Minutes 1965/04/20
2437
Gilroy, California
Apr i 1 20, 1965
This regular Council Meeting was called to order by His Honor Kenneth
L. Petersen at 8:00 p.m.
Present: Council Members: George T. Duffin, Wilford E. Jordan, Charles
F. Quartirol i, Everett C. Wentworth, and Kenneth L. Petersen.
Absent: Council Members: Chester R. Eckard and Norman B. Goodrich.
The Mayor asked if all Council Members present had received copies of
the minutes of the regular meeting of April 5, 1965. All Council Members present
answered in the affirmative. The Mayor asked if ther were any errors or omis-
sions in the minutes as presented. No errors or omissions were noted. The Mayor
declared the minutes of the regular meeting of April 5, 1965 approved.
The Mayor stat~d that it was the time and place scheduled for the
Publ ic Hearing on a proposal to adopt Official Plan Lines for Hecker Pass Road,
First Street, "State Route 152" from Hanna Street to Morey Avenue. Director of
Publ ic Works Kludt explained the location of said proposal. 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 Councilman Jordan seconded by Councilman Wentworth
to close the Publ ic Hearing.
The City Attorney presented and read a proposed ordinance adopting
Official Plan Lines on Hecker Pass Road from Hanna Street to Morey Avenue.
Motion was made by Councilman Duffin seconded by Councilman Wentworth
and carried that the ordinance be introduced and publ ished by title and summary.
2488
The Mayor stated that it was the time and place scheduled for a Public
Hearing on the proposal to rezone property of Joseph J. and Domenic P. Masini
located on Tenth Street to be rezoned from IR-3" Low Density Multiple Residence
District to IC-2" General Commercial District. Director of Public Works Kludt
explained .the location of the proposed rezoning. The Mayor asked if anyone in
the audience wished to speak for or against the proposal. There was no comment
from anyone in the audie~ce.
Motion was made by Councilman Wentworth seconded by Councilman Duffin
and carried to close the Publ ic Hearing.
The City Attorney presen~ed and read a proposed ordinance rezoning
property on Tenth Street from IR-3" to IC-2".
Motion was made by Councilman Wentworth seconded by Councilman Jordan
and carried that the ordinance be i~troduced and published by title and summary.
The Mayor stated that it was the time and place scheduled for a Public
Hearing on the proposal to amend Zoning Ordinance No. 711 to require Automobile
Service Stations as a conditional use permit in a tiC-I" District.
City Administrator Wood explained the proposal. Discussion was had.
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 Councilman Duffin seconded by Councilman Wentworth
and carried to close the Publ ic Hearing.
The City Attorney presented and read a proposed ordinace requiring
Automobile Service Stations as a conditional use permit in a "C_111 District.
Motion was made by .Counci lman Duffin seconded by Counci lman Wentworth
and carried that the ordinance be introduced and published by title and summary.
A ,peti tion from Messrs. Albert and Frank Fi 1 ice was presented request-
ing annexation of a 4.258 acre parcel of land to be known as "Rosanna Annexation
No.1 to the City of Gilroy".
The City Attorney presented and read Resolution No. 911.
Motion was made by Councilman Wentworth seconded by Councilman Duffin
to adopt Resol~tion No. 911.
lo.-'
RESOLUTION NO. 911
RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO CITY OF GILROY OF UNINHABITED
TERRITORY DESCRIBED HEREIN AND DESIGNATED "ROSANNA ANNEXATION NO.1 TO THE CITY OF
GILROY" AND GIVING NOTICE OF TIME AND PLACE OF HEARING OF PROTESTS THERETO.
PASSED AND ADOPTED this 20th day of April, 1965, by the following vote:
AYES: COUNCIL MEMBERS: Duffin,Jordan,Quartirol i ,Wentworth, and Petersen.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Eckard and Goodrich
The City Attorney presented and read Resolution No. 912 proposing to
annex on City's own initiative a 40.522 acre parcel of land to be known as
"Miller Avenue Annexation No.1 to the City of Gilrol' belonging to Fenton
O'Connell, San Martin Vineyards Company and the City of Gilroy (Christmas Hill
Park) .
