Minutes 1951/05/071243
Gilroy,California
I:ay 7 ,19 51.
This regular monthly meeting of the Common ,'ouncil is called to order
by its onor ayor George .Iilias.
Present:Councilmen George hI.P ,,Iason,J.H. '�ventti °iorth,Lavid V.Stout,Dale
D.Daniels,Carl ,.rate. Absent:Councilrzan James B.Thoilas.
"inutes of the meeting of April 2nd,1951 are read and approved.
A corti l nication is read frorl the City - n;ineer raith reference to
a drainage problem in the west section of the city and giving an
estimate of cost of improving Sixth Street, Seventh Street and Swans-
ton Lane and other streets. This coiiaiunication is referred -to the
Street Comraittee for study.
The April report of the Building Inspector is presented and read
and ordered placed on file.
The April report of arrests and citations issued by the Gilroy
P61ice Department is presented and read and ordered placed on file.
Reports of water samples taken by the Santa ;lara County health
Department are presented and read and ordered placed on file.
Ap ;licationx for an Off Sale Seer and .ine License by Augustine
A.Avila,40 S.11:-'olterey Street; application for an On Sale General
License transferred fror.1 J.I, .Dungan and I Iverall Adcock to IIelyn and
Jiri ':',ink,d.b.a.S'portsmen's Club,31 S.I.onterey Street;and an acplication
for a - i'eterans Club license from Veterans of Foreign '.ars Post 6309,
Ai,.iericail Legion Posts 217 and 669, at 74 W.Sixth Street are presented.
No objection is made.
Notice of an application to appropriate water fror:l the Little Uvas
Creek by James Rowland Lowe,Route l,Box 274,L organ Iiill,Calif. ,is
presented and referred to the City Attorney with instruction to file
a protest with the Division of 'ater Resources.
A cat unication is read from the League of California Cities thanking
the _;ouncil for: t heir action in payment of the special as<;essment.The
coLL:raunication is ordered filed.
A coraunication is read from Logan and Frazer,eity auditors, stating
that the city's books of account and record had been audited to Bare h
81,1951 a everything was found to be in good order.This coT- I-lunication
is ordered filed.
A communication is read frorl the Carp Fire Girls requesting free
use of :','heeler Auditorium for a Grand Council Fire ThTirsday,11.ay 24,
1951.
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._"otion by Counci lr.2ai� Stout,seconded by Counc i1x. Pate and carried
the the Camp Fire Girls be ;ranted free use of -- heeler Auditorium for
their Grand Council Fire,Thursday,T . ay 24,1951.
A coimiunication is read from the I.F.D.E.S. Society requesting per -
mission to hold a parade on .ionterey Street on June 10th,1951.
is of ion by councilman Stout, seconded by Councilman Daniels and carp ied
the the local I.F.D.E.S.Society be �3ranted permission to hold a parade
on I.onterey Street on Sunday,June 10,1951.
The Clerk announces that this is the title specified in a legal
notice for a hearing on the a,,.)plication of the Church of Christ to
establish a church at the southwest corner of Seventh and I'jigelberry
streets.
The Mayor now asks if tizere is any person present who desires to
protest and /or object to the granting of a variance and a Use Permit
to the ;Church of Christ to establish a church at the southwest cor-
ner of Seventh and 'Eigelberry streets. l,_�o person appears to protest
and /or object.
T.Lotion by Councilman Stout,seconded by Councilman ';'."entworth and
carried that the Church of Christ be granted a variance and a Use
Permit to establish a church at the southwest corner of Seventh
and Eigelberry streets in accordance v,.,ith their application.
The Mayor now presents the name of I:Irs.Jack '� .Ronald to serve
as a member of the Board of Trustees of the Gilroy Free Public
Library to replace the late E.R.Green.
- lotion by Councilman atout,seconded by Councilman Mason and
carried that The I.ayor's recor.miendation be accepted and T.'irs.Jack
°-.Ronald be appointed a me tuber of the Board of Trustees of the
Gilroy Free Public Library.
The Tiayor no ,,r presents the name of lrs. Frances I.I.Howson to serve
as a me nber of the Gilroy Parks and Recreation Commission to replace
Nrs.Virginia Steinmetz,resi.gned.
