Minutes 1973/12/03
Roll Call
.....
.......
Intro. new
employees
Consent
Calendar
Minutes
Res. #1778 re:
Weed Abate.
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......
Campfire
Girls
Fire Dept.
Vehicle
Pub. Hear. re:
Weed Abate.
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.....
Res. #1779
3521
December 3, 1973
Gilroy, California
The Regular Meeting of the Gilroy City Council was called to
order by His Honor Mayor Norman B. Goodrich at 8:01 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 introduced new employees, Kabine Mara, Wastewater
Treatment Plant Aide and Gary DeLorenzo, Engineering Aide.
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 November 19, 1973, Regular
Council Meeting;
Adopted Resolution No. 1778 Declaring Weeds to be a Public Nuisance,
Describing Same, Providing for Publication Thereof, and Sett' ing December
17, 1973, as a Public Hearing for Objection to Proposed Destruction or
Removal of said Weeds;
RESOLUTION NO. 1778
RESOLUTION OF COUNCIL OF THE CITY OF GILROY DECLARING CERTAIN WEEDS
GROWING IN THE CITY OF GILROY TO BE A PUBLIC NUISANCE, DESCRIBING WEEDS
WHICH CONSTITUTE SUCH NUISANCE, AND PROVIDING FOR GIVING NOTICE OF THE
ADOPTION OF THE RESOLUTION BY PUBLICATION THEREOF.
PASSED AND ADOPTED this 3rd day of December, 1973, by the following vote:
AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, SILVA, STOUT
and GOODRICH
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None;
NOES:
ABSENT:
Approved request of Santa Clara County Council of Camp Fire Girls
for Waiver of the City's Solicitation Permit for Door-to-Door Sales from
Janwary 25, 1974 through February 13, 1974.
Noted Report on Bids received November 27, 1973, for Triple Com-
bination 1250 GPM Pumper. Further explained by Fire Chief Brittain.
Discussion was had on the matter. Motion was made by Councilman Hughan
seconded by, Counci lman Pate and carr i ed that the bid be awarded to Van
Pelt Fire Trucks, Oakda1e, in the amount of $36,937 excluding sales tax.
The Mayor stated that it was the time and place scheduled for a
Public Hearing to Confirm the Report of the Fire Chief re: Weed Abatement.
He asked if there was anyone in the audience wishing to speak for or
against the report. There was no comment from anyone in the audience.
Motion was made by Councilman Hughan seconded by Councilman Duffin and
carried that the Public Hearing be closed. The report of the Fire Chief
was noted. Motion was made by Councilman Duffin seconded by Councilman
Silva that the reading of Resolution No. 1779 Confirming the Report and
Providing for Special Assessments be waived and that it be adopted.
RESOLUTION NO. 1779
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CONFIRMING THE REPORT
OF THE CHIEF OF THE FIRE DEPARTMENT SETTING FORTH THE DESCRIPTION OF
PROPERTY, THE OWNERS THEREOF, AND THE COST OF ABATING THE NUISANCE
CAUSED BY THE GROWING OF WEEDS AND ACCUMULATION OF REFUSE IN THE CITY
OF GILROY, AND PROVIDING THAT SUCH COSTS SHALL CONSTITUTE ASSESSMENTS
AGAINST THE RESPECTIVE OWNERS OF LAND.
PASSED AND ADOPTED this 3rd day of December, 1973, by the following vote:
AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, SILVA, STOUT
and GOODRICH
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
3522
Pub. Hear.
Prezoning,
L. Wi liard
Club OK Relo-
ca t ion
Downtown
Renewal
State Sol id
Waste Manag.
So.Valley
Disposal
City Rep. Brd.
of Super1rs.
re: The Mayor stated that it was the time and place scheduled for a
Public Hearing on a Prezoning request of Larry Willard upon annexation
of 9.15 acres to R-l and 1.1 acres to R-3 located approximately 700 feet
north of First Street on the west side of Morey Avenue. Planning Assis-
tant Lefaver explained the prezoning proposal. Discussion was had in re-
gard to the emergency right of way access road proposed to be dedicated
to the City for fire, emergency, etc. purposes. The Mayor asked if there
was anyone in the audience wishing to speak for or against the prezoning
r eques t.
Mr. Wi 11 iam K. Henry, Jr., representi.ng the Engineering Fi rm of
Garcia & Henry addressed the Council and further explained that the
Tentative Map of the proposed subdivision had been approved by the Plan-
ning Commission prior to the City's request for dedication of property
for the emergency access road. Discussion was had on the matter.
.....
........
