Minutes 1963/01/07
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Gilroy, Cal ifornia
January 7, 1963
This regular monthly meeting is called to order by His Honor Kenneth
L. Petersen at 8:00 p.m.
Present: Council Members: George T. Duffin, Norman B. Goodrich, Wil-
ford E. Jordan, Charles F. Quartirol i, Everett C. Wentworth; and Kenneth L.
Petersen.
The City Clerk officially swears in Mayor Petersen.
The Mayor asks if all Council Members have received copies of the reg-
ular meetings of December 3rd and 17, 1962. All Councilmen answer in the affir-
mative. The Mayor now asks if there are any errors or omissions in the minutes
as presented. No errors or omissions are noted. The Mayor now declares the
minutes of the regular meetings of December 3rd and 17, 1962 approved.
The Mayor states that this is the time and place for the bid opening
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on a parcel of property abandoned for street purposes at the North East corner
of Welburn Avenue and Wayland Lane intersection.
Purchasing Agent Reinsch reports that he has received one bid for
this parcel of property from Carl and Louise Price at 551 Welburn Avenue in
the amount of $51.00.
The Mayor refers the bid of Carl Price to the City Attorney for
checking to determine if it is in order.
The City Attorney reports that the bid is in order.
Motion by Councilman Goodrich second by Councilman Jordan and carried
that the bid of Carl Price in the amount of $51.00 for a parcel of property at
the North East corner of Welburn Avenue and Wayland Lane be awarded.
A letter from Stephen B. Foster is presented and read requesting per-
mission to I ive in a trailer on his trailer sales lot.
City Administrator Carr reads a section of the City Code relating to
this matter.
Discussion is had.
Mr. Foster addresses the Council and states that he would desire
I iving in the trailer to prevent some of the vandalism at his sales lot.
The City Attorney states that he interprets the Code to mean that Mr.
Foster would be prevented from using a trailer on his sales lot.for 1 iving
quarters.
The report of the Planning Commission of their December 20, 1962 mee~
ing is presented and read recommending that the following variances be granted:
I. Robert and Warren Byers to encroach 101 into 20' front yard for an addition
to a building, 2. Donald L. Stone Organization for a 171 back yard on Lot 44,
3. Waived parking requirements on change of business of Masaru Kunimura; inform-
ing the Council of the publ ic hearing date set for a variance request of John
Vasquez on parking; waiving parking design standards for a new apartment house
at 30 South Hanna Street; recommending annexation of the proposed "Fifth Northern
Addition"; approving the final map of Garden Estates subject to compliance with
all City ordinances; approving the tentative map of Las Animas Estates, Unit No.
2 with conditions; informing the Council that they have returned the plan of
Budget Homes for an apartment house for revision of the off-street parking
design; and requesting that plan lines be established on the Southerly extension
of Church Street from Tenth Street to Garden Estates.
Motion by Councilman Duffin second by Councilman Wentworth and carried
that the reading of the Planning Commissionsl resolutions approving the variances
be waived.
The City Attorney presents and explains Resolution No. 720.
Motion by Councilman Jordan second by Councilman Wentworth that Reso-
lution No. 720 be adopted.
RESOLUTION NO. 720
RESOLUTION OF COUNCIL APPROVING REPORT OF PLANNING COMMISSION AUTHORIZING GRANT-
ING OF VARIANCE TO ROBERT K. BYERS AND WARREN L. BYERS FOR THE CONSTRUCTION OF
AN EXTENSION OF THEIR BUILDING AT MILLER AVENUE, FIRST STREET AND PRINCEVALLE
STREET WHICH WILL ENCROACH UPON SET BACK LINE OF MILLER AVENUE.
PASSED AND ADOPTED this 7th day of January, 1963, by the following vote:
AYES: COUNCIL MEMBERS: Duffin,Goodrich,Jordan,Quartiroli ,Wentworth, and
Petersen.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The City Attorney presents and explains Resolution No. 721.
Motion by Councilman Wentworth second by Councilman Duffin that Reso-
lution No. 721 be adopted.
