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Minutes 1967/05/01 ,"""~ Roll Call ..... Certificate- Eckard Minutes 06-5 ~ ~., Gilroy, California May I, 1967 The Regular Meeting of the Gilroy City Council was called to order by His Honor Norman B. Goodrich at 8:00 P.M. Present: Council Members: John E. Allemand, George T. Duffin, Mark E. Kennedy, Jr., Charles F. Quartiroli, Anthony C. Silva, Everett C. Wentworth, and N~rman B. Goodrich. Mayor Goodrich stated that retiring Councilman Chester R. Eckard was unable to attend this meeting and that presentation of his Certificate of Service would be tabled to a date when he could be present. The Minutes of the Regular Meeting of April 18, 1967 were approved as mailed and recorded. Bids re:Lighting The Mayor stated that it was the time and place scheduled Xmas Hill Park for bid opening for lighting facilities at Christmas Hill Park. Purchasing Agent Reinsch opened the bids and they read as follows: 1. Gilroy Electric Co., -$11,452.92' 2. Cullen Electric Service - $10,369.00 3. Howard Electric Co. - $11,250.00. The low bid of Cullen Electric Service was referred to the City Attorney for checki ng. Jt'!"",,", Pub.Hear.re: Hecker Pass- Morey Ave. Annex. 66-2 Res.#1108 & Ord. #796 .~"* , """""'" ..... The Mayor stated that it was the time and place scheduled for a Public Hearing on a proposal to annex 22.01 acres of Unin- habited Territory to be known as "Hecker Pass-Morey Avenue Annexa- tion 66-2 to the City of Gilroy'.. City Administrator Wood explained the location of the proposed annexation. The Mayor declared the Public Hearing opened and asked if there was anyone in the audience who wished to speak for or against the proposal. Mr. Richard Stuart, represtnting the Lutheran Church, ad- dressed the Council, speaking in favor of the proposed annexation since the Church property would benefit from same since it was their desire to build on the property and the need for City facili- ties was necessary. Motion was made by C. Allemand seconded by Councilman Wentworth and carried that the Public Hearing be closed. The City Attorney presented and explained Resolution No. 1108. Motion was made by Councilman Wentworth seconded by Council- man Allemand that the reading of Resolution No. 1108 be waived and that it be adopted. RESOLUTION NO. 1108 RESOLUTION DECLARING THAT NO MAJORITY PROTEST HAS BEEN MADE TO THE ANNEXATION OF TERRITORY DESIGNATED IN THE PROCEEDINGS AS IIHECKER PASS-MOREY AVENUE ANNEXATION 66-2 TO THE CITY OF GILROY". PASSED AND ADOPTED immediately following the ffiearing mentioned in this Resolution, this 1st day of May, 1967, by the following vote: AYES: COUNCIL MEMBERS: Allemand,Duffin,Kennedy,Jr., Quartiroli, Silva, Wentworth, and Goodrich. COUNCIL MEMBERS: None COUNCIL MEMBERS: None NOES: ABSENT: The City Attorney presented Ordinance No. 796. Motion was made by Councilman Wentworth seconded by Councilman Kennedy that the reading of Ordinance No. 796 be waived and that it be adopted. , :)656 Bid re: Xmas Hill 1 i gh tin g Pub.Hear.re: Appeal-Hecker Pass Inn Property ORDINANCE NO. 796 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRUTI RT DES I GNATED AS 'IHECKER PASS-MOREY AVENUE ANNEXAT I ON 66-2 TO THE CITY OF GILROY" AND FOR THE INCORPORATION OF SUCH ANNEXED TERRITORY IN AND AS A PART OF SUCH MUNICIPALITY FOR THE GOVERNMENT AND MUNICIPAL CONTROL THEREOF. PASSED AND ADOPTED by the Gilroy City Council this 1st day of May, 1967, by the following vote: AYES: COUNC I L MEMBERS: All emand, Duff in, Kennedy, Jr., Quart i ro 1 i , Silva, Wentworth, and Goodrich. COUNCIL MEMBERS: None COUNCIL MEMBERS: None NOES: ABSENT: The City Attorney reported that the low bid of Cullen Electric Service was in order. The City Engineer inquired about the bid in question. The Council referred said bid to Staff for further study to determine if same met the plans and specifications for lighting facilities at Christmas Hill Park to be presented to Council at their next regular meeting. The Mayor stated that it was the time and place scheduled for a Public Hearing on an Appeal from Mary Giachino regarding the Decicion of the Planning Commission on denial of a requested variance to reduce the number of off-street parking spaces required for proposed remodeling to Hecker Pass Inn at 420-lst Street. City Administrator Woodrreported on the said proposal stating this business existed