Minutes 1952/04/07
1320
Gilr oy, California
April 7,1952.
This regular monthly meeting of the Common Counoi1 is called to
order by His Honor Mayor George C.Milias.
Present :Councilmen George M.Mason,J .H. Wentworth ,James B.Thomas,
Carl ~.Pate.Absent:Cobncilmen David V.Stout,Dale D.Daniels.
Minutes of the regular monthly meeting of Maroh 3rd and the
regular adjourned meetings of Maroh 10th and Maroh 13th,l952 are
read and approved.
A co~~unioation is read from the Division of Highways acknow-
ledging a request from the city to paint a cross walk at Seoond
and Monterey streets and the installation of automatic traffio
signals at First and Monterey streets;stating that the cros walk
would be installed but the automatio traffio signals could not
be included in the current signal construction program as the
intersection does not qualify suffioient1y high on the priority
list.
Motion by Councilman rrhomas ,seoonded by.;ounoi1nan Pate that
the Division of Highways be requested to furnish the oity with
a copy of the next traffic count made at First and Llonterey
streets.
A communication is read from the Division of Highvlays calling
the attention of the Council to the violation of Sections 586
and 588 of the vehiole code by those person parking on the side-
walk in front of the ~i1lows Restaurant on North Eonterey Street.
This matter is referred to the Stteet CorM~ittee for investigation
and reuort.and the Clerk is instructed to advise the Division of
k ~
Highways that their letter had been read and the Street Corm~ittee
will investigate and advise then of action taken.
A oormLUnication is read from the Public Utilities COYlnission
aekno*ledg1ng receipt of a letter from the City that the city
d~'s not feel that it should bear any of the expense of installing
automatioe signals at 9th Street crossing (No.E-80.8). This
cO:.lTIlUnication is ordered filed.
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A communication is read from the County Boundary COmIaission stating
that on Liarch 17,1952 they had approved boundaries for the proposed
annexation to the City of the area desoribed in Hesolution 110.272. This
communication is ordered filed.
A communication llls read from the State ,~ompensation Insurance Fund
stating that the city's dividend in the amount of $435.?9 had been
forwarded and praising the city employees for the aocident record over
the past year. This oommunioation is ordered filed. am the Clerk in-
'. ~;,1
structed to advise the oity employees of the oontents of the letter.
A co.;ununication is read from Harry Rianda stating that he was no
longer interested in leasing the 7 aores of sewer faTIfi land from the
city.
Motion by Councilman Thomas,seconded by Councilman Pate and carried
that the 7 acres of sewer farm land formerly leased to Harry Hianda
be included in the lease of Henry Allemand.
A communication is read from the Trusteessof the Gilroy Public
Library calling to the attention of 0he Council the need of paint on
both the inside and outside of the Library building. ThEis matter is
referred to the Buildi~~ and Grounds Cowrritsee for investigation.
A communication and proclamation from the 1952 Cancer Crusade
\,;,.,.......,..
in Santa Clara County is presented and read,
llotion by Councilman Thomas,seconded by Councilman Pate and carried
that the proolamation for the 1952 Cancer Crusade be signed by the
Mayor and published in the local newspaper.
A con~unication is read from the Division of IIighways indicating that
the city will receive $15,660.00 from the 1953 fisoa1 year allocation
of g3. saline tax money.This cornm1,mication is ordered filed.
The statement from the County Controller's offioe showing the city's
share of fines oollected for the month of February,l952 in the amount
of $854.50 is presented and read and ordered placed on file.
A report of water samples taken by the Santa Clara County Health
Department in March,1952 are presented and ordered placed on file.
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'rhe report of the Building Inspactor for the month of lJiarch,1952
is presented and read and ordered placed on file.
The renort of arrests and citations issued by the Gilroy Police
Dera rtment for the month 0 f March, 1952 is presented and read and
ordered placed on file.
Application for aao.~-8aI*~Bsae lioense by Charles E.& Hazel E.
