Minutes 1972/04/17
3337
Gilroy, California
Ap r ill 7, 1972
The Regular Meeting of the Gilroy City Council was called to
order by His Honor Mayor Norman B. Goodrich at 8:00 p.m.
Roll Call
Present: Council Members: Fred P. Batrez, John Hughan, John E.
Pate, Anthony C. Silva, David V. Stout and Norman B. Goodrich.
Absent: Council Member: George T. Duffin.
Intra. new emp. The Mayor tabled the introduction of new employee Peyton E.
Parks I I I, Police Cadet, to await his presence.
M i nu tes
The Minutes of the Regular Council Meeting of April 3, 1972,
were approved as mailed and recorded.
1
3p~~~r. re:
rezoning -
Dale Fellows
Ronan Ave.
The Mayor stated that it was the time and place scheduled for
the continued Public Hearing on a Rezoning request of Dale Fellows
from 111-~1I (Interim Zpne) to 'IR-311 (Low Density Multiple Residence)
located on the north side of Ronan Avenue, approximately 500 feet west
of Monterey Street containing 18,000 sq. ft.
Director of Public Works - City ~ngineer Henry explained the
Planning Commissionls recommendation that said property be rezaned
"R_2.11
Mr. Dale Fellows addressed the Council and further explained
his rezoning request.
Motion was made by Councilman Hughan seconded by Councilman
Pate and carried that the Public Hearing be closed. Discussion was
. had by Council in regard to said rezoning request.
The City Attorney presented Resolution No. 1638. Motion was
made by Councilman Silva that the reading of Resolution No. 1638 be
waived and that it be adopted.
RESOLUTION NO. 1638
RESOLUTION OF THE CITY OF GILROY GRANTING A SPECIAL ZONING EXCEPTION
PURSUANT TO SECTION 49 OF THE ZONING ORDINANCE OF SAID CITY PERMITTING
R-3 (LOW DENSITY MULTIPLE FAMILY RESIDENCE) DEVELOPMENT OF THE PREMISES
AT THE NORTH SIDE OF RONAN AVENUE 500 FEET WEST OF MONTEREY STREET.
PASSED AND ADOPTED this 17th day of April, 1972, by the following vote:
AYES: COUNCIL MEMBERS: BATREZ, HUGHAN, PATE, SILVA, STOUT, AND
GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: DUFFIN
Intra. newemp. Police Sergeant Wilson introduced new employee Peyton E. Parks,
III, Pol ice Cadet.
Murray Ave. #1
Annex. 71-8
Res. #1639 re:
Rural Fire
District
A Petition received from George L. Brandon was noted requesting
annexation of uninhabited territory containing 10.566 acres, located
on the East side of Murray Avenue between Las Animas Avenue and
Leaves 1 ey Road to be known as IIMurray Avenue No. 1 Annexat i on 71-8 to
the City of G i 1 ray. II
City Administrator Wood noted the location of said territory
on the map. The City Attorney presented Ordinance No. 953. Motion was
made by Councilman Pate seconded by Councilman Silva that the reading
of Ordinance No. 953 be waived and that it be adopted.
ORDINANCE NO. 953
AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE
CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED
TERRITORY DESIGNATED AS "MURRAY AVENUE NO.1 ANNEXATION 71-8 TO THE
CITY OF GILROY" AND FOR THE INCORPORATION OF SUCH ANNEXED TERRITORY IN
AND AS A PART OF SUCH MUNICIPALITY FOR THE GOVERNMENT AND MUNICIPAL
CONTROL THEREOF.
PASSED AND ADOPTED this 17th day of April, 1972, by the following
vote:
AYES:
COUNCIL MEMBERS:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
BATREZ, STOUT, HUGHAN,
GOODR I CH
NONE
DUFFIN
PATE, SILVA AND
Resolution No. 1639 Removing said annexation from the Gilroy
Rural Fire District was presented. Motion was made by Counc ilman
Hughan seconded by Councilman Silva that the reading of Resolution No.