RESOLUTION NO. 721
RESOLUTION OF COUNCIL CONFIRMING REPORT OF PLANNING COMMISSION OF THE CITY OF
GILROY APPROVING GRANTING OF A VARIANCE TO DONALD L. STONE ORGANIZATION REDUC-
ING THE REAR YARD REQUIRED FOR LOT NO. 44 OF LAS ANIMAS ESTATES UNIT NO. I
FROM 19 FEET TO 17 FEET.
PASSED AND ADOPTED this 7th day of January, 1963, by the following votes:
AYES: COUNCIL MEMBERS: Duffin,Goodrich,Jordan,Quartiroli ,Wentworth, and
Petersen.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The City Attorney presents and reads in part, Resolution No. 722.
Motion by Counci Iman Goodrich second by Councilman Wentworth that
Resolution No. 722 be adopted.
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RESOLUTION NO. 722
RESOLUTION OF COUNCIL CONFIRMING REPORT OF PLANNING COMMISSION, GRANTING APPLI-
CATION OF MASARU KUNIMURA FOR A VARIANCE AUTHORIZING USE OF PREMISES AT 143
SOUTH MONTEREY STREET FOR A BILLARD PARLOR.
PASSED AND ADOPTED this 7th day of January, 1963, by the following vote:
AYES: COUNCIL MEMBERS: Duffin,Goodrich,Jordan,Quartirol i ,Wentworth, and
Petersen.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Director of Publ ic Works Kludt explains the final map of Garden Estates
stating that the only change is the row of lots on the West side.
The City Attorney presents and reads Resolution No. 723.
Motion by Councilman Duffin second by Counci lman Wentworth that Reso'lu-
tion No. 723 be adopted.
RESOLUTION NO. 723
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING PLAT OF "GARDEN
ESTATES" A SUBDIVISION OF WALK INCORPORATED, A CORPORATION.
PASSED AND ADOPTED this 7th day of January, 1963, by the following vote:
AYES: COUNCIL MEMBERS: Duffin,Goodrich,Jordan,Quartiroli ,Wentworth, and
Petersen.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
City Administrator Carr presents and reads a resolution of the Planning
Commission approving the proposed "Fifth Northern Addition" annexation.
Director of Publ ic Works Kludt explains the tentative map of Las Ani-
mas Estates, Unit No.2.
City Engineer Hanna Jr. suggests that the Council start approving these
tentative maps of proposed subdivision if there are no objections as a matter
of record.
Motion by Councilman Duffin second by Councilman Wentworth and carried
that the tentative map of Las Animas Estates, Unit No.2 be approved subject
to the necessary publ ic easements being provided.
Discussion is had regarding the plan of Budget Homes off-street parking
design.
Director of Publ ,c Works Kludt explains the Planning Commissions' pol icy
regarding parking regulations and further explains the parking requirements.
Discussion is had.
The Planning Commission recommended that plan lines be establ ished on
the Southerly extension of Church Street.
Discussion is had on this proposed Church Street extension.
Motion by Councilman Wentworth second by Councilman Quartiroli and
carried that the City Administrator be instructed to proceed with having plan
lines prepared on the Southerly extension of Church Street from Tenth Street to
Garden Estates.
City Administrator Carr presents and reads the report of the Planning
Commission of their meeting of January 3, 1963 recommending that the request
of Mr. John Vasquez to vary off-street parking requirements be denied; and in-
forming the Council of the Publ ic Hearing for a change in zoning in the Garden
Estates Subdivision.
City Administrator Carr presents and reads the Planning Commissions'
resolution denying the request of John Vasquez.
Director of Public Works Kludt explains the map of the propos,ed "Sixth
Western Addition" annexation of the South Valley Associates containing 52 acres.
City Administrator Carr e~plains that this proposed annexation is out-
side of the 4 drainage zones and requests permission to instruct the City Eng-
ineer to establish a new zone and determine off-site fees per acre.
Motion by Councilman Quartirol i second by Councilman Jordan and carried
that the City Administrator be instructed to establ ish a new drainage zone for
the proposed "Sixth Western Addition".
