Minutes 1957/07/01
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Gilroy, California
July 1, 1957
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This regular monthly meeting of the ConlIilon Council is called to order
b;y His Honor Hayor George C. IvIilias.
Present: Councilmen Carl H. Pate, Courtland H. Rush, Sig Sanchez,
Charles Gallo, Kenneth Petersen, Everett Wentworth.
The Hayor asks if all Councilmen have received copies of the regular
monthly meeting of June 3rd, the adjourned meeting of June 17th and the
special meeting of June 27th, 1957.
All Councilmen answer in the affirmative.
The Na3Tor asks if there are any errors or ordssions in the minutes as
')resented.
No errors or ornissions are noted.
The l'Iayor declares that the minutes of June 3rd, June 17th and June
27th approved.
A communication from Hr. Howard id. Campen, County Executive of Santa
Clara County, giving an esti;nated cost of :,?2500.00 on a proposed planning
survey withing the City of Gilroy corporate limits, is read.
Notion by Councilman Pate, second by Councilman Rush and carried
that the City of Gilroy accept the proposal and that the City Clerk so
inform Hr. Campen,
A communciation is read from the Department of Public Works , Division
of Highways, stating that an aerial rr~p of the City of Gilroy is being
sent under separate cover as an aid to the preparation of the 210 Highway
Needs Report. The conwunciation is ordered filed.
A request is read from the "Senioritas" drill team for a donation
toward ::'lending the drill team to the National Spectacle of Husic Competition
to be held at IvIilwaukee, Hisconsin of, July 20th.
HI'S. Lee Berta, Captain of the ttSenor:itastt, now appears before the
Council setting forth her reasons for the re~~est and stating the need for
0500.00. The request is placed in the hands of the Finance Comnittee for
a recommendation at tre adjourned meeting to be held on July 15th.
A letter from the Planning Cormnission is read recormnending certain
changes in the zoning ordinance, recommending a land use survey by the
County Planning Commission and recormClending that the application of Frank
Lemos for a residence on lliller Avenue be denied.
The City Attorney now states that he has a resolution frota the
Pl:o.nning COYilmission reconunending the changes in the Zoning Ordinance
which \-,e will present later at this meeting.
liayor I'lilias nOlfT asks that the bids for the construction of a storm
drain on Fifth Street from Princevalle to Filice Drive be opened. Three
bids are received and are as follows: Granite Construction Co., $l7,404.80;
Hiliiam l1adtke & Son, ;~15,861.35 and Reriz Construction Co., $17,634.00.
fIotion by CounciL~an Wentworth, second by Councilman Gallo and carried
that the bid of Hillian Radtke & Son for the sum of ~P15 ,1561.35 be accepted.
l'Iayor llilias now asks that the controversy over the building on the
George \Ihite property be taken up.
The City Attorney states that the building is at present illegal and
sets forth the necessary alternatives to make the building conform to
the Zoning Ordinance.
Hr. Herrr~n J. Hager, attorney for Hr. George White, appears before
the Common Council and states that his client will not tear down the build-
ing unless ordered to do so through court action. He asks that a suitable
compromise be found. The Hayor asks Hr. White if there are cooking facil-
ities in the building. l'IT. vVhite states that he has purchased cooking
appliances but that they were not hooked up. I'IT. Hhite then agrees to
move the building to make it conform to the Zoning Ordinance as an acces-
sory building by moving it five feet from his north property line and
twenty-five feet from the center of the alley and he agrees not to install
cooking facilities. A maximun of sixty days is granted l'IT. 'ilhite to move
the building in such a manner as to conform with the Zoning Ordinance.
An application for a use pernri.t from l'IT. Horace 1,1. ~lillard to erect
a building for a radio station on Swanston Lane is read. Attached to the
letter of application is a staternent f~m ~)eople living in the area stat-
ing that they have no objection to the radio station.
Hotion by Councilman Wentworth, second by Councilman Gallo and
carried that the application for the building for a radio station on
Swanston Lane be referred to the Planning COmJnission for a recommendation ~
to be made to the COITion Council as quickly as possible.
Councilman Pate announces that he has nothing further to report on
the proposed parking lot on Southern Pacific Co. property.
The City Attorney reports that the bill for t~~es on the lIonterey
Street Electroliers is a City liability. He also reports that the plan
for a supplementary retirement plan will need several months for investigation
and study.
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A report from. the Planning COE1.'nission, in the form of a resolution,
recommending certain changes in the Zoning Ordinance is nresented.
Resolution No. 436 is presented and read by the City Attorney.
