Minutes 1940/02/05
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G1lroy,California.
February 5,1940.
This regular monthly meetinB of the Common Council is called to
order by His Honor Mayor S.D.Heck.
Present:Councilmen:George C.Milias,Jr.,J~nes Battersby,George A.
Martin,George lvI.Mason. Absent: CouncilMen: Jack Rogers,Nat Heiner.
Minutes of the meetings of January lst,2nd,5th,15th and 18th,
1940 are read and approved.
This being the tJime specified in a public notice for a hearing
on the re-zoning of certain property. located in Block 3 North,Range
1 West,the Mayor asks if" there are any protests.
No protest being made ORDINANCE NO.431 is presented and read:
AN ORDINANCE AI'/fENDING ORDINA1"JCE NO.422 OF Th""E CITY OF GILROY
ENTITLED : "AN OHDINANCE Oli' THE CITY OF GILHOY, PROVIDING FOR
THE ESTABLIS:r::MENT 1'iITEIN SAID CITY OF CERTAUJ DISTRICTS 'o'.IT~
IN V,lUCH TEE CLASSES OF BUILDINGS ARE STRUCTURES AND THE USES
THEREOF ARE LIMITED AND IN ci.TIICH CERTAIN YEARDS AND OPEN SPICES
ARE REQUIRED AND CERTAIN REGULATIONS ARE APPLIED;DEFINING Tl-'::E
TERMS USED HEREIN;PROVIDING FOR THE GRANTING OF ADJUSTliiE1-rrrS IN
TEE APPLICATION OF AlJY OF THE PROVISIONS HEREOF; PRESCRIBING THE
PROCEEDURE FOR 'l1lE ADMIlJISTRATION AND AME1"DMENT EEREOF;AND PRE~
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SORIBING PENALTIES FOR ANY VIOLATION OF THE PROVISIONS
HEREOF. "
Motion by Councilman hIartin,seconded by Councilman Battersby
that ORDlr~NCE NO.431 be adopted.
The vote on ORDINANCE NO.421 on roll call:
AYES:
Counoilmen:George C.Milias,Jr.,James Battersby,George A.
Martin,George M.Mason.
NOES:
Councilmen: None
ABSEI\JT: Councilmen:Jack Hogers,Nat Heiner.
A cOmL1unication is read from the Auditorium-Armory Building
Committee.
Councilman Milias,chairman of the Auditorium-Armory Building
Committee,reports on the meetings of the committee to date.
The l<;layor calls upon Mr.L. W. r/heeler,a member of the Auditorium-
Armory Building Co~nittee. Mr.Wheeler discusses the interest rate
on the bonds and the pessibility of a premium on the bonds of
between four and five thousand dollars.
Captain Cecil Carlyle,commanding officer'of the local National
Guard unit and a member is the building corrrmittee is called upon
to discuss the plans and specifications for the proposed building.
The Irlayor oalls upon former Mayors E. J. Chesbro and H. E. Robinson,
members of the building comnlittee,to discuss the proposed bumlding.
Motion by Councilman lvlartin,seconded by Councilman Eason amd
carried that the recommendations of the Audi toriurn.-Armory Buildi ng
Committee be approved and that the city proceed with the erection
of the building as outlined by the comrnittee and that the building
comrnittee work in conyunction with the Mayor and Cor~lon Council.
I\~otion by Councilman Battersby,seconded by Councilman Llartin and
carried that the Auditorium-Armory Build ing Cornmi ttee be instructed
to employ Uessers.Binder and Curtis,architects,to proceed with the
plans and specifications and to consult with them and report their
action back to the Council.
A petition, signed by thirty-six local residents and business
businessme~is presented and read.
The peti tion: "The undersigned. l'espe ctfully petition your Honorable
Body that no more licenses for the sale of beer, wine or intoxicating
liquors be granted or p ermi tted wi thin the corporate limits of the
City of Gilroy,whether such licenses be for off or on sale;that like-
wise you refuse to permit the transfer of any of such licenses from
other localities to the City of Gilroy;that you take affirmative
action.to car:y into !orce and effect this request and that you
COIlllTlUnlcate Wl th the ota te authol'i ties in charge 0 f such perrni ts
advising your action with regard to this petition" '
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Two applications for liquor licenses are presented:Gilroy Food
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Market and Boots Inn. No objection is made.