.iot ion by Councilman St out,sec onded by Councilman ".entworth and
carried that 1,Irs.Frances Howson be appointed a member of the Gilroy
Parks and Recreation Commission to serve until i.,Iarch 3,1955.
The Mayor now recorirlends I;r.George A.Il'artin to serve as a member
of the Gilroy City Planning Co=mission to replace EX. Carroll ''1 entz,
resigned.
I. of ion by Councilman Daniels, seconded by Council= Stout and
carried that George A.T,artin be appointed a member of the Gilroy
City Planning CorTaission to serve until January 1,1952.
1245
A cormlunication is read fro.z the gity Engineer recoialending a partial
payment to the Granite Construction Company for work completed on
Third Street and Chestnut Street.
Lotion by Councilman Stout,seconded by Councilman Daniels and carried
that the Granite Construction Company be paid the sum of "4,201.59
for work completed on Third Street and Chestnut Street,in accordance
with the reconmendat ion of the City Engineer and that the extras
set forth in the statement be exarlined by the Street Coralittee before
the final payment is made.
Iflr.Jack ITT.owson acting as spokesman for a group of property owners
now presents a Detition signed by seventy -one bersons requesting that
the Council start the necessary proceedure to decontrol rents (in the
City of Gilroy.
The City Attorney now advises the Council on the necessary proceed -
ure to decontrol rents and states that the Council must hold a public
hearing on the matter.
Lotion by Councilman Stout,seconded by Councilman Pate and carried
at 8 oIclock P.111. ,
that a public hearing be held IvIonday,Lay 21,1951/in the Council
chambers in the City Hall building for the decontrol of rents in the
City of Gilroy and the Clerk be instructed to publish the necessary
advertisement in the Gilroy Dispatch.
I-r. Elmer Hardman representing a group of property owners residing
in the Second T- ,estern Addition now appears before the Council to
request a seller connection for his home on Fourth Street.
The :'ayor asks the J"hief Administrative Officer to report on the
progress made in obtaining easements from property owners in the
area for sewer lines and the 3uilding Inspector who was appointed
Hight of ''.ay Agent for the city to negotiate with the property owners
for easements. 3oth officers report on progress to date the might of
`Gay agent stating that all necessary easemEnts had been obtained but
four.
Motion by Cou_.,ci; man Stout,seconded by Councilman Daniels and
carried that the City Attorney proceed at once with condemnation
proceedings against those who have not signed the necessary deeds
for easements for sewer line and other utilities over their property
lying in the Second °Western Addition this action being necessary to
protect the health and safety of the area.
?:r.George Lenz now appears before the Council to discuss the
removal of two trees on the north side of First Street between Hanna
Street and Sergeant Street.
x_246
l
�he cha _rman of the Street Cor:IL;Zittee reports that he has received a
bid of ;;145.00 to rerlove the three trees located on the noth side of
:First Street bet-,aeen l anna and Sergaant streets. the Street Coi- Ulittee
chairr:han is instructed to proceed with the relmoval of the trees.
The i;_ayor now reads excerpts from a letter from the Public Utilities
Corru-,rission which seeks to ascertain what the city's attitude would be
on the matter of sharing the cost of installing railroad crossing
gates at the<inth Street crossing. The Mayor states that he is
convinced that any crossing protection provided for Ninth Street
should be en.tieely paid for by the railroad company as the cross-
ing in e;ithin the switching yards of the company. I:embers of the
Council concur in the ;iayor's opinion and the :: -ayor requests per-
mission to answer the letter setting forth the reasons for opposing
any sharing of cost with the railroad coiroany for installation of
crossing gates or any other crossing protection.
I:otion by Councilman Daniels,seconded by Councilman Stout and
carried that the Mayor be given permission to answer the letter of
the Public Utilities Commission with reference to crossing gates
at Ttiinth Street and sharing the cost with the railroad company
a"
and stating that t:e city is opposed to sharing any of the cost,
that the railroad company should bear all of the cost:due to the
fact that the crossing is within the switching area of the company
and to advise the corraission that Luchessa Avenue crossing is not
within the city limits.
hlr.Stanley harp now appears before the Council to discuss the
matter of sidewalk on his property located on the south side of
First Street between Carmel and Princevalle streets. The Street
Committee is instructed to investigate this natter and when a
decision is r.hade to instruct the City Engineer to set the curb
line as determined.
