HomeMy WebLinkAboutMinutes 1951/10/011285
Gilroy,California
October 1,1951.
This regular monthly meeting of the Common Council is called to order
by His Honor Mayor George C.Milias.
Present:Councilmen George M.Mason,J.H.Wentworth,James B.Thomas,David
V.Stout,Carl W.Pate. Absent:Councilman Dale D.Daniels.
Minutes of the regular monthly meeting of September 4th and regular
adjourned meetings of September 10th,llth,17t4,18th and 24th,1951 are
read.
Motion by Councilman Wentworth,seconded by Councilman Pate and
carried that the minutes of September 4th,10th,llth,17th1$th and
24th1951, be accepted as read.
Applications for an Off Sale Beer xxd Wixz License by Steve Aimo
and Andrew,Trinchero,d.b.a. Palls Club,36 S.Monterey Street and
for an Off Sale Beer and Wine License by James A Telfer,281 First
Street are presented and reacl. No objection is made.
Reports of water samples taken by the Santa Clara County Health
Department September 12th,17th,18th and 19th,1951 are presented and
read and ordered filed.
The annual report of the Gilroy Public Library is presented and
read .
Motion by Councilman Stout,seconded by Councilman Wentworth and
carried that the annual report of the Gilroy Public Library be
accepted and a letter be sent to the Board of Trustees commending
them for their outstanding work.
The report of the Building Inspector for the month of September,
1951 is presented and read and ordered placed on file.
The report of the Poundmaster for the month of September,1951 is
pbesented and read and ordered placed on file.
The report of Arrests and Traffic Citations by the Police Department
for the month of September,1951 is presented and read and ordered
placed on file.
A communication is read from Captain Harold Sturla of the Gilroy
Police Department submitting his resignation from the department
effective immediately.
Motion by Councilman Stout,seconded by Councilman Mason and carried
that the resignation of Captain Harold Sturla from the Gilroy Police
Department be accepted and the Clerk be instructed to write a letter
to him expressing the Councilts appreciation for his ervcies in the
past.
1286
The Mayor now states that this is the time specified at a regular
adbourned meeting of the Council on September 24th,1951, to hear
the application of Jehovah's Witnesses for a Use Permit to erect a
church building at the northwest corner of Seventh and Chestnut
Streets.and asks the City Attorney to submit his findings with
reference to granting or denying an application for a Use Permit.
The City Attorney cites Sections 15
and
16 of
the Zoning
Ordinance
as gmverning the granting or denying
of
a Use
Permit and
reads
Section 16. The attorney also states that the Appelate Court has
upheld the right of a city to deny a Use Permit.and states that his
opinion is that the Council has the right to grant or deny an app-
lication for a Use Permit.
The Mayor now asks if any of the Councilmen have any questions
and Councilmen Pate and Wentworth ask the attorney questions.
The Mayor now asks if there is any person present who desires to
speak against granting of a Use Permit to Jehovah& Witnesses to
erect a church building at the northwest corner of Seventh and
Chestnut Streets. No Person appears to speak against the granting
of the Use Permit applied for.
Mr -John Brill,attorney -at -law, now appears before the Council
and states that he represents the applicants for the xx Use Permit.
Approximately 20 persons,members of Jehovah's Witnesses are present.
Mr.Brill now discusses the *r ;ieation of his clients and calls
M ss.Mary C.Hudson as a witness.Questmoning df the witness by Mr.
Brill follows.
Mr.Johnson,City Attorney,now states that he had charge of the
property upon which Jehovah's Witnesses pequest permission to erect
a church building and akks Miss.Hudson if she remembers he told her
to wait until she could find out whether she could secure a Use
Permit before she purchased the property. Miss. Hudson states that
she did not remember.
Mr.Brill now calls Mr.J.W.Dugan as a witness. During the course
of questioning Mr.Dugan presents a petition signed by five persons
and himself who reside in the neighborhood of the proposed location
of the church said petition stating in part "We welcome Jehovah's
Witnesses to the neighborhood ". We are sure the structure they will
erect will be an improvement as well as a benfifit to the neighborhood ".
Councilman Stout now compliments Mr.Brill on the presentation of
his case and states that reports in the newspaper should not be
acceptddias fact.Councilman Stout discusses the matter of tranquility
guaranteed by the Constitution and states that he believes that this
is of prime importance.
Mr.Brill now discusses the Constitutional provisions for religious
freedom.
The Mayor now discusses provisions of the Zoning Ordinance with
reference to the subject being discussed.
Dr.Leon Melkonian now appears before the Council to discuss the
matter of policy of the Council and states that he objects to the
teaching of people not to defend their country in theevent of
invasion by an enemy and believes this would be dangerous for the
people residing in the community.
Mr.Brill objects to Dr.Melkonian's remarks and asks that they be
stricken from the record. The Mayor overrules the objection stating
that any one present will be given an opportunity to say anything
he likes as this hearing will be fair and impartial.
Mr.Walter Hanna,Jr.now appears before the Council and states that
he believes that Jehovah &s Witnesses are detrimental to the public
welfare.
The City Attorney now makes further remarks to which Br.Brill
objects and asks that they be stricken from the record.The Mayor
overrules Mr.Brill's objection.
Mr.Joseph Huughteling,co- ownerm of the Gilroy Evening Dispatch,
now appears before the Council to discuss an editorial appearing in
his newspaper and states that he feels that Jehovah Witnesses have
a right to have a church.
Mr.Johnson now states that the Council cannot act on the case on
a religious basis and must be decided entirely upon the basis of
the ordinance provisions.
The Mayor now akx asks if there is any other persons present who
desire to speak on this matter. No person appears to discuss the
matter.
Motion by Councilman Pate,seconded by Councilman Thomas that a Use
Permit be granted to Jehovah's Witnesses to erect a church building
at the northwest corner of Seventh and Chestnut streets.
Vote on the motion to grant the Use Permit:
AYES: Councilmen George M.Mason,J.H.Wentworth,James B.Thomas,
Carl W.Pate.
Noes: Councilman David V.Stout.
ABSENT: Councilman Dale D.Daniels.
Councilman Pate suggests that the Councilmen give some thought to
1288
on the matter of a man to replace Captain Harold Sturla.
Councilman Thpmas states that the annual Firemen's banquet will
be held Friday,October 12,1951 and the Clerk is instructed to
invite all city employees to attend.
Councilman Stout now discusses the s matter of height of fences
and suggests that thought be given to an ordinance allowing a
seven foot fence along an alley line and not more than six feet
along the other sides of lots.
In a general discussion on the matter the Ordinance Committee
is instructed to have the City Attorney draw an ordinance limit-
ing the height of fences along alleys to seven feet;six feet from
rear lot line to rear of dwelling and side fences to four feet.
Councilman Stout now discusses the matter of vacation pay for
the recreation commission coordinator and other employees of the
the recreation commission stating that he believed that part
time employees should not be entitled to vacations with pay.
It is unanimously agreed that the Clerk write a letter to the
chairman of the Recreation Commission advising him that XkN the
city does not allow vacation with pay for part time employees.
Reports of city officers are presented and read.
Motion by Councilman I Stout,seconded by Councilman Thomas and
carried that the reports of city officers be accepted as read
and placed on file.
Motion by Councilman Stout,seconded by Councilman Mason and
carried that bills as presented be allowed and warrants ordered
drawn on the Treasurer.
The City Administrator is instructed to request the City Marshal
hire an extra traffic officer op a temporary basis to concentrate
on stopping speeding on Monterey Street.
Adjourned subject to the
call of the chair.
4
6r, PW
City ler