Minutes 1957/06/17
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1837
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Gilroy,California
June 17,1957
This regular adjourned meeting of the Common Council is called to
order by His Honor Mayor George C.Milias.
Present:Councilmen Carl W.Pate,Sig Sanchez,Charles Gallo,Kenneth
L.Petersen,Courtland M.Rush,Everett C.Wentworth.
The Mayor now calls upon the Rev.Allen Breed of the Methodist
Church to give the invocation.
Councilman Pate reports that he will have a report at the next
meeting of the Council on the parking lot located on Southern
Pacific CompaBXtRroperty just off the alley north of Lewis Street.
Councilman/~@p8rts that the Finance Committee recommends that the
balance of the debt on the Monterey Street electroliers be paid to
Pacific Gas and Electric Company.
Motion by Councilman Pate, seconded by Councilman Wentworth and
carried that the debt on the Monterey Street electrolier system
in the amount of $36,592.95T~lus accrued interest to July 19,1957
in the amount of $9l.4g totalling $36,6g4.43 be paid to Pacific Gas
and Electric Company from the Reserve Fund.
The mateer of the bill for taxes on the Monterey Street electrolier
presented by the Pacific Gas and Electric Company is referred to the
City Attorney to check.
The City Attorney now presents and reads proposed amendments to
the by-laws of the Gilroy Auxiliary Police as presented by that
group.
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The City Attorney now presents and reads RESOLUTION NO.43).
Motion by Councilman Sanchez, seconded by Councilman Pate that
RESOLUTION NO.4)) be adopted.
RRSOLUTION NO.433
APPROVING PROPOSED AMENDMENTS TO CONSTITUTION OF
GILROY AUXILIARY POLICE
/ ,
WHEREAS, Gilroy Auxiliary Police has proposed to amend its Const-
itution as follows:
There shall be added to Article V,a new section to be known as
Section III to read as follows:
SECTION III. The Secretary and Treasurer shall hold
the ranks of Lieutenant,and shall be
third on command, respectively;
There shall be added to Article VII a new section to be known as
Section III to read as follows:
SECTION III. Exception to Section II of the article can be made
at the discretion of the Executive Board.
There shall be added to Section IV of Article XI a ne subsection
to be known as Subsection (D) to read as follows:
(D) He shall act as non-voting chairman of the Tribunal and shall
be directly responsible to the Executive Board,and Subdivision
"A" of Section V of said Article XI shall be amended to read
as follows:
"A" The Sergeants will be directly responsible
to the officer in command in the performance
of duties assigned to them.
And,whereas, said proposed amendments have been presented to the
Common Council of said City of Gilroy for approval and said Council,
after having duly considered said amendments, will improve thek said
Gilroy Auxiliary Police Organization and should be approved.
Now, therefore, be it resolved that said proposed amendments to
said Constitution of said Gilroy Auxiliary Police be and the same
are hereby approved by the Common Council of the City of Gilroy.
Be it further resolved that a copy of this resolution duly
certified by the City Clerk be forwarded to the proper officer or
officers of said Auxiliary Police Unit.
PASSED and ADOPTED this 17th day of June,1957 by the following
vote:
AYES:
NOES:
ABSENT:
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Councilmen Pate,Sanchez,Gallo,Petersen,Rush,Wentworth
Councilmen None
Councilmen None.
Attest:
Q,~.~
City Clerk
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City of Gilroy
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The City Attorney reports that he will have the proposed amendment
to the Bicycle License Ordinance ready at a later date.
The City Attorney presents and reads ORDINANCE NO.554.
Motion by Councilman Pate;seconded by Councilman Petersen that
ORDINANCE NO.554 be adopted.
ORDINANCE NO.554
ORDINANCE OF THE CITY OF GILROY AMENDING SECTIONS 30 AND 71 OF
ORDINANCE NO.480 REGULATING TRAFFIC UPON THE PUBLIC STREETS BY
PROVIDING FOR STOP SffiGNS AT RAILROAD GRADE CROSSINGS, AND PROVID=
FOR STOP SIGNS ON CASEY STREET AT SWANSTON LANE.
Vote on the motion to adopt ORDINANCE NO.554:
AYES: Councilmen Pate,Sanchez,Gallo,Petersen,Rush,Wentworth
NOES: Councilmen None
ABSENT: Councilmen None.
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Councilman Pate sates that he has no report on the County-wide
highways survey.
Councilman Wentworth presents plans and specifications for the
proposed Miller Avenue-Fifth Street drainage project,as prepared
by the City Engineer,W.J.Hanna.