Iilotion by Councilman Stout,seconded by Councilman -:',entworth and
carried that the annual donation of x:50.00 be made to the hire
Department.
The matter of Charles Platt now working partitir,ie In the Street
Department and part time at the Fire De oartraent is discussed. The
Street Committee reports that they have discussed the matter and
recom. end that commencing hlay 14th Isir.Platt work full tirhe at the
Fire House. it is unanimously agreed to accept the Street Committee's
recommendation.
1247
RESOLUTION NO".260 is presented and read.
I;Iot ion by Coune ilrlan - Eason, seconded by :; ouncilman Stout that IIESOLUTION
N0.260 be adopted.
RESOiUTION X0.260
NOTIFYING DEPARTI;:. �1` OF PUBLIC '�,ORKS OF T 11," STATE' OF CALIFORNIA OF
CHANGE IN PARKING AUTO ON I:IONTEREY STREET IN THE CITY .OF
GILROY AID REQUESTING APPROVAL TIIIa3REOF.
"Mi REAS, the Comiion ;ouncil of the City of Gilroy has heretofore
-" requested the _1hief Adrlinistrative Officer of said city to provide for
twin stall parking on I::onterey Street in the ')ity of Gilroy between
4th and 7th Streets with a non - parking area at the end of each twin
parking place from 11' 31' to 111 911 in length, same to be designated
by red curb marking
s and the chieff ad= _iin.istraiive officer has cause
street markings to be made to provide for the said twin stall parking
and the curbs have been painted red at the end of each parking Mace
as requested, and
HEREAS no consent from the Dez-)artment of Public '47orks of the
State of California has been requested or obtained for such change
and it is desirable that such change be approved,
I%IO'r,TIiERE FORE, ,BE IT RESOLVED, that a request be made to the
Department of Public '. :orks for the change in the said narking and for
approval of such change as made,and that a cony of this resolution
be sent to the Depart :lent of Public '� orks.
PASS I ED A! D ADOPTED this 7th day of ay,1951, by the following
vote:
AYES: Councilmen George I. 1.i.Iason,J.I.7,7entworth,David V.Stout,
Dale ).Daniels, Carl 1'�'.Pate.
NOES: Councilmen Ilone
ABS--,,'ITT: Councilman Ja le s B .Thomas . J
I or
ATTEST:
T C�
City Clerk
ORDINANCE NO 496 is presented and read.
Iotion by Councilman Stout, seconded by Councilr,lan Daniels that
ORDINANCE NO. 496 be adopted.
ORDINANCE X0.496
A1,211DING ORDINANCE NO.427 IIEGULATIIIG AND CONTROLLING DOGS,
PROVIDING FOR THEIR LICENSES,REPEALI dG SECTIONS 1672168,169,170
and 171 OF THE IIUXICIPAL COLE OF 'IIIE CITY OF GILROY AS AI;9ENDED
DY ORDINANCES 1,70 .IBERED 263,370 AND 406, 11JGUL AT ING AND CONTROLL
ING DOGS AND PROVIDING FOR TTiEIR LICENSES BY PROHI=3ITING DOGS
FROI.,I B11ING OR RUIN. ING AT L.-M"E ':'IITHIN T'IE CITY OF GILROY.
Vote on motion to adopt ORDINANCE NO.496.
AYES: CBunc ilmen George I:,�.I, ason,J.H.-.entworth,David V.Stout,
:vale D.Daniels,Carl 101.Pate
NOES: Counc ilmen None
ABSEM: Councilman James B.Thospas.
The clerk is instructed to request the Poundl:�aster to render a
regular monthly report t(3 conform with the provisions of Ordinance
No.427.
petition to initiate proceedings to annex certain uninhabited
territory to the City of Gilroy signed by George C.and Harriet Renz
and the Renz Constructrion Company,by George C.Renz,President,is presented
and read.
12 °` 1i1'':'SOLUTION 11;0.261 is presented and read.
J
I:otion by :;ouncilman atout,seconded by Councilman Daniels that
RESOLUTION 1,T0.261 be adopted.
