Minutes 1971/11/15
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Roll Ca 11
~~
Minute
Approval
-
Pub.Hear.re:
M-3(Heavy
Ind.) Zone
~....
Plan. Com.
RepJrt
11/4/71
.....
Li brary
Fu~ding
Ex terna lAud it
70- 71 F i sea I
Year
CATV Ord.Amend.
re: Conduit
installation
Res. #1603
'ho..,...,,",
3287
November 15, 1971
G i 1 roy, Ca I i forn i a
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: Fred P. Batrez, George T. Duffin, John
Hughan, John E. Pate, Anthony C. Silva, David V. Stout, and Norman B.
Goodrich.
The Minutes of the Regular Council Meeting of November I, 1971,
were approved as. mailed and recorded.
The Mayor stated it was the time and place for the public hearing
to amend Sections 43. I and 43.2 of the Zoning Ordinance for Conditional
Use Permits in M-3 (Heavy Industrial) Zone. The City Attorney explained
the Planning Commission's recommendation that said Section of the Zoning
Ordinance be amended to provide better control of development of M-3
(Heavy Industrial) uses.
The Mayor asked if there was anyone who wished to speak for or
against the proposal. As there was no comment from anyone in the audience,
it was moved by Councilman Pate seconded by Councilman Stout and carried
that the public hearing be closed.
The City Attorney presented a proposed ordinance amending Sections
43. I and 43.2 of the Zoning Ordinance. Motion was made by Councilman
Pate seconded by Councilman Silva that the reading of said ordinance be
waived and it be published by title and summary. Discussion was had.
Motion was carried.
The Planning Commission Report of the November 4, 1971, meeting
was presented and explained by Secretary Henry noting the street names
selected for Gilroy Meadows; further noting granting of a variance to
the United Methodist Church to reduce required parking at 7600 Church
Street.
City Administrator Wood noted that the County, by agreement, will
payoff the general obligation bonds for the Library project as annual
rent; further noting there was no provision for rent payment for the
pre-construction and construction periods, and that during this interim
period, bond payments are required. Recommendation was made that the
City borrow funds from their local bank to make these bond payments
which will be repaid, with interest, when the County takes over the new
facility. Motion was made by Councilman Hughan seconded by Councilman
Duffin and carried approving said recommendation.
tity Administrator Wood reported on the Annual External Audit
for the Fiscal Year ending June 30, 1971. Discussion was had. Motion
was made by Councilman Duffin seconded by Councilman Silva and carried
that the 1970~71 External Audit be officially accepted. Councilman
Duffin commended City Administrator Wood on the management of the annual
budget.
The City Administrator presented a' report on a proposed amendment
to the CATV ordinance to incorporate the 150' maximum free service ex-
tension into the existing ordinance covering line extensions which is
presently included in a resolution covering monthly service charges.
Discussion was had. Motion was made by Councilman Pate seconded by
Councilman Silva and carried that said ordinance be published by title
and summary and the reading be waived.
The City Attorney presented Resolution No. 1603 requiring sub-
dividers to install a conduit to facilitate installation of Cable TV
Service in all new subdivisions. Discussion was had. Motion was made
by Councilman Stout seconded by Councilman Hughan and carried that
Resolution No. 1603 be adopted and the reading be waived.
3288
Community
Shelter
Plan
Final Tract
Map, Gilroy
Mews., &
Dev. Agree.
Fed. Aid
Urban Syst.
Res.#1604 '
Ord.#940 re:
Rezon ing-
Stand ish Ac.
RESOLUTION NO. 1603
A RESOLUTION DECLARING THE COUNCIL'S INTENTION TO REQUIRE SUBDIVIDERS
TO INSTALL A CONDUIT TO FACILITATE INSTALLATION OF CABLE TV SERVICE IN
ALL NEW SUBDIVISIONS.
PASSED AND ADOPTED this 15th day of November, 1971, by the following
vote:
AYES:
...
