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Minutes 1955/08/01 163 f) Gilroy,California ~ August 1,1955 . In the absence of His Honor Mayor George M.Mason this regular monthly meeting of the Common Council is called to order by the City Clerk. present:Councilmen Carl W.P atetJ.Hughes Kenneqy,Courtland M.Rush, Kenneth L.Petersen, Segundo Sanchez. Absent : Councilman Charles Gallo. The City Clerk now calls for nominations for Mayor Pro-tem. Motion by Councilman Kennedy,seconded by Councilman RuSh and carried that Councilman Carl W.Pate be K~or Pro-tem. The Mayor Pro-tam now asks if all Councilmen have received copies of the minutes of the regular monthly meeting of July 5th the regular adjourned meetings of July 18th and July 25th, 1955. All Councilmen answer in the affirmative. The Mayor Pro-tem 'now asks if there are any errors or correct.ions to be made in the mintltes. Ko errors being noted and no corrections to be made the M~or Pro-tem now declares the minutes of the regular monthly meeting of July 5th and the regular adjourned meetings of July 18th and July 25th,l955, approved. Councilman SanChez reports that he has discussed the Miller Avenue drai. nage problem with County Engineer Leonard Buslmell ~'''''I!ll and the County Flood Control Engineer Mr.Prime and both,of"f"icials are against the use of a pump to handle f100d waters in t he area. This matter is la1d over for further discusad.On. 1637 Councilman Sanchez states that he has no further report on the outfall sewer line as the documents kave not been returned from Sacramento. City Attorney Johnson reports that he has received a request from. : the Pacific Gas and Electric Company to exchange authorities with I - ;"""_....;'" I I .......... I I ; I ' ~ them with reference to the payment of their franchise tax. The City Attorney states that he wi~l proceed to answer the company's request. Councilman Sanchez reports that he has received a letter from Mr.George Nickel with reference to the Henry Miller Hospital Reservation site. Councilman Sanchez reports that the test boring for the new water well has been postponed due to a breakdown of equipnent. Council Kennedy reports that t-igue s for the replacing of certin pipe lines on the Golf Course will be presented to the Finance Committee I for discussion in connection with the 1955-56 budget. Councilman Pate reports that a property owner at t,he south end of the proposed extension of Alexander Street is asking that the portion o~ his property needed for the street extension be paid for. W.J.HannatJr. of the City Engineers office reports that the County and the Southe m Pacific Company has been contacted with reference to constructing curb and gutter along their property on South Alexander Street. It is agreed that the Building Ins~ ctor contact the other owners along the street with reference- to constructing curb and gutter in flmot 0 f their property. The City Attorney now presents and reads RESOLUTION NO.353. Motion by Cobncilman Sancheztseconded by Councilman Kennedy that RESOLUTION NO.353 be adopted. RESOLUTION NO.1'1 RESOLUTION REQUIRING OINERS OR SUBDIVIDERS OF ANY PROPERTY HEREAFTER ANNEXED TO THE CITY OF GILROY TO PAY THE SUM OF ONE HUNDRED ($100.00) DOLLARS PER Lor WITH WHICH TO ESTABLISH A DRAINAGE SYSTEM FORB SUBDIVISION ,AS A CONDITION TO THE APPROVAL OF THE SUBDIVISION AND THE FILmG OF THE MAP THEREOF. 1/1 /""' "' ~ J "31 !2. _'~ ri"" "rc1t-.o e) 01 r- .... OJ <t" ~\Il<l -...J WHEREAS, areas adjacent to the City of Gilroy have heretofore been annexed to the City of Gilroy and subdivided without any provision or requirement relating to the draniage of such areas,and properly drain- ing the same has presented serious and complicated problems t.o the City and to the property pwners, and in most instances it has been impossible to establish a drainage program for the annexed areas without the cooperation and agreement of other property owners outside the annexed territory; and, WHEREAS, the Common Council of the City of Gilroy deems it essentialif:or the proper growth and well-being o. the City that. provisions be . -. ~ 1638 insuring' the proper drai nage of any territory hereafter annexed to the City of Gilroy which is subdivided either before or after its annexation, and as a matter of public policy, and that t.he subdivider or owners of the subdivided premises be required to p~ to the City of Gilroy the sum of $100.00 per lot for each lot in the subdivision before any map or plat thereof be approved by the Common Council of the City of Gilroy for filing, which said money shall go into a fund to be used so far as. possible for establishing drainage systems for the said,and other annexed territory. lfC1ll , THEREFORE, BE IT RESOLVED: That the Common Council of the City of Gilroy does hereby declare that as a matter of public pOlicy, nt map or plat of any subdivision of territory hereafter annexed to the City of Gilroy J shall be app:o-oved by the said Coamon Council of the City of Gilroy ,i unl.ess and until. the ownera of the said subdivision or subdivider thereof shall. have first paid to the City of Gilroy the sum of $100.00 per lot for each lot in the subdivision, for use by the City of Gilroy in establishing and maintaining a system for the drainage of subdivided territory, and other annexed areas, and no officials of the City of Gilroy shall. approve any such map until the said sum of $100.00 per lot has been thus paid to the City of Gilroy. PASSED and ADOPl'ED this first day of August,1955, by the following vote: AYES: NOES: ABSENT : Councilmen Pate,Kennedy,Rush,Petersen,Sanc-hez Councilmen None Qouncilmen Gallo. ~1'Jf:.1t:1 Attest: ~.U.