1639 be waived and that it be adopted.
RESOLUTION NO. 1639
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY WITHDRAWING FROM THE
GILROY RURAL FIRE DISTRICT TERRITORY THEREIN RECENTLY ANNEXED TO THE
CITY OF GILROY UNDER THE DESIGNATION IIMURRAY AVENUE NO.1 ANNEXATION
71-8 TO THE CITY OF GILROY." '
PASSED AND ADOPTED this 17th day April, 1972, by the following vote:
-",411
F. Martinez
Appeal re:
Sign at
Marx-Lagiss
Jeep Ctr.
.......
Plan. Com.
Report
4/6/72
P. & R. Com.
Report
4-4- 72
~._'"<'''''
Co.Plan.Com.
Salary Merit
I ncre:ases
I
."..d
11,,;,.,__11
Gen. Plan
3339
AYES:
COUNCIL MEMBERS: BATREZ, HUGHAN, PATE, SILVA, STOUT AND
GOODRICH
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: DUFFIN
NOES:
ABS ENT:
A letter from Frank Martinez was presented appealing the
decision of the Planning Commissi on granting a Conditional Use Permit
for a Sign at Marx Lagiss Jeep Center at 8575 Monterey Street to allow
a free standing sign. City Administrator Wood presented a copy of a
letter to Mr. Martinez, from Mr. Harry Marx noting that said sign
would not block the business sign of Mr. Martinez. City Administrator
Wood noted that Mr. Martinez had withdrawn his appeal regarding said
sign.
The Report of the Planning Commission Meeting of April 6, 1972,
was presented recommending rezoning from "M-211 to IIR_2" on application
of Stephen Poli for property located on the east side of F~est Street,
125 feet south of Old Gilroy Street and 100 feet north of Eighth Street,
containing 32,100 sq. ft. Motion was made by Councilman Hughan
seconded by Councilman Pate and carried that a public hearing date of
May 1, 1972, be set for said rezoning request.
The Planning Commission Report further recommended rezoning
from IIR-l" to IIR_311 on the appl ication of John Roffinella for property
located approximately 90 feet south of Lewis Street on the east side
of Chestnut Street, containing 15,000. sq. ft.
Motion was made by Councilman Pate seoonded by Councilman
Hughan and carried that a Public Hearing date of May 1, 1972 be set
for said rezoning request.
The Report of the Parks and Recreation Commission's Special
Meeting of April 4, 1972, was noted recommending approval of the final
plans for Northside Park.
Mr. Abbey, representing the architect firm of Royston, Beck,
Hanamoto and Abbey, addressed the Council and further explained the
final plan for Northside Park. Discussion was had in regard to same
by Counci 1.
Mr. Joe Arellano, 233 Fifth Street, addressed the Council and
requested that Hand Ball Courts be included in the first phase of
said Plans as originally scheduled; that he and other would provide
the labor to install said courts provided the City would furnish the
materials for same.
Motion was made by Councilman Batrez seconded by Councilman
Hughan and carried that the final plans for Northside Park be approved
as presented, explained and recommended by the Parks and Recreation
Commission and that the HaroBall Courts be added to the plans and
specifications as an Alternate and that said plans be reviewed by the
City Engineer specifically the electrical and lake bottom aspect of
said plans.
Supervisor Sig Sanchez introduced Mr. Raymond Benech, County
Planning Commissioner, representing South Santa Clara County and re-
placing Mr. Stu Fletcher who recently resigned from said Commission.
City Administrator Wood recommended Merit Step Salary Increases
for the following five (5) employees: Bill Clem, Building Inspector,
Range 33 from Step IIDII $979 to Step IIE" $1,028; William Demichelis,
Equipment Maintenance Man, Range 31.5 from Step IIDII $910 to Step IIEII
$955; LoVanne Gonzales, Clerk-Typist, Range 23.5 from Step IIBII $560 to
Step IICII $587; and Joseph Young and Stephen Covington, Firemen, Range 30
from Step IWI $731 to Step "BII $767 to become effective May 1, 1972.