Motion was made by Councilman Duffin seconded by Councilman Wentworth
to adopt Resolution No. 912.
RESOLUTION NO. 912
RESOLUTION DECLARING THE INTENTION OF THE INTENTION OF THE COUNCIL OF THE CITY OF
GILROY TO INITIATE ON ITS OWN MOTION PROCEEDINGS TO ANNEX CERTAIN UNINHABITED
TERR I TORY.
ADOPTED this 20th day of April, 1965, by the following vote:
AYES: COUNCIL MEMBERS: Duffin,Jordan,Quartirol i ,Wentworth, and Petersen.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Eckard and Goodrich
The City Attorney presented and read Resolution No. 913.
Motion was made by Councilman Wentworth seconded by Councilman Duffin
to adopt Resolution No. 913.
",~.~..'
RESOLUTION NO. 913
RESOLUTION DECLARING THAT PROCEEDINGS HAVE BEEN INITIATED BY THE COUNCIL OF THE
CITY OF GILROY TO ANNEX TO SAID CITY CERTAIN UNINHABITED TERRITORY DESCRIBED
HEREIN AND DESIGNATED 'IMILLER AVENUE ANNEXATION NO. 1" AND GIVING NOTICE OF THE
PROPOSED ANNEXATION.
ADOPTED this 20th day of April, 1965, by the following vote:
AYES: COUNCIL MEMBERS: Duffin,Jordan,Quartiroli ,Wentworth, and Petersen.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Eckard and Goodrich
,~
"~
!~~.!lK
~)~ ! ') 0
b' "-: U ~J
The report of the Planning Commission meeting of April 15, 1965 was
presented and explained by City Administrator Wood re: recommendation to rezone
a 129 acre parcel from "R-l" to "M_211 belonging to Donald Engle and J. Wilbur
Jones located on Luchessa Lane.
The City Attorney presented and read Resolution No. 914.
Motion was made by Councilman Duffin seconded by Councilman Wentworth
to adopt Resolution No. 914.
RESOLUTION NO. 914
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY SETTING TIME AND PLACE OF HEARING
OF THE REPORT AND RECOMMENDATION OF THE PLANNING COMMISSION OF SAID CITY UPON THE
APPLICATION TO REZONE PREMISES CONSTITUTING THE FOURTH SOUTHERN ADDITION OF THE
CITY OF GILROY FROM Rl DISTRICT TD M2 DISTRICT.
PASSED AND ADOPTED this 20th day of April, 1965, by the following vote:
AYES: COUNCIL MEMBERS: Duffin,Jordan, Quartiroli ,Wentworth, and Petersen.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Eckard and Goodrich
The Planning Commission further recommended establishment of "R-3X"
High Density Multiple Residential District. The Council authorized the Planning
Commission to proceed with "R-3XII establishment. "
The Planning Commission further reported on a minimum lot Size pro-
posal; proposal to change Commercial Office District designation (Councjl con-
curred with said proposal); proposal to establ ish interim zoning for annexed
property (Council concurred with said proposal).
The summary of monthly reports was noted and ordered filed.
The report of Disbursements from March 10, 1965 to April 10, 1965 was
presented and discussed. Motion was made by Councilman Jordan seconded by
Councilman Quartiro1i and carried to approve the report of disbursements.
City Administrator Wood reported on a Meeting in re: to Proposed High-
way Route 101. City Administrator Wood presented and read Resolution No. 915.
Discussion was had.
Motion was made by Councilman Duffin seconded by Councilman Quartiroli
to adopt Resolution No. 915.
RESOLUTION NO. 915
A RESOLUTION URGING THE CALIFORNIA STATE HIGHWAY COMMISSION TO ADOPT AN EA~LY
SCHEDULE FOR THE IMPROVEMENT OF ROUTE 101 TO A FREEWAY STATUS BYPASSING THE
CITIES OF GILROY AND MORGAN HILL, CALIFORNIA.