Leach,DBA TheWi:iklows,745 N.Monterey St. and an On Sale Beer and \'line
License tFansfer from Carl & Gloria I~azzuoa,Mt.View to Aueelio
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Amezcua, DBS El Michoaoan Cafe,173 N.Monterey Street, are presented
and ordered placed on file.
Councilman Mason now requests permission to advertise for a pump
to be installed on the 47 acres of sewer farm land lying east of the
L1agas Creek.
Motion by Counnilman Llason,seconded by Councilman Thomas and carried
that sre cifioations for the pump to be installed on the 67 acres of
city sewer farm land lying east of the Llagas Creek'_be accepted as
...
~esented and bids be advertised for to be opened at 8 o'clock P.M.,
...
Tgursday,April l7th,1952.
A report on sanitary conditions at the Aoapuloo Cafe ,81 S.Monterey
Street, by the Santa Clara County Eea1th Department,is presented and
read. It is unanimously agreed to turn this report over to the oity
Building Inspector to work with the County Health Department to
oorrect oonditions at this establishment.
RESOLUTION NO.274 is presented and read.
Motion by';ounci1man Thomas,seoonded by Councilman Pate that
RESOLUTION NO.274 be adopted:
RESOLUTION NO.274
RESOLUTION OF THE COMIlON COUNCIL OF THE CITY OF GIL1:\OY PROPOSING TO ~
A~~~X CERTAIN TERRITORY HEREIN DES!GNATED AS "NINTH STREET EXTENSION"
IN ACCORDANCE WITH THE "Uh~ABITED TERRITORY ACT OF 1939" AS 8E~ ..
FORTH IN ARTICLE 5 OF CHAPTER 1 OF PART 2 OF DIVISION 2 OF TITLE 4
OF TF..E GOVERNll1ENT CODE, AND FIXING THE TIIllE AND PLACE OF HEARING
PROTESTS AND OBJECTIONS TO SAID AmiEXATION.
~~REAS, the following described premises located adjaoent to
the easterly city limits of the City of Gi1roy,constitutes an~ east-
erly extension of Ninth Street in the said 6ity of Gilroy to the
Pacheco Pass or Old Gilroy Road,to-wit:
Being a portion of Las Animas Ranch Lot 44 as shown on Map No.
7 accompanying the report of the referees in the Las Animas
Ranoho Partition Suit,Aotion No.5536 had in the Superior Court
of the State of California,in and for the County of Santa Clara,
and being a strip of land 60.00 feet wide now being used as a
public road, the centerline of whioh is desoribed as follows:
"Beginning at the interseot ion 0 f the ce nt erline of' Ninth Street
with the East erly oorpo rate limit line 0 f the Gi ty 0 f Gilroy,and
running thence N. 700 O~ E. 600.00 feet,more or less,to the
interseotion thereof TIith the southwesterly line of the Paoheoo
Pass State Highways:" and
VrnEREAS, the said premises above described are not claimed by
anyone and for many years have been used as a road and for roadway
purposes by the publio,and the Common Council of the City of Gilroy
believes that said premises sgou1d be preserved as a throughfarejand, ~
VrnEREAS,the Common Council of the City of Gilroy has,on its own :1
initiative,proposed to annex the said territory to the City of Gilroy ..
as the best means of assuring the continuance of said premises for
road purposes;and
~EEREAS the matter of annexation has heretofore been referred
to the Boundary Comrrission of Santa Clara County in accordance with
Section 3502 of the Government Code,and saed Boundary Commission has
filed its report with the City Clerk of the City of Gilroy approving
the annexation of said territory;and,
wHEREAS,under the provisions of the said "Uninhabited Territory
Ai,ot of 1939" as set forth in Article 5 of Chapter 1 of Pa1:t 2 of
Division 2 of Title 4 of the Govermuent Code,the said territory
hereinbefore desoribed is uniBhabited,np-one living in or upon said
premises,and the same I~y be annexed as uninhabited territoryjand
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WHEREAS, the aforementioned t'Uninhabi ted ~erri tory Act of 1939n
requires tijat the Common Council of the City of Gilroy adopt a
resolution fixing the time and place for the hearing of protests and
objections to said annexation,in which resolution the territory to be
annexed shall be designated by an appropriate name.
