Minutes 1957/02/19
18 0 f)
Gilroy, California
February 19,1957
This regular adjourned meeting of the Common Council is called
to order by His Honor Mayor George C.Milias.
Present:Counci1men Carl W.Pate,Sig Sanchez, Charles Gallo,Kenneth
L.Petersen,Courtland M.Rush,Everett C.Wentworth.
A communication is read from Mr.George White,300 N.Princevalle
Street, requesting clarification of 'provisions in the Zoning
ordinance with respect to the use of cooking facilities in a second
dwelling on his lot in Zone "A".
Tne Mayor calls upon Building Inspector Byron Brown to discuss -1.-'
the request made by Mr.'White. Mr.White appears before the Council
to discuss his request.
I~otion by Councilman Wentworth, seconded by Councilman Petersen
and carried that the request of Mr. George 'White for clarification
of Zoning Ordinance provisions with respectm providing cooking
facilities in a second dwelling on his property be referred to
the City Attorney for study and recommendation to the Council.
A news letter from the Santa Clara County Taxpayers Association
opposin~ the legislation proposed to set up the Bay Area Rapid
Transit District insofar as Santa Clara County is concerned,is
presented and discussed.It is unanimously agreed that this matter
be tabled.
A notice of hearing from the County of Santa Clara Planning
Commiss~~n on the application of Hirssaki Farms,Inc. for a use
permit for the establishment of a labor camp on property located
on the southerlv side of Pacheco Pass Road between Lla~as Creek
and Ninth Street, is presented and read.No action is taken.
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A commuication is read from Mr~.Oris Maier requesting free use of
vfueeler Audmtorium for the Camp Fire and Blue Bird Girls on March
24th for 5 o'clock Vesper Service,is presented and read.
Motion by Councilman Rush,seconded by Councilman Wentworth and
carried that free use of vfueeler Auditorium be granted the Camn
Fire and Blue Bird Girls for 5 ore-lock Vesper Service on March' 24,
1957 and that the damage deposit fee be waived.
A communication is read from Mr. Gary Narvaez,Gilroy Police Partolman,
requestin~ a leave of absence for six months to serve in the military
forces. This matter is referred to the Police Committee for report on
March 4,1957. '
- Motion by Councilman Sanchez ,seconded by Councilman Wentworth and
carried that the Gilroy Auxilliary Pqlice be granted free use of
Wheeler Auditorium for their annual dance on May 18,1957 and that
the damage deposit fee be waived.
A communication is read from James D.Neilson,Committee Chairman
of Cub Scouts Pack No.95,requesting free use of iNheeler Auditorium
on February 27th for their annual Blue and Gold dinner. This matter
is referred to Councilman Petersen, chairman of the ~uilding and
Grounds Committee, as the date conflicts with the Recreation
Commission's dancing school program.
A communicatmon os read from the Gilroy High School Director of
Music requesting free use of Wheeler Auditorium on March 28th for
the annual Variety Show and also requesting the use of the build-
ing March 26th and 27th for rehearsals.
Motion by Councilman Pate, seconded by Councilman Petersen and
carried that the Gilroy High School be granted free use of Wheeler
Auditorium for their annual Variety Show on March 28th;that the
Director of Music be advised that if he aesires to use the building
on March 27th before 6 p.m. he should contact Bessie Clark who
directs the Recreation Commission's dancin~ school, and make arran~e-
ments with her with reference to the buiRding:that the deposit fee
for damages be waived.
A communication is read from Raymond E.Rossi,Luchessa Avenue,
requesting permission to connect his proposed--labor camp with the
city outfall sewer line which is along the east line of his prop-
erty.
The City Attorney is requested to give his opinion on whether
or not others residing outside the city limits could demand a
sewer connection with the city lines. The City Attorney states that
the Council would not haveto'corisider such a demand.
Mayor Milias discusses the possibility of the city making a sewer
charge for all connections within the city at a monthly rate.
