Minutes 1973/10/15
3506
Roll Call
Intro. new
Emp.
Consent
Calendar
Minutes
Ord. #998 re:
Sec. 68. 19 ( i)
Zone Ord.
Pub. Hear. re:
Abandoned
Vehicles
Res. re: Ind.
Sewer Rates
Pub.Hear.re:
A-I Auto
Wrecking
October 15, 1973
Gilroy, California
The Regular Meeting of the Gilroy City Council was called to
order by His Honor Mayor Norman B. Goodrich at 8:03 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.
The Mayor declared a moment of silence in memory of retired
Councilman Carl W. Pate.
IlIIIlIlI!
The Mayor introduced new employee, Norman L. Hurne, Building
Inspector.
.....,
City Administrator Wood requested removing Item II~I from the
Consent Calendar in order to discuss same with an Industrial Plant
Representative.
Motion was made by Councilman Hughan seconded by Councilman
Silva that the following items under the Consent Calendar, excluding
Item IICII, be approved. Passed and adopted by the following Roll Call
Vote: Ayes: Council Members DeBell, Duffin, Hughan, Pate, Silva,
Stout, and Goal rich.
Consent Calendar Items: Minutes of the October 1, 1973, Regular
Council Meeting;
Adopted Ordinance No. 998 Amending Section 68.10(i) of the
Zoning Ordinance re: Free Standing Signs.
ORDINANCE NO. 998
ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 68.10(i) OF THE
ZONING ORDINANCE RELATING TO FREE-STANDING SIGNS.
PASSED AND ADOPTED this 15th day of October, 1973, by the following
vote:
AYES:
.1.
~
COUNCIL MEMBERS:
DeBELL, DUFFIN, HUGHAN,
and GOODRICH
None
None
PATE, SILVA, STOUT
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Set November 5, 1973, as a Public Hearing per Section 15.117 of
the City Code to abate abandoned vehicle on property of Masaru & Doris
Kunimura, 7361 Carmel Street, registered owner - Vernon Jack Swiger,
163 E. Elva, Idaho Falls, Idaho.
Discussed and heard from Mr. Warren Blakley, representing
Gilroy Foods, Inc., in regard to the proposed resolution on lndustrial
Sewerage Penalty Rates. Tabled action on same to the next regular
Council Meeting.
The Mayor stated that it was the time and place scheduled for
a publ ic hearing on the business 1 icense violation of A-I Auto Wrecking.
Heard from Mr. Frank Robinson, owner, in regard to same. Mr. Robinson
noted that he is attempting to relocate his present business which
would require Planning Commission approval of a Conditional Use Permit.
Discussion was had in regard to the matter. Motion was made by Council- ~
man Silva seconded by Councilman Pate and carried that the Public Hear-
ing be closed. Discussion was had by Council in regard to said business ...
license violation of dismantling vehicles which is not permitted under
his present business license. Motion was made by Councilman Hughan
seconded by Councilman Silva and carried that a 90-day extension be
granted Mr.'.Robinson to continue his business operations at his present
location, noting that no dismantling of vehicles at said location would
be permitted at anytime; that if dismantling occurred at anytime, said
A-I Auto Wrecking business license would be revoked.
City Utility
Paying
Station
S.C.Co.
Referrals
""..
~
Club OK re-
location
S.C.Co. Air-
port Land
Use Com.
S. C. Co.
Trans. Com.
Plan. Com.
Report
10/4/73
",..-
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Res. #1772 re:
Census
Freeway
,........
.....
Mid-Peninsula
Park Dist.
3507
Noted a request of Plaza Rexall Drug to collect city utility bills
at their business location at 747 First Street. Motion was made by
Councilman Stout seconded by Councilman Duffin and carried that Plaza
Rexall Drug be authorized to -collect city utility bills as requested.
The following Santa Clara County Referrals of Planning and Develop-
ment matters were noted and no objection to same: a) J. E. Johnson,
Minor Land Division, File No. 22S73.51; b) E. Scalmanini, Minor Land
Division, #22S73.26; c) W. O. Burch, Exemption, #23S73.27; and d) R. G.
