Minutes 1957/04/15
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Gilroy,California
Aoril 15,1957
This regular adjourned meeting of the Common Council is called to
order by His Honor Mayor George C.Milias.
Present:Councilmen Carl W.Pate,Sig Sanchez, Charles Gallo,Kenneth
L.Petersen,Courtland M.Rush,Everett C.Wentworth.
The r'Iavor now calls unon Rev.Arthur Breed of the Methodist C'1urch
to ~ive the invocation.'
A communication with apnlication for electric franchise and
application for qas franchise from the Pacific Gas and Electric
Comnanv are presented and read.
The Mayor reviews the history of the franchises and the recent
negotiations with the Pacific Gas and Electric Company.
rsr.L.J.Brundi~e,Division Manager of Pacific Gas and Electric
Company is present and answers questions asked by the Mayor and
Councilmen.
The City Attorney presents and reads RESOLUTION NO.422.
Motion by Councilman Sanchez, seconded by Councilman Pate that
RESOLUTION NO.422 be adopted:
RESOLUTION NO.422
WHEREAS, Pacific Gas and Electric Company,a California utility
corporation,has filed with the Common Council of the City of Gilrov
an anplication requestin~ that a franchise be ~ranted to it of the
character and for the purposes mentioned in the form of notice here-
inafter mentioned in the form of notice hereinafter set forth;and
itJHEREAS,in the opinion of said Council the public good requires
that said franchise be granted;
NOw, THEREFORE, BE IT RESOLVED that said Common Council intends to
grant said franchise, that he~ring of objections to the granting
thereof will be held at the time and place specified in the form ac
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of notice hereinafter set forth which the Clerk of said City is
hereby directed to publish at least once within fifteen days after
the nassage of this resolution in Gilroy Evening Dispatch,a news-
paper of ~eneral circulation within said City, and that said notice
shall be in the following word and figures:
"l'{OJ'lGE..,J).F_ llLTE.NTIQN .:rn GRAN,T FRANC:-II SE
RESOLUTION OF INTENTION TO GRANf'ELECTRIC FRANCHISE
NOTICE IS HEREBY GIVEN that Pacific Gas and
Electric Company,a California utility corporation,has filed its
anplication with the Common Council of the City of Gilroy re-
questing said Council to grant it a franchise for an indeterminate
period,under the Franchise Act of 1937,to construct,maint ain,and
use poles, wires, conduits and appurtenances, including communication
citcuits,in,along,across,upon and under the public streets and
nlaces within said City for transmitting and distributing elec-
tricityto the public for any and all purposes.
If said franchise be granted to it,said
Pacific Gas and Electric Company,its successors and assigns,here-
inafter designated grantee, shall during the period commencing
on the effective date of said franchise and terminating on June
17,1972, pay to said City two per cent of the gross annual receints
of grantee derived from the sale of electricity within the limits
of city. Thereafter said grantee shall during the life of said
franchise pay to said City two per cent of the gross annual
receipts of said grantee arising from the use,operation or
possession of said franchise;provided,however,that such payment
shall in no event be less than one ner cent of the gross annual
receipts derived by grantee from the sale of electricity within
the limits of said City.
All franchise payments will be paid annually
from the date of the ~ranting of the franchise applied for and
in the event any such payment shall not be made said franchise
shall be forfeited. Said Common Council nroposes to ~rant said
franchise for an indeterminate period.
NOTICE IS HEREBY FURTHER GIVEN that any and
all persons having any objections to the granting of said fran-
chise may apnear before. said Council at the City Hall of said
City at the hour of g p.m. on Nonday,the 13th day of May,1957,
and be heard thereof;and
NOTICE IS HEREBY FURTHER GIVEN that at any
time not later than the hour so set for hearing objections any
person interested may make written protest stating objections
against the granting of said franchise which propest must be
signed by the protestant and delivered to the City Clerk of
said City, and the Council shall at the time set for hearing said
objections proceed to hear and pass upon all protests s~ made.