Motion by Councilman Sanchez, seconded by Councilman Wentworth and
carried that Mr.Raymond E.Rossi,luchessa Avenue,be granted permission
to connect his proposed labor camp,to be erected on his property
located near the southeast corner of Luchessa Avenue and the junction
of the road to the city sewer farm property and adjacent to X~ the
city's outfall sewer line, due to the location of the proposed camn,
and that the rate to be charged for this service be specified in an
agreement between the city and Raymond E.Rossi.
A communucation is read from John Klarich,attorney, representing
Mr.Trevis Berry, requesting permission to appear at the Council
meeting and present the request of Mr.Trevis Berry to connect his
proposed labor camp to the city outfall sewer line.
Mr.Klarich now annears before the Council to discuss his client's
request and presents a plat showing the proposed location of the
lc!bor camp.
Mr.Chet.Englund,who operates labor camps in Salinas and in other
localities, appears before the Council to discuss the request made
by I-lr.Berry and to discuss the proposal made by a Councilman that
land on the city sewer farm nrODertv be used for the Dronosed camn.
Motion by Councilman Jventworth,seconded by Councilman Pate and
carried that Mr.Trevis Berry be granted permission to connect his
proposed labor camp,from his premises on Pacheco Pass Highway,to
the city's outfall sewer line and that the rate to be charged for
this service be specified in an agreement between the city and Mr.
T~evis Berry.
Councilman Sanchez states that he voted "NOlI on the motion on the
matter of location only and Councilman Rush states that he voted "NO"
on the motion because of the possibility of further requests for
property outside the city limits to be connected to city sewer lines.
Councilman Pate reports on his investigation of the substitute road
for Forest Street between I.O.O.F.Avenue and Swanston Lane and
recommends the the Gilroy High School District be required tc
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to provide a sixty foot right of way for the substitute street and
that the new road tie in with Murray Avenue. It is unanimously agreed
that the Street Committee inform the trustees of the hi~h school
district of the requirements of the city for the street.
A communication is read from Stokely-Van Camp,Inc.requesting a
five year lease agreement with the city on the portion of the city
sewer farm property used as a viner station instead of the one year
lease granted due to extensive improvements contemplated in their
operations.
Motion by Councilman Pate, seconded by Councilman Wentworth and
carried that Stokely-Van Camp, Inc. be granted a five year lease on
the portion of the city sewer farm property now used as a viner
station at'the rate of $150.00 per year from November,1956;that the
one year lease approved by the Council be rescinded and that a iliew
lease be written by the City Attorney to include,in addition to the
provisions of the former lease approved, the location of a water well
to be determined by the Sewer Committee and provision that upon
termination of the lease the water well will become the property of
the city. '
The Mayor announces that the Council will meet with the Board of
Trustees of Gilroy High School District on Monday,February 25th,
1957 at 8 o'clock p.m. in the Council chambers, to discuss the
swimming pool agreement.
Councilman Rush,chairman of the Fire Committee, reports that
Section 5 of Ordinance No.420 covers all provisions discussed by
the Council with reference to motorists and pedestrians interfering
with the operations of the fire department;that all firemen will
be furnisged with a luminous tag to attach to their automobiles
to identify them as members of the Fire Department.
Councilman Rush discusses the provisions of ~ lease between the
city and Henry Allemand which requires that he pay 250 of uhe
gross proceeds of his farm operations on the ~ity sewer farm prop-
erty stating that T~r.Ellemand desires to rais1~omatoes on the 47
acres located east of the Llagas Creek and he cannot raise this
type of crop and make a profit on the present provisions of the
lease. It is unanimously agreed that the present lease with Mr.
Allemand be amended to permit him to return 20% of the gross
proceeds of his tomato crop to the city.
The Clerk is instructed to make a copy of Section 5 of Ordinance
No.420 and present it to the City Marshal for guidance of Police
Officers.
The City Attorney presents and reads RESOLUTION NO.417.
