963. Motion by Councilman Goodrich second by Councilman Wentworth and carried that Jesus Ramirez be advanced to the next step in his salary range as recommended. Director of Public Works Kludt explains the proposed alternate rates for 1 ighting in Westwood Acres subdivision. Discussion is had. The Council request that a Pacific Gas and Electric Company representa- tive be present at the next Council meeting to explain the rate differential in the alternate lighting systems in subdivisions. The Council request that the proposed master plan for I ighting in the City be pursued. A letter is read from the Sport's Car Racing Association, regarding City traffic control during the races on October 18th, 19th and 20th. It is the Councilsl wish that traffic be controlled during these dates. Water samples taken by the County Health Department are presented and read. All samples are satisfactory. The Mayor states that all Council Members present have received copies of the report of disbursements from August 10th to September 10, 1963; receipts of City Qfficer$; report of the Police Department and Poundmaster; financial report for August 1963; and City Auditor's report from July I, 1963 to August 31, 1963. Motion by Councilman Wentworth second by Councilman Jordan and carried that all reports as presented be accepted. Councilman Wentworth reports that Mr. Art Kelley on Second Street has requested the City to blacktop the corner next to the curb on the South side of his house. Director of Public Works Kludt states that he will contact Mr. Kelley. City Administrator Carr presents a memo from the Director of Publ ic Works requesting a budget amendment for a valve indicator in the amount of $182.50 plus shipping charges, etc. Discussion is had. Motion by Councilman Quartiroli second by Councilman Eckard and carried that the budget be amended in account 41CI in the amount of $182.50 plus shipping charges, etc. for purchase of a valve indicator as requested. Councilman Jordan reports that Mr. Jim Marson, owner of Marson's Restau- ra"t has requested removal of signs diverting traffic around Gilroy after the summer. It is the Councils' wish t~t the Division of Highways be contacted for the sign removal after the Laguna Seca races on October 20th. Councilman Quartirol i requests that the street lighting requirement for future subdivisions be revised. It is the Councils' pol icy that future subdivisions be required to install street 1 ights at a minimum of 250 feet whenever possible. The Mayor states that the committee on the proposed Police and Fire build: ings will view new police and fire buildings in other cities on September 20th and invites all other Council Members to go with the Committee. City Administrator Carr reports that the Justice Court is having a Dedica- tion Program on September 26th at 2:00 p.m. The Mayor reports that he attended a meeting of the Board of Supervisors for formation of an Annexation Commission consisting of members from the 16 cities in Santa Clara County and states that he will accept names suggested by the Coun- cil If they have anyone locally in mind. Motion by Councilman Goodrich second by Councilman Wentworth and carried o <) f.'l 9,' .,;:;,. . J \ \,1 that this Council Meeting adjourn at 10:28 p.m. ) -7 ,. \ '" tJ,,;;!JPtc... City ( ,..___;J ~'2 / c.t'-1/)~) Clerk j