COUNCIL MEMBERS:
/
Pate, Si lva, Stout,
lIIIIllJIj
Batrez, Duffin, Hughan,
and Goodrich
None,
None
\
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
City Administrator Wood presented a request for Council approval
of the Santa Clara County Shelter Plan. Discussion was had. Motion was
made by Councilman Stout seconded by Councilman Silva and carried that
said plan be approved.
..
....
Director of Public Works Henry requested approval of the Develop-
ment Agreement re: Final Tract Map, Gilroy Meadows, Pierce and Church
Streets, and noted several deviations of the original map in regard to
certain FHA requirements. Discussion was had. (Councilman Stout declared
himself absent from the discussion.) Mr. Howard Smith, of the Street
Naming Committee, commented that the purpose of said committee was to
attempt to tie the names of new streets to the City1s early history. The
City Engineer explained the proposed development agreement. Further dis-
cussion was had regarding maintenance problems of, and easements through,
parking areas at the end of cul-de-sacs. Motion was made by Councilman Pate
seconded by Councilman Batrez and carried approving said Development
Agrement with certain stipulations and authorized the City Administrator
and/or Mayor to execute same.
City Engineer Henry presented a resolution approving Interim Fed-
eral Aid Urban System and requesting that same be amended to include
additional routes as shown on attached map. Motion was made by Council-
man Duffin seconded by Councilman Hughan and carried that Resolution No.
1604 Approving the Interim Federal Aid Urban System be adopted and the
reading waived.
...
RESOLUTION NO. 1604
..
RESOLUTION APPROVING INTERIM FEDERAL AID URBAN SYSTEM AND REQUESTING
ADDITIONAL ROUTES FOR INCLUSION INTO FINAL FEDERAL AID URBAN SYSTEM.
PASSED AND ADOPTED this 15th day of November, 1971, by the following
vote: '
AYES:
COUNCIL MEMBERS:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Batrez, Duffin, Hughan,
and Goodrich.
None
None
Pate, Silva, Stout,
The City Attorney presented Ordinance No. 940 Amending Zoning
Ordinance by Rezoning Lots 34, 35 and 43 as shown on Tentative Subdivision Map
#4991 (Standish Acres, Unit No.2) from R-l District to R-3 District.- '
for adoption, previously published by title and summary. Motion waS
made by Councilman Hughan seconded by Councilman Duffin and carried that
said ordinance be adopted and the reading be waived.
ORDINANCE NO. 940
ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE-OF SAID .-;
CITY BY REZONING LOTS 34, 35 and 43 AS SHOWN ON THE TENTATIVE SUBDIVI~ION
MAP 4991 (STANDISH ACRES UNIT 2) LOCATED APPROXIMATELY 825 FEET WEST OF
WREN AVENUE, SOUTH OF AND ADJACENT TO THE EXTENSION OF WELBURN AVENUE
FROM Rl DISTRICT TO R3 DISTRICT.
PASSED AND ADOPTED this 15th day of November, 1971, by the following
vote:
AYES:
..
...
(
COUNCIL MEMBERS:
Batrez, Duffin, Hughan, Pate, Silva,
and Goodrich
None
None
S tou t ,
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
...
...
Ord. #941 re:
Outmoded Sec-
tions of
Code
.....',,,..
JIM""'"
~
Ord. #942 re:
Raw Mil k
Sales
,..-..'""-
-
In tro. Ord.
Designated
Pkg.Spaces
3289
The City Attorney presented Ordinance No. 941 Repealing and Amend-
ing Out-Moded and ~re-Empted Provisions of Chapters 15 and 16 of the City
Code for adoption; previously published by title and summary. Motion
was made by Councilman Pate seconded by Councilman Batrez and carried
that said ordinance be adopted and the reading waived.
ORDINANCE NO. 941
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY REPEALING AND
AMENDING OUTMODED AND PREEMPTED PROVISIONS OF CHAPTERS 15 AND 16 OF THE
GILROY CITY CODE.