For further particulars reference is hereby
made to said application filed as aforesaid in the office of
said Council, and also to the resolution adonted on the 15th
day of April,1957,declaring its intention to grantsaid franchise.
Dated:April 16,1957.
By order of the Common Council of the City
of Gilroy.
Clerk of th~C~~~~GilrOY
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Tne foregoing resolution was duly passed and adopted by the Common
Council of the City of Gilroy at a regular adjourned meeting of the
said Common Council held on the 15th day of April,1957,by the follow-
ing vote:
!l'{E3 :
Councilmen Pate,Sanchez,~allo,Petersen,Rush,Wentworth
Councilmen !Tone
Councilmen None
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NAYS:
ABSENT:
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the City of Gilroy
ATfESfa G. ~
Clerk ofl"the cfy of Gilroy
The City Attorney now presents and reads RESOLUTION NO.423.
Motion by Councilman Hush,seconded by Councilman Gallo that
RESOLUTION NO.423 be adopted:
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RESOLUTION NO.423
RESOLUTION OF INTENTION TO GRANT GAS FRANCHISE
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WHEREAS Pacific Gas and Electric Company,a California utility cor-
poration,has filed wihh the Common Council of the City of Gilroy an
application requestins that a franchise be ~ranted to it of the char-
acter and for the purnoses mentioned in the form of notice hereinafter
set forth;and
WHEREAS in the oDinion of said Council the public good requires that
said franchise be granted;
fWd, THEREFOHE, BE IT RESOLVED that said Common Council intends to grant
said franchise,that hearing of objections to the granting thereof will
be held at the time and place specified in the form of notice hereinafter
set forth vJhich the Clerk of said City is hereby directed to publish at
least once within fifteen days after the passage of the resolution in
Gilroy Evening Dispatch;a newspaper of general circulation within said
City, and that said notice shall be in the following words and figures:
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"J'WTICE OF INTENTION TO GRANT FRANCHISE
NOTICE IS HEREBY GIVEN that Pacific Gas and
Electric Company,a California Utility corporation,has filed
its application with the Common Council of the City of Gilroy
requestin~ said Council to grant it a franchise for an in~eter-
minate period,under the Franchise Act of 1937,to install,maintain
and use pines and appurtenances under,alon~,across and upon the
public streets and places ~ithin said City for transmitting and
distributing gas to the public for any and all purposes.
If said franchise shall be ~ranted to it,said
Pacific Gas and Electric Company,its successors and assigns,
hereinafter designated~rantee,shall during the period commencing
on the effective date of said franchise and terminating on June
17,1972,pay to said City two per cent of the ~ross annual receiDts
of ~rantee derived from the sale of ~as within the limits of the
city. Thereafter said grantee shall during the life of said
franchise pay to the said City two per cent of the gross annual
receipts of said grantee arising from the use,operation or
possession of said franchise;provided,however,that such payment
shall in no event be less thanon per cent of the ~ross annual
receints derived by grantee from the sale of gas within the
limits of said City.
All franchise payments will be paid annually from
the date of the granting of the franchise applied for an in the
event any such payment shall not be m~de said franchise shall be
forfeited. Said Common Council proposes to grant said franchise
for an indeterminate neriod.
NOTICE IS HEREBY FURTHER GIVEN that any an all
persons having any objections to the ~ranting of said franchise
may appear before said Council at the City Hall of said City at
the hour of 8:00 p.rn.on Monda~,the 13th day of May,1957,and be
heard thereon;and
NOTICE IS HEREBY FURTHER GIVEN that at any time
not later than the hour so set for hearing objections any nerson
interested may make written protest stating objections against
the granting of said franchise which propest must be signed by
the~ protestant and delivered to the City Clerk of said City.
and the Council shall at the time set for hearing said objections
proceed to hear and pass upon all protests so made.
For further particulars reference is hereby made
to said application filed as aforesaid in the office of said
Council, and also to the resolution adopted on the 15th day of
April,1957, declaring its intention to grant said franchise.
Dated:April 16,1957.
By order of the Common
Gilroy.
