Minutes 1955/07/18
1 (0 () .0.
Op) l
Gilroy, California
July l~,l955.
This regular adjourned meeting of the Common Council is called
to order, by His Honor Mayor George M.Mason.
Present:Councilmen Carl W.Pate,Charles GaLlo,J.Hughes Kennedy,
Courtland J!.Rush,Segundo Sanchez. Absent:Councilman Kenneth L.
Petersen.
The Mayor now ea1ls upon W.J .Hanna,Jr. of the firm of Y.J . Hanna
& Sons,Civil Engineers, who presents a revision of a proposed
annexation of property of Mr~M.Chiesa which is located on the
north side of Hecker Pass Road and west of the west city limits
line and the proposed annexation of property located went the west
side of Monterey Road adjacent to the north city limits;stating
that the latter annexation of uninhabited territory is being
requested by Gilroy Motor Company. It is unanimously agreed to
approve forwarding "the proposals to the City Planning Commission
to be acted upon btct:he'.~9mm.ission after approval by the County
Boundary Commission.
The Mayor states that the matter of the request of Be Ge Man-
ufacturing Company to rezone property located on t he north side
of Leavesley Road and west of the west line of Murray Avenue is
in order for discussion.
The City Attorney reports that. the l.aw provides that if a set
16:31
back is required by ordinance in one industrial zone it must appl' to
all industrial zones. The attorney also states that the Council can
take action on the rezoning matter before it if no further evidence
is taken.
-
Abtor.ney Robert Byers,representing property owners opposed to the
Be-Ge Manufacturing Company's request for rezoning, reports that he
was unable to obtain the signatures of all property owners giving
their consent to the rezoning with a twenty foot set back of the
fence along Leavesle) !toad on Be Ge manufacturing Company's property.
Messers.David V.Stout and Schneider,representing Be Ge Manufacturing
Company,petitioners for rezoning, now app.ar before the Council and
Mr.Stout reads 8J'port.1bn~;oft.he letter which was sent to the City
Planning Commission along with their request for rezoning.
Councilman Pate asks Attorney Byers if it was his understand~ng
that the rezoning hearing held by the Council was continued to this
date,July 18,1955.
Attorney Byers states that he believes the Council still has, juris-
diction over the matter.
City Attorney Johnson asks if all Councilmen and contestants agree
that July 18,1955 was understood to be the nate that a decision on
the rezoning requested by Be Ge Manufacturing Company was tQ be.made
by the Council. All interested parties and Councilmen indicat~ that
this date is thecate for a decision on the rezoning by the Council.
Attorney Byers states that it is his belief' that the Council, ,can
proceed with the rezoning hearing before it.
Motion by Councilman Rush,seconded by Councilman Sanchez t~at the
land on the north side of Leavesley Road from the Gilroy Cooperative
Dryer to a point 128.15 feet west of the west line of Murr~ ~venue
be taken from Zone ttE" and placed in Zone tltD" and an ordinance pre-
pared to rezone this area and machinery set in motion to set upa
new Zone in tthis area.
Councilman Rush requests permission to withdraw his motion and
Sanchez
........ Councilman/who seconded the motion,consents.The Mayor now declares
the motion withdrawn.
Motion by "'ouncilman Pate,secomiedeby Councilman Kennedy that. the
property included i~ the request of Be-Ge Manufacturing Company to
be rezoned from Zone -Ell to Zone "D-,including a portion of'. the
property of Gilroy Cooperative Dryer located on the north side, of
Road
Leavesley/and easterly to the west line of Murray Avenue and ex~lud1ng
1632
the property occupied by the dwel~ings located on the north side
of Leaves~ey Road, be rezoned from Zone <<tEll to Zone tlD".
Councilman Pate requests permission to withdraw this motion and
Councilman Kennedy who seconded the motion, consents. The Mayor.
now declares this motion withdrawn.
Motion by Councilman Pate,seconded by Councilman Kennedy and
carried that all of the property described in the petition of
Be Ge Manufacturing Company to be rezoned from Zone ttEff to 'Zone
!tn-" be so re-zo~ed :from Zone ttE- to Zone tlD" except ,that portion
o'f the resipence prdperty locat.ed along: the weaterly.Jdde Q:f' '
M'ui-ray Avenue north o~ a point. thereon 117.00, feet north' of' the
lntersection of the northerly l;lne' of L~ave-I!tley Road w:f. t,h. the
westerly line of. Murray- Avenue J ape:: that an ordinanc~ be prepared
to accomplish such re-zoning.
Councilman Sanchez: requests that it be noted in the minutes of
this meeting the change in decision made by the Council in this
~
re-zoning matter.
Mr.D.V.Stout now appears before the Council and ask if Be' Ge
Manufacturing Company can proceed with the erection of the fence.
The Mayor states that the company can proceed.
Councilman Rush reports that the Finance Committee met wit.h,the
City Attorney on the matter of' the Pacific Gas and Electric Company
franchise tax payment and they recommend that the company be re-
quired tDt:Pay the full amount of' the franchise tax due for 1954
and full. payment. be required for the life of the :franchise.
Motion by Councilman Rush,seconded by Councilman Sanchez and.
carried that the City Attorney be instructed to write a letter
to Pacific Gas and Electric Company and advise them that the -
city demands full. payment for the 1954 franchise tax and full.
payment each year from now on for the life of the franchise.