Hotion by Councilman Pate, second by CounciJJlan Petersen that Res-
olution No. 436 be adopted.
RESOLUTION NO. 436
RESOLUTION OF THE Cor~10N COUNCIL OF THE CITY OF GILROY FIXING TItlli M~D
PLACE OF HEARING REPORT AND RECOI-JIIENDATION OF THE CITY PLANNING COVLHISSION
ON M{ENDING ZONING ORDINANCE NO. 422 OF THE CITY OF GILROY.
H1IEtl.EAS, the City Planning Commission of the City of Gilroy has
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reported, found, and recommended, after due hearing had thereon, that
Ordinance No. 1".22, commonly known as the Zoning Ordinance, be amended in
the following particulars:
That a subdivision to be known as subdivision (b) to be added to
Section 7-1/2 of said ordinance No. 1".22 as amended by ordinance No. L~86,
to read as follows:
(b) Yfu1.DS RE(~U IRED
Sari'.e as required in nCtt Districts, except that when a "cn or
"C-lll District and an IlAIl or ltBIl District are adjacent to each
other in the same block the setback of the side or front of a
building in said "cn or tlC-ln District shall be the same as the
setback required on the same street in the "All or lIBu District,
and that were subdivisions 1". and 5 of Subsection (6) of Section
12 of said Ordinance No. 1".22, or either of said subdivisions, are
in conflict with this subdivision this subdivision shall govern:
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and that subdivisions 7, 8, (3A, 8B and 8C of subsection (b) of Section 12
of said Ordinance No. 1".22 be amended to read as follOlTs:
7: In case an accessory building is attached to the nain build-
ing, it shall be Llade structurally a part thereof and whether
attached or deta.ched, shall have the same general exterior char-u
acteristics and finish as the main building, and shall corcply
in all respects with the requirerr,ents of this ordinance appli-
cable to the main building. An accessory building, unless
attached to and lnade a part of the ;{lain building as hereinafter
provided for shaH not be closer than five (5) feet to the main
building, except as otherwise provided in this section; any
accessory building which is connected to the main building only
by a breeze\'lay or similar structure shall be deemed for all the
purposes of this ordinance, to be detached from the Llain
building.
'5: II. detached accessory building of not over one (1) story,
and not exceeding twelve (12) feet in height at its highest
:,cint, rnay occupy not to exceec' 30% of the area of any rear
yard, the nearest wall of such accessory building to a lot
side line Lay be as near as 1-1/2 feet to any such side line,
unless sorn.e other provision of the zoning ordinance or of sor:le
other ordinance of the City of Gilroy requires a greater dis-
tance, but said wall shall not be nearer than 1-;1,/2 feet fron
said side line, and provided
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(a) That such accessory building may be used in an tlAn
or tlE" Dj_strict for sleeping purposes when no rent,
either direct or indirect, is paid for such use, or for
sleeping purposes by servants, including the fanily of
the same, which are employed on the sanle lot, and pro-
vided that no cooking facilities shall be installed in
such accessory building in any !fA" District.
Subdivisions 3B and 8 C of said Subsection (b) of Section
12 of said Ordinance No. 422 are hereby repealed.
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Now, therefor, BE IT RESOLVED that a public hearing be held on the
5th day of August, 1957 at the hour of 8:00 o'clock P.H. in the Com-
mon CounciJ Room of the City Hall of Gilroy, California upon the said
proposed amendements, ,,,hen and where any person interested may protest
and/or object to said proposed amenilinents.
BE IT FURTH~ RESOLVED, that the City Clerk of the City of Gilroy
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give notice of the said hearing in accordance with law and the ordinances
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of the City of gilro;y.
PASSED and ADOPTED the first day of July, 1957 by the follo~~ng
vote:
AYES:
Councilmen Pate, Rush, Sanchez, Gallo, Petersen,\1entworth
NOES:
CounciJJnen None
ABSENT: Councilmen None
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l;Iilias
ATTEST:
G. B. Carr
City Clerk
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The City Attorney presents and reads Ordinance 556. Hotion by
Councillnan Pate, second by ouncilman Petersen that Ordinance No. 556
be adopted.
ORDINANCE NO. 556
ORDINANCE OF THE CITY OF GILROY AJvlENDING SECTION 3 OF ORDINANCE NO.
471, lIHICH PROVIDES FOR THE REGULATION AND LICENSING OF BICYCLES AND
, PROVIDING PENALTIES FOR VIOLATION THEREOF BY REDUCING THE LICENSE FEE
FROIl THE SUl.i OF':il.OO TO THE sun OF,pO.5C FOR EACH VEHICLE.