prior to the present zoning ordinance and that the owner would have to demolish an adjacent Motel Business to further provide additional parking required if the remodeling was completed and that even if said Business was demolished the re- quired number of parking spaces would not be met. The matter to be determined by the Council is whether or not a sufficient hard- ship exists warranting the granting of such a variance. The Mayor declared the Public Hearing open and asked if there was anyone in the audience wishing to speak in favor of the pro- posa 1 . Mr. E. Duerr, Architect, addressed the Council, represen- ting the property owner, and further explained the proposal. City Engineer Henry reported on the said proposal as to the action taken by the Planning Commission denying said appeal. Motion was made by Councilman Wentworth seconded by Coun~ cilman Duffin and carried that the Public Hearing be closed. Discussion was had by the Council regarding said proposal. The City Attorney described his opinion of what consti- tuted a hardship. Further discussion was had. Motion was made by Councilman Wentworth seconded by Councilman Kennedy and carried that the requested variance of Mary Giachino be denied. Council Members Allemand,Quartiroli, and Si lva voted "No" on the motion. Billboard re: City Administrator Wood presented and read a request American Steak-from Mr. Herman Christensen for permission to use an existing House temporary Billboard on Wren Avenue to advertise American Family Steakhouse at 7l1-lst Street. City Administrator Wood reported thet the said Billboard had been erected on a temporary basis for the term of the sales in Casa Loma Subdivision. City Engineery Henry reported that he advised Mr. Christensen that the said _ Billboard was temporary only. Motion was made by Councilman ~uar- tHol i seconded by Counci lman Allemand and carried that said re- quest from Mr. Herman Christensen be denied for use of the existing Billboard on Wren Avenue. ..... ....... ..... .,,~... ...... ~""..' "- "- / , \. 1 . ' 2657 Council instructed Staff to notify Stone & Schulte that said sign be removed as erection of same was allowed on a temporary basis to advertise their subdivision. Plan. Com. Report Secretary of the Planning Commission Henry presented and ~/20/67 & explained the report of the Planning Commission meeting of Thurs- 4/27/67 day, April 20, 1967 and the adjourned meeting of Thursday, April ~7, 1967 informing the Council of a Public Hearing held before the Commission on the proposal to establish Official Plan Lines for North Chestnut Street between Lewis Street and Leavesley Road, recommending establishment of same' informing Council of a Public Hearing held to consider the petition of M. Chiesa to rezone 16.44 acres of land fronting Monterey Highway North of Farrell Avenue from R-l to C-2 District and continuing said hearing to May 4, 1967 Commission meeting in order to view the site and a map showing the proposed extension of Church Street and Wren Avenue in relation to the subject property to be prepared by Staff; inform- ing the Council of two public hearings held to consider the petition of Wheeler Hospital Association for a Conditional Use Permit to change the use of the existing Convalescent Home north of the hospital to hospital use and for a variance to reduce the number of parking spaces required, and informing Council that said -conditional Use Per it was granted for a maximum period of 5 years and the variance (under which applicant agreed to provide an additional 25 parking ~aFk+R~ during the maximum period of 5 years) was also granted; further informing the Council that said meeting was adjourned to April 27, 1967 in which the Capital Improvement Program was discussed and recommended several items in the Program be changed. Also noted that the Parking Requirements for the Gloria V. Frisone property at the southeast corner of Wayland Lane and Broadway was continued to the May 4, 1967 Planning Commission mee tin g . ...... ....... -""","'-lot:, Pub. Hear. re: O.P.L./s N.Chestnut ....""" Water Samples 701 Plan. Grant Res.