Motion was made by Councilman Pate seconded by Councilman Silva and
carried that the Salary Merit Increases as presented be approved to
become effective May 1, 1972.
A Report on a County Meeting in regard to Up-dating the General
Plan for the unincorporated area of South Santa Clara County was pre-
sented. The Mayor appointed Councilman Pate as representative on said
Committee and Councilman Hughan as an Alternate.
3340
Flood Control
Uvas Creek
Fire Head-
quarters
Station
Tract 5l69A
Westwood Ac.
Ord. #954 re:
Casey 5 t.
Ord. #955 re:
Zon.Ord.
Sec. 32.2 &
33.2
Medi Bus
License,
T.Lawson
re: A Report on a Citizens' Advisory Group Meeting with the Corps
of Army Engineers was presented on a Feasibility Study of Additional
Flood Control Works along Uvas Creek between Morey Avenue and State
Route 101 (Monterey Highway).
~
City Administrator Wood presented a Report on the Fire Head-
quarters Station Project requesting a budget amendment to Account
45.2, in the amount of $13,288 which includes an increase over Bonds
issued for said project in the amount of $170.11. Motion was made by
Councilman Batrez seconded by Councilman Hughan and carried that
account 45.2 be amended in the amount of $13,288 as recommended.
.....
..
Director of Public Works-City Engineer Henry recommended ap-
proval of the final subdivision map of Tract 5169-A, Westwood. Acres.
Motion was made by Councilman Pate seconded by Councilman Silva and
carried that the final subdivision Map of Tract 5169-A, Westwood Acres,
be approved as recommended.
......
Ordlnance No. 954 Vacating and Abandoning all that portion of
the most northerly 10 feet of Casey Street, lying between Swanston
Lane and to 100 feet easterly of the Southern Pacific Railroad Right of
Way was presented. Motion was made by Councilman Hughan seconded by
Councilman Silva that the reading of Ordinance No. 954 be waived and
that it be adopted.
ORDINANCE NO. 954
AN ORDINANCE OF THE CITY OF GILROY VACATING AND ABANDONING ALL THAT
PORTION OF THE MOST NORTHERLY TEN (10) FEET OF CASEY STREET IN THE
CITY OF GILROY LYING BETWEEN SWANSTON LANE AND TO ONE HUNDRED (100)
FEET EASTERLY OF SOUTHERN PACIFIC RAILROAD RIGHT OF WAY.
PASSED AND ADOPTED this 17th day of April, 1972, by the following vote:
AYES: COUNCIL MEMBERS: BATREZ, HUGHAN, PATE, SILVA, STOUT AND
GOODRICH
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: DUFFIN
NOES:
ABSENT:
~
...
Ordinance No. 955 Amending Sections 32.2 and 33.2 of the Zoning
Ordinance to Require a Conditional Use Permit for On-Sale Liquor Es-
tabl ishments in Cl and C2 Districts was presented. Motion was made by
Councilman Pate seconded by Councilman Silva that the reading of Ordi-
nance No. 955 be waived and that it be adopted.
ORDINANCE NO. 955
ORDINANCE OF THE CITY OF GILROY AMENDING SECTIONS 32.2 AND 33.2 OF THE
ZONING ORDINANCE SO AS TO REQUIRE A CONDITIONAL USE PERMIT FOR ON SALE
LIQUOR ESTABLISHMENTS IN Cl and C2 DISTRICT.
PASSED AND ADOPTED this 17th day of April, 1972, by the following vote:
AYES: COUNCILMEMBERS: BATREZ, HUGHAN, PATE, SILVA, STOUT, and
GOODRICH
COUNCILMEMBERS: NONE
COUNCILMEMBERS: DUFFIN
NOES:
ABSENT:
A request of Mr. Thomas Lawson, Jr., was presented for renewal
of the Medi Bus Business License expiring April 20, 1972. Mr. Holdaway,
owner of the Gilroy Ambulance Company, addressed the Council and re-
quested that said business license of Mr. Thomas Lawson, Jr. be denied
renewal. Mr. Lawson addressed the Council and objected to the issuance
of a temporary license.
