Minutes 1969/01/06
Roll Ca 11
"*"~""
-
Service Award
E. D. Martin
I.
2889
G i 1 roy, Ca 1 i forn i a
January 6, 1969
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: John E. Allemand, Mark E. Kennedy,
Charles F. Quartiroli, Anthony C. Silva, Everett C. Wentworth, and
Norman B. Goodrich.
Absent: Council Members: George T. Duffin.
The Mayor asked Co~ncilman Kennedy to present a meritorious
service award to rettrllJg Planning Commissioner, E. D. "Gene" Martin.
Councilman Kennedy presented same and thanked retiring Commissioner
Martin for many years of dedicated service on the Planning Commission.
The Mayor noted that Parks and Recreation Commissioner George
Parrish1s absence and stated that his service award would be present-
ed to him for his retirement from said Commission at a later date.
The Mayor complimented out-going Planning Commission Chair-
man Dale Stephenson for a job well done as Chairman on said Commission
in 1968.
Intro. new emp. Th~ Mayor introduced new employee Imogene Weneberg, recently
appointed Clerk-Typist.
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South Co.
Conven t i on
Sports Com-
plex
--
Oakland
Co 1 i seum
Tour
City Trees
Minutes
-
......
Pub.. Hear. re:
Albert For-
tino Appeal
re:Variance
denial
The Mayor called upon Mr. Jerry Hamilton, of Metro San Jose
for his presentation on the proposed Convention Sports Complex for
South County. Mr. Hamilton addressed the Council and explained said
proposal, requesting the City to contribute $198.00 toward the pro-
posed study by Stanford Research Institute for said Convention Com-
plex. Motion was made by Counci lman Quarti rol i seconded by Counci 1-
man and carried that $198.00 be allocated to Metro San Jose for the
proposed Convention Complex study.
The Mayor presented an invitation from the San Jose Mercury
News from Joseph Ridder to attend a scheduled tour of the 0akland
Coliseum on January 15, 1969, noting that he would be unable to
attend, requesting a Council Volunteer. Councilman Quartiroli agreed
to represent the City at said Tour.
The Mayor deviated from the Agenda in order to hear a pre-
sentation from Mr. Pasquale LaMacchia present in the audience. Mr.
LaMacchia, addressed the Council and requested the City to replace
the dead trees located in the parkways along certain streets, parti-
cularly Eigleberry, Martin, and Church Str~s. Council took said
request under advisement.
The Minutes of the Regular Meeting of December 16, 1968 were
approved as mailed and recorded.
The Mayor stated that it was the time and place scheduled on
an Appeal of Albert Fortino from the Decision of the Planning Com-
mission on an application for a Variance. Director of Public Works
Henry and City Administrator Wood explained the Planning Commission
decision on said variance action and findings.
Mr. E.H. Duerr, Architect, addressed the Council and ex-
plained the reasons for said Appeal and complete proposal. Further
discussion was had.
089n
Res.#1301
A. Fortino
Denial of
Variance
Plan. Com.
Report
12/19/68
Plan. Com.
Report
1 /2/69
The Mayor asked if there was anyone further in the audience
wishing to speak for or against the proposal. There was no further
comment from anyone in the audience. Motion was made by Councilman
Kennedy seconded by Councilman Wentworth and carried that the Public
Hearing be closed. Council further discussed said proposal for the
variance request.
At 9:01 p.m. Councilman Duffin entered and took his seat at
the Council table.
....
Further discussion was had in regard to the Appeal for said
Variance. (Albert Fortino) Resolution No. 1301 was presented denying
said Appeal for the Variance. Motion was made by Councilman Wentworth
seconded by Counci lman Allemand that Resolution No. 1301 be adopted..
......
RESOLUTION NO. 1301
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DENYING AN APPEAL
FROM AN ACTION OF THE PLANNING COMMISSION DENYING A VARIANCE TO
REDUCE DENSITY LIMITATION IN AN R3 ZONE FROM 2,000 SQUARE FEET TO
1,733 SQUARE FEET PER UNIT FOR LOTS 116, 117, and 118, TRACT 3583,
EL CERRITO WAY.