PASSED AND ADOPTED this 20th day of April, 1965 by the following vote:
AYES: COUNCIL MEMBERS: Duffin,Jordan,Quartirol i ,Wentworth, and Petersen.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Eckard and Goodrich
City Administrator Wood reported on the Supplemental South County
Sewage Study by A. D. Little, Inc.
City Administrator Wood recommended step increase in the salary pay
plan for Albert L. Brittain, Fire Chief, Range 27.3 Step "C" $663.00 to Step "DII
$696.00 effective April 1, 1965.
Motion was made by Councilman Quartirol i seconded by Councilman
Wentworth to approve the salary advancement for Albert L. Brittain as recommended.
Chief Brittain invited the Council to view the rehabil itation of the
Fi re Station.
City Administrator Wood requested an Executive Session to review a
Proposed Settlement Under Parking District Suit: re: Parcels "B" and IICII follow-
ing the agenda. Council concurred with said request.
City Administrator Wood recommended final payment less 10% retention
for 35 days to Jack Ehrich, contractor for the Animal Shelter located at the
Sewer Farm.
Motion was made by Councilman Wentworth seconded by Councilman Duffin
and carried that final payment be authorized to Jack Ehrich as recommended.
The City Attorney presented and read a proposed ordinance requiring
furture developers to extend and install fire alarm box protection equipment
for high value and high 1 ife hazard areas at the developers expense.
Motion was made by Councilman Duffin seconded by Councilman Wentworth
and carried that the proposed ordinance be introduced and publ ished by title and
summary.
Ordinance No. 736 previously read and published by title and summary
requiring 1 icensing of dogs at 4 months of age was presented.
Motion was made by Councilman Wentworth seconded by Councilman Duffin
that the reading of Ordinance No. 736 be waived and that it be adopted.
2440
ORDINANCE NO. 736
ORDINANCE AMENDING SUBSECTION (a) OF SEC. 3.01 OF ORDINANCE NO. 733 (ANIMAL
CONTROL ORDINANCE OF THE CITY OF GILROY) BY PROVIDING THAT A LICENSE BE PROCURED
FOR EACH DOG IN THE CITY OF GILROY OVER THE AGE OF FOUR MONTHS.
This ordinance was regularly introduced at a meeting of the City Council of the
City of Gilroy on the 5th day of April, 1965. It was regularly passed and
adopted by the Council of said City on the 20th day of April, 1965, by the
following roll call vote:
AYES: COUNCIL MEMBERS: Duffin,Jordan,Quartitol i ,Wentworth, and Petersen.
NOES: COUNC I L MEMBERS: None
ABSENT: COUNCIL MEMBERS: Eckard and Goodrich. ...
The Mayor recommended the appointment of James V. Cecil ian, D.D. S. to
the Library and Culture Commission to fill the vacancy created by Armand White,
term to expire January 1, 1969.
Motion was made by Councilman Wentworth seconded by Councilman Duffin
and carried that James V. Cecil ian be appointed to the Library and Culture Com-
mission as recommended.
A proposed ordinance establ ishing the Closing Time for City Parks
was presented, copies of same presented to each Council Member with the agenda.
Motion was made by Councilman Quartiroli seconded by Councilman Jordan
and carried that the proposed ordinance be introduced and published by title and
summary.
The Mayor stated that it was the time and place to Canvass the returns
of the General Municipal Election of April 13, 1965.
The Mayor appointed the following on the Canvassing Board: Councilman
Wentworth - Inspector; Ci ty Attorney - Judge; Counci lman Jordan -'Clerk; Mayor
Petersen - Clerk.
The results of the Election were canvassed.
The City Attorney presented and read Resolution No. 916.
Motion was made by Councilman Jordan seconded by Councilman Wentworth
to adopt Resolution No. 916.
