Minutes 1973/10/01
_H
3500
Roll Ca 11
Res. #1764 re:
Sgt. Dan
Lemos
October 1, 1973
Gilroy, California
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: Dennis L. DeBell, George T. Duffin,
John Hughan, Anthony C. Silva, David V. Stout, and Norman B. Goodrich.
The City Attorney presented and read Resolution No. 1764 in
Memory of Police Sergeant Daniel J. Lemos. Motion was made by
Councilman Stout seconded by Councilman Silva that Resolution No.
1764 be adopted.
RESOLUTION NO. 1764
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTED IN MEMORY OF
SERGEANT DANIEL J. LEMOS OF THE GILROY POLICE DEPARTMENT.
WHEREAS, DANIEL J. LEMOS, a valued officer of the Gilroy Police
Department, died on the eighth day of September, 1973; and
WHEREAS, said DANIEL J. LEMOS served in that Department from
October 17, 1945, to August 21, 1973; and
WHEREAS, while serving in that Department performed his duties
with diligence, skill, understanding, and compassion for his fellow
manr and as a conscientious member of the law enforcement profession
was continually striving to improve himself and the Department; and
WHEREAS, said DAN.LEMOS served his country as a member of the
U. S. Army during the Second World War for a period of four years; and
WHEREAS, this Council believes the passing of one of its valued
officials, who has served both the City and his Country so well, should
not be permitted to go unnoticed, but merits a perpetual memorial in
the records of this City;
NOW, THEREFORE, BE IT RESOLVED that by the death of DAN LEMOS,
the City of Gilroy has lost a valued employee, citizen, and friend who
will be missed by his fellow employees and friends and acquaintances;
BE IT FURTHER RESOLVED that this Resolution be entered upon the
minutes of this session of the Council, that a copy thereof be delivered
to the surviving wife and family of DAN LEMOS to whom the Council, in
behalf of itself and the citizens of Gilroy, express their deep sorrow
and sympathy.
PASSED AND ADOPTED this 1st day of October, 1973, by the following
vote:
"....
.......
Intro. new
employee
Consent
Calendar
Minutes
March of
Dimes
Pub. Hear. re:
Sec. 68.10(i)
......
Pub.Hear. re:
Rezoning
10.5 ac.-
10th S t.
~
....,
3501
AYES:
CO~NCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, SILVA, STOUT,
and GOODRICH
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
NOES:
ABSENT:
APPROVED: Isl NORMAN B. GOODRICH, Mayor
ATTEST: Isl SUSANNE E. STEINMETZ, City Clerk
The Mayor presented the Resolution and retirement badge to Mrs.
Lemos, surviving widow.
The Mayor introduced new employee, Harold E. Jones, Police
Patrolman.
Motion was made by Councilman Pate seconded by Councilman Hughan
that the following items under the Consent Calendar be approved. 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 September 17, 1973,
Regular Meeting;
Approved March of Dimes request for waiver of solicitation permit
for January. 1974 Fund Raising Campaign.
The Mayor stated that it was the time and place scheduled for
a public hearing on the proposal of the Planning Commission to amend
Section 68.10(i) of the Zoning Ordinance. Planning Assistant Lefaver
explained said proposal. The City Attorney suggested that the last
sentence of the proposal lithe area of the free-standing sign shall be
included in the maximum area allowed under Section 68.10(b)1I be added
to the second sentence of the proposal following 1175 square feetll and
that the remaining last sentence be corrected to: IIAll decisions under
this section may be appealed.1I The Mayor asked if there was anyone
in the audience wishing to speak for or against the proposal. There
was no comment from anyone in the audience. Motion was made by Coun-
cilman Hughan seconded by Councilman Pate and carried that the public
hearing be closed. Discussion was had on the proposal by Council.
Motion was made by Councilman Duffin seconded by Councilman Pate and
carried that the ordinance be introduced, reading waived, and that it
be publ ished by title and summary.
The Mayor stated that it was the time and place scheduled for
a public hearing on the proposal of the Planning Commission to extend
C2 (General Commercial) District zoning for 3 more years 10.5 acres of
property undeveloped for more than 3 years, located approximately 650'
south of Tenth Street on the west side of Monterey Street. Planning
Assistant Lefaver explained the proposal. The Mayor asked if there
was anyone in the audience wishing to speak for or against the proposal.
There was no comment from anyone in the audience. Motion was made by
Councilman Duffin seconded by Councilman Silva and carried that the
Public Hearing be closed. Discussion was had by Council on the matter.
Motion was made by Councilman Stout seconded by Councilman Silva that
the reading of Resolution No. 1765 be waived and that it be adopted
concurring with the Planning Commission's decision.