Motion by Councilman Wentworth, seconded by Councilman Petersen
and carried that the City Clerk be instructed to advertise for
bids for construction of the Miller Avenue-Fifth Street drainage
project and that bids be opened at the regular monthly meeting of
the Council on Monday,July 1,1957.
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The Mayor states that he is going to Sacramento on Wednesday and
during his visit with the Governor he will discuss the city's request
to instal automatic traffic signals at First and Hanna streets.
The City Attorney reports that he had received a telephone call from
the attorney for Mr. George White with reference to the building
constructed by Mr.White on his property at 300 N.Princevalle Street
and that Mr. White's attorney and the City Attorney will meet to dis-
cuss this matter on Wednesday,June 19,1957.
Motion by Councilman Pate, seconded by Councilman Sanchez and carried
that a decision on the matter of the building erected by Mr. George
White on his property located at 300 N.Princevalle Street be laid over
to Tuesday night,June 25,1957.
The City Attorney presents and reads RESOLUTION NO.434:
Motion by Councilman Petersen, seconded by Councilman Wentworth that
RESOLUTION NO.434 be adopted.
RESOLUTION NO.434
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BE IT RESOLVED:
That the City of Gilroy convey to the State of California, the
following described property located mn the City of Gilroy,County
of Santa Clara,State of California, to-wit:
Being a portion of Las Animas Ranchlot 23 as
shown on Map No.7 accompanying the final report
of the Referees in the Las Animas Rancho Partition
Suit,Action No.5536 had in the Superior Courtlof
the State of California,in and for the County of
Santa Clara, and being a portion of Lot 8 as shown
on map entitled "Map of Henry Miller's Subdivision
of Las Animas Ranchlot No.23",which map is recorded
in Book "H" of Maps at page 5,Records of Santa Clara
County, California, and being more particularly described
as follows:
Beginning at a ,concrete monument set to replace the
original 4" x 4" stake S2M as shown on Map No.7 at the
corner common to Ranchlots 23 and 24 in the southerly
line of Ranchlot 25,and running thence along the
southwesterly line of Ranchlot 24 S.22015' E. 224.42
feet;thence S.89010'W. 461.49 feet to a point in the
centerline of Wren Avenue (shown as Avenue H on said
Henry Miller Subdivision);thence along the centerline
of Wren Avenue N.0042'E. 209.00 feet to an iron pipe
at the intersection thereof with the southerly line
of Ranchlot 25;thence along the southerly line of
Ranchlot 25 N.89010'E. 373.35 feet to the point on
beginning, and eON!AINING THEREIN 2.00 acres of land,
gross;saving and excepting therefrom,all that portion
of the above described premises located within the
exterior boundaries of Wayland Lane,as shown upon Map
No.7 hereinabove referred to:
and that the said cORveyance contain the following provision:
"This conveyance is made upon condition that the State will
commence construction of a State armory on the premises within
five years from the date hereof and will thereafter prosecute
such construction to completion with due diligence. Upon~
failure to so commence construction of such State armory, title
will revert to the grantor".
BE IT FURTHER RESOLVED:
That the Mayor of the City
authorized to execute said deed
and when so executed that it be
California.
'ADOPTED and PASSED this 17th day of June,1957 by the followin~
vote:
AYES:
NOES:
ABSENT:
of Gilroy be,and he is hereby
on behalf of the City of Gilroy,
delivered to the State of
Councilmen Pate,Sanchez,Gallo,Petersen,Rush,Wentworth
Councilmen None
Councilmen None.
h(J:- €. /r~
Mayor
Attes~
~.G.~~
City Clerk
The City Attorney presents and reads ORDINANCE NO.555.
f Motion by Councimman Pate, seconded by Councilman Petersen that
ORDINANCE NO.555 be adopted.
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ORDINANCE NO.5~2
ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 71.1 OF ORDINANCE
NO.480 (TRAFFIC ORDINANCE)AS SET FORTH IN ORDINANCE NO.544 BY
PROVIDING FOR AND DESCRIBING YIELD RIGHT OF WAY INTERSECTIONS AND
THE PLACING OF YIELD RIGHT OF WAY SIGNS AND DESIGNATING FOURTH AND
CHmRCH STREETS AND FOURTH AND ROSANNA STREETS INTERSECTIONS AS
YIELD RIGHT OF WAY INTERSECTIONS.
Vote on the motion to adopt ORDINANCE N6.555:
AYES: Councilmen Pate,Sanchez,Gallo,Petersen,Rush,Wentworth
NOES: Councilmen None
ABSENT: Councilmen None.
The City Attorney presents and reads RESOLUTION NO.435.