PASSED AND ADOPTED this 6th day of January, 1969, by the following
vote:
AYES:
COUNCIL MEMBERS:
Allemand, Duffin, Quartiroli,
Goodrich.
KEn nedy and S i 1 va.
None
Wentwor th, and
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Motion was made by Councilman Wentworth seconded by Council-
man Allemand and carried that the Planning Commission be requested
to study the Zoning Ordinance section prohibiting allowance of said
requested Variance suggesting that said Section be amended to allow
a variance of footage requirements for development of adjoining lots
merged to form one lot such as presented in the Variance application
of Albert Fortino, and further recommending that the Planning Com-
mission study the Zoning Ordinance requirement of lot coverage. It
was noted that the Variance request of Albert Fortino could not be
allowed without, violating the present Zoning Ordinance requirements.
......
.....
Secretary of the Planning Commission Henry presented and ex-
plained the Planning Commission Report of the regular meeting of
December 19, 1968 recommending rezoning of five (5) acres on Hecker
Pass Highway (1st St.) opposite Town Plaza Shopping Center from
R-l to $-3, Low Density Residence District, property belonging to
Gilroy Development Co.; informing Council of Public Hearings held on
rezoning request of Ben Morton to rezone 7 acres west of Wren Avenue
opposite El Cerrito Way from R-l to R-3 and continued to January 2,
1969 and again continued to January 16, 1969 to resolve Wren Avenue
alignment and possibly amend the Circulation Element of the General
Plan; recommending rezoning request of Gemma Garbini to rezone ap-
proximately 1.4 acres at the northeast corner of Murray Avenue and
Leavesley Road from R-A, Residence Agricultural District to C-l,
Neighborhood Commercial District; recommending amendment to "the Zoning
Ordinance to eliminate oil macadam surfacing; recommending approval
of the Tentative Map of George Duffin for property near the northwest
corner of Morey Avenue and Hecker Pass Highway (1st St.) subject to
certain changes outlined by Secretary of the Planning Commission; in-
forming Council of approval of a requested home occupation by Mrs.
HowaJReed at 60 South Princevalle Street to conduct an Income Tax
Business at said location; and noting resolution adopted in honor of
retiring Commissioner E. D. Martin.
.....
-
Secretary of the Planning Commission Henry presented and ex-
plained the Report of the Planning Commission regular meeting of
January 2, 1969 noting presentation of a resolution to Commissioner
Martin; introduction of new Commissioner Trevis Betty; noting the
public hearing continued regarding Ben Morton1s rezoning request
(to 1~16~69); informing Council of a Conditional Use Permit granted
Dennis DeBell to allow an R-e, Low Density Residence District usage
in an M-2, Light Industrial District for property on North Forest
...",,-,(-i'l~
Pub.Hear. re:
G i 1 roy Dev.
Co. rezoning
""-'"
Pub. Hear.
G. Garb:j:n i
rezoning
Pub. Hear.
Zon.Ord.
amendment-
el imination
oil macadam
Approval of
Ten tat i ve
Map-G.Duffin
prop. Morey
Ave.& 1st St.
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......
Library & Cul-
ture Com
Meet i ng
12/3/68
2891
Street, south of Leavesley Road; informing Council of a Variance re-
quest denied Paul Pelliccione to construct eight (8) dwelling units
rather than seven (7) on property zoned R-3 located at the southwest
corner of Carmel Street ~nd Broadway; informed Council of the con-
tinued Public Hearing to January 16, 1969 regarding the proposed
Planned Unit Development Ordinance; and noting Chairmanship election
of William Childers for 1969.