RESOLUTION NO. 916
RESOLUTION AND ORDER CANVASSING VOTES CAST FOR AN ELECTION
HELD APRIL 13, 1965, FOR THREE MEMBERS OF THE COUNCIL OF THE
CITY OF GILROY AND UPON "MEASURE All (REFERENDUM AGAINST
ORDINANCE NO. 730, AMENDING THE ZONING ORDINANCE OF THE CITY
OF GILROY, BECDMING EFFECTIVE) AND DECLARING THE ELECTION OF SAID
MEMBERS OF THE COUNCIL AND THE RESULT OF THE SAID REFERENDUM
WHEREAS, the regular municipal election for the election of three
members of the Council of the City of Gilroy, at which election the
electors also voted upon "Measure A'I submitted to the electors, the same
being a referendum against permitting Ordinance No. 730 of the City of
Gilroy, adopted on the 4th day of January, 1965, from becoming effective,
was held in the City of Gilroy on the 13th day of April, 1965, in accord-
ance with the provisions of the Charter of the City of Gilroy and pursuant
to law and to due and legal notice given of the said election; and
WHEREAS, all of the absentee ballots appl ied for at said election
have been voted and returned to the City Clerk except one; and
WHEREAS, the Council of the City of Gilroy has, on the 20th day of
April, 1965, canvassed the returns of said election, including absentee
votes, and found and ascertained that the total number of votes, includ-
ing absentee votes, cast at said election was 2,242; that the number of votes
cast in Precinct A was 601; that the number of votes cast in Precinct B
was 441; ~hat the number of votes cast in Precinct C was 267; that the
number of votes cast in Precinct D was 303; and that the number of votes
cast in Precinct E was 596; and
WHEREAS, the said Council of the City of Gilroy did proceed to also
canvass the absentee ballots cast in said election and found and ascer-
tained that the total number of absentee ballots issue~ for said election
was 35; that all of said absentee ballots have been returned or received
except one, and that the total number of absentee ballots cast at said
election was 34; and that the following named persons received the total
number of votes set opposite their respective names for the respective
office for which they were candidates, to wit:
Total Vote
excluding
Absentee Vote
FOR COUNCILMEMBERS
Absentee
Vote
Total
Votes
Cast
George T. Duff i n
845
16
861
~~~
)
/
-
lloi"!~
FOR COUNCILMEMBERS
Charles F. Quartiroli
John E. Allemand
Joseph G. Allen
Fred Baker
Alex Balanesi
Raymond Barragan
James V. Cecil ian,DDS
Hannah R. Costello
Gui llermo (Wi 11 ie) Vi llasana
and,
O_6~ '~_~~:_~:~;CHIIii.~-
l'~~M!
2441
Total Vote
excluding
Absentee Vote
Total
Votes
Cast
Absentee
Vote
801
816
146
672
730
253
739
530
420
803
830
146
692
739
255
747
534
430
2
14
o
20
9
2
8
4
10
WHEREAS, at said election there was submitted to the electors of the said
City a proposition designated as "Measure N', a referendum upon the question of
whether Ordinance 730, adopted by the Council of the City of Gilroy on January 4,
1965, amending the. Zoning Ordinance of said City by removing from Rl (Single
Family Residence) District and placing in CO (Commercial Office) District combined
with "S" .Area regulations 1.5 acres of land located along the westerly 1 ine of
Miller Avenue and the southerly line of the westerly extension of Sixth Street,
forming a part of Ninth Western Addition to the City of Gilroy, shall become
effective; and
WHEREAS, the total number of votes cast upon said "Measure A" was 2,153
votes, of which 1,014 votes were "Yesll or in favor of the adoption of said
Ordinance, and 1,139 were IINo" or against the adoption of said ordinance and that
of the absentee ballots cast, 10 votes were "Yesll or in favor of the adoption of
the said ordinance, and 23 votes were "Noll or against the adoption of said
ordinance and that the total number of votes cast upon said "Measure A" were 2,186,
of which 1,024 were "Yes" votes or votes in favor of the adoption of said
ordinance, and 1,162 were "No" votes or votes against the adoption of said
ordinance; and
WHEREAS, it appears from the said canvass and the records of the Council
of the City of Gilroy that all of the above candidates were duly nominated to the
above office for which they were candidates and that GEORGE T. DUFFIN, JOHN E.