PASSED AND ADOPTED this 15th day of November, 1971, by the following
vote:
AYES:
COUNCIL MEMBERS:
Batrez, Duffin, Hughan, Pate, Silva,
and Goodrich
None
None
S tou t ,
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
The City Attorney presented Ordinance No. 942 Providing that
Article VI of Chapter I, Title V of the Santa Clara County Ordinance
Code Relating to Raw Milk Sales Shall Apply in the City of Gilroy for
-adoption, previously published by title and summary. Motion was made
by Councilman Stout seconded by Councilman Silva and carried that said
ordinance be adopted and the reading be waived.
ORDINANCE NO. 942
AN ORDINANCE OF THE CITY OF GILROY TO PROVIDE THAT ARTICLE VI OF CHAPTER
I OF TITLE FIVE OF THE SANTA CLARA COUNTY ORDINANCE CODE, AS THE SAME
NOW EXISTS OR MAY HEREAFTER BE AMENDED, RELATING TO RAW MILK SALES SHALL
APPLY IN THE CITY OF GILROY.
PASSED AND ADOPTED th i s 15 th day of November, 1971, by the follow i ng
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: Batrez, Duffin, Hughan, Pate, Silva,
and Goodrich
COUNCIL MEMBERS:None
COUNCIL MEMBERS:None
Stout,
re: The City Attorney explained a proposed ordinance authorizing the
City Administrator to establish designated parking spaces on streets and
highways within the City. Motion was made by Councilman Pate seconded
by Councilman Silva and carried that said ordinance be introduced and
published by title and summary,and the reading be waived.
Req. for Mobile The Mayor noted postponement from the last Council Meeting of a
Home (W Gil- request of the Gilroy Drive In Theatre for the manager and wife to occupy
roy Drive- a: mobile home at said premises in an attempt to alleviate vandalism and
in Theatre break-ins. Mr. Jack Peters addressed the Council and explained the prob-
lems he was having at said location and requested Council1s approval of
a permit for the occupancy of a mobile home on the premises. Discussion
was had. Motion was made by Councilman Duffin seconded by Councilman
Stout aRd carried that said request be granted with the stipulation that
they connect to the City's sewer line; same to be reviewed and renewed or
rejected on an annual basis.
Serenade &
Parade Req.
Sociedad
Guadalupan
'~
Plan.Pol.Com.
Mini Minutes
10/28/71
City Administrator Wood presented a request of Sociedad Guadalu-
pan a for permission to serenade in front of certain homes in Gilroy on
December II, and to conduct a small parade on Eigleberry Street, from
Fifth Street to St. Mary.s Church, on Sunday, December 12, between 11:30
a.m. 'and 12:00 Noon. Motion was made by Counci Iman Hughan seconded by
Councilman Batrez and carried that said requests be granted.
The Mini Minutes of the Planning Policy Committee Meeting of
October 28, 1971 ,were noted.
Trans.Pol. Com. The Minutes of the Transportation Policy Committee Meeting of
10/12/71 Wednesday, October 13, 1971, were noted.
...."',-~
Re t i remen t of
Alan S. Hart,
D i v; Hwys.
City Administrator Wood noted the retirement of Allan S. Hart,
District Engineer, District 4, Division of Highways, and recommended
attendance at a dinner in his honor on December- 16, 1971, at the Airport
Marina Hotel, Burlingame, if anyone has the opportunity.
3290
Letter from
Duncan & Jones
re: Allan's
Letter from
Allan & Sons
Notice of
Acceptance-
Fire Hdqtrs.
Maciel Bros.-
A letter from Duncan & Jones, Planning Consultants, was presented
noting that they feel the granting of the use permit to James Allan &
Sons is appropriate. Motion was made by Councilman Pate seconded by
Councilman Batrez and carried that the City Council re-affirm its posi-
tion endorsing IIYes" votes on the November 23 election, in view of the
recent Duncan & Jones Report.
III
....
A letter from James Allan & Sons stating that they have no plans
for locating in the Gilroy area on any property other than that which
they have previously selected was noted.
...
