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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 ",..- ..... 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. ~ ........ 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. ""... -- Adjournment At 10:11 p.m., the Mayor adjourned the meeting. Respectfully submitted, 42tJMZnu(; ~~ ,~ City Clerk' . . -)