Motion was made by Councilman Duffin seconded by Councilman
Wentworth and carried that January 20, 1969 be set as a Public Hearing
date on the proposal of Gilroy Development Co. to rezone 5 acres on
Hecker Pass Highway (1st St.) from R-l to R-3.
re: Motion was made by Councilman Wentworth seconded by Council-
man Silva and carried that January 20, 1969 be set as a Public Hear-
ing date on the proposal of Gemma Garbini to rezone 1.4 acres at
the northeast corner of Murray Avenue and Leavesley Road from R-A to
C-1.
re: Motion was made by Councilman Duffin seconded by Councilman
Silva and carried that January 20, 1969 be set as a Public Hearing
date on the proposal to amend Zoning Ordinance No. 711 to eliminate
of oil macadam surfacing.
Motion was made by Councilman Wentworth seconded by Council-
man Kennedy and carried that the Tentative Map of George Duffin1s
property near the northwest corner of Morey Avenue and Hecker Pass
Hwy (1st St.) be approved as recommended by the Planning Commission,
subject to the changes and stipulations as outlined in the report of
said Commission and further explained by Secretary of the Planning
Commission Henry, specifically as follows: 1. Changing the first
cul-de-sac to a through street; 2. requiring the developer to comply
to County expressway requirement~; 3. requiring street wi~ths on
cul-de-sacs to be a minimum of 40 feet between curbs on a 52 foot
right-of-way. Requiring monolithic sidewalks; and 4. Requiring
sewage and dra i nage fac i 1 i't i es approva 1 pr i or to approval of the
Final Map. Councilman Duffin did not enter into discussion or voting
on said Tentative Map. Councilman Duffin orally explained his titled
interest in the property.
The Library & Culture Commission report of the December 3,
1968 Meeting was noted, informing Council of book circulation
decrease compared to November 1967; noting tour of Library by dif-
ferent schools; noting progress report on consolidation and expan-
sion of the library; recommending proposed Lease Agreement on exist-
ing facilities to be presented to City Council for Approval of same
Heard from Chief Librarian Supervisor, Mary L. Goshert, noting
her retirement from the Library on January 31, 1969.
Personnel Com. The Personnel Commission report of the December 18, 1968
meeting was n~ted, informing Council of progress in regard to recruitment
of a Planning Assistant or Aide; noting recent personnel changes;
noting report to Commission on status of Dionicio Perez, presently
on sick leave; report on status of Raymond Fortado re: retirement;
report that Richard Lake will return from Military Leave of Absence
during January 1969; noting discussion of model ordinance of League
of California Cities regarding employer-employee relations; and
noting report of dividend to be received from California-Western
States Life Insurance Co.
:.~~
P. & R. Com.
Meet.
1 21 1 7/68
The Parks and Recreation Commission report of the December
17, 1968 Meeting was noted, informing Council of review of a mont~ly
report and discussion on particular programs and projects; report
on Christmas activities; noting formation of a Basketball Rules Com-
mittee to investigate eligibility rules now in effect; informing
Council of discussion of two Tennis Courts to be lighted this spring;
noting retirement of Commissioner George Parrish.
!892
Lease Agree.
re:Existing
Library
Facility
Agree. re:
Planned New
Library
Facility
Public Auction
re:City
property
Ap. re: HUD
Plan. Loan
for Eng.
Studies-So.
Co. Regional
Sewer. Treat.
Plant
Res.#1302
City Administrator Wood presented a proposed Agreement on the
Existing Library Facility. Mr. George Farrier, County Librarian
addressed the Council and further explained said proposed Agreement
noting that approval of same would allow Mary Prien and Esther Went-
worth to be eligible for Social Security due to the fact that part-
time employees of the County are not eligible for same. Motion'~as
made by Councilman Allemand seconded by Councilman Silva that said
Lease Agreement on the Existing Library Facility be approved as pre-
sented and that the Mayor be authorized to execute same on behalf of
the City.
~
Mr. Farrier, further explained the proposed Agreemen~ On the
P.lanned New Library Facility, copies of same included with Council
Agenda. Discussion was had in regard to same with certain recommended
revisions noted. Motion was made by Councilman Allemand second~d by
Councilman Silva and carried that the Agreement on the Planned New
Library Facility be approved subject to revisions discussed and the
City Attorney1s review and approval of same, and that the Mayor be
authorized to execute same on behalf of the City.
