Minutes 1964/12/21
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Gilroy, 'California
December 21, 1964
The regu 1 a r meet i ng of the City. Counc i I was ca 11 ed to order by H is Honor
Kenneth L. Petersen at 8:01 p.m.
Present: Council Members: George T. Duffin, Chester R. Eckard, Norman
B. Goodrich, Wilford E. Jordan, Charles F. Quartiroli, Everett C. Wentworth,
and Kenneth L. Petersen.
The Mayor asked if all Council Members present had received copies of
the regul a r meet i ng of December 7, 1964. All Counc i f Members answered in the
affirmative. The Mayor asked if any errors or omi~sions were rioted in the
minutes as presented. No errors or omissions were noted. The Mayor declared
the minutes of the regular meeting of December 7, 1964 approved.
The Mayor stated that it was the time and place shceduleo for the Pub-
I ic Hearing on the proposed annexatiorl'of the "Tenth Western Addi tion".
The Mayor asked if anyone in the audience wished to speak for or against
the proposal. There was no comment from anyone in the audience.
Motion was made by Coucatlman Quartrroli seconded ~yCouncilman Eckard
and carried to close the public hearing.
The Mayor stated that the necessary resolutions eegarding annexation of
the above proposal would be presented at the time the City Attorney arrived.
The Mayor stated that it was the time and place scheduled for the Pub-
lic Hearing on the proposed rezoning of 1.5 acre parcel of property belonging
to Joseph G. McCormack, located at the South-wes t corner of Sixth Street and
Mi Iler Avenue.
City Administrator Wood presented and read the Resolution of the Plan-
ning Commission approving the rezoning proposal.
Director of Public Works Kludt pointed out the location of the proposal
on the map displayed on the bulleti'n board.
The Mayor asked if anyone in the audience wished to speak for the pro-
posa 1 .
Dr; Joseph G. McCormack ~ddressed the Council and presented his pro-
posal for rezoning said territory.
The City Attorney arrived and took his seat at the Council table at
8: 14 p.m.
The Mayor asked if others in the aud i ence wi shed to speak for the pro-
posa 1 .
Mr. Ernest Fi 1 ice of 225 Fi I ice Drive addressed the Counciil and spoke
in favor of the p,oposal.
Mr. Otmar Silberstein of 871 West Sixth Street addressed the COuncil
and spoke against the proposal.
Dr. James Neilson, Planning Commissioner, addressed the Council and
clarified a previous statement specifically that at the time Dr. McCormack first
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came to the Planning Commission regarding construction cr a medical building at
the site in question the Commission only gave their personal opinions on the
matter and that no official action had been taken at that time.
Mr. Charles Richardson of 50 Miller Avenue addressed the Council, pre-
sented a diagram of his neighborhood indicating property owners in part of the
area.}opposing and favoring said rezoning proposal. He voiced his opinion disap-
proving rezoning the territory.
. The following persons addressed the Council respectively and spoke against
the proposal: Mr. John Allemand, 801 West Sixth Street; Mrs. Ruth Boe, 251 Miller
Avenue; Mr. John Howorth, 307 North Eigleberry Street; Mr. Otmar Silberstein,
871 West Sixth Street; and Mr. John Stelling, Miller Avenue.
Mr. Edward Peterman, Planning Commissioner, addressed the Council to clarify
what he had previously presented to the Planning Commi.ssion regarding an example
of professional office zoning at the City of Sal inas.
Mr. Otmar Silberstein addressed the Council and presented his views per-
taining to the cited examples of professional office zonings at Salinas.
Further discussion was had regarding the development of medical buildings
at Salinas. Questions were asked in this regard by Councilman Quartiroli, Dr.
McCormack, Mr. Silberstein, and Mr. John Allemand.
The following persons addressed the Council respectively and spoke against
the proposal: Mr. R. H. Heiges of 830 Eschenburg Drive, an unidentified spokes-
man, Mrs. Hzel Heiges of 830 Eschenburg Drive, and Mrs. Ruth Boe of 251 Miller
Avenue.
The Mayor asked if anyone in the audience wished to speak for the proposal.
The following persons addressed the Council respectively and spoke in
favor of the proposed rezoning: Mrs. Gloria Rizzi of 270 Miller Avenue; Dr. Mc
Cormack clarified a point regarding the petitions presented in favor of the
rezoning.