#1109 ...... ... Wren Ave.Fire House Site Motion was made by Councilman Duffin seconded by Council- man Silva and carried to set Monday, May 15, 1967 at 8:00 P.M. as a Public Hearing date on the proposal to establish Official Plan Lines for North Chestnut Street from Lewis Street to Leavesley Road. City Administrator Wood presented the monthly report of satisfactory Water Samples taken by the Santa Clara Health Depa r tmen t. City Administrator Wood reported on the 701 Planning Project and recommended adoption of a resolution executing the Agreement and Deposit of City Funds to be disbursed by the State. Motion was made by Councilman Duffin seconded by Councilman Wentworth to adopt Resolution No. 1109 authorizing execution of the Agreement and Deposit of City Funds. RESOLUTION NO. 1109 RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF GILROY PURSUANT TO CHAPTER 1641, STATUTES OF 1959. PASSED by the City Council of the City of Gilroy this 1st day of May, 1967, by the following vote: AYES: COUNC I L MEMBERS: Alll emand, Duff in, Kennedy, Jr. ,Quart i ro 1 i , Silva,Wentworth, and Goodrich. COUNCIL MEMBERS: None COUNCIL MEMBERS: None NOES: ABSENT: City Administrator Wood reported on the Status of the Wren Avenue Fire House Site. Fire Chief Brittain addressed the Council, and submitted a proposed plan for fire station and head- quarters within the City which has been reviewed and recommenEled by the State Fire Board of Underwriters. His plan was to use the Wren Avenue Site for a Fire Station and an additional proposal for a fire station headquarters to be located in the vicinity of Tenth and Chestnut Streets. Council concurred with said proposal submitted by the Fire Chief and instructed Staff to proceed with said proposal. )658 Capi tal Imp. Program 67- 72 S. Chestnut St. Assess.Dist Res.#lllO thr.u 1115 City Administrator Wood requested a Study Session to review the Capital Improvement Program for 1967-72. Council set Monday, May 8, 1967 at 8:00 p.m. to Study and Review the Capital. Improvement Program for 1967-72. ,J.' City Administrator Wood reported on the Status of forma-. tion of the proposed South Chestnut Street Assessment District, 1967-1. He stated that in regard to the extra territorial juris- diction the County has requested that the City assure them that none of the property owners in the County are in opposition to the proposed Assessment District. He further stated that he informed the County that the City cannot make such a statement at this time. He further stated that the County Staff is concerned that' the State would require another review of the Tenth Street ImprQve- ment Project. if the Chestnut Street project is introduced at ~ this time. They believe that the State may require additional storm' drainage facilities in this latter event. City Engineer Henry explained the proposed assessment district and the map of same. ...... - " Mr. Jerry Laster, representing the legal firm of Wilson, Jones, Morton and Lynch, addressed the Council and presented and explained Resolutions 1110 through and including Resolution No. 1115 regarding formation of said Assessment District. He presented and explained Resolution No. 1110, Motion wade by Councilman Wentworth seconded by Councilman Allemand to adopt Resolution No. 1110. RESOWTI ON NO. 1110 A RESOLUTION OF PRELIMINARY DETERMINATION OF THE INTENTION - SOUTH CHESTNUT STREET EXTENSION - PROJECT NO. 1967-1. PASSED AND ADOPTED this 1st day of May, 1967, by the following vote: AYES: --- COUNCIL MEMBERS: Allemand, Duffin, Kennedy, Jr., Quartiroli, Silva,Wentworth & Goodrich. None None - NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Resolution No. 1111 was presented and explained. Motion was made by Councilman Duffin seconded by Councilman Wentworth to adopt Resolution No. 1111. RESOLUTION NO. 1111 A RESOLUTION OF PRELIMINARY APPROVAL OF CHESTNUT STREET EXTENSION - PROJECT NO. PASSED AND ADOPTED this 1st day of May, vote: AYES: ENGINEER"S REPORT - SOUTH 1967-1. 1967, by the following COUNCIL MEMBERS: Allemand,Buffin,Kennedy,Jr., Quartiroli, Silva,Wentworth, and Goodrich. None None NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: REsolution No. 1112 was presented and explained. Motion was made by Councilman Quartiroli seconded by Councilman Allemand to adopt Resolution No. 1112. RESOLUTION NO. 1112 ,..,.,. A RESOLUTION ESTABLISHING PREVAILING WAGE SCALE - SOUTH CHESTNUT STREET EXTENSION - PROJECT NO. 1967-1 PASSED AND ADOPTED This 1st day of May, 1967, by the following vote: AYES: ..,;OiiIIjIJ COUNCIL MEMBERS: Allemand, Duffi n ,Kennedy, Jr., Quarti ro 1 i , Silva, Wentworth, and Goodrich. ' None None NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Resolution No. 1113 was presented and explained. Motion was made by Councilman Allemand Seconded by Councilman Kennedy to adopt Resolution No. 1113. 