1/[otion by Councilman Martin,seconded by Councilman Battersby and
carried that the recor~lendations in the petition,as presented,be
adopted.
Councilman Milias discusses the awarding: of the bid for paint~ng
the City Hall ,building.
Inquiry is made by Councilman Milias as to whether it is the 4uty
of the Council to award the contract for painting the Gi ty Hall
building to an outside contractor or vrhether i.t is the duty 01 t.he
Council to award to the lowest bidder.
The Mayor then requests the City Attorney to give an opinion.
'l'he Ci ty Attorney then rendered his opinion that it was the duty
of the Council to award the contract to the lowest bidder,providing,
such bidder was responsible;that the Attorney General of the state
of California had ruled that City Councils could not distinguish
between local and outside bidders.
A bill in the amount of ,~356.00 from Harry A.Neal,contractor for
paint ing the City Hall building, is presented, the bill represent ing
7550 of the work done-,;336.00 plus :~;20.00 for painting the Ylalls and
ceiling of the Chamber of Co~~erce office,this item not being inc-
luded in the specifications.
The Clerk is instructed to advise Mr. Neal to get the approval of
E. L. Curtis , architect, for the arcount of the bill and upon his
approval and the appDoval of the ~~yor the bill would be allowed.
A communication is read from Logan & Frazier,city auditors.
'llhe matter of the American-LaFrance-E'oami te Corporation billing
the city separately for the extra ~25.00 for the 200 gallon water
tank for the new fire truck,is discussed. No objection being made
the Clerk is instructed to advise the .American-LalTrance-Foami te
Corporation that the extra billing would be satisfactory.
An offer from 2arr'y A. Neal to paint the new woodwork in the Nurse's
room for ;~;18. 00, is presented.
Lotion by Councilman Eilias,seconded by Councilman Battersby and
carried that theI3uilding Com'::.i.ittee be instructed to give Harry A.
I'Teal the "iOrk 0 f pai nting the new Vlood work in the l<urse' s room for
'1~18. 0 O.
::lE:::;OIU'l'IC:N lTO.llb is presented and read.
ILotion by Councilman l.lason,seconded by Councilman ",~illias that
OLUTION NO.llb be adopted.
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RES 0 L UTI 0 N N O. 116
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY DESIGNATING RA ILROAD STREET AS A STREET
OF MAJOR IMPORTANCE WITHIN THE CORPORATE
LIMITS OF THE CITY OF GILROY.
~EEREAS, the State of California, through its Department of
Public '.'iorks ,Division of Highways, requires that certain streets
within the Corporate Limits of the City of Gilroy be designated
as streets of Major Importance for the expenditure of the one-
fourth (!) oent gas tax allocated to said City, and,
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WHEREAS, the City Council desires that certain streets be
so degignated and approved by the state of California, through
its Department of Public Works, Division of Highways, as Streets
of I~jor Importanoe;
TEillREFORE, BE IT RESOLVED by the City Council of the City
of Gilroy, that the following street within the Corporate Limits
of said City be so designated as a Street of Major Importanoe,
other than a State Highway:
Railroad street, from its Northerly terminus with Lewis
Street to its Southerly terminus with Old Gilroy Street,
and it is hereby resolved and approved that said Street be so
designated and the Mayor and City Clerk are directed to sign the
same on behalf of said City of Gilroy.
Passed,approved and adopted this 5th day of February,lt40
at a regular monthly meeting of the Connnon Council of the City
of Gilroy.
AYES:
councilmen:George C.Milias ,Jr. ,James Battersby"
George A.Martin,George M.Mason.
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NOE S :
Councilmen: None
ABSENT: Councilmen:Jack Rogers,Nat Reiner.
Approved:
cd cll~
l.iIayor
Attest:
c~}~S!l'
...-~" "~
mS:?OLUTION 1.0.117 is pre~3ented and read.
Liotion by Counc ilman I=artin, seconded by C.:ouncilman Battersby
that rmS01UTION NO.l1? be adopted.