RESOLUTION NO. 1765
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DENYING THE PROPOSED
REZONING ON MOTION OF THE PLANNING COMMISSION OF 10.5 ACRES UNDEVELOPED
FOR MORE THAN THREE YEARS LOCATED 650 FEET SOUTH OF TENTH STREET ON
THE WEST SIDE OF MONTEREY STREET FROM IIC211 DISTRICT TO IIRI11 DISTRICT.
PASSED AND ADOPTED this 1st day of October, 1973, by the following vote:
AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, PATE, SILVA, STOUT and GOODRICH
NOES: COUNC I L MEMBERS: HUGHAN
ABSENT: COUNCIL MEMBERS: None
Motion was made by Councilman Pate seconded by Councilman Hughan
and carried that the Planning Commission berequest~dtto study this par-
ticular area as to how far commercial zoning is proposed for South Monterey
Street.
3502
Petition re:
3rd St.
traff i c
Prop. #1
11/6/73
Res. #1766
NASA Week
City of
Petaluma
Suit
Mid-Peninsula
Reg. Pk. Dist.
Downtown
Beautifi-
cation Proj.
Legislative
Bulletin
Downtown
Traff i c
The Mayor noted receipt of a petition from 30 local residents
in the vicinity of Third Street from Santa Barbara Drive east to El
Roble School area requesting additional traffic control facilities at
said location.
The Mayor also noted the Police Chief's Report in regard to same.
.
Mr. Lawrence Benoit, 1090 Third Street, and Bob Voorhees, 1193
Ortega Circle, addressed the Council in regard to said problem. Dis-
cussion was had by Council on the matter. Council instructed the Dir-
ector of Public Works-City Engineer to have a center 1 ine painted on
Third Street in the area from Westwood Drive to Miller Avenue; ~d further,
to have a double center line painted on Third Street where sai d street is
quite narrow in width.
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........
Mr. Stephen Millton, representing Santa Clara County Residents
Against Proposaition One on the November 6, 1973, Ballot, addressed
the Council and further explained his opposition to Proposition One.
Discussion was had in regard to same by Council. Council decided to
take no action on the matter as they did not want to influence voters
regarding ballot propositions.
Re~lution No. 1766 Commending NASA on its Fifteenth Birthday,
proclaiming October 1-6, 1973, as IINASA Weekll, requested by the City of
Mountain View, was presented. Motion was made by Councilman Duffin
seconded by Councilman Silva that the reading of Resolution No. 1766 be
waived and that it be adopted.
RESOLUTION NO. 1766
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY COMMENDING NASA
ON ITS FIFTEENTH BIRTHDAY.
PASSED AND ADOPTED this 1st day of October, 1973, by the following vote:
AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, SILVA, STOU~,
and GOODR I CH
NOES: COUNC I L MEMBERS: None ~
ABSENT: COUNCIL MEMBERS: None
......J
A request of the City of Petaluma for financial support under
suit challenging their growth plan was presented. Motion was made by
Councilman Stout seconded by Councilman Duffin that the request be
tabled. Councilman Pate suggested that the City support the City of
Peta1uma and contribute to them in the interest of both protecting
and clarifying legal rights. Council Members Hughan and Pate voted
Ilnoll on the motion. Motion was carried.
A letter from Mid-Peninsula Regional Park District was noted in
regard to amendments of the Recreational and Historical Facil ities Bond
Act Allocations Resolutions. Council tabled action on same to the
next regular Council Meeting in order to clarify same regarding addi-
tional proposed changes.
A letter from the State Department of Transportation in re: to
Downtown Beautification Project was noted. Council requested the Ctty
Administrator to arrange a meeting with their representatives and invite
the interested local merchants committee to same. Council agreed to
an afternoon meeting, if possible.
...
A League of California Cities Legislative Bulletin, dated
September 17, 1973, was noted and a further explanation and recommenda-
tions presented by City Administrator Wood. Councilman Stout requested
that future League Bulletins regarding Legislation be forwarded to Coun-
cil upon receipt of same in order to allow additional time to study same.
The City Attorney concurred with the City Administrator's recommendations.
Motion was made by Councilman Hughan seconded by Councilman DeBell and
carried that the City Administrator's recommendation in regard to the
pending legislation be accepted and further requested that the local
legislators be notified of said action of the Council.
-
A letter from the Department of Transportation in regard to Phasing
Downtown Traffic Signals, Right & U Turns was noted. Council decided to
discuss same with the State Representatives at their meeting in regard to
the Downtown Beautification Project'
Co. Land Dev.
Referrals
S.C.Co. Plan.
Pol. Com.