..
tIIIIIW
Mr. Robert Johnson, president of the Ambulance Association of
Santa Clara County, addressed the Council and suggested that the Cit~
allow issuance of an ambulance and medi-bus business license to'operate
in the City of Gilroy to provide a stand-by service to the City in the
event Gilroy Ambulance Company did not have a vehicle available for
service. ...
Motion was made by Councilman Hughan seconded by Councilman Pate ...
and carried that Mr. Thomas Lawson, Jr. be issued a temporary Medi-Bus
License for 60 days to be reviewed at the expiration of same (6-19-72),
in order for Council to study the Ambulance Ordinance for consideration
of a permanent license.
S.B. 400 re:
Euthanair
Chambers
TOPICS Funds
lliit''''-'''''.<IIi
Gilroy Chamber
Budget
request
~-'"
.......
Prop. #2 re:
Schoo 1 Bldg.
3341
A Request of the State Humane Association of California Urging
Opposition to S.B. 400, making the use of Euthanair Chambers unlawful
was presented and tabled.
A letter from the State Division of Highways was noted in
regard to re-apportionment of City TOPICS Funds.
A Request of the Gilroy Chamber of Commerce for a $5,000 budget
allocation for 1972-73 Budget was noted and referred to the Budget Work
Sessions.
A request bf the Governor of the State of California was noted
Urging Support of Proposition #2 for School Buildings.
Tessaro A letter from Mr.
mission to erect a fence
sidewalk set back area.
explained his request.
by Councilman Silva and
to erect said fence.
Valente Tessaro was presented requesting per-
in front of his property upon City1s one foot
Mr. Tessaro addressed the Council and further
Motion was made by Councilman Stout seconded
carried that Mr. Tessaro be granted permission
Fence- V.
Trans.Policy
Com. Meeting
~,""'"
Co. Charter
Amendment
",1.."...,;1
Bldg. Codes
Res. #1641 -
# 1644
The Minutes of the Transportation Policy Committee Meeting of
March 8, 1972, were noted. Representative Stout noted a request of said
Committee to place Policital signs throughout the City in regard to the
transit district measure to be on the June 6, 1972, Election Ballot.
The Mayor requested Councilman Stout inform the Transportation Policy
Committee to contact Staff in regard to said political signs.
Discussion was had in regard to the political signs located
throughout the City advertising candidate Gil,lett noting that some
were allegedly illegally erected. It was noted by Staff that said Mr.
Gillette's Committee had been informed that said political signs could
not be placed upon utility poles and could be placed only on private
properties if the owner's permission had been obtained.
Councilman Stout suggested that Subdividers be required to
place a deposit with the City when erecting signs advertising their
subdivisions and that said deposit be refunded at the end of a 6 months
period only if and when said sign is removed.
City Administrator Wood presented a County Charter Amendment
IICI1 in regard to Trust Fund for Parks, etc., accompanied by a resolution
supporting said amendment. Motion was made by Councilman Pate seconded
by Councilman Silva that the reading of Resolution No. 1640 be waived
and that it be adopted.
RESOLUTION NO. 1640
RESOLUTION OF THE CITY OF GILROY URGING SUP80RT OF MEASURE C, JUNE 6,
1972, ELECTION FOR THE CREATION OF A TRUST FUND FOR THE ACQUISITION AND
DEVELOPMENT OF COUNTY PARKS AND RECREATION FACILITIES.
PASSED AND ADOPTED this 17th day of April, 1972, by the following vote:
AYES: COUNCIL MEMBERS: BATREZ, HUGHAN, PATE, SILVA, AND GOODRICH.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: DUFFIN AND STOUT
It was noted that Councilman Stout was absent during the roll
call of Resolution No. 1604.
A Summary of a Report on Council Committee's Recommendation on
Adoption of New Building Codes was noted and further explained by
Committee Chairman Hughan.