Rodrigues, et ux, Special Permit (Mobile Home), #22SP73.4.
A request of Andy Nebesnick and Richard Rosario was presented
for relocation of IIC1ub OKII Card Room at 7377 Monterey Street to 7450
Monterey Street. Motion was made by Councilman Hughan seconded by
Councilman Duffin and carried that said request be referred to the
Police and Fire Departments for a report to Council on same. Council
also requested the City Administrator to determine if the Merchants'
Association objected to this proposed relocation.
The Mini Minutes of the Santa Clara County Airport Land Use
Commission Meeting of September 27, 1973, were noted.
The Mini Minutes of the Santa Clara County Transportation Com-
mission Meeting of September 12, 1973, were noted.
The Report of the Planning Commission Meeting of October 4, 1973,
was noted. Discussion was had on the remmmendation of naming the exten-
sion of Ramona Way. Following a report from the Police Chief and Fire
Chief in regard to the City's numbering system and a report from the
Parks and Recreation Director in regard to Ramona Way as shown on the
General Plan, motion was made by Councilman Stout seconded by Councilman
Pate and carried that said matter be :referred to the Street Naming Com-
mittee, the Police, Fire, and Parks Departments.
Motion was made by Councilman Hughan seconded by Councilman Pate
that the reading of Resolution No. 1772 be waived authorizing the Mayor
and City Administrator to sign the agreement for the Estimated Census
and that it be adopted.
RESOLUTION NO. 1772
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING EXECUTION
OF AGREEMENT WITH STATE DEPARTMENT OF FINANCE RELATING TO POPULATION
ESTIMATE.
PASSED AND ADOPTED this 15th day of October, 1973, by the following vote:
AYES: COUNCIL MEMBERS: DeBeLL, DUFFIN, HUGHAN, PATE, SILVA, STOUT,
and GOODR I CH
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
NOES:
ABSENT:
City Administrator Wood presented a report on an effort to acceler-
ate the construction of the Freeway Route 101, between Cochran and Ford
Roads. The Mayor noted that he, Councilman Duffin, and City Administrator
Wood are planning to attend a meeting before the Highway Commission on
October 17, 1973, in Sacramento in regard to same if any of the other
Councilmembers wish to attend.
An additional report on Mid-Peninsula Park District was noted re:
Amendments of the Recreation and Historical Faci 1 ities Bond Act Alloca-
tions Resolution noting that same be continued to await the amended Reso-
lution of the County.
Ord.re: 6.1 The City Attorney presented a proposed ordinance amending Sec. 6.1
Dangerous Bldg.of the City Code re: Uniform Code for Abatement of Dangerous Buildings
& Hous. Codes and Uniform Housing Code. Motion was made by Councilman Hughan seconded
\ by Councilman Silva and carried that the reading of the ordinance be
'0? waived and that it be published by title and summary.
3508
Ord. #999 re:
Sales & Use
Tax
Res. #1773
Sales &
Use Tax
Sign Ord.
Scenic Pres.
Comb. Dist.
The City Attorney presented a proposed Ordinance amending
Chapter 22, Article I I of the City Code re: to Sales and Use Taxes
(Bradley-Burns) to Conform to State Amendments of the Revenue and Taxa-
tion Code, recommending deleting Sections I, IV, and IX and renumbering
said ordinance accordingly. Motion was made by Councilman Pate seconded
by Councilman Silva that the reading of Ordinance No. 999 be waived and
that it be adopted deleting Sections I, IV, and IX as recommended by the
City Attorney.
ORDINANCE NO. 999
AN ORDINANCE OF THE CITY OF GILROY AMENDING CHAPTER 22, ARTICLE II OF
THE GILROY CITY CODE RELATING TO SALES AND USE TAXES.
PASSED AND ADOPTED this 15th day of October, 1973, by the following vote:
AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, SILVA, STOUT
and GOODRICH
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
IlIIIlIlI!