06-0 ~ ~., RESOLUTION NO. 1113 . A RESOLUTION APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ACQUISITIONS AND IMPROVEMENTS, AND DIRECTING NOTICE - SOUTH CHESTNUT STREET EXTENSION - PROJECT NO. 1967-1. PASSED AND ADOPTED this 1st day of May, 1967, by the following vote: AYES: - .... NOES: ABSENT: .... , COUNCIL MEMBERS: Allemand,Duffin,Kennedy,Jr. ,Quartirol i, Silva,Wentworth,and Goodrich. None None COUNCIL MEMBERS: COUNCIL MEMBERS: Resolution No. 1114 was presented and explained. Motion was made by Councilman Quartiroli seconded by Councilman Wentworth to adopt Resolution No. 1114. RESOLUTION NO. 1114 A RESOLUTION CALLING FOR SEALED PROPOSALS - SOUTH CHESTNUT STREET . EXTENSION - PROJECT NO. 1967-1 PASSED AND ADOPTED this 1st day of May, 1967, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: Allemand,Eluffin,Kennedy,Jr. ,Quartiroli, Silva,Wentworth, and Goodrich. COUNC1L MEMBERS: None COUNCIL MEMBERS Resolution No. 1115 was prese1ted and explained. Motion was made by Councilman Wentworth seconded by Counci lman Si lva to adopt Resolution N"1. 1115. A RESOLUTION DESCRIBING PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT, DIRECTING FILING OF MAP AND DIRECTING RECORDATION OF NOTICE OF ASSESSMENT. - SOUTH CHESTNUT STREET EXTENSION - PROJECT NO. 1967-1. PASSED AND ADOPTED this ls't day of May, 1967, by the following vote: AYES: J~""""':"IIl, ...... NOES: ABSENT: RESOLUT ION NO. 1115 COUNCIL MEMBERS: All emand ,Duff i n ,Kennedy , Jr. ,Quarti ro Ii, Wentworth, Silva, and Goodrich None None COUNCfL MEMBERS: COUNCIL MEMBERS: Licensing City Administrator Wood presented a Report requesting Modification to the Bicycle Licensing Program, specifically to amend the Bicycle License Ordinance deleting the .50c Bicycle Licensing fee; Chref of Police Laizure further explained the pro- posal. The Mayor instructed Staff to prepare an amendment to sa i d Ord i nance. :.. '..,.. Bicycle Program Minutes-S.C.Co Transportation Po 1 i cy Com. Meet. 4/ 12/67 A 1 ternate- ABAG Rep. - ... Ballot paper Alt. Format ion Com. nominee Councilman Duffin summarized the Minutes of the Santa Clara County Transportation Policy Committee Meeting of Wednesday, Apri 1 12, 1967. The Mayor appointed Councjlman Kennedy, Jr., as Alternate Representative of Councll on ABAG to replace retiring Councilman Eckard. A letter from the Office of the Secretary of State re- garding Ballot Paper used at the General Municipal Election of April 11, 1967 was presented for information. The Mayor asked fornominations to the New Alternate Appointment to the Local Formation Commission as requested from the Clerk of the Board of Supervisors. Councilman Wentworth volunteered for said appointment. The Mayor appointed Councilman Wentworth as nominee for Alternate to the Local Formation Commis- sion. Free Mail Project City Administrator Wood presented a letter from Foothill Col~ege in regard to Free Mail Project. The Councjl tabled action on same to determine what action the Inter-City Council takes on said matter. 2680 American Legion Dineer National Youth Week Joint Study Sess i on re: Actuary City Administrator Wood presented an invitation from Gilroy American Legion, Post #217 to a Dinner on May 18th, in Recognition of Police Achievement. the City Administrator Wood pres~nted a request from the Elks for a Proclamation Declaring National Youth Week. The Council approved said request. ' City Administrator Wood requested a Joint Study Session on May 9, 1967, at 7:30 p.m. of the Council and the Personnel Commission on the proposed Actuary received regarding the Pension Plan to Jointly discuss same and review the salary recommendations. Council concurred. ..... ........ Mont.BayPollution City Administrator Wood informed the Council that the Study Com.