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3503
The following Santa Clara County Referrals of Planning and
Development Matters regarding Minor Land Divisions were noted: a) Mr.
Chas. Kelly, #23S73.24; b, c, & d) Mr. R. Garcia, #22S73.47, #23S73.25,
& #23S73.26. Council inquired of their previous request of the County
regarding sewage and road patterns. City Administrator Wood noted that
he had received no reply in regard to same as of this date. Council
noted no objection to the Minor Land Division referrals.
The Minutes of the Santa Clara County Planning Policy Committee
Meeting of August 23, 1973, were noted.
.......
S.C.Co. Airport The Minutes of the Santa Clara County Airport Land Use Commission
Land Use Com. Meeting of August 23, 1973, were noted.
Finance Letter
Legislative
Bills
Annexations
..'
Freeway
Signing
Natural
Resources
..
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...........
A Stone & Youngberg Financing Letter No. 44, September 14, 1973,
was noted.
A letter from Senator Alquist in regard to several pending bills
was noted.
A letter from Senator Bradley in regard to several pending bills
was noted.
A letter from LAFCO in regard to Impact of large annexations
affecting Transit District Operations was noted.
A letter from the Depar1rnent of Transportation in regard to
Freeway Signing was noted.
...
A letter from the Department of Justice in regard to assistance
to cities in significant litigation to protect natural resources was
noted.
An invitation from the Gilroy Chamber of Commerce to a meeting
October 9, 1973, to hear local, state and county officials was noted..
Environmental An announcement of a course in environmental impact reporting
Impact Reports and\evaluation was noted.
Plan. Com.
Report
9/20/73
P & R Com.
Report
9118/73
,,-
Personnel
Com. Meet.
9/26/73
....
Lib. & Cult.
Com. Meet.
9/4/73
The Report of the Planning Commission Meeting of September 20,
1973, was noted. Motion was made by Councilman Pate seconded by Coun-
ci lman DeBell and carried that the street name of IIBrem Lanell be ap-
proved. Council referred the street name of IILas Animas Parkll back
to the Planning Commission as it was noted by Staff that previous in-
tentions of the Council was to name said street I'Ramona Wayll when said
street was extended.
The Minutes of the Parks and Recreation Commission meeting were
noted.
The Report of the Personnel Commission Meeting of September 26,
1973, was noted.
.Motion was made by Councilman Silva se~dded by Councilman Stout
and carried that the recommendation to establish a new classification
of '~astewater Treatment Aid~' at Range 28, $705-$853, be approved.
Motion was made by Councilman Pate seconded by Councilman Hughan and
carried that the recommended change of the classification of IIEngineer
Traineell to IIEngineering Aidell at Range 29, $738 to $897 be approved.
The Minutes of the Library and Culture Commission Meeting of
September 4, 1973, were noted.
3504
Mon th 1 y
Reports
Disbursements
Industrial
Sewage Chgs.
S. Chestnut St.
Truck Route
Res. #1767
Promot i on
Scenic Preser-
vation Com-
bining Dist.
A-I Auto
Wrecking
Bikeways Plan
Tierra Linda
Subdivision
Wes tddge
Condominiums
The Summary of Monthly .Reports of August, 1973, was noted.
The Report of Disbursements from September 1, 1973, to and includ-
ing September 30, 1973, was noted and discussed.
A report on proposal to revised resolution on Industrial Sewage
Charges was noted. Council tabled adoption of the proposed resolution
to the next regular Council Meeting in order to allow time for the
Industrial plants to review said resolution.
A report of the Chief of Police in regard to Truck Traffic
complaints on the wast side of the community and a re~lution adding
South Chestnut Street as a truck route was presented and discussed.
Motion was made by Councilman Duffin seconded by Councilman Silva and
carried that the reading of Resolution No. 1767 be waived and that it
be adopted.
.....
--
RESOLUTION NO. 1767
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DESIGNATING AND DESCRIB-
ING TRUCK TRAFFIC ROUTES WITHIN THE CITY.
PASSED AND ADOPTED this 1st day of October, 1973, by the following vote:
AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, SILVA, SlUUT,
and GOODRICH
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
NOES:
ABSENT:
A recommendation to promote Jesse Dimas from Utility Man I to
Utility Man II, at Range 25, Step IIE!I, $738 to Range 27, Step D, $774,
was presented. Motion was made by Councilman Hughan seconded by Council-
man Silva and carried that Mr. Jesse Dimas be promoted from Utility
Man I to Utility Man I I as recommended.
IIIIllil
An additional report on Scenic Preservation Combining District
and, specifically, the Sign Provision therein was presented. Discus-
sion was had on the matter. Motion was made by Councilman Stout seconded
by CounciJman Hughan and carried that the City rescind their previous
action to reconsider same after obtaining additional information from
the County.