Mr. Mark Kennedy, Planning Commissioner, addressed the Council and clarified
several points regarding the rezoning proposal in reference to the Planning
Commissions' reasoning for recommending approval of the rezoning request.
Mr. Justin Byers of 195 North Princevalle Street addressed the Council and
spoke in favor of the proposal.
Dr. James Neilson,Planning Commissioner presented and read the zoning
regulations regarding lIC-O" District and stated Commissions' consideration to
change terminology of "C-O" (Commercial Office) to "R-O" (ReSidential Office);
Mr. Bernsted Water, Architect for the proposed Medical Building addressed
the Council and answered questions regarding the proposed buil& ng.
Questions asked by Council members were answered by Dr. McCormack regard-
ing the proposed Medical Bui lding.
Mr. John Howorth and Mr. John Allemand respectively addressed the Council
and spoke against said proposal.
Dr. J. C. Bunning of 391 Rea Street addressed the Council to clarify the
newspaper article signed by members of the Wheeler Hospital Staff stating no
intention was made to take a stand on the proposed rezoning one way or other.
Mr. John Allemand, Mrs. Ruth Boe, .Mrs. Steve Brem, and Mr. Otmar Silber-
stein respectively spoke against said proposal.
City Administrator Wood presented and read the headings of petitions in
favor and in opposition to the said rezoning request.
The City Attorney stated that the form of the petitions presented were
not illegal. He explained that the Zoning Ordinance does not provide for
petitions for or against said matters. He further stated that the effect of
such petitions was as evidence of public opinion and as such are subject to
interpretation by the Council.
City Administrator Wood read oneletter in protest received subsequent
to the Planning Commission Hearing and asked if the proponents or oppoQents wished
to have letters previously read at the Planning Commission Hearing favoring
and opposing said rezoning read at this hearing. The reading of sajd priGr
letters were waived by both proponents and opponents as they had previously
been presented to the Planning Commission and submjtted to the Council through
the report of the Planning Commission.
City Administrator Wood discussed the Zoning Ordinance regulations of
a IIC-O" zoning in a residential area.
Discussion was had by Commissioners' Kennedy and Neilson.
Mr. John Allemand and Mr. Otmar Silberstein respectively spoke against
said proposal.
At 9:5~ p.m. motion was made by Councilman Duffin seconded by Councilman
Eckard and carried to close the Public Hearing.
Discussion was. had by the Counci 1 00 the rezoning request.
The City Attorney presented and read a proposed Ordinance rezoning 1.5
acre parcel of property belonging to Joseph-G. McCormack from "R-J" to "C-O"
Di s tri ct.
Motion was made by Councilman Eckard seconded by Councilman Jordan and
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carried by the following Roll Call vote that the ordinance be introduced and
published by title and summary:
Ayes: Council Members: Duffin,Eckard,Goodrich,Jordan,Quartiroli, Went-
Worth, and Petersen.
Noes; Council Members: None
Absent: Council Member.s; None
The Mayor thanked those in the audience for attending the Public Hearing.
The Mayor called for a recess at 10:14 p.m.
The Mayor called the meeting to order at 10:16 p.m.
The City Attorney presented and read Resolution No. 879.
Motion was made by Counci lman Wentworth seconded by Counci Iman Eckard to
adopt Resolution No. 879.
RESOLUTION NO. 879
RESOLUTION DECLARING THAT NO MAJORITY PROTEST HAS BEEN MADE TO THE ANNEXATION
OF TERRITORY DESIGNATED IN THE PROCEEDINGS AS IITENTH WESTERN ADDITION TO THE
CITY OF GILROY"
PASSED AND ADOPTED immediately following the hearing mentioned in the
above Resolution this 21st day of December, 1964, by the following vote:
AYES: COUNCIL MEMBERS: Duffin,Eckard,Goodrich,Jordan,Quartiroli ,Wentworth,
and Petersen.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The City Attorney presented and read Resolution No. 880. Motion was
made by Councilman Wentworth seconded by Councilman Quartiroli to adopt Reso-
lution No. 880.
RESOLUTION NO. 880
A RESOLUTION PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF
GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED
AS "TENTH WESTERN ADDITION' TO THE CITY OF GILROY" AND FOR THE INCORPORATION
OF SUCH ANNEXED TERRITORY IN AND AS Pi PART OF SUCH MUNICIPALITY FOR THE GOVERN-
MENT AND MUNICIPAL CONTROL THEREOF.