Mr. W. J. Hanna, adjacent property owner to proposed subidivi-
sion, addressed the Council and noted that he did not object to the
proposed subdivision plan without the emergency access road. Motion
was made by Councilman Hughan seconded by Councilman Duffin and carried
that the Public Hearing be closed.
Further discussion was had in regard to including the proposed
emergency access road on the final map vs. eliminating same, from
said final map.
Motion was made by Councilman Stout seconded by Councilman Duf-
fin and carried that the reading of the proposed ordinance prezoning
said property be waived and that it be introduced and published by title
and summary. The Mayor requested that any changes in the Tentative Map
of the proposed deve 1 Qpmen t be presen ted to Counci 1.
A request of Andy Nebesnick and Richard Rosario was presented
for relocation the Club OK Card Room from 7377 Monterey Street to 7371
Monterey Street. Chief of Police Laizure noted that there was no police
problem in regard to the proposed relocation of the Club OK Card Room
operation. Motion was made by Councilman Pate seconded by Councilman
Silva and carried that the Club OK Card Room be allowed to relocate to
7371 Monterey Street. It was noted by Staff that prior to said reloca-
tion, Building Department and Police Administration approval would be
required.
.......
"'"'H,.
Mr. Hugo Viola, 8205 Wren Avenue, representing Cable TV of
Salinas, addressed the Council and requested permission to conduct inter-
views of City officials, etc., in regard to the Downtown Renewal Project.
Council had no objection to same.
A letter from the State Solid Waste Management Board was noted,
accompanied by Tentative Planning Guidelines for the Development of
Solid Waste Management Plans for comment, and Schedule of Meetings for
November, 1973.
Refuse Noted request of South Valley Refuse Disposal, Inc. to transfer
interest in their company. Motion was made by Councilman Hughan seconded
by Councilman Silva that the request of South Valley Refuse Disposal, Inc.
to transfer interest be approved, providing that the agreement with South
Valley Refuse Disposal is changed to allow same.
........
The Mayor appointed Councilman Stout as City Representative to
the Board of Supervisors meeting of December 12, 1973, in regard to.
signs.
~i,~
Co. Plan. & Land The following referrals of Planning and Land Development Matters
Dev. Referrals from the County were noted: a) J. R. Garcia, Minor Land Division, File
#24S73.54, b) J. R. Garica, Minor Land Division, #24S73.20, c) Kaiser
Aetna, Subdivision, #25S73.3; d) P. Koz10ff, Mobile Home Permit, #24SP73.2.
Council recommended that the septic tank proposed for the Minor
Land Division on Redwood Retreat (J. R. Garcia) be located so as not to
drain into the Little Arthur Creek, and recommended that adequate turn-
off measures be provided for the Route 152 traffic in the proposed Kaiser
Aetna Subdivision.
S.C.Co. Flood
Control &
Water Dist.
3523
A letter from the Santa Clara County Flood Control and Water
District was noted regarding their policy on flooding.
S.C.Co. Airport The Minutes of the Santa Clara County Airport Land Use Commission
Land Use Com. Meeting of October 25, 1973, were noted.
S.C.Co. PPC
Mee t.
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-
Conservation
of Energy
10J Freeway
Gilroy Unified
School Dist.
Res. #1780
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P & R Com.
Mee t.
Lib. & Culture
Com. Meet.
"....
Monthly
Reports
Disbursements
--
Commissioners'
te rm s
exp i ring
911 Emergency
No.
The Minutes of the Santa Clara County Planning Policy Committee
Meeting of October 25, 1973 were noted.
Counci lman Pate reported on the matter of IIWeighted Votell in
regard to the Planning Policy Committee changing the by-laws to accomplish
same; further noted that the City of Morgan Hill was in opposition to
sa i d change.
A letter from the Acting Governor of the State of California in
regard to the Conservation of Energy was noted.
A letter from the City of Morgan Hill in regard to urging the
Highway Commission to expedite the E.I.R. on Freeway Route 101, between
Cochran and Ford Roads was noted.
A letter from the Gilroy Unified School District in regard to
classroom overloading was noted. Council directed the City Administra-
tor to forward all County referrals on planning and land development
matters to the Gilroy Unified School District Board of Trustees.
Motion was made by Councilman Hughan seconded by Councilman
DeBell that the reading of Resolution 1780 be waived and that it be
adopted supporting the City of Morgan Hillis position regarding urging
the Highway Commission to expedite the E.I.R. on Freeway Route 101
between Cochran and Ford Roads.
RESOLUTION NO. 1780
A RESOLUTION OF THE CITY COUNCIL SF THE CITY OF GILROY, CALIFORNIA,
URGING THE CALIFORNIA HIGHWAY COMMISSION TO EXPEDITE THE CONSTRUCTION
OF STATE FREEWAY ROUTE 101, BETWEEN COCHRANE ROAD AND FORD ROAD, COUNTY
OF SANTA CLARA.