Councilman Kennedy reports that he had met with a committee
of the Gilroy Golf Club to discuss the repairs to pipe l.ines
needed at the course and the committee agreed to submit figures
on the cost of the repairs and replaceaents.
Ji
I.. ..ct
J
,.
A conmunication is read from Sheriff Melvin Hawley explaining
the reason for discontinuing night radio service and offering to
appear before the Council to discuss the matter further.
Councilman Pate discusses the possibility and submits cost
figures for placing a telephone outside the entrance to thePo1iee
,.----....
._,~"__,JI
f!<i-; :;"
p_ '''l
.....,......
16~33
Department ts office for cal1.s to the c'Ounty central communi,cations
office.
Councilman GalIo asks that he be permitted to make his sta~ement
with reference to the local newspapers contention that there1s a
lack of c09peration between the Council and the Sheriff';citing many
instances in which the Council has cooperated and asks that the
newspaper be fair Ul. . the Council. Councilman Rush also voices his
opinion along similar lines.
Motion. by Councilman K ennedy,seconded by Councilman Bush~d
carried that Sheriff Hawley be itivi ted to atteno a meeting of the
Council on Monday,July 2,,1955 at 8 otclock P.M.
A Memordndum of Agreement for Expendit.ure of Gas Tax money for
the 1956 fiscal year is presented and discussed.
RESOLUTION NO.3;~ is presented and read.
Motion by Councilman Pate, seconded by Councilman Gallo that
RESOLUTION NO. 352 be adopted.
RESOLUTION NO.,~2
RESOLU'TIION OF THE COMMON COUNCIL OF THE CITY OF GILROY
ADOPrING BUDGET AND APPROVING MEMORDNDUM OF AGRESDENT
FOR EXPENDITURE OF GAS TAX ALLOCAT ION FOR MAJOR CITY
S'l'REm'S.
WHEREAS, a memorandum of agreement has been presented to be
ent.ered int.o with the State of California in accordance with &
project statement submitted by the City of Gilroy for expend-
i ture of the gas t.ax allocation to ci tie s for the fiscal. year'
1956, and
WHEREAS, the Common Council has heard read said agreement in
full and is familiar with the contents thereof;
THEREFORE, be it resolved by the Common Council of the City
of Gilroy that said project statement be and it is hereby adopted
as the budget of proposed expenditures of gas tax allocation'to
cities,andsaid agreement be and the same is hereby approved and
the Mayor and the City Clerk are directed to sign the same on
behalf of said city,said agreement to be binding upon the City
upon its execution by the authorized officials of the state.
ADOPl'ED and PASSED this 18th day of July,1955 be the following
vote:
AYES:
NOES:
ABSEtTT :
Councilmen Pate,Gallo,Kennedy,Rush,Sanchez
Councilmen None
Councilman Petersen.
4~.!vrt'/,
Mayor
At t(y': (3-
City ~erk t5f-
Councilman Pate discusses the matter of c~P.g>ti~ pbli,eyo:t
seal coating streets. It is unanimjmsly agreed that streets be
seal coated from gutter to gutter on streets where curbs and
gutters have been installed on both sides of the street.
Councilman Pate announces that the Auxilliary Police have s
selected Friday ,July 22nd as the date for the barbecue to be given
J
1684
by the City.
Councilman Kennedy reports that termites hav e been discovered, in
the library building along with a considerable amount ot Eh-y",.r'ot.
The Chief Administrative Officer states that he contacted a ,pest:
control service upon being informed of the condition of the building
and they have submitted a figure of $898.00 to fumigate the budlding,
LPeat the dry rot and replace all damaged members of the structure.
A communication is read from the Division of Highways relative
to a meeting to discuss the proposed freew~. It 1s unanimously
agreed that highway officials be invited to attend the meetilng of
the Council on Monday,July 25.,1955.
Councilman Sanchez reports that the Industrial Committee of the
Chamber of Commerce has asked if the Gymkhana ground s are for
sale 'to.:.- a reliable industry. It is unanimously agreed that the
dir~ctors of the Gymkhana Association be invited to attend the
Council meeting on Monday,July 25,1955 to discuss this matter '
before any action is taken by the Council to advise the Industrial
Committee.
Councilman Sanchez reports that he has been in contact with Mr.
George Nickel of the Miller & Lux interests with reference to
the Henry Miller Hospital Reservation Site. Mr.Nickel stated
that two members were absent at the last board meeting of Miller
& Lux, Incorporated but that he ,Mr .Nickel, was keeping in touch
with the matter.
Gallo
Councilman/asks if anything has been done to thank Filice and
Perrelli Canning Company for the use of their pump and water
during the recent operation of cleaning of the reservoir. The
Chief Administrative 0 fficer states that he has ~ontacted Mr.
Frank Perrelli and is awaiting a report from him as to the amil1unt
the city owes for use of the pump; also that a letter of thanks JI
will accompany the warrant paying the amount due.
Motion by Councilman Kennedy,seconded by Councilman Rush and
carried that this meeting adjourn to Mond~,July 25,1955 at ~:30
P.M.,Council chambers,City Ha1l,Gilroy,California.
GU.~
City Cler
J
J
.
3