......
, j
A report in regard to a recent Public Auction of City owned
vehicles was presented requesting to amend the minimum bid require-
ment of $850.00 to $750.00 for the 1949 Fire Truck. Motion was made
by Councilman Kennedy seconded by Councilman Silva and carried that
the minimum bid of $750.00 for the 1949 Fire Truck be accepted.
City Administrator Wood presented a report requesting authori-
zation to prepare an Application for a H.U.D. Plannigg Loan for Engi-
neering Studies for a South County Regional Sewerage Treatment Plant.
Resolution No. 1302 authorizing fi 1 ing of said appl ication subject to
changes discussed by Council to present an application on a "regional
basis" rather than "City of GilroylMorgan Hill"basis was presented
and appointing the City Administrator as City's correspondent. Motion
was made by Councilman Wentworth seconded by Councilman Silva that
the reading of Resolution No. 1302 be waived and that it be adopted.
....
..
RESOLUTION NO. 1302
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING
FILING OF APPLICATION WITH THE UNITED STATES OF AMERICA FOR AN AD-
VANCE TO PROVIDE FOR THE PLANNING OF PUBLIC WORKS UNDER THE TERMS OF
PUBLIC LAW 560, 83RD CONGRESS OF THE UNITED STATES, AS ~NDED. (RE:
SOUTH COUNTY REGIONAL SEWERAGE TREATMENT PLANT)
PASSED AND ADOPTED this 6yh day of January, 1969, by the following
vote:
AYES:
COUNCIL MEMBERS:
Allemand, Duffin, Kennedy,
Wentworth, and Goodrich.
None
None
Qu a rt i r 0 1 i, S i 1 va,
NOES:
ABSEN T:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Water Samples A Report of satisfactory Water Samples taken by the Santa
Clara County Health Dep~tment was presented and ordered filed.
Proposed Bond
Election
City Administrator Wood presented a Report requesting estab-
lishment of a date for the proposed Bond Election. Motion was made,
by Councilman Wentworth seconded by Councilman Silva and carried that
Staff proceed with legal requLrements in combing the proposed Bond
Election with the General Municipal Election of April 8, 1969.
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..."
State Legislation
info
A Report om.various and recent State Legislation was noted.
Res.#1303 re:
Agree. for
lst&Mil-
ler Signal-
ization
Director of Public Works Henry reported on and requested ap-
proval of a Cooperative Agreement with the State Division of High-
ways in regard to signalization at Miller Avenue and First Street,
noting theCity1s estimated cost for said project to be $11,500.00.
Resolution No. 1303 was presented. Motion was made by Councilman
Wentworth seconded by Councilman, Allemand that the reading of Reso-
lution No. 1303 be waived and that it be adopted.
L
\,..
.~
"
.....,.,.
Imp.re: Mont.
St. Signa-
l ization
Pub.Hear.re:
Weed Abate.
West Coast
Pipe Cases
Res.#1304
_.~
.....,
Annual Report
Po 1 ice Dept.
Ord.#839 re:
Swim. Pool
Servo &
Maint. ,etc.
.....
2893
RESOLUTION NO. 1303
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AGREEING TO
PARTICIPATE IN THE FINANCING OF TRAFFIC SIGNALS AT THE INTERSECTION
OF MILLER AVENUE-WAYLAND LANE WITH FIRST STREET, GILROY, CALIFORNIA.
PASSED AND ADOPTED th i s 6 th day ofJ~nuary, 1969, by the fo 11 ow i ng
vote:
AYES:
COUNCIL MEMBERS:
Allemand, Duffin,
Silva, Wentworth,
None
None
Kennedy, Quartiroli,
and Goodrich.
NOES:
ABS ENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Dire~tor of Pu~l ic Works Henry reported on a proposal
recommended by the State Division of Highways in regard to signali-
zation improvements at the following locations on Monterey Street;
1st St. - no cost to City; 3rd S.t. - 1/3 cost to City; and 4th st. -
~ cost to City, total estimated City costs: $4,750.00. Director
of Public Works Henry concurred with and recommended approval of
said improvements. Motion was made by Councilman Wentworth seconded
by Councilman Silva and carried that Staff be authorized to advise
the State Division of Highways that the City will enter into an
Agreement for the Cooperative Projects for Monterey Street signaliza-
tion improvements as presented.