City Administrator Wood presented a letter from Mr. Robert Wong,
Architect, recommending acceptance of the New Fire Headquarters facility.
Motion was made by Councilman Hughan seconded by Councilman Pate and
carried approving the Notice of Acceptance for the new Fire Headquarters
Station.
~
Councilman Hughan questioned the City Attorney if there is any
advantage in having a Municipal Court located in Gilroy, It was noted
that this is based on population.
Councilman Duffin noted an appeal of Mr. Don Currlin of the Santa
Clara County Flood Control District in reference to widths of easements
in rights-of-way agreements and asked if the City wants to transfer
this responsibility to the Flood Control District. The matter was re-
ferred to a later date.
Councilman Stout commented on problems caused by low limbs of
street trees, stating he is in favor of opening up a discussion for ob-
taining a source of revenue for maintenance of street trees. It was
noted that the City could possibly use a portion of the Beautification
Grant funds for this project.
-
Councilman Stout commented re: policy of deduction of portion of
Council's pay after missing three meetings, and asked Council to re-
consider its present policy, and further noted that there are many other
meetings Councilmembers must attend which they do not get reimbursed
for. Discussion was had.
....
The City Attorney noted it was suggested that the City Code be
amended placing the responsibility of street tree maintenance in the
Parks and Recreation Department rather than the Public Works Department.
Mr. Luis Maciel addressed the Council in reference to an article
and picture that appeared in the Gilroy News He~ald and explained the
auto repair operations at his place of business. Mr. Maciel stated
that there were approximately 30 cars on the premises and that he owned
about seven of them. He further stated that about ten of the cars are
in running condition. Discussion was had re: the appearance of the
premises and fencing of the repair yard. Motion was made by Councilman
Batrez seconded by Councilman Silva that a transcript of this discussion
be sent to Mr. Carmen Filice, owner of said property, re: fencing of
Mr. Maciel1s operation. It was then suggested that a summary of Council1s
comments be sent rather than a complete transcript.. It was further
suggested that if there is a violation of the law, then it should be re-
ferred to the proper authorities. The Motion before the Council was
defeated. The City Attorney explained the uses permitted in C-2 Dis-
tricts re: fences and closed buildings. Mr. Maciel was instructed to
clean up the premises or put a fence around his operations.
IIIJI
..
City Administrator Wood noted a memo from the League of Cal ifornia
Cities (Peninsula Division) re: Workshop Session on December 9, encourag-
ing cities to participate in same.
IIIIIJ!
...
Merit Step
Increases
Adjournment
3291
Councilman Pate commented in reference to the recent re-districting
plap and sugges~~d that a letter be forwarded to Governor Reagan asking
for his veto of said plan. Discussion was had. Motion was made by
Councilman Pate seconded by Councilman Batrez and carried that said
letter be forwarded to Governor Reagan.
Councilman Batrez commented on the red stripping in front of a
repair shop on Railroad Street. It was noted that the City had painted
said area.
Personnel Director Reinsch noted merit increases due for six (6)
employees; further noting that three (3) of these are not qual ified for
said increases and recommended the following three (3) city employees
be granted merit step increases: (I) Joseph Daughenbaugh, Patrolman -
Range 31, Step D ($888/mo.) to Step E ($932/mo.), effective 11-15-71;
(2) Richard Taylor, Patrolman - Range 31, Step B ($805/mo.) to Step C
($846/mo.),effective 12-1-71; and (3) Neland Doughty, Fireman, Range 30,
Step D ($846/mo.) to Step E ($888/mo.), effective 12-1-71. Motion was
made by Councilman Pate seconded by Councilman Silva and carried that
the three merit increases be granted as requested.
The Mayor noted the presence of Paul Baxter of the Gilroy Chamber
of Commerce.
At II: 15, the meeting was adjourned to November 30, 1971, to
canvass the retu~ns of the November 23 Special Election.
,I"~
I- ,-
i / . ) /
C"'L~ ~ {;. (oL(~ <i
Deputy' Ci ty Cler