Mayor Petersen presents Supervisor Sanchez with a certificate of ser-
vice on behalf of the City for his years of valued service as Councilman and
Mayor of the City of Gilroy.
Supervisor Sanchez informs the Council that this was his first day as
Supervisor and that the meeting was very interesti~g. He thanks the Council
for his certificate.
City Administrator Carr presents Resolution No. 724.
The Mayor asks if anyone in the audience wishes to speak for or against
the proposed "Fifth Northern Addition".
Mr. Smith Howard addresses the Counci 1 stating that he ownes 3.69 acres
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in the inhabited "Fifth Northern Addition" and a total of 10 acres altogether,
and wants to know why he is included in the assessment district for streets.
City Administrator Carr explains that it is not determined that
the "Fifth Northern Addition" will agree to all improvements of their property.
He states that the property owners can state their objections if any at the
pub 1 i c hea rings.
Mr. Alex Balanesi addresses the Council and asks what has to be done
to expedite this proposed annexation.
The City Attorney explains the legal procedure.,
Mr. Oliver addresses the Council and states that the Committee for
this annexation will proceed as soon as the law permits.
City Administrator Carr explains the annexation process required.
Motion by Councilman Jordan second by Counci Iman Goodrich that Reso-
lution No. 724 be adopted.
RESOLUTION NO. 724
A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CONSENTING TO THE COMMENCE-
MENT OF PROCEEDINGS FOR THE ANNEXATION OF CERTAIN INHABITED TERRITORY DESIGNATED
AS "FIFTH NORTHERN ADDITION11
PASSED AND ADOPTED the 7th day of January, 1963, by the following vote:
AYES: COUNCIL MEMBERS: Duffin,Goodrich,Jordan,Quartiroli ,Wentworth, and
Peters en.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The City Attorney reports on the legal ity of two concurrent proceed-
ingsto annex the same or portions of the same territory. He states that this
cannot be done because the property in question would not be adjacent to the
City I imits because a portion of property that is adjacent to the City limits
would only be in the process of being annexed.
City Administrator Carr reports and recommends that the Council
adopt a pol icy for refunding to land developers, a portion of the costs for
installing util ities which may benefit others.
Discussion is had.
The City Administrator is instructed to proceed with preparation of
a resolution to include a Council pol icy for refunding to land developers.
City Administrator Carr reports that he has made arrangements with
the City Fire Department to have the rainfall reading available at 5:30 p.m.
each day that it rains and he has notified the Mercury Herald Newspaper that
this information is available.
The City Attorney presents and reads a proposed ordinance designa-
ting through streets.
Discussion is had.
Motion by Councilmen Goodrich second by Councilman Wentworth and
carried that the proposed ordinance designating through streets be introduced
and published by title and summary.
Assistant Director of Civi I Defense Reinsch reports that Director
of Civil Defense Sig Sanchez, Medical Chief Dr. Elmer J. Chesbro, and Communi-
cations Chief Charles Kearney have resigned from their respective positions,
expresses his appreciation for their services, and recommends that the follow-
ing be appointed: Mayor Petersen, Director; Dr. Savin Calabrese, Medical
Chief; Vernon C. Gwinn Jr., Communications Chief; Harry Schumann, First Alter-
nate Communications Chief; Alan Haywood, Second Alternate Communications Chief;
and Joe Ferrant, Third Alternate Communications Chief.
Motion by Councilman Goodrich second by Councilman Wentworth and
carried that the names as presented by Assistant Director of Civil Defense
Reinsch be appointed to their respective offices as requested.
The Mayor instructs City Administrator Carr to write a letter of
appreciation to those Civil Defense Officers resigning.
City Administrator Carr presents and reads a letter from the State
Division of Soi I Conservation to the Loma Prieta Soil Conservation District
regarding an alternate solution to the Llagas Creek Watershed Work Plan.
City Administrator Carr explains the alternate plan.
D,scussion is had.
The City Administrator states that there will be a Loma Prieta
Soil Conservation meeting tomorrow night in Morgan Hi 1 1.