Motion was made by Councilman Wentworth seconded by Council-
man Allemand and carried that a Public Hearl n8 date of January 20,
1969 be set to hear a Report of Assessments regarding Weed and
Refuse Abatement as requested by the Fire Chief.
City Administrator Wood reported on the City Attorney.s
request for adoption of a resolution releasing further claim by the
City in regard to West Coast Pipe Cases. Resolution No. 1304 was
presented. Motion was made by Councilman Quartiroli seconded by
Councilman Wentworth that the reading of Resolution No. 1304 be
waived and that it be adopted.
RESOLUTION NO. 1304
RESOLUTION OF THE CITY aDNCIL OF THE CITY OF GILROY RE: RELEASE
OF FURTHER CLAIM REGARDING WEST COAST PIPE CASES.
PASSED AND ADOPTED this 6th day of January, 1969, by the following
vote:
AYES:
COUNCIL MEMBERS:
Allemand, Duffin,
Silva, Wentworth,
None
None
Kennedy, Quartiroli,
and Goodrich.
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
. Jhe Annual Report of the Police Department was noted and
discussed.
Ordinance No. 839 in regard to qualifications, examinations,
and certifications of Swimming Pool Service Technicians and Swimming
Pool Service Companies for treating of swimming pool waters and
maintenance service of swimming pools as adopted by Article 13 of
Chapter 1 of Title 5 of Santa Clara County Ordinance Code, pre-
viously introduced and published by title and summary was presented
for adoption.
Motion was made by Councilman Silva seconded by Councilman
Wentworth that the reading of. Ordinance No. 839 be waived and that
it be adopted.
ORDINANCE NO. 839
AN ORDJNANCE TO PROVIDE THAT ARTICLE 13 OF CHAPTER I OF TITLE 5 OF
THE SANTA CLARA COUNTY ORDINANCE CODE, AS THE SAME NOW EXISTS OR.
MAY HEREAFTER BE AMENDED, RELATING TO SWIMMING POOL SERVICES SHALL
APPLY IN THE CITY OF GILROY.
PASSED AND ADOPTED this 6th day of January, 1969, by the following
vote:
:)894
Ord. #840 re:
Vending
Machines
Pe tit ion re:
Annexat i on-
Paraiso De
Ensueno
Subdivision
Self Help
Housing Proj.
#2
S.C.Co.Hear.
re:amend.to
Co.Subdv.
Ord.
Golf Course
3rd Green
Addition
Res i gnation
P.& R. Com-
missioner
Carmen Filice
AYES:
COUNCIL MEMBERS: Allemand, Duffin, Kennedy, Quartiroli, Silva,
Wentworth, and Goodrich.
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
NOES:
ABSENT:
Ordinance No. 840 revIsing the license. requirements for Vend-
ing Machines previously introduced and published by title and summary
was presented for adoption.
Motion was made by Councilman Kennedy seconded by Councilman
Silva that the reading of Ordinance No. 840 be waived and that it be
adopted.
....
ORDINANCE NO. 840
.",
AN ORDINANCE REVISING LICENSE REQUIREMENTS FOR VENDING MACHINES.
PASSED AND ADOPTED this 6th day of January, 1969, by the following
vote:
AYES:
COUNCIL MEMBE~S:
Allemand, Duffin,
Silva, Wentworth,
None
None
Kennedy, Quartiroli,
and Goodrich.
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
City Administrator Wood presented a Petition of property
owners within the Self Help Housing Project #1 (Paraiso De Ensueno r
Subdivision) requesting annexation of said property to the City.