(t~ City CIerk The Mayor pro-tern announces that Filice & Perrelli Canning Company had retumed t.he city's check which was sent to the company in payment for use of the pupp duri ng recent reservoir cleaning operations, Mr.Mike Filice stating that they did not want any money from the city for t,his service. Councilman Pate reports on the barbecue given the the city for the Auxilliary Police. Motion by Councilman Rush,seconded by Councilman Kennedy and carried that the sum of $160.00 be donated to the Gilroy Auxilliary Police. , 'J A communication from Mr.George Nickel,Jr.,addressed to Councilman Sanche.,is presented and read; the communication~ dealing with the Henry Miller Hospital Reservation Site of obtaining the site for a playground ::dO::::i:::i::t:::.:::S::::::YWI of further discussion on the subject is referred to Councilman Sanchez. A communication with an enclosed resolution from. the Division of Highways pertaining to.;the proposed freeway are presented and read. Councilman Sanchez discusses the proposed route south of Pacheco Pass Road stating that it appeared to him that a portion of . potential industrial property would be damaged by use of the present '/I!K I ~ p".-'llI I L tfl/I'>',\ I I I I I .....~ 1639 route. Mayor Howard Weichert of Morgan Hill is present and the Mayor pro-tem extends and invitation to address the Council on the matter of the proposed freeway. Mayor Weichert stated that the County Board of Supervisors had rescinded their resolution endorsing the proposed route of the freeway and asks that the Council defer action on the resolution until a later date. Mrs .Morse, also of Morgan Hill t now a ppears before the Council to discuss the damage to farm land by the present. route and asks Council to defer action on the resolution until a later Qa'he. It is unanimously agreed to defer action on the proposed resolution until the regular monthly meeting in September,1955 and the Clerk is instructed to advise the Division of Highways of the Council's action and to call to t he attention of the Division of Highways the probable damage to potential industrial property south of Pacheco Pass Road. A communication is read from the Gilroy Chamber of Commerce requesting the 1955-56 contribution be $2,500.00. This communication is referred to the Finance Committee. Councilman ~ate discusses proposed improvements on North Church Street and the need for drainage. It is unanimously agreed that the city crew lay the drainage pipe from Mi~er Slough to the alley between Gurries Drive and the slough. Councilman Rush announces that the Finance Committee will meet Mond~ evening,August 8th to discuss the 1955-56 budget. The City Attorney presents and read an agreement between the City and Pacific Gas & Electric Company with reference to the Monterey Street electroliers.It is unanimously agreed to have the City Attorney find . out about taxes on the electroliers and if t he company would have any objection to having the contract paid off before the end of the twenty- five year period. The City attorney presents and read an agreement between the Gilroy Telephone Company and the City with reference to certain poles that have been abandoned by the company and purchased by the city to support fire alarm system wires. It is unanimously agreed that the attorney check the city's liability policy with respect to the poles purchased by the city. The City Attorney now presents and reads ORDINANC& NO.530. Motion by Councilman Rush,seconded by Councilman Petersen that ORDINANCE NO.530 be adopted. 1640 CRDIHANCE NO..53Q AN ORDINANCE AMENDING ORDINANCE NO.422,COMMONLY DESIGNATED AS THE ZONING ORDINANCE OF THE CITY OF GILROY,BY REZONING CERTAIN PROPERTY NOW IN ZONE tTt TO ZONE ttDtt, AND CHANGING THE BOUNDARY LINES OF SAID . ZONES. Vote on the motion to adopt ORDINANCE NO.530: AYES: NOES: ABSENT : Councilmen Pate,Kennedy,Rush,Petersen,Sanchez Councilmen None Councilmen Gallo. The Clerk is instructed to ascertain from Binder & Curtis, architects, the cost of preparing plans and specifications to to change Wheeler Auditorium building ~o city offices. Reports for JUly,1955 of the Police Department,County Controller, Building Inspector and Poundmaster are presented and read. Reports of the city officers are presented and read. Motion by Councilman Sanchez, seconded by Councilman Petersen and carried that the reports o"f city officers be accepted as read and placed on file. Councilman Sanchez discusses the matter of speeding t rucks on Monterey street. Mayor P ro-tem Pate state s that he will discuss this matter with the City Marshal. Motion by Councilman Rush,seconded by Councilman Kennedy and carried that bills as presented be allowed and warrants ordered drawn on the Treasurer. Motion by Councilman Kennedy,seconded by Councilman Rush and carried that this meeting adjourn to Monday,August 15,1955 at 8 o'clock P.M.,Council Chambers,City Hal1,Gilroy,California. 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