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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