Council of the City of
CZ.~.~
Clerk of the Cit" of Gilroy
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The foregoing resolution was duly passed and adopted by the Common
Council of the City of Gilroy at a regular adjourned meeting of the
said Common Co~ncil held on the 15th day of April,1957,by the following
vote:
AYE S :
NAYS:
ABSENT:
Councilmen Pate,Sanchez,Gallo~Petersen,Rush,Wentworth
Councilmen None
Councilmen None
A communication is read from the City Marshal requesting the Council
to grant permission to form the Gilroy Youth Guidance Committee,
patterned after a sIDmilar organization in the City of Campbell.
Motion by Councilman Petersen, seconded by Councilman Wentworth and
carried that the City Marshal be ~ranted nermission to form the
Gilroy Youth Guidance Committee patterned after a similar organization ..
in the City of Campbell.
A communication is read from the City Marshal recommending that
Raymond J.Fortado,66 N.Hanna Street,be appointed Special Police Officer.
Motion by Councilman Sanchez, seconded by Councilman Pate and carried
that the recommendation of the City Marshal be accepted and that
Raymon. J.Fortado,66 N.lanna Street, be appointed Special Police Officer.
A communication 0,3 read from Mr. Darrell Handel, director "Of music,
Gilroy High School, requesting permission ~ use ~~eeler Auditorium
for their annual Spring Concert on June 6,1957 and on June 5th for
rehearsal.
Motion by Councilman Petersen, seconded by Councilman Wentworth and
carried that the high school be granted free use of W~eeler Auditorium
on June 6th for their annual Spring concert and that the music director
be advised if they wish to use the auditorium on Nune 5th for rehearsal
that arrangements be made with the dancin~ school director;that they
also be advised that that they WLilil be liable for any damage to t~e
building or its facilities during the time they are using it.
A petition signed by twenty-one property owners residing in the
three hundred block on the east side of Princevalle Street and the
west side of Carmel Street requestin~ the Council bring before its
meeting a drawing,or plat,showing the lot and building site,the
proDosed location of the building, as said drawing,or plat,was sub-
mitted by George Wnite and his wife,in conformance with Section 14
of Ordinance No.422,in applying for the permit to build the two-
story accessory building they have constructed on their premises:that
if such drawing or ~lat has not been submitted in applying for the
permit, that such permit be declared null and vo~d,etc.
A communication with a plot plan of his property shawin~ the nresent
location of the accessory building and indicating the location of the
building if he is p;ranted permission to move it and showing how he
intends to divide the Dr00erty to meet the 7000 square foot requirement
for a dwelling, si gnedby George \Iv'. VJ'ni te, 300 N. Princevalle Street, is
prFsented and read and the plot plan placed on the Council table for
viewing.
The Building Inspector presents the building permit for the accessory
building as apnlied for by Mr. George W.White.
The Mayor now declares a five minute recess so that all present can
view the plot plan as presented by Mr.White.
At the conclusion of the recess period r1r.Maitland Chanpell,311 N.
Carmel Street and r1r.John Lang,3l0 N.Prin~evalle Street,along with
other property owners in the area join in the discusstmn of the plot
nlan and the ~eneral discussion of the entire matter.
, ~Ir.White requests that a decision be made by the Council as to
whether the accessory building in its present location on his nroperty
meets the requirements of the Zoning Ordinance as a guest house.
Motion by Councilman Pate, seconded by Councilman Wentworth and carried
that it be ascertained by the City Attorney if the present building ,~
on the rear of the lot of the George 'iJhi te property at 300 N. Prince-
valle Street is legal,under the Zonin~ Ordinance, as a ~uest house.
~lotion by Councilman Pate,seconded by Councilman Petersen and
carried that the request of Hr.George 'IJhite,300 N.Princevalle Street,
to move the present accessory building to a new location on the
property be held in abeyance until such time as an opinion is given
on the original plan.
Councilman Pat~tates that he has no report on the proposed county-
wide road survey. It is unanimously agreed to postpone action on this
matter until the next meeting of the Council.