Motion by Councioman Pate, seconded by Councilman Rush that
RESOLUTION NO.417 be adonted.
, RESOLUTION NO.417
RESOLUTION ACCEPTING PUBLIC STREETS AND THOROUGHFARES A~ SHOWN
ON PLAT OR MAP SF TRACT NO.1784.,SHERWOOD PARK,UNIT NO.1.
WHEHEAS, the Common Council of the City of Gilroy has heretofore
approved the plat and map of s subdivisio~of certain property
within the City of Gilroy,owned by Gilroy Homes Companx,and
known and designated as llTract No.1784,Sherwood Park, Unit No.lll,
unon the conditions that the owners of said tract furnish and
instal certain improvements and facilities;and,
WHEREAS, the said improvements and facilities have been furnished
and installed;and,
WHEREAS, there are certain streets and public thoroughfares shown
upon the aforesaid map and plat which have not been dedicated to
the City of Gilroy or for public use,and the owners of said sub-
division desire that the said City of Gilroy accept said streets
and public .thoroughfares.
NOVJ,THEREFORE,BE IT HESOLVED:
That the City of Gilroy does hereby accept the said public streets
and thoruughfares shown upon the said map of said Tract No.1784,
Sherwood Park, Unit No.l,whem,as,and if the same are dedicated or
offered for dedication to the public.
PASSED and ADOPTED the 19th day of February,1957,by the following
vote:
AYES:
NOES:
ABSENT:
Councilmen Pate,Sanchez,Gallo,Petersen,Rush,Wentworth
Councilmen None
Counciihmen None.
Attest:
(] C\ ' ~qK
City Clerk
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The City Attorney presents and read RESOLUTION NO.41S.
Motion by Councilman Sanchez,seconded by Councilman Petersen that
RESO LUTION NO.41S be adopted.
RESOLUTION NO.418
RESOLUTION RECQrv'[]VIENDING ADOPTION OF MEASURE NOW PENDING IN THE STATE
LEGISLATURE OF THE STATE OF CALIFORNIA AUTHORIZING SCHOOL DISTRICTS
TO EXPEND FUNDS FOR GUARDS AT SCHOOL STREET CROSSINGS.
WHEREAS, a measure has been introduced in the State legislature of
the State of California at its present session having for its object
the authorization of school districts in this state to exoend school
funds for providing guards and protection for school children crossing
streets to and from school;and,
WHEREAS, school districts do not at present have authority to expend
money for such purpose with the result that either the municipalities
and/or counties must provide such guards or other protection,if any
is provided, and in many instances the municipalities and/or counties
refuse to provide such protection or feel financially ubable to do so~
and,
WHEREAS,it is deemed necessary by the Common Council of the City of
Gilroy that the school children be protected through the employment
of ~uards or other means,and that the school discrict should bear all
or part of the cost of caring for their puplls.
NOW,THEREFORE,BE IT RESOLVED:
That the Common Council of the City of Gilroy does urge the State
Legislature of the State of California to adopt into law any measure
now pending before it,authorizing the school districts to expend
school moneys to provide guards or other protection to school pupils
crossing streets while going to or coming from school.
PASSED and ADffiPTED the 19th day of February,1957, by the following
vote:
AYES:
NOES:
ABSENT:
Councilmen Pate,Sanchez,Gallo,Petersen,Rush,Wentworth
Councilmen None
Councilmen None.
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Attest:
G.G .~~
City Cle k
The City Attorney presents and reads RESOLUTION NO.419.
Motion by Councilman Petersen, seconded by Councilman Pate that
RESOLUTION NO.419 be adopted.
RESOLUTION NO.419
RESOLUTION OF TaE CONIMON COUNCIL OF THE CITY OF GILROY DIRECTING
THE SALE OF CERTAIN BUILDING AND IMPROVEMENTS LOCATED ON REAL
PROPERTY BELONGING TO THE CITY OF GILROY.