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RESOLUTION
!! 0 117
WHEREAS, it is the intention of the City of Gilroy to pave
with Bituminous pavement that certain street knovm as Railroad
street between Lewis street and Old Gilroy streets, and the Common
Council of said City deem it necessary and for the best interests
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of said City that prior to said improvement the property adjacent
and along said Street be first improved by placing on said street
curbs and gutters.
NOW, THEREFORE, BE IT RESOLVED that curbs and gutters be
placed and constructed on both sides of said Railroad Street
between Lewis Street and Old Gilroy Streets in s aid City of Gilroy,
and the said property owners in and along said Railroad Street
between said Lewis and Old Gilroy streets be and they are hereby
ordered and directed as by law provided to make and construct said
curbs and gutters and that said work and construction of curbs
and gutters shall be done by May 1st, 1940.
Passed, approved and adopted this 5th day of February, 1940
at a regular monthly
of Gilroy.
meeting of the Common Council of the City
AYES:
Councilmen: George C.Milias ,Jr. ,James Battersby,
George A.Martin,George M.Mason.
Councilmen None
NOES:
ABSENT: Councilmen Jaok Rogers,Nat Heiner.
APprov~: Jy
-=e;. ~ OP~
Mayor
Attest:
~A.~
' i ty Cler
rtE:30LurrION 1':0.118 is pre sented aID read.
Lotion by;ouncilrnan kilias,seconded by Councilman Martin that
RESOLUTION nO.118 be adoyted.
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RESOLUTION NO. 118
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GILROY APPROVING MEMORANDUM OF AGREEMENT
FOR EXPENDITURE OF 1/4 CENT GAS TAX ALLOCATED FOR, .l.
STATE HIGHWAYS.
WHEREAS, the State of California, through its Depart-
ment of Public Works, Division of Highways, has presented
a memorandum of agreement in aooordance with a projeot
statement submitted by the City for expenditure of the
1/4 oent gas tax for the 1939-41 biennium allooated for
State highways in the City of Gilroy; and
WHEREAS, the City council has heard read said agree-
ment in full and is familiar with the contents thereof;
THEREFORE, be it resolved by the oity counoil of the
City of Gilroy that said agreement for the expenditure
of the 1/4 cent gas tax allocated for state highways be
and the same is hereby approved and the Mayor and City
Clerk are directed to sign the same on behalf of said
City.
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Passed,approved and adopted this 5th day of February,
1940 at a regular monthly meeting of the Common Council
of the City of Gilroy.
AYES:
Councilmen:George C.Milias,Jr.,James Battersby,
George A.Martin,George M.Mason.
NOES:
Councilmen: None
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llBSENT: Councilmen:Jack Rogers,Nat Heiner.
Approved:
~ $ }f;d!-~A
Mayor
Attest:
<3.~,.~~
Ci ty Clerk
The I::ayor now orders the Clerk to return the Uoney Order in the
amount of ,,;93.00,presented by Earry A.Neal 'with ]his bid for painting
the City Hall building.
Councilman Mason reports on his investigation of the several types
of pumps to be used at tIle city reservoir,and the offers presented
at the meeting of January 15,1940. This matter is laid over until
the next meeting.
The Mayor reports on a tour of inspection of the reservoir in
Vi~l ich he ';[as ac companied by Councilman Llilias and Arcr~i tect B. N.
Curtis. Discussion of the problem of seepage at the reservoir is
noW in order..
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The Clerk is instructed to notify the Santa Clara County Health
Department that two water sffinples must be taken each week from the
reservoir.
Lotion by Councilman Batterl?by,seconde9. by Councilman Martin
and carried that ;~50.00 be donated to the Christmas Decorations
COwnittee to make up their shortal~ in funds.
Reports of the city officers are presented and read.
Llotion by Counc ilman I:Iilias, seconded by Oounc ilr!1an I.:art in and
carried that the reports be accepted as read and placed on file.
Hot ion by Counc ilman Llart in, sec onded by Counc ilman Battersby and
carried that bills as presented be allowed al1..G. Vlarl'ants ordel'ed
drawn on the 'l'reasurer.
Adjourned subject to the call
of the chair.
Q.~.~
City Clerk.
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