The Clerk presents AS 1647~providing for a San Francisco Bay Area
Regional Planning District-and the subject is discussed~
Motion by Councilman Rush,seconded by Councilman Pate and carried
that the matter of endorsing AB 1647 be tabled.
The Building Inspector recommends that the request of ~lome Gas
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A TTE ST,:
G.CA.~
Clerk of the Ci y of Gilroy
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r,Iayo of the City of Gilroy
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and Appliance,Inc.to instal a 1000 gallon Propane Resale Dispencer
at Dalcin Brothers Service Station,636 N.Monterey Street, be denied.
T~otion by Councilman Rush,seconded by Councilman Sanchez amd carried
that the request of 10me Gas and Appliance,Inc.to instal a 1000 gallon
Propane Resale Dispencer at Dalcin Brothers Service 3tation,636 N.
Monterey Street, be denied.
Councilman Petersen renorts that the Buildings and Grounds Committee
recommends that the Gilroy Eagles Auxiliary be' charged 1~30. 00 for rent
of vrneeler Auditorium for their show on April 29,1957,as a portion of
the proceeds are to be used for community youth actnvities.
Motion by Councilman Petersen, seconded by C?uncilman Wentworth and
carried that the Gilroy Eagles Auxiliary payp30.00 for the use of
';\Jheeler Audi tori um 'for their shoVJ to be sta ged on Apri 1 29,1957.
Councilman ~entworth requests two weeks time to present his reoort
on the Miller Avenue-Fifth Street drainage project.
Councilman Sanchez, chairman of the dater Committee,reports on his
committee's meeting with the property owners on North Forest Street
with reference to the installation of a new water main to serve the
dwellings located on the west side of Forest Street between Swanston
Lane and Leavesley Road;that all but two pronerty owners were present
and those present agreed to make monthly payments for their share of
a four inch line and appurtenances.
Motion by Councilman 3anchez,seconded by Councilman Petersen and
carried that the City Attorney and the Water Committee proceed to
draw up contracts with the property owners on North Forest Street~
that the recommendations of the '.later Committee be carried out and
that the necessary pine fittings and fire hydrant be ordered,to
instal a six inch water main on Forest Street between Swanston Lane
and the north boundary of the Glover property.
A representative of the Division of 1ighways now appears before the
Council to discuss the purchase of .99 acres of city property located
at the northeast corner of :Iecker Pass Road and Burchell Road, the land
to be used in straightening out Hecker Pass Road at this point.
Notion by Councilman Pate,seconded by Councilman Sanchez and carried
that .99 acres of land located at the northeast corner of ~ecker Pass
Road and Burchell Road be deeded to the State of California for the
sum of~l. 00.
Councilman Pate reports that the work of extending Alexander Street
from Ninth Street to the south city limits will get under way at once.
Councilman Pate reports that he has been advised by the Division of
Highways that the traffic signals at Fifth and Monterey streets anet
Lewis and Monterey streets will be changed as soon as the highway
engineers can do the work.
Councilman Pate requests the councilmen to give some thour;hto
requiring householders to place lawn trimmings in boxes in front (,f
their homes for street department pickup and that all shurb and tree
trimmings be tied ih bundles.
W.J.Hanna,Jr. of the City Engineer's office now aDpears before the
Council to discuss the opening of Forest Street between 8th and 9th
Streets. The City Attorney is instructed to investigate this matter
and report his findings to the Council.
Councilman Gallo,chairman of the Lighting Committee, reports that
the obtaining of one easement in the Renz Tract under the street
lighting program for this area is all that is delaying the Pacific
Gas and Electric Company from making the installations.
The City Attorney presents and reads RESOLUTIm~ NO.424.
I!lotion by Councilman Rush,seconded by Councilman Pate that
RESOLUTION NO.424 be adonted.