Motion was made by Councilman Hughan seconded by Councilman
Silva that the reading of Resolution No. 1641 be waived and that it be
adopted.
3342
Bedroom Tax
Misc. Storm
Drain.
Legislation
10th & Mont.
Intersection
RESOLUTION NO. 1641
RESOLUTION OF THE COUNCIL OF THE CITY OF' GILROY ADOPTING THE UNIFORM
BUILDING CODE 1970 EDITION SUBJECT TO MODIFICATIONS AND AMENDMENTS.
PASSED AND ADOPTED this 17th day of April, 1972, by the following vote:
AYES: COUNCIL MEMBERS: BATREZ, HUGHAN, PATE, SILVA, STOUT and
GOODRICH
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: DUFFIN
....
-
Motion was made by Councilman Hughan second~d by Councilman
Silva that the reading of Resolution No. 1642 be waived and that it be
adopted.
RESOLUTION NO. 1642
MIl
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING THE
UNIFORM MECHANICAL CODE 1970 EDITION.
PASSED AND ADOPTED this 17th day of April, 1972, by the following vote:
AYES: COUNCIL MEMBERS: BATREZ, HUGHAN, PATE, SILVA, STOUT AND
GOODRICH
NOES: COUNC'I L MEMBERS: None
ABSENT: COUNCIL MEMBERS: DUFFIN
...
Motion was made by Councilman Hughan seconded by Councilman
Silva that the reading of Resolution No. 1643 be waived and that it be
adopted.
RESOLUTION NO. 1643
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING THE UNIFORM
PLUMBING CODE, 1970 EDITION, SUBJECT TO MODIFICATIONS AND AMENDMENTS.
PASSED AND ADOPTED this 17th day of April, 1972, by the following vote:
AYES: COUNCIL MEMBERS: BATREZ, PATE, HUGHAN, SILVA, STOUT and
GOODR I CH
NOES: COUNC I L MEMBERS: None
ABSENT: COUNCIL MEMBERS: DUFFIN
Motion was made by Councilman Hughan seconded by Councilman ...
Silva that the reading of Resolution No. 1644 be waived and that it be
adopted. ...
RESOLUTION NO. 1644
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING THE UNIFORM
HOUSING CODE 1970 EDITION.
PASSED AND ADOPTED this 17th day of April, 1972, by the following vote:
AYES: COUNCIL MEMBERS: BATREZ, HUGHAN, PATE, SILVA, STOUT and
GOODRICH
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: DUFFIN
RE~OLUTION NO. 1644-A
(Omitted in error - see Original Resolution Book)
Councilman Hughan recommended that the Parks and Recreation
Commission and the Council have the option of requiring subdividers to
provide the land or bedroom tax fees rather than leaving said option
up to the subdivider as presently provided by Ordinance. Council
recommended that said matter be studied by a Committee of three (3)
representatives from each Commission (Parks and Recreation & Planning) .
and 3 representatives from the Council. The Mayor noted that he would
make said appointments on the Council and that the Commissions should
also make their appointments.
..
Councilman Stout inquired of the storm drain overflow at Way-
land Lane and Sherwood Drive. Director of Public Works - City Engineer
Henry noted that said matter would be re-checked.
.....
Councilman Pate recommended that the City endorse the League
of California Cities position on the legislative bills presently
before the Legislature. Discussion was had regarding same by Council.
Motion was made by Councilman Pate seconded by Councilman Batrez and
carried that the City endorse the League of Cal ifornia Cities position
on pending legislation.
..
...
Director of Public Works-City Engineer Henry reported that the
Adj ou rnmen t
3343
State Division of Highways had approved left turn lanes on Monterey
Street at the Tenth Street Intersection and that same should be
installed in approximately three (3) months.
The Mayor apologized for not recognizIng Parks and Recreation
Commissioner Matranga, representing said Commission at the last
Council Meeting (4-3-72).
At 11:07 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
~U4~Z;~
' City Clerk