- By-Laws of the Monterey Bay Pollution Study Committee would be By-Laws presented to the 21 cities represented on said Committee. Beauty & Up Month Clean- City Administrator Wood presented a request from Cal if- ornia Anti-Litter League for a proclamation declaring Mayas official IIBeauty and Clean-Up Month" in accord with Governor Ronald Reagan's declaration. The Council approved same. Laguna Seca Sports Car Races Mayor Goodrich noted a letter from the Sportscar Racing Association in regard to the Laguna Seca Sports Car Races May 5, 6, and 7, 1967. Young Republicans' City Administrator,Wood noted a letter from the Young ABAG Pub.Hear. Republican Association of Santa Clara County regarding the Public Hearing held on ABAG and recognizing Councilman Quartiroli's attendance at said meeting. Golf Course Commitfee Councilman Duffin inquired of the Golf Course Committee proposed meeting with the Golf Course Board of Directors. City Administrator Wood noted that he planned said meeting following receipt of the appraisal for the proposed additional golf course 1 and. -- --- Sewer Committee Councilman Wentworth inquired of the proposed Sewer Committee Meeting of the Council regarding the proposed Agreement with Morgan Hill and Gilroy Joint Sewer Facilities. City Admin- is trator Wood noted that he wou 1 d con tact Morgan Hill 10 determ i ne when they w]shed tp ~eet with the City's Committee on said matter. Sidewalk instal- Councilman Wentworth inquired about the expiration of letion -1st & time granted the property owner (Elmer Serpa) for sidewalk instal- Broadway lation on the west side of Hanna Street between Hecker Pass Highway and Broadway. The Council instructed Staff to investigate same. Stop Signs- 6th & Church C Councilman Allemand inquired of the stop signs coyered at Sixth & Church Streets on April 30, 1967. Chief Laizure re- ported that this was done during the I.F.D.E.S. Parade. Traffic control- Chief Laizure reported that the traffic on Monterey Laguna Seca Street during the Laguna Seca Races would be controlled on the Races same basis as last year. Council concurred. Library Ap. re: Federal Grant Chief Librarian Goshert noted that she had been notified that the application for a Federal Grant for a Library had been received by the Federal Government. ...... ~,,. Inter-City Council City Administrator Wood reported that the Inter-City Meet. 5/4/67 Council would be meeting on May 4, 1967 at Los Altos. Council Members Goodrich,Wentworth, Duffin and Silva indicated that they planned to attend said meeting. Legislative Li ai son Day Council Members Duffin, Goodrich, Quartiroli, and Wentworth noted that they wished to attend the Inter-City Council 'ILegislative Liaison Dayl' in Sacramento on May 17,1967. Testimonial Dinner City Administrator Wood requested additional contribu- (Petersen & tions from Council Members for the recent Testimonial Dinner Archer) given in honor of retiring Mayor Petersen and Professional Golfer George Archer. Walk Corp. Res.#1116 re: Denial of Variance- Hecker Pass Inn Offi ce Hours (Mayor) Adj qu rnmen t 06':'"1 .;.. ),1 City Administrator Wood noted as information that the Walk Corp. has expressed a proposal in possibly developing a subdivision in t~e vicinity of Hecher Pass Highway and Morey Avenue. The City Attorney presented and read Resolution NQ. 1116 regarding the appeal from Mary Giachino regarding denial of variance for remodeling proposal to the Hecker Pass Inn. He noted that same was denied by motion and should be acted upon by Resol ut ion. ' Motion was made by Councilman Wentworth seconded by Councilman Duffin that Resolution No. 1116 be adopted. RESOLUTION NO. 1116 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DETERMINING THE APPEAL OF MARY GIACHINO FROM THE ORDER OF THE PLANNING COM- MISSION DENYING AN APPLICATION FOR A VARIANCE FROM THE REQUIRE- MENTS OF THE OFF-STREET PARKING SPACES REQUIRED BECAUSE OF A CON- TEMPLATED IMPROVEMENT TO THE GIACHINO PREMISES LOCATED AT THE COR- NER OF FIRST AND HANNA STREETS BY THE DECISION OF THE PLANNING COMMISSION. PASSED AND ADOPTED this 1st day of May, 1967, by the following vote: AYES: COUNCIL MEMBERS: Duffin,Kennedy,Jr., Wentworth, and Goodr i ch. ' Allemand, Quartiroli, and Silva None NOES: ABSENT: COUNCIL BBMBERS: COUNCIL BlB:MBERS: Mayor Goodri ch noted that he intended to ma in tai n Offi ce Hours at City Hall during the morning as soon as office space is made available. Motion was made by Councilman Wentworth seconded by Councilman Allemand that Staff be instructed to proceed with renovation of the supply room at the North of the Auditorium for such office space. At 10:55 p.m~ motion was made by Councilman ADemand seconded by Councilman Wentworth and carried that the meeting be adjourned. Respectfully submitted, (' r J a,UoU/hUUJ (";,, '0 City Clerk '