Councilman Wentworth and Quartiroli state that they plan to attend
this meeting.
City Administrator Carr presents copies of his 1961-62 fiscal year
report as required by the Charter and apol igizes for having presented it so
late.
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The Mayor states that all Council Members have received copies of the
report of the Pol ice Department, Poundmaster, and Building Inspector; pro-
gress reports of City Officers; reports of receipts of City Officers; and
the financial report for December 1962.
Discussion is had on the reports.
Purchasing Agent Reinsch reports that the City made $163.00 at the
sale of surplus property last month.
Motion by Councilman Goodrich second by Councilman Wentworth and car-
r i ed tha tall repor ts be accepted as s ubm i tted .
City Administrator Carr reminds all Council Members that the fi 1 ing
period for the April 9, 1963 General Municipal Election is January 24th to
February 14th at 12:00 Noon and requests that all those interested in fil ing
try to file before the last day so that the nomination papers can be checked
prior to February 14th as to their sufficiency.
The Council requests that the Water Study meeting scheduled for January
28th be postponed to February 11th.
City Administrator Carr states that he will call the Counci I confirming
the requested date.
City Administrator Carr reminds the Council of the election tomorrow for
formation of the new Junior College District and reminds everyone to vote.
Motion by Counci Iman Wentworth second by Councilman Goodrich and carried
that Chester R. Eckard be appointed Counci Iman to fill the vacancy created
by Councilman Petersen to become effective January 21, 1963.
Councilman Quartirol i votes no on the motion.
Councilman Quartirol i states that he is not against Chester R. Eckard
as Councilman however he objects to the manner in which the appointment was
made.
Mayor Petersen declares that Chester R. Eckard has beenaPPointed to fill
the vacancy of Councilman effective January 21st.
Councilman Duffin comments on the oath of office del ivered by the City
Clerk.
Motion by Councilman Goodrich second by Councilman Wentworth and carried
that Councilman Jordan be appointed as Mayor protempore.
Mayor Petersen declares that Counci Iman Jordan has been appointed Mayor
Protempore.
Mayor Petersen asks Planning Commissioner Brodersen if he has any com-
ment.
Commissioner Brodersen compliments Director of Publ ic Works Kludt on
the manner that he conveyed the Planning Commissions' thinking on their
commission's report.
Chief of Pol ice Laizure requests that the interim resolution authorizing
the maintaining placing and gradual removal of certain stop signs be adopted
at this meeting so that it will be n effect and make possible the necessary
arrangements to stage the new traffic circulation plan.
The City Attorney presents and reads Resolution No. 725.
Motion by Councilman Wentworth second by Councilman Duffin that Resolu-
tion No. 725 be adopted.
RESOLUTION NO. 725
RESOLUTION OF COUNCIL AUTHORIZING MAINTENANCE, PLACING AND GRADUAL REMOVAL OF
STOP SIGNS ON AN INTERIM OR TEMPORARY BASIS TO FACILITATE A SAFE TRANSITION
FROM PRESENT TRAFFIC CONTROL SYSTEM TO THE NEW CONTROLS REQUIRED BY NEW ORDI-
NANCE AMENDING SECTIONS 15.41 AND 15.43 OF GILROY CITY CODE DESIGNATING INTER-
SECTIONS AT WHICH STOP SIGNS SHALL BE PLACED AND ESTABLISHING THROUGH STREETS
IN THE CITY OF GILROY.
PASSED AND ADOPTED this 7th day of January, 1963 by the following vote:
AYES: COUNCIL MEMBERS: Duffin,Goodrich, Jordan,Quartirol i, Wentworth, and
Petersen.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Councilman Duffin asks the Chief of Pol ice if he has received any ad-
verse comment on the proposed through street plan.
Chief Laizure reports that he has not received much comment since it
has not been greatly publicized, but that further information to the public
is planned.
Motion by
Counc i I meet i ng
Councilman Goodrich second by Councilman Wentworth that this
adjourn at 10: 15 p.m. ,
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