NOW,THEREFORE,BE IT RESOLVED that for the purposes of this
resolution and the annexation of said territory,the said premises shall
be designated as "Ninth Street ExtensionVl, and that the 2nd day of
June,l952, at 8:00 P.M. of said day,at the City Hall in the Common
Council room,Gilroy,Ca1iforrria,be set as a time and place when and where
any person owning real pDoperty within said territory so proposed to
be annexed,and having any objections to the proposed annexation may
appear before the said Gownon Council of the City of Gilroy and present
written cause why said territory should not be annexed.
PASSED M~D ADOPTED this 7th day of April,1952, by the following
vote:
AYES:
NOES:
AESENT:
Councilmen Mason,Wentworth,Thomas,Pate
Gounc i Imen None
Councilmen Stout,Daniels.
APPR~ e ~
ayor
Attest:
G,~~
City Cler
RESOLUTION NO.275 is presented and read.
I,lotion by Councilman Pate, seconded by Counc ilman Thomas that
RESOLUTION NO.275 be adopted.
RESOLUTION NO.275
RESOLUTION OJ!' THE COLLION COUNCIL OF TfIE CITY OF GILBOY EIRECTING THE
SALE OF CERTAIN REAL PROPERTY IN rrEE CITY OF GILROY BELONGING TO
SAID CITY OF GILBOY.
VvEEREAS, the Ci ty 0 f Gilroy is t he owner of the following
described premises loc'ated in the said City of Gilroy,to-wit:
Beginning at a point in the Southerly line of
Sixth Street that is distant thereon Easterly
l20.00 feet from tle point of intersection of
said Southerly line of Sixth Street with the
East er1y line of Monterey Street; thence along
said Southerly line of Sixth Street Easterly
73.00 feet to the point of intersection thereof
with the Westerly line of an Alley as said Alley
is shown upon the Map hereinafter referred to;
thence along the Westerly line of sai Alley
Southerly 90.7l feet to the Northeasterly corner
of that certain parcel of land conveyed by Harriett
Ellis to G.A.Chappell,by Deed recorded May 12,
1905 iU Book 295 of Deeds,Page 232,Santa Clara
County Records;thence Westerly along the North-
westerly line of lands so conveyed to Chappell,
said line also being the Southerly line of Lot 1
Block 1 South,Range 1 East as shown upon the Map
hereinafter referred to 50.00 feet to the South-
westerly corner 0 f said Lot 1; thence Northwesterl3
a long tll8 '\Vest erly line of said Lot 1 3 feet 4 inches
thence along the Northwesterly line of said lands
i... .: so conveyed to Chappell Westerly 23.00 feet more or
less to the Southwesterly corner of that certain
parcel of mand conveyed by Louis S.Osbourne to
Gustav MjBrodersen and Lillian O.Brodersen,his
wife,bydeed recorded May 16,l944 in Book 1204
of Official Records,page 203,Santa Clara County
Records;thence Northerly along the Easterly line
of lands so conveted to Brodersen 86.07 feet more
or less to the point of beginning,being Lot 1 and a
portion of Lot 2 in Block 1 South,Range 1 East,
as shown on Map No.6 accompanying Report of the
aommtss~oners in Henry Miller et a11,Plaintiffs vs.
Massey Thomas et a1,Defendants,in the Superior
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Court of the state of Ca1ifornia,in and for the
County of Santa Clara,Case No.5536;and
',iHEREAS, the said property is not devoted to a pub1i c use and
has never been so devoted but has been used as a storage yard for
vehic1es,equipment,and personal property belonging to the said
City;and
VffiEREAS, the said City has other premises which can be used
advantageously for the said storage of said vehic1es,equipment,and
personal property,and the premises hereinbefore desoribed are not
meoessary to the said City,and it will be in the public interest to
sell the same.
NOW,THEREFORE,BE IT RESOLVED that the said real pro,perty
hereinbefore described be sold and that notice of the sale of said
real property invifiing bids therefore be given by the City Clerk by
publication thereof,at least once a week for two weeks in the Gilroy
Evening Dispatch,said publication to be at seven-day intervals,and
the time on or af-er whioh the sale will be made as stated in the
notice to be at least fifteen days from and after the first publio-
ation of the notioe.