PASSED AND ADOPTED this 21st day of December, 1964, by the following vote:
AYES: COUNCIL MEMBERS: Duffin,Eckard,Goodrich,Jordan,Quartiroli ,Wentworth,
and Petersen.
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
NOES:
ABSENT:
A petition from Mildred & Horace Willard and Donald Manzo was presented
requesting annexation of 5.508 acre parcel of land to be known as "Elevernth
Western Addition to the City of Gilr.oy".
The City Attorney presented and read Resolution No. 881.
Motion was made by Councilman Quartiroli seconded by Councilman Jordan
to adopt Resolution No. 881.
RESOLUTION NO. 881
RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO CITY OF GILROY OF UNINHABI-
TED TERRITORY DESCRIBED HEREIN AND DESIGNATED l'ElEVENTH WESTERN ADDITION TO
THE CITY OF GILROY" AND GIVING NOTICE OF TIME AND PLACE OF HEARING OF PROTESTS
THERETO.
PASSED AND ADOPTED this 21st day of December, 1964, by the following vote:
AYES: COUNCIL MEMBERS: Duffin,Eckard,Goodrich,Jordan,Quartiroli ,Wentworth,
and Petersen.
NOES: COUNCIL MEMBERS: NODe
ABSENT: COUNC I L MEMBERS: None
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A letter from the local Campaign Director of the March of Dimes Founda-
tion was presented requesting a proclamation designating January as official
"~arch of Dimes" month.
Motion was made by Councilman Duffin seconded by Councilman Wentworth
and carried that the City proclaim January as official "Marchoof Dimes'l month.
City Administrator Wood presented letters from the Cities of Palo Alto
and San Jose regarding Room Tax Ordinance. Discussion was had.
Motion was made by Counci lman Eckard seconded by Counci Iman Jordan and
carried to instruct the Staff to. inform the Inter-City Council of the Councils'
approval of the proposal if the majority of cities adopt the Room Tax Ordinance.
Secretary of the Planning Commission Kludt presented the report of the
j
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Planning Commission meeting of December 17, 1964 in which request from George J.
Abdou Jr.. to rezone the South-east corner of Tenth and Church Streets from "R-311
to "C-2" was denied; requesting the Council to declare a moratorium on any new
service station pending adoption of an amendment to the Zoning Ordinance requir-
ing them as a conditional use in all Commercial Zones and until such time an
architectural control provision can be provided; and inviting the Council to
attend their work meeting of January 21, 1965, to discuss future park sites from
land developers.
The Council accepted the Planning Commissions' invitation to attend
their :work meeting to discuss future park sites from land developers and at the
same time discuss the service station proposal.
City Administrator Wood reported on and recommended that the Card Room
License application of Earl Steward at 19 South Monterey Street be tabled to
allow for further investigation of the applicant. The matter was tabled.
City Administrator Wood reported on ahd recommended that the Card Room
License application of Jimmie C. Queen at 31 South Monterey Street be tabled to
allow for further investigation of the applicant. The matter was tabled.
City Administrator Wood reported on and recommended approval of a Pri-
vate Patrol Service application of Hallmark Security Service.
Discussion was had.
Mr. Wilson Todd, President of Hallmark Security Service addressed the
Council and explained procedures pertaining to his Patrol Service.
Motion was made by Councilman Quartiroli seconded by Councilman Went-
'worth and carried to approve the application for Private Patrol Service of Hall-
mark Security Service.
Commissioner Kennedy was excued at 11:05 p.m.
The report of Disbursements from November 10, 1964 to December 10,
1964 were noted and ordered filed.
The summary of monthly reports was noted and ordered filed.
City Administrator Wood reported on and recommended appointment of a
Council Committee to study Phase I( of the South County Sewerage System Plan-
ning Study.
The Mayor appointed Councilmen Wentworth, Goodrich, and Quartiroli
to study the matter and discuss the same with Morgan Hill.
City Administrator Wood presented and read Resolution No. 882.
Discussion was had.
Motion was made by Councilman Eckard seconded by Councilman Wentworth
to adopt Resolution No. 882.