PASSED AND ADOPTED this 3rd day of December, 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 Minutes of the Parks and Recreation Commission Meeting of
November 20, 1973, were noted.
The Minutes of the Library and Culture Commission Meeting of
November 7, 1973, were noted.
The Summary of Monthly Reports of October 1973 was noted.
The Report of Disbursements from November 1, 1973, through
November 30, 1973, was noted and discussed.
The Report of eity Commissioners' terms expiring January 1, 1974,
was noted.
The Report on the 911 Emergency Service Telephone Number was
noted. Motion was made by Councilman Pate seconded by Councilman Hughan
and carried that the report be approved and authorization be given to
proceed with said program based upon the City Administrator's memorandum,
not including thehiring of an additional Police Cadet at this time.
3524
Res. #1781 re:
Open Space
Grant
7th & 8th Sts.
Downtown Re-
newal Proj.
Energy Cons.
Program
Fire Dept.
Vehicle
GiJroy Senior
Cen te r
Res. #1782 re:
Revised Wage
Scales
Res. #1783 re:
Housing Code
City Administrator Wood presented a Contract for an Open Space
Grant for Eastside and Christmas Hill Parks. Motion was made by Coun-
cilman Hughan seconded by Councilman Silva that the reading of ReS61ution
No. 1781 be waived and that it be adopted authorizing the executivion of
an Open Space Grant for Eastside and Christmas Hill Parks.
RESOLUTION NO. 1781
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY, CALIFORNIA,
APPROVING AND PROVIDING FOR THE EXECUTIVION OF A CONTRACT FOR GRANT TO
ACQUIRE ANDIOR DEVELOP LAND FOR OPEN SPACE PURPOSES NO. OS-CA-09-39-1082
(G) BY AND BETWEEN THE CITY OF GILROY AND THE UNITED STATES~F AMERICA.
PASSED AND ADOPTED this 3rd day of December, 1973, by the following vote:
AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, SILVA, STOUT, ..
and GOORICH
NOES: COUN C I L MEMBERS: None .....
ABSENT: COUNCIL MEMBERS: None
The Report on the Feasibility of a Code Enforcement, Rehabili-
tation or Redevelopment Program for the west side of Monterey Street
between Seventh and Eighth Streets was noted. Discussion was had on
the matter. Council agreed to enforce the Code in this regard.
A Status Report on an Energy Conservation Program was noted.
Fire Chief Brittain presented a Report on Fire Pumper No.2 and
requested Council direction in this regard. Motion was made by Coun-
cilman Pate seconded by Councilman Silva and carried that authorization
be given to proceed with a complete major overhaul of the engine and
component parts of Fire Pumper No.2 as recommended and further author-
ized amendment to the 1973-74 Budget in the amount of $1,700.00 by
, transferring same from Account 15Cl to Account IOBI5.15.
A letter request for continuation of the Gilroy Senior Center
was noted. The Mayor further noted that Mrs. Torres had further re-
quested tabling same to await a proposal of the California Rural Legal
Assistance. Council fabled same.
~
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Motion was made by Councilman Pate seconded by Councilman Silva
that the reading of Resolution No. 17~2 be waived and that it be adopted
approving the Santa Clara County Building and Construction Trades August
1, 1973, Revised Wage Scales for Public Works Contracts.
RESOLUTION NO. 1782
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING WAGE SCALES
FOR PUBLIC WORKS CONTRACTS.
PASSED AND ADOPTED this 3rd day of December, 1973, by the following vote:
AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, SILVA, STOUT,
and GOODRICH
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The recommendation of the Director of Public Works for adoption
of the Housing Code and Dangerous Building Code was noted.
Motion was made by Councilman Pate seconded by Councilman Silva
that the reading of Resolution No. 1783 be waived and that it be adopted
as recommended.
iII!IIlII
RESOLUTION NO. 1783
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING THE UNIFORM
HOUSING CODE 1973 EDITION.
PASSED AND ADOPTED this 3rd day of December, 1973,by the following vote:
AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, SILVA, STOUT,
and GOODRICH
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
NOES:
ABSENT:
352-5
Res. #1784 re:
Dangerous
BId g. Ac t.
Motion was made by Councilman Pate seconded by Councilman Silva
that the reading of Resolution No. 1784 be waived and that it be adopted
as recommen ded.
RESOLUTION NO. 1784
tIf1JI"'OO
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING THE UNIFORM
CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1973 EDITION.
PASSED AND ADOPTED this 3rd day of December, 1973, by the following vote:
AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, SILVA, STOUT
and GOODRICH
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
NOES:
ABSENT:
......