.....i
A report on a business license violation of A-I Auto Wrecking
was presented. Motion was made by Councilman Duffin seconded by Council-
man Silva and carried that a hearing be set for October 15, 1973, in
regard to said license violation.
A report and request for adoption of a bicycle pathway plan was
presented. Director of Parks and Recreation Ayer further explained the
proposed plan. Motion was made by Councilman Pate seconded by Council-
man DeBell and carried that the City of Gilroy Bikeways Plan as presented
be adopted.
Director of Public Works-City Engineer Hansen recommended approval
of the Plans and Development Agreement for Tierra Linija Subdivision,
Tract #5272. Motion was made by Councilman Pate seconded by Councilman
Silva and carried that the Plans and Development Agreement for Tierra
Linda Subdivision Tract #5272 be approved and that the execution of
said agreement and signing of the map be authorized subject to receipt
of the Development Fees as presented and corrected.
~
-
Director of Public Works-City Engineer Hansen presented the
maps of IIWwstridge Condominiumsll in which Council previously approved
the P.U.D. for said development, but no records indicated that the
maps for same had been approved. Motion was made by Councilman Pate
seconded by Councilman Stout and carried that the Tentative Map of
Westrdige Condominiums be approved as recommended. Motion was made by
Councilman Pate seconded by Councilman Silva and carried that the final
map of Westridge Condominiums be approved as recommended.
Uniform Codes
Res. #1768,
1 769 & 1 770
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Res. #1771
Ronan Ave.-
S.Chestnut
71-1
--
Census
....
Inter-City
Counc i 1
Adjournment
3505
The Uniform Building, Mechanical and Plumbing Codes were pre-
sented for adoption. Motion was made by Councilman Pate seconded
by Councilman Silva that the reading of Resolution No. 1168 adopting
the Uniform Building Code be waived and that it be adopted.
RESOLUTION NO. 1768
RESOLUT I ON OF THE C.OUNC I L OF THE CITY OF GILROY ADOPT I NG THE UN I FORM
BUILDING CODE, 1973 EDITION.
PASSED AND ADOPTED this 1st day of October, 1973, by the following vote:
AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, SILVA, STOUT
and GOODRICH
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Motion was made by Councilman Pate seconded by Councilman Silva
that the reading of Resolution No. 1769 adopting the Uniform Mechanical
Code be waived and that it be adopted.
RESOLUTION NO. 1769
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING THE UNIFORM
MECHANICAL CODE, 1973 EDITION.
PASSED AND ADOPTED this 1st day of October, 1973, by the following vote:
AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, SILVA, STOUT
and GOODRICH
NOES: COUNC I L MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Motion was made by Councilman Pate seconded by Councilman Silva
that the reading of Resolution No. 1770 adopting the Uniform Plumbing
Code be waived and that it be adopted.
RESOLUTION NO. 1770
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING THE UNIFORM
PLUMBING CODE, 1973 EDITION.
PASSED AND ADOPTED this 1st day of October, 1973, by the following vote:
AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, SILVA, STOUT
and GOODRICH
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Director of Public Works-City Engineer Hansen recommended accept-
ing the improvements for IIRonan Avenue-South Chestnut Street Improvement
Project 1971-1.1' Motion was made by Counci lman Pate seconded by Counci 1-
man Stout that the reading of Resolution No. 1771 be waived and that it
be adopted.
RESOLUTION NO. 1771
A RESOLUTION ACCEPTING COMPLETION AND DIRECTING ENGINEER TO FILE NOTICE
OF COMPLETION - RONAN AVENUE - SOUTH CHESTNUT STREET PROJECT NO. 1971-1 -
CITY OF GILROY.
PASSED AND ADOPTED this 1st day of October, 1973, by the following vote:
AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, SILVA, STOUT,
and GOODRICH
NOES: COUNC I L MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Assistant City Administrator Reinsch presented an Agreement with
the State Department of Finance for the October 1, 1973, population
estimate. Motion was made by Councilman ~ughan seconded by Councilman
Silva and carried that the Agreement for the population estimate with the
State Department of Finance be approved and that the Mayor and City
Administrator be authorized to execute same on behalf of the City.
Assistant City Administrator Reinsch noted that the City had an
option to increase the tax rate by 8~.
The Inter-City Council Meeting of October 4, 1973, was noted.
Council Members Pate, Duffin and Goodrich requested reservations for same.
At 10:42 p.m., the Mayor adjourned the meeting.
Respect~ly sUbmit'~, ~
~h~/1//VI/J,,~;Y V~~ur.b~