ALLEMAND AND CHARLES F. QUARTIROLI received the majority of all votes cast for the
office of councilmembers of the City of Gilroy and that the said GEORGE T. DUFFIN,
JOHN E. ALLEMAND AND CHARLES F. QUARTIROLI were the three candidates receiving
the highest number of votes; and
WHEREAS, it appears from said canvass and the records of said Council of
the City of Gilroy that the proposition submitted to the electors, as embraced
within said "Measure A", as hereinbefore defined, received 1,162 "No" votes and
1 ,024 IIYesl1 votes;
IT IS THEREFORE ORDERED AND DECLARED that said GEORGE T. DUFFIN, CHARLES F.
QUARTIROLI and JOHN E. ALLEMAND have been and are duly elected to the office of
Councilmember of the City of Gilroy, for the term expiring on the 2nd Tuesday of
April, 1969, and that the City Clerk of the City of Gilroy immediately sign and
del iver to each person so elected a certificate of election; and
BE IT FURTHER RESOLVED, ORDERED AND DECLARED that said Ordinance 730 of
the City of Gilroy, adopted on the 4th day of January, 1965, was rejected by the
voters of said City at said election and shall not become effective as adopted.
ADOPTED, PASSED AND ORDERED this 20th day of April, 1965 by the following
vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Duffin,Jordan,Quartiroli ,Wentworth, and Petersen.
None
Eckard and Goodrich.
APPROVED: K. L. Petersen
Mayor
ATTEST: Susanne E. Payne
City Clerk
The Mayor presented a Certificate of Service and a gift to retiring
Councilman Wilford E. Jordan.
Councilman Jordan addressed the Council and expressed his appreciation
for the gift and for working with the Council and Administrative Staff.
Motion was made by Councilman Wentworth seconded by Councilman Duffin
and carried to adjourn Sine Die.
The City Clerk del ivered the Certificate of Election and Oath of
Office to the newly elected Councilmen John E. Allemand, George T. Duffin and
Char 1 es F. Quart i ro 1 i.
The Mayor called the meeting to order at 10: 14 p.m.
Present: Council Members: John E. Allemand, George T. Duffin, Charles
F. Quartirol i, Everett C. Wentworth, and Kenneth L. Petersen.
Absent: Council Members: Chester R. Eckard and Norman B. Goodrich.
'~44'J.
__ __~ ,:..J
Motion was made by Councilman Duffin seconded by CouncilmQ~ Quartirol i
and carried tJ,at Councilman Everett ;:. ldentlJ'/orth be appointed as tiayor Procempore.
City i'dministrator Wood prf.;;sented a req.uest from the City. of Long
Beach for Support of a State Constitutional Amendment to Levy 2~~ G.ross ,:eceipt
Tax on Telephone ~ompanies. No action was taken on the matter.
City 4dministrator Wood presented a request from the City of Redding
for Support of A. B. 1218, to Allow Publ ic Agencies to Purchase Private Uti 1 i ties
on an Installment Basis. Discussion was had.
City Administrator Wood reported on a letter from the Division of
Highways in re: to the Intersection of Pierce Street and Highway 101.
The Council instructed the City Administrator to contact the Division
of Highways in regard to proposed Pierce left turn channelization after they fur- ~,
nish additional cost estimates.
Ci ty Administrator Wood presented a request from the Goodwi 11 Indus-
tries to proclaim Goodwill Week.
Motion was made by Councilman Quartirol i seconded by Councilman
Allemand and carried that the Mayor be authorized to proclaim Goodwill Week May
2nd through 8, 1965. ,
City Administrator Wood reported on progress of obtaining an easement
for the water line proposed to provide increase water pressure in the Filice
Drive area.
Director of Publ ic Works Kludt reported on Christmas Hill Park plans.
He stated that the City Staff will be meeting with Mr. Arthur Hyde, Landscaping
Architect on April 21, 1965 at 2:00 p.m.