Mr. Paul Gallegos addressed the Council, requesting the City.s
approval of the Self Help Housing Project #2 in regard to furnishing
sewer and water services. Discussion was had on the matter. Motion
was made by Councilman Allemand seconded by Councilman Wentworth and
carried that the City agrees to service said Housing Project #2 sub-
jject to the City of Gilroy's final approval of the plans for said
. project and the developer paying for the extension of City services.
City Administrator Wood noted that a letter informing the
County of the City.s intention to service said project would be
necessary at this time in order to allow the project to proceed next
spring. It was noted that the Petition submit-ted represents the
intention of the property owners in Paraiso De Ensueno Subdivision to
b~ i1):ln~x~d to- 1ib~..ci t'f-ac--rJ'+>-\...i-OH<:<.}.'f-t"~~terl b~ ~Q' m ~: 1 pr i or to
be annexed to the City as previously requested by Council prior to
approval of the second project.
....
.....
Motion was made by Councilman Kennedy seconded by Councilman
Wentworth and carried that Staff proceed with the necessary require-
ments for annexation of Paraiso De Ensueno Subdivision.
A Memo from Santa Clara County was noted in regard to a
Public Hearing date of March 18, 1969 at 9:30 a.m. for amendments to
the County Subdivision Ordinance.
A letter from the Golf & Country Club was presented Urging
the Acquisition of Addition Lands to Revamp the Third Green. City
Administrator Wood reported on an existing easement of Mr. Hoey on
City property near the Third Green location and noted that Mr. Hoey
had requested relocation of a smaller easement to his property in
exchange for the additional land needed by the City for revamping of
the Third Green and request of Mr. Hoey for $3,500.00 with the Agree-
ment that the present easement as described on a preliminary title
report would be conveyed to the City. Discussion was had on the
matter. Motion was made by Councilman Duffin seconded by Councilman
Silva and carried that Mr. Hoeyts proposal be accepted in the amount'
of $3,500.00 with the stipulation that the present Easement owned by
Hoey across City lands be conveyed to the City as explained.
...
""'"
A letter from Carmen F. Filice resigning from the Parks and
Recreation Commission was noted. Motion was made by Councilman
Kennedy seconded by Councilman Wentworth and carried that Carmen F.
Filice's resignation be accepted with regret.
Ap. Sylvain
LeDeit,Jr.
P.& R.Com.
Le g i s 1 at ion
proposed re:
St. Real
Tax Procedure
P.U.C. ape
re:Gas Rate
Increase
P.O.Site
Committee
Plan. Com.
Chairman
Con tr i b,ut i on
re:Histori-
cal Society
2895
Motion was made by Councilman Wentworth seconded by Councilman
Silva and carried that Mr. Sylvain "Babe" LeDeit, Jr. be appointed Parks
and Recreation Commissioner to fill the unexpired term of retiring
Carmen F. Fi 1 ice (1-1-72).
A letter and Resolution from the City of Marysville in regard
to Urging Legislation to amend the State Real Property Tax Procedure
was noted and tabled.
A Public Utilities Commission application by the Pacific Gas
and Electric Company for Gas Rate Increases was noted.
Councilman Kennedy was informed by the Mayor that the Council.s
Advisory "Post Office Site Committee" had served its purpose and was
no longer in existence.
The Mayor noted the presence and congratulated Planning Com-
missioner Childers on his recent Chairmanship appointment.
The Mayor noted the presence of Planning Commission represen-
tative Donald Malinoff and City of Gilroy's Employee Association re-
presentative, Robert Alonzo.
The Mayor recommended allocation of funds for continued im-
provements of the Old City Hall to the Historical Society for its
continued efforts. Motion was made by Councilman Wentworth seconded
by Councilman Silva and carried that $1,000.00 be allocated to the
Gilroy Historical Society for its continued efforts in renovating the
Old City Ha 11 . .
Inter-City Council The Mayor noted the Inter-City Council Meeting of January 9,
1969 at Adobe Creek Lodge in Los Altos and after polling the Council
requested that five (5) reservations be made for City Officials
planning to attend said meeting.
Adjournment
At 11:25 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
~~~)/ (
fr----
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,IC; l... l..-~ Y' .
City Clerk