PASSED and ADOPTED this first day of Jul~T, 1957, by the follo"Vring
vote:
AYES: CounciJJ1~n Pate, Rush, Sanchez, Petersen, Gallo, Wentworth
NOES: Council~en None
ABSENT: CounciJJnen None
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. Hilias
ATTEST:
IIP"''''
G. B.Carr
City berk
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Resolution No. 437 is presented by the City Attorney. Motion by
Councilman Pate, second by Councilrr.an Sanchez that Resolution No. 437
be adopted.
RESOLUTION NO. 437
lffiEREAS, Philip A. Cox, the City Clerk of the City of Gilroy for
twenty years, continuously, died on Sunday, the 23 day of June, 1957,
and
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hTJ-IE.c'lEAS, said Philip A. Cox, in addition to filling the position
of City Clerk, also acted in the capacity of City Awninistrator or Co-
ordinator during the last several years of his life, and
~~EREAS, said Philip A. Cox was a man of great integrity, of many
special talents and abilities, and unusual industry, which enabled him
to perform ,'nth distinction the manifold and often' complicated duties
which devolved upon hirr: as an important public servant of the City of
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Gilroy, and
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h'HEREAS, the said Philip A. Cox was one of the nost conscientious
lllen ever to occupy public office in the City of Gilroy, who was alwa;yrs
ready to assist the other departments of the City in the perforrrBDce
of their duties by suggestions or advise dral'ffi from a large reservoir
of knowledge accumulated over the years by experience and arduous study,
all of which was invaluable to the executive, legislative and other
denartments of the City, which ;~de his counsel and opinions most de-
lendable,
NOVI, therefor, BE IT RESOLVED by the Nayor and Common Council of
the City of Gilroy that in the death of said Philip A. Cox, the City
of Gilroy and the inhabitants thereof have lost the services of a Iuan
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Ivho was far beyond the ordinary in ability and integrity, aDd who will
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not be easily, if ever, replaced, and that Philip A. Cox was a man who
was greatly esteemed by his associates, loved by his friends, and res-
pectedby all.
BE IT FURTH~l RESOLVED that a copy of this Resolution duly en-
grossed, be tendered to Virginia Cox, the wife of said Philip A. Cox,
as an expression of the heartfelt sympathy of the IIayor and qommon
Council, acting on behalf of the people of the City of Gilroy.
ADOPTED AND PASSED this first day of July, 1957 by the fol10w-
ing vote:
AYES:
Councilnlen Pate, Rush, Sanchez, Petersen, Gallo, Hentworth
NOES:
Councilmen None
ABSENT: CounciJJrlen Iione
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C. Hilias
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ATTEST:
G. B. Carr
City Clerk
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The Hayor states that he has a request from Hr. Ed Kennedy for the
City to remove a cloud upon the title of property belonging to him and
located adjacent to the overflow ditch from the City Reservoir. He
states that under a present agreenent the City is now held free from
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damages should Hater run onto his pro:Jerty frmrl the overfloVf ditch.
Hotion by Councilman Petersen, second by Councilman Rush and carried
that the City., Att-,'e;J87 be -instructed to draVf the necessary "iapers to re":'
move the cloud en title of the r:roperty ovmed by Vir. Ed Kennedy.
Motion by Councilman HentVforth, second by Counciln;an Rush and carried
that the City Engineer be given approval to submit estimates, drmi plans
and sJecifications and prepare the bids for the filter beds, nipe line etc.
at the South Santa ClcE'2., Hater Conservation Dam for the City's Vfater
supply.
It is stated that representatives of I-Tiller 8e Lux v-lish to rneet '\rlith
the Common Council regarding the use of property belonging to them for
a recreation 'lark. No date for the ILeeting is set.
tbtion by Councibm,n Sanchez, second by Councill~~n Petersen and carried
that the recor.1.111endation of the Planning Commission on the application of
Frank Lemos for a permit to construct a residence facing I,Tiller Avenue
be accepted, that the application be denied and that the City Clerk be
instructed to so notif~r :Hr. Lemos.
Reports of the City Officers are presented and read.
flotion by Councilnan Rush, second by Councilman Sanchez and carried
that the reTJOrts be accented as read and Dlaced on file.
Hotion by Counci~man Pate, second by Councilman Rush and carried
that the bills as presented be alloVfed and warrants ordered drav-m on the
Treasurer.
Eotion by Councilman Sanchez, second by Councilman Petersen and
carried that this meeting adjourn to lIonday, July 15,1957 at f5:00 o'clock
P.lT. at the Council Chambers, City Hall, Gilroy, California.-
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City Clerk