ADOPTED AIID PASSED this 7th day 0 f April, 1952, by the
following vote:
AYES:
NOES:
ABSENT :
more
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I
,
lIIIlIIlI
Councilmen Mason,Wentworth,Thomas,Pate.
Councilmen None
Councilmen Stout,Daniels.
ATTEST:
G, (l,~~
Ci ty Clerk
@~
Mayor
HESOLUTION NO.276 is presented and read.
1,Iot ion by Couno ilman Mason, seoonded by Counc ilman ',ientworth that
RESOLUTION NO.276 be adopted:
RESOLUTION NO.276
~
,
....
BE IT RESOLVED by the Mayor and Common Council of the City
of Gilroy, that the said City of Gilroy hereby aocepts the attaohed
conveyance and consents to the recordation thereof:
PASSED,APPROVED AND ADOPTED this 7th day of April,l952 at a
regular meeting of the Comraon Counoil of the City of Gilroy.
AYES: Counoi1men Mason,Wentworth,Thomas,Pate
NOES: Councilmen None
ABSENT: Councilmen Stout,Daniels
AP~D:
0--
....
Attest:
Q'~,(?H
City lerk
~ ~-~
Mayor
(The foreging Resolution refers to deeds from William and Jessie
Dieber; Milton and Henrietta Biokell and John H. and Inez Stelling
for land neoessary to oonstruct a sanitary and storm sewer in the
Seoond Western Addition)
A oommunioation is read from \7.J.Hanna,Oity Engineer, statingthat
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the Department cof Public 1Vorks has approved the plans and specifioa-
ations for the Lewis Street Storm Sewer and requests permission tox
advertise for bids.on the same.
Motion by Counoilman Mason,seconded by Councilman lilason and oarried
that the plans and specifications for the Lewis Street Storm Sewer as
presented by the City Engineer be acoepted and that bids be called for
1R,)-
~ _J ,;.J b
to be opened at 8 o'olock P.M.,Tuesday,May 6,1952 at the regular monthly
meeting of the Common Council.
A communication is read from :''1. J . Hanna , Ci ty Engineer, stat ing that
the sum of $230.20 is due Fredriokson & Watson Construotion Company
for paving work on Sixth Street;said amount being necessary to oorrect
an error made in ca10u1ating the final payment.
Motion by Counoilman Thomas,seconded by Counoilman Pate and oarried
that the sum of $230.20 be paid to Fredriokson & Watson Construotion
Company for work done in paving Sixth Street, as recommended by the
City Engi:g.eer.
Motion by~ounoi1man Mason,seoonded by i)ounci1man Thomas and carried
that the sum of $15,000.00 be transferred from the Reserve Fund to the
Ge ne ra1 Fund.
Reports of city officers are presented and read.
Motion by Councilman lentworth,seconded by Councilman Thomas and
carried that reports of city officers be acoepted as read and plaoed
on file.
City IJarsha1 A~G.Goodrich now appears before the Council to disouss
the matter of licensing veterans for pedd1ing,hawking and vending.It
is agreed that a oopy of the California Business and Professional
Code section dealing with this subject be obtained for the City Marshal.
Councilman Pate disousses the matter of itinerant vendors seleoting
a street oorner to sell their wares. It is unanimously agreed that no
permit should be issued to 1:ttlil.erant vendors to sell their wares in
the city until they have obtained space on a vacant lot and can produoe
evidence that they have made arrangements with the owner to use the
prElmises.
lliotion by Councilman Pate,seconded by Councilman Thomas and carried
that bills as presented be allowed and warrants ordered drawn on the
Treasurer.
Purchasin!~> Agent G.B. Carr now appears before the Council to disouss
the matter of purchasing Ethyl gasoline for u$eyib oity vehio1es instead
of regular gasoline. It is unanimously agreed that the city should
~
purchase Ethl~ gasoline for use in city vehicles.
Adjourned subject to the
call of the chair.
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