WHEREAS, the City of Gilroy is the owner of the following described
premises located in the City of Gilroy,County of Santa Clara, State
of California,to-wit:
deginning at a point on the Northeasterly line of
Monterey Street,distant taereon N.20000fW. 61.50 feet
f~~~ the point of intersection thereof with the North-
westerly line of Martin Street,as said streets are shown
on the Map hereinafter referred to;thence along the
Northeasterly line of Monterey Street,N.20000'W. 41.20
feet to the intersection of said line of Monterey Street
with the Northwesterly line of Lot 8 in Black 2 North,
Range 1 East shpwn on said Map;thence leaving Monterey
Street and running along the Northwesterly line of said
Lot 8, N.71001'301lE. 109.00 feet to a 3/4 :i,.nch iron pipe;
thence parallel with the Northeasterly line of Monteeey
Street, S.20000'E.39.25 feet to a 3/4 inch iron pipe;thence
S.70000'W. 109.00 feet to the point of beginning,and being
portions of Lots 8 and 9 in Block 2 North,Range 1 East,as
shown on Map No.6 accompanying the report of the Referees,
in the Partition Suit of Henry Miller,et aI, V~i Massey
Thomas,et al,in the Superior Court of the State 'of California
in and for the County of Santa Clara, Case No.5536.
and,
WHEREAS, there is located on the said premises the bank building
and accessories formerly occupied by and used by the Bank of
America National Trust & Savings Association;and,
WHEREAS, the said building and improvements are useless to the
City of Gilroy and of no value to said city,and the City desires
to use the said premises to provide a parking area for vehicles,
or for such other purposes as may be ,deemed advisable, and to make
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any use of the property will require the demolishing,raxin~,and
removal of the building and improvements from the property~and,
WHEREAS, the said building and improvements are not devoted to
a public use, and have never been so devoted, and no use has been
made of said premises for the City of Gilroy;and,
WHEREAS, the Common Council of the City of Gilroy did at its
meeting held Febr*ary 4,1957,adopt a motion to sell the said
building and improvements and have the same removed from the
said premises,and the,said Common Council has been advised by
the City Attorney that it should adopt a resolution authorizing
the sale and removal of said building and improvements.
NOW,THEREFORE,BE IT RESOLVED:
That the said building and improvements contained on the premises
hereinbefore described be sold to such bidder or bidders as will
demolish, raze and remove the said buildinry and improvements from
the premises,and that notice of the sale of said building and
improvements inviting bids therefor be given by the City Clerk by
publication thereof for two (2) consecutive weeks,once a week,in
the Gilroy Evening Dispatch,said publication to be at seven-day
intervals, and the time on or after which the sale is to be made
as set forth in the notice to be at least f*fteen (15) days after
the first publication of the notice.
PASSED and' ADOPTED the 19th day of February,1957, by the following
vote:
AYES:
NOES:
ABSENT:
'Councilmen Pate,Sanchez,Gallo,Petersen,Rush,Wentworth
Councilmen None
Councilmen None.
/"7J:ay:;
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Attest:
C?k.~
City Cle k
The City Attorney discusses the matter of a sidewalk area for
the Sharp property located at the northeast corner of 10th and
Rosanna streets. Thim matter is referred to the Street Committee.
Motion by Councilman Sanchez, seconded by Councilman Gallo and
carried that Charlie Shields be anpointed Snecial Police to serve
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as a school cross ing guard, at a salary of ,1>90.00 per month, effec-
tive February 7,1957, to hold this office at the will and pleasure
of the Council.
Motion by Councilman Rush,seconded by Councilman Pate and carried
that George M.Brooks be appointed Fireman as of February 1,1957,at
a salary of ~300.00 per month,to hold office at the will and pleasure
of the Council.
Motion by Councilman Hush,seconded by Councilman Petersen and
carried that this meeting adjourn to Monday,February 25,1957 at
8 o'clock p.m.,Council chambers,City Hall,Gilroy,California.
e, Q, eox
City Clerk