RESOLUTION NO.261
RESOLUTION OF 71 11': C011. ON COUNCIL OF THE CITY OF GILROY PRO-
VIDING FOR NOTICE OF IIIE PROPOSED A11711=' ATION OF UNINHABITED
TERRITORY, DESIGNATED AS "BENZ 71AYLAI'M LANE' TRACT" TO TIM CITY
OF GILROY,UEDER TT-D, "AIIIJIL-XATION OF UNIIJHABITED TERRITORY ACT
OF 139 "•
`. REAS, a written petition has heretofore been filed
in the office of the Clerk of the City of Gilroy under the
provisions of the "Annexation of Uninhabited Territory Act
of 193911, as set forth within Sections 35300 to 35325,inc-
lusive, of the Goverm,.ient Code of the State of California,
asking that there be amaexed to the City of Gilroy asnun-
inhabited territory the following described tract of land,
contiguous to the City Limits of the pity of Gilroy,situated
in the County of ;manta C1ara,State of California,to- ti-rit:
BEGIK1� IIM at the north,resterly corner of the
City of Gilroy and running thence along the
westerly corporate li Sits of the City of Gilroy
S. 200 411. to the intersection thereof 77ith the
northerly line of First Street;thence westerly
along the northerly line of First Streetto the
southerly corgi on corner of Ranch Lots 24 and 23;
thence northerly along tl.e line coimiion to said
Lots to the intersection thereof � ith the ?oro-
longation westerly of the northerly corporate
lirlits o:' the City of Gilroy;thence easterly
along; said line to the point of hepinning,and
being a portion of lianch Lot 24 of the Las
Animas -<ancho as shown on 1, ap vo.7 accorloanying
the report of the 1referees in the Las Animas
Rancho Partition Suit,Action 1:0.5536 had in the
Superior Court of the State of California,in and
for the County of Santa Clara.
AND ',: LREAS it appears that said petition has been sirmed
by the owners of not less than one- fourth of the area of the
land in such territory and represents not less than one - fourth
of the assessed value of such territory,acco r ink,, to the last
preceding _ equalized Assessment doll of the county of Santa
Clara,in °;hick such territory is situated, and that the tract
therein and herein described is contiguous with the Corporate
Limits of the said City of Gilroy,and
`HEREA.S the said "Ann.e:: Lion of Uninhabited Territory
Act of 193911, above referred to,requires that upon the filing
of such a petition a. Resolution shall be adopted by the Corimon
Council giving notice of such proposed annex�at ion,and fixing
the time and place of hearing; when and where any person o;Jning ga:
real property Within the said territory nro_)osed to be annexed
may ap?ear and object t'rLereto,
TRIO ",T Z,FORF, r+ IT RESOLVED that the Corulon ;ouncit of
the Cit�r of Gilroy hereby designates the said territory proposed
to be annexed to t1LLe City of Gilroy as "Rent ''dayland Lane Tract ",
and that said petition be referred to the City Planning Cormliss-
ion of the City of Gilroy for its re-oort and recoim-Lendat ions
thereon,
AND BL IT FU 3T ? R RESOLV"_'D, and it is hereby o rdered,that
hIonday, the 4th day of June ,1951, at the hour of 8:00 o'clock
P.hl. of said day, in the Council !'hwmbers of the City 11all,Gilroy,
California, be and the sarle is hereby fixed as the time and
ulace of the hearing; of said petition when and ti%lere any person
owning real _oroperty within such tract so proposed to be annexed,
and having; any objections to the proposed annexat ion,rlay appear
before the said Corliaon Council and show cause in variting, if any
he has, why such territory should not be annexed.
IRASSl D AND ADOPTED this 7th day of Isiay,1951, by the follow-
ing vote:
AYES: Councilmen George II.Ilasozi,J. H. ',.entti:Tortli, David V.
Stout,Dale i).Daniels,Carl .7.Pate.
NOES: Councilmen None
ABSEIJT : Councilman Jarc,e s B. Thorzas .
1249
C
6 4iayor
ATT'.�':.T
U-,
City Clerk
Reports of City Officer are presented and read.
P otion by Councilman Stout, seconded by Councilman '. entworth and carried
that reports of City Officers be accepted as read and placed on file.
Liot ion by Councilman ?.as on, seconded by Councilman �3t out and carried
that bills as presented be allowed and viar cants ordered drawn on the
Treasurer.
Adjourned subject to the
call of the chair.
G - (� , ,
City Clerk'