RESOLUTION NO. 882
A RESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE
ACQUISITION OF CERTAIN LAND AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEED-
INGS FOR PARKING DISTRICT #1.
PASSED AND ADOPTED this 21st day of Decmeber, 1964, by the following vote:
AYES: COUNCIL MEMBERS: Duffin,Eckard,Goodrich,Jordan,Quartrioli ,Wentworth,
and Petersen.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
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City Administrator Wood reported on and recommended ~udget amendments
to the Library and Animal Control Accounis:
Mot i on' was made by Counc i"lman Quarti ro 1 i seconded by Counc i Iman Wen t-
worth and carried to amend the 1964-65 Budget in the amount of $407.50 to
increase Account 19C3 ai recommended. .
Motion was made by Councilman Eckard seconded by Councilman Wentworth
and carried to amend the 1964-65 Budget in the amount of $2,.125.75 to increase
Account 17C4 as recommended.
The Citi Clerk presented Resolution No. 883.
Motion was made by Councilman Eckard seconded by Councilman Goodrich
that the reading of Resolution No. 883 be waived and that it be adopted.
RESOLUTION NO. 883
A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY WITHDRAWING FROM THE GILROY
RURAL F1RE PROTECTION DISTRICT TtRRITORY THEREIN RECENTLY ANNEXED TO THE CITY
OF GILROY UNDER THE DESIGNATION "THIRD SOUTHERN ADDITION TO THE CITY OF GILROY"
PASSED AND'ADOPTED this 21st day of December, 1964, by the foJlowing v~te:
AYES: COUNCIL MEMBERS: Duffin,Eckard,Goodrich,Jordan,Quarti rol i ,Wentworth,
and Petersen.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The City Clerk presented Ordinance No. 729 previously read.
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Mot i.onwas. made by Counc i 1 man Goodr ich seconded by Counc i 1 man Qua rt i ro 1 i
that the reading of Ordinance No. 729 be waived and that it be adopted,
ORDINANCE NO. 729
ORDINANCE OF THE CITY OF GILROY AMENDING ORDINANCE NO. 711 (ZONING ORDINANCE)
BY REZONING FROM R-3 (LOW DENSITY MULTIPLE RESIDENCE) DISTRICT TO C-2 (GENERAL
COMMERCIAL) DISTRICT THE WESTERLY ONE-HALF OF BLOCK 4 SOUTH OF RANGE 1 WEST OF
THE CITY OF GILROY.
PASSED AND ADOPTED this 21st day of December, 1964, by the following vote:
AYES: COUNCIL MEMBERS: Duffin>Eckard,Goodrich,Jordan,Quartiroli,Wentworth,
and Petersen.
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
NOES:
ABSENT:.
The City Clerk presented and read the Commissioners whose terms expire
December 31, 1964. The Mayor r.ecommended reappointment of said Commissiorers.
Motion was made by Councilman Goodrich seconded by Councilman Quartiroli
and carried that the Mayor reappoint the following eommissioners for a 4 year
term: E. D. Martin, Planning Commission; George Parrish, Parks & Recreation;
Donald Strahl, Personnel; and Armand White, Libraoy & Culture.
The City Attorney presented a Garbage Agreement for appcoval and pre-
sented and read a proposed ordinance outlining the proposed changes of the
Garbage Contract. The Agreement was approved pending the Contractor's approval.
Motion was made by Councilman Wentworth seconded ,by Counci.lman Duffin
and carried that the ordinance be introduced and published by title and summary.
The introduction of an ordinance authorizing and setting forth the
citation procedure for the violation of any City ordinance was tabled.
1he introduction of an animal control ordinance amendment was tabled.
City Administrator Wood reported on a proposed petition of annexation
of 127+ acres of territory to be known as flFourth Southern Additionfl.
Discussion was had regarding the possibility of annexing land to the
north of Gilroy, property belonging to Mr. E. F. Driscoll Jr. Discussion was
had regarding the possibility of providing sewer facilities to the same area.
A publication of the Santa Clara County Planning Department (No. 32
Nov-Dec. 164) was noted and ordered fi led. .
A request from the Santa Clara County Welfare Department for an amend-
ment to the Building Code was referred to Staff for study and recommendation.
At 11:46 p.m. motion was made by Councilman Goodrich secon2ed b
Councilman Wentworth and carri~d to adjourn.
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( , ~
/ Clerk