The City Attorney presented a proposed amendment to the Subdivision
Ordinance. City Administrator Wood reported that said amendment would be dis-
cussed with the Planning Commission prior to presentation to the Council.
Director of Publ ic Works Kludt presented and read a proposed Agree-
ment between the City and the Southern Pacific Railroad Company re: an easement
for construction and maintenance of a new grade crossing at Seventh Street.
Discussion was had.
The City Attorney presented and read Resolution No.917.
Motion was made by Councilman Duffin seconded by Councilman Wentworth
to adopt Resolution No. 917.
RESOLUTION NO. 917
"
....
R~gOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING AGREEMENT BETWEEN
SOUTHERN PACIFIC COMPANY AND THE CITY OF GILROY RELATING TO THE EXTENSION OF
SEVENTH STREET TO OLD GILROY STREET OR ROAD.
PASSED AND ADOPTED this 20th day of April, 1965, by the following vote:
AYES: COUNCIL MEMBERS: Allemand,Duffin,Quartiroli ,Wentworth, and Petersen.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Eckard and Goodrich.
,
The City Attorney presented and read Resolution No. 918.
Motion was made by Councilman Wentworth seconded by Councilman Duffin
to adopt Resolution No. 918.
RESOLUTION NO. 918
RESOLUTION ACCEPTING CONVEYANCE AND CONSENTING TO ITS RECORDATION. (Southern Pacific
Company)
PASSED AND ADOPTED this 20th day of April, 1965, by the following vote:
AYES: COUNCIL MEMBERS: Allemand,Duffin,Quartiroli ,Wentworth, and Petersen.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Eckard and Goodrich
Discussion was had regarding expenditures using Gas Tax monies.
Chief of Pol ice Laizure reported on the Special Traffic Enforcement
Program informing the Council that the months of January and February tabulated
the highest traffic violations on record and the month of March showing the
lowest amount of violations indicating the Special Program and publicity of same
was an important factor of said results.
City Administrator Wood informed the Council of an invitation to
attend the Pol ice Academy Graduation Exercises in Hollister on May 14, 1965.
City Administrator Wood noted the Inter-City Council Meeting of
April 29, 1965 in Sacramento.
City Administrator Wood reported that the City Staff
and any Council Members desiring to attend, the meeting of the
Board, April 23, 1965 in Santa Cruz re: City's application for
regarding industrial waste water treatment.
City Administrator Wood presented an invitation to the Dedication
Ceremonies of the new City Hall in Watsonville April 24, 1965 at 11:00 a.m.
lIII!I!!ll>
'\
would attend,
Water Pollution
minimum standards
,) ..11 (')
.,,~+L;.,....
_ ~, L {.I
Counoilman Wentwo~h was excused from the Council meeting.
At 10:58 p.m. motion was made by Councilman Duffin seconded by
Councilman Quartiroli and carried to adjourn to an Executive Session re:proppsed
settlement under Parking District suit.
The Mayor called the meeting to order at 11:14 p.m.
Present: Council Members: Allemand, Duffin, Quartirol i and Petersen.
Absent: Council Members: Eckard, Goodrich and Wentworth.
Motion was made by Councilman Quartirol i seconded by Councilman
Allemand and carried that the Mayor be authorized to sign a Purchase Agreement
for the Filice and Hall Parcels for Parking District No.1.
Motion was made by Councilman Duffin seconded by Councilman Quartir-
oli and carried that the City Administrator be authorized to advance funds in
the amount of $32,500.00 for the Filice Parcel and $42,500.00 for the Hall
Parcel to the Assessment District with the understanding the City will be reim-
bursed from the proceeds of the District bond sale.
At 11: 15 p.m. motion was made by Councilman Quartirol i seconded by
Councilman Duffin and carried to adjourn.
r'
}'
)
//
~,
\
(~'I-" ,
" /" " -1 ~
.>< .
/./. --_..
l..f'-:"
..~ c
)L
City Clerk