Ord. #1002 re:
Fire Codes
Motion was made by Councilman Silva seconded by Councilman Hughan
that the reading of Ordinance No. 1002 be waived and that it be adopted
amending portions of Sections 10.9 and 10.10 of the Gilroy City Code so
as to Adopt the 1973 Uniform Fire Codes as Modified and Amended by County
Ordinance.
The report of the Fire Chief on County Board of Supervisors Actions
regarding Safe and Sane Fireworks was noted.
ORDINANCE NO. 1002
AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTIONS 10.9 and 10.10 OF
THE GILROY CITY CODE SO AS TO ADOPT THE 1973 UNIFORM FIRE CODE AS MODI-
FIED AND AMENDED BY PORTIONS OF SANTA CLARA COUNTY ORDINANCE NO. NS-800.7
AND BY PERMITTING IISAFE & SANE'I FIREWORKS.
PASSED AND ADOPTED this 3rd day of December, 1973, by the following vote:
AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, SILVA, STOUT
and GOODRICH.
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
NOES:
ABSENT:
........ Forest St. Park Counci lman Stout inquired of the progress of Improvements proposed
at Forest Street Park.
--
Trucks-1st St. Councilman Stout inquired of the parking of trucks on First Stre~t.
It was noted that said trucks could not be prohibited from parking on
a State Highway.
Gentry & Gilroy Councilman Stout inquired of the proposed Council Committee meeting
Foods pro- with Gentry and Gilroy Foods. City Administrator Wood noted that said
posed meet. meeting has been delayed in order for the City to determine an estimated
cost of removing the present excess silt from the City's filter beds.
Water Li ne-
Fe110m prop.
Councilman Stout inquired of the progress of replacing the water
line from the Golf Course to the Fellom property. City Administrator
Wood noted that the City is proposing to install a plastic pipe line
on the Golf Course side of the highway to hopefully eliminate the present
problem, as soon as weather will permit.
Reservoir
Councilman Duffin inquired of the possibility of placing the con-
crete in the reservoir from the basement break-out on the Doyle property
at the proposed library site.
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Sewer Farm
Councilman Silva inquired as to who was dumping all the concrete
at the Sewer Farm.
Councilman Silva reported that the Garbage Company is not covering
their garbage at the Sewer Farm with dirt as often as necessary.
Councilman Silva noted that a lot of lumber is being handled at
the Sewer Farm which is prohibited.
3526
Properties, City Administrator Wood presented a request of Jadal Proper~ies, Inc.
owner of; the Gilroy ~laza Shopping Center, at the northwest corner of
Wren Avenue and First Street for additional time to complete construction
at said site. Motion was made by Councilman Stout seconded by Councilman
Pate and carried that a one-year extension from December 4, 1973, to De-
cember 4, 1974 be granted regarding Section 49, Resolution No. 1689.
Jadal
Inc.
Sign 0 rd.
Res. #1785 re:
Comprehensive
Planning
Assistance
Federal EPA
Discussion was had in regard to enforcing the City's Sign Ordinance.
Motion was made by Councilman Pate seconded by Councilman Silva and car-
ried that the Section on sign setbacks of more than 100 feet along First
Street be referred back to the Planning Commission. Motion was made by
Councilman Hughan seconded by Councilman Pate and carried that Staff be
directed to commence the overall enforcement of the remaining Code for
enforcing said sign ordinance. Councilman Stout voted IInoll on the motion.
City Administrator Wood presented an agreement with the State of
California Council on Intergovernmental Relations for approval of same.
Motion was made by Councilman Pate seconded by Councilman Silva that the
reading of Resolution No. 1785 be waived and that it be adopted author-
izing execution of said agreement re: South County Implementation Program
relating to Comprehensive Planning Assistance.
RESOLUTION NO. 1785
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING
EXECUTION OF AGREEMENT WITH THE STATE OF CALIFORNIA, COUNCIL ON
INTERGOVERNMENTAL RELATIONS.
PASSED AND ADOPTED this 3rd day of December, 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 City Attorney presented proposed legislation in regard to the
Federal Environmental Protection Agency controls on Parking, .etc.
League Institute The Mayor noted the League of California Cities Institute on
Labor Relations for City Officials.
S. Co. Plan.
Prog. Com.
Inter-Ci ty
Counc i 1
Adjournment
l_u_
The South County Planning Program Committee Meeting in Morgan Hill
was noted.
The Mayor reminded Council of the Inter-City Council Meeting
December 6, 1973 at Moffett Field.
At 11:14 p.m., the Mayor adjourned the meeting.
Respectfully submitted,
z?J Zt~:::J t>'J1JtL/'
/ City Clerk