" RESOLUTION NO.424
WHEREAS,by Public Law 655,84th Congress (70 Stat.493) ,the Federal
government has authorized the donation of surplus Federal property
for civil defense purposes;and
VJIIEREA3, certain conditions are imposed by the J:<'ederal Civil Defense
Administration,the Department of Health,Education and Welfare,the
California Disaster Office, and the Surplus Property Division of the
State DeDartment of Education in connection with the acquisition of
such property;and
WHEREAS, the City of Gilroy desires to become eligible to acquire
such property;
NOW, THEREFORE, IT IS RESOLVED by the Common Council of said City
that Civil Defense Administrator Byron Brown,shall be and is hereby
authorized as the representative of said City to sign for and accept
surplus Federal property in accordance with the conditions imposed
by the above agencies;and
, IT IS FURTHER HESOLVED that the Clerk of the Council is hereby
authorized and directed to send two (2) certified copies of this
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Resolution to the California Disaster Office, for filing with said
Disaster office and with the State Department of Education;and
IT IS FURTHER RESOLVED that this resolution of authorization shall
remain in full force and effect until amended,superseded,or re-
scinded by resolution of this Council transmitted,in duplicate,to
the California Disaster Office.
Signature of person authorized to sign: S/S BYRON BROWN.
PASSED and ADOPTED this 15th day of April,1957,by the Common Council
of the City of Gilroy,State of California,by the following vote:
AYES: Councilmen Pate,Sanchez,Gallo,Petersen,Rush,Wentworth
NOES: Councilman None 00:, .
ABSENT: Councilmen None ~ ~ ~~' )
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Attest: Mayor
, .., ~~Y6~
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The City Attorney presents and reads RESOLUTION NO.425.
~otion by Councilman Pate;seconded by Councilman Petersen that
RESOLUTION NO.425 be adopted.
RESOLUTION NO.425
WHEREAS, the City Planning Commission of the City of Gilroy has
reported, found and recommended to the Common Council of said City
that said Common Council deny the petition of EUffiR J. SERPA to
re-zone from a "B" District to "C-l" District the following des-
cribed premises located in the City of Gilroy,County of Santa Clara,
State of California, to-wit:
Lots 6,7 and 8 of Block 6 North,
Range 5 West,of S.Loupe et al
Northern Addition to the City of
Gilroy,being a part of Las Animas
Sub-lot N6.43 and Sub-lot No.24.
Surveyed in 1888 by Hermann Bros.,
C.E. and filed as of record in the
office of the County Recorder of the
County of Santa Clara, State of
California,in Book "il" of Maps,at
Pa ge 5.
· Reference is hereby had to the map and ~eneral zonin~ ordinance
~o~ on file in the office of the City Clerk of said City of Gilroy.
NOW,THEREFORE,BE IT HESOLVED:
That a public hearing will be had on Monday,the 6th day of May,
1957,at the hour of 8:00 o'clock p.m.of said day,in the Common
Councilroom,in the City Hall of the City of Gilroy,when and where
any person interested may protest and/or object to such chanve.
PASSED and ADOPTED this 15th day of April,1957,by the followin~
vote:
AYES:
NOES:
ABSENT:
Councilmen Pate,Sanchez,Gallo,Petersen,Rush,Wentworth
Councilmen None
Councilmen None.
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Attest:
(>?r\..~
City Clek~'of he City
of Gilroy
of the City of Gilroy
The City At~orney presents a deed from the George C.Renz Const-
ruction Company,Inc.for the extension of La Sierra Way to Wayland
Lane and and a strip of land 19.88 feet in width for anralley and
RESOLUTION NO.426.
L,,~
RESOLUTION NO.426
BE IT RESOLVED:
fhat the City of Gilroy accepts the attached conveyance and consents
to its recordation.
PASSED and ADOPTED this 15th day of April,1957, by the following vote:
AYES: Councilmen Pate;:Sanchez,Gallo,Petersen,Rush,Wentworth
NOES: Councilmen None p _ r
ABSENT: Councilmen None. /~ 4--V (l?;l)~
V l'ayor
Attest:/J
G-~~ ~
City Clerk
lR() h)
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Motion by Councilman Pate, seconded by Councilman Petersen and cartied
that this meeting adjourn.
(J ~ -~
City Clerk