-
NOES:
ABSENT:
re: The City Attorney presented Resolution No. 1773 authorizing the
City Administrator to execute a new agreement for State administration
of local Sales and U~e Taxes. Motion was made by Councilman Pate
seconded by Councilman Hughan that the reading of Resolution No. 1773
00 waived and that it be adopted.
RESOLUTION NO. 1773
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING EXE-
CUTION OF AGREEMENT WITH STATE BOARD OF EQUALIZATION FOR STATE ADMINI-
STRATION OF LOCAL SALES AND USE TAX.
PASSED AND ADOPTED this 15th day of October, 1973, by the following vote:
AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, SILVA, STOUT
and GOODRICH
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
NOES:
ABSENT:
The Mayor tabled the information from the Local Merchants'
Committee re: Proposal to Amend the Sign Ordinance in order for Council
to have time to study said proposal received at this meeting from Mr.
Greg Miller, attorney, representing the local merchants.
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........
The Staff Report on the Sign Ordinance was noted and also tabled
to the next regular Council Meeting.
Mr. Duane Ellwood, representing the County Planning Department;
addressed the Council and presm ted additional information in regard to
establishing a 12 sq. ft. maximum sign area in the County.s Scenic
Preservation Combining District re: Section 30-3.3. Discussion was had
on the matter.
Councilman Pate proposed that the City not object to the 12 sq.
ft. but object to the application of the ordinance particularly within
the city limits of Gilroy and express concern about the application of
this zone and where it should be applied and particularly not within
the City of Gilroy.
The City Attorney suggested that if applied in rural areas for
preservation purposes but not apply to city commercial areas within
the City; that if in the City in undeveloped area$ the City should view
same. He also suggested that the 12 sq. ft. maximum could be approved
if applied in undeveloped scenic rural county areas. ~
Motion was made by Councilman Pate seconded by Councilman Hughan ~
to notify the County that the City has no objection to the 12 sq. ft.
maximum sign area but does have much concern about the application of
scenic preservation combining district in designated commercial areas
and particularly within already established or future areas already in
the City. Motion was not voted upon.
Discussion was had in regard to supporting said ordinance in un-
developed scenic areas and in accordance with the City.s General Plan.
,.,...
--
We1burn Ave.
& Church St.
Hecker Pass-
Morey Ave.
73-7 Annex.
Fireworks
3509
Motion was made by Councilman Pate seconded by Councilman Silva
and carried that the City supports the 12 sq. foot maximum area in the
County's Scenic Preservation Combining District as long as the applica-
tion of this ordinance is only within undeveloped scenic areas. Council-
man Stout voted Ilnoll on the motion.
Discussion was had in regard to Official Plan Lines on Church
Street and We1burn Avenue.
Councilman Silva noted trucks loaded with tomatoes parked for
four or five days at the end of South Chestnut Street.
City Administrator Wood presented a proposed annexation of 10.25
acres of property belonging to Savin D. Calabrese to be filed with LAFCO
to be named IIHecker Pass-Morey 73-7 Annexation.'1 Counci 1 had no objection
to same.
The Mayor noted a request of the Inter-City Council in regard to
allowing fireworks or prohibiting the use of same throughout the County.
Council tabled same at the request of the Fire Chief in order to allow
time to obtain statistics of the cost of fire suppression and injuries
sustained from the use of fireworks prior to action on same. It was
noted that all licensees and suppliers would be notified of the date
of Council discussion on same.
The Mayor killed an unidentifiable bug.
Heating & Air- City Administrator Wood presented the following bids for installa-
Condition Unit-tion of a new Heating and Air-Conditioning Unit for the City Hall Build-
City Hall ing: Larkin Sheet Metal - $2,157.00 and Nob Hill Heating & Sheet Metal
$3,370.00. Motion was made by Councilman Pate seconded by Councilman
..-- Silva and carried that the bid be awarded to Larkin Sheet Metal in the
amount of $2,157.00 and that the 1973-74 Budget be amended to include
....., same.
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Adjournment
At 10:11 p.m., the Mayor adjourned the meeting.
Respectfully submitted,
42tJMZnu(; ~~
,~ City Clerk' .
. -)