Motion by Councilman Petersen, seconded by Councilman Gallo that
RESOLUTION NO.435 be adopted:
RESOLUTION NO.435
RESOLUTION OF THE CITY OF GILROY DECLARING PUBLIC NECESSITY FOR
ACQUISITION OF EASEMENT AND OF AUTHORIZINB THE ATTORNEY FOR THE
CITY OF GILROY TO INSTITUTE SUIT IN EMINENT DOMAIN THEREFOR.
BE IT RESOLVED:
That the Common Council of the City of Gilroy does hereby
expressly find determine that the public interest and necessity
require the furnishing and installation of street lighting poles
and street lights for a street lighting system for an improvement
district comprising Tract No.239 Renz Addition to the City of Gilroy
and portions of other tracts in the City of Gilroy in accordance
with the street lighting acto of 1919 of the State of California
as set forth in that certain report of the City Building Inspector
of the City of Gilroy dated the 20 day of Qugust,1956,and that the
following described easement,and the whole thereof,is necessary for
the purposes of constructing and maintaining wires, poles and conduits,
constututing part of said street lighting system, and that the proposed
improvement is :located in a manner that will be most compatible with
the greatest public good and the least prmvate injury;said easement
hereinbefore referred to is a right of way over,on,and through one
contiguous tract of land,and the right to use the same for the
construction and placing of electric light poles and wiring and
conduits and other equipment and paraphernalia for the street
light system abovementioned and the maintenance thereof, which said
tract of land is situated in the City of Gilroy,County of Santa Clara,
State of California, and is more particularly described as follows:
A strip of land of uniform width of four (4) feet, the center
line of which consists and is the line dividing Lot 74 and
75 as shown upon that certain map designated as Tract 239, '
Renz Addition to the City of Gilroy,filed of record in the
Office of the County recorder of the County of Santa Clara.
BE IT FURTHER RESOLVED:
That the City Attorney for the City of Gilroy be and he is
hereby empowered and authorized to institute suit in eminent domain
in the Superior Court of the State of California in and for the
County of Santa Clara against Harold C.Crow,Gewndolyn Crow,Ernest
Hazelrigg and Mary D.Hazelrigg,and any and all other persons who
have or claim any interest in the above described property,for the
purpose of condemning,as provided by law, the hereinabove described
property,and the whole thereof,and all the right, title and interest
of any parties therein,in order that the City of Gilroy may acquire
said easement over,on across and through said property for the uses
and purposes aforesaid, and that the Mayor and/or City Clerk of the
City of Gilroy and other employees and officers of the City of Gilroy
be, and each of them is hereby,authorized,empowered and directed to
verify such pleadings and make such affidavits as to facts within
their knowledge,requis1te to be done in connection with the institut-
ion and prosecution of said suit in eminent domain, and that the said
Mayor and City Clerk are hereby authorized, empowered and directed to
draw such warrants in such amounts as may be required by said Court,
in order that said City of Gilroy may deposit such money in said
Court,and may then take immediate possession of said lands herein-
above described, for the uses and purposes hereinabove set forth,in
accordance with the provisions of Article 1,Section 14, of the
Constitution of the State of California
PASSED and ADOPTED this 17th day of June,1957 by the following
vote:
AYES:
NOES:
ABSENT:
Councilmen Pate,Sanchez,Gallo,Petersen,Rush,Wentworth
Councilmen None
Councilmen None.
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Attest:
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The City Attorney reports that he has contacted Mr.John Triola and
discussed the deeding of the necessary land to the city to provide ~
a standard width street for the extension of Forest Street from 8th
to 9th street. Mr. Triola having sold the property advised the City
Attorney that he will discuss this matter with the new owner.
The City Attorney advises that he will continue his investigation
of the State Retirement plan.
A communication is read from the Southern Pacific Company advising
the Council that the speed limit of trains within the City limits of
-Gilroy will be rediced to 25 miles per hour,on a trial basis,when the
city instals STOP signs at all grade crossings, except Old Gilroy
Street.
A communication is read from the Division of Highways stating that
investigation had been made of the city's request for permission to
instal STOP signs at the Old Gilroy Street crossing but they are un-
willing to recommend the installation of the signs.
A communication is read from Miller & Lux advising the Council that
their attorney is preparing a lease and agreement with reference to
the Las Animas Hospital Reservation Site being used as a recreation
pa rk .
A communication is read from the Division of Highways advising the
Council that the Ford 6, Panel Delivery truck, which the city is
,
interested in purchasing, will be ready for sale shortly.
A communication, with acceptances of the Gas and Electric franchises
attached,fDom the Pacific Gas and Electric Company,are presented and
read and ordered filed with the franchises.
A communication is read from the Merchants Association requesting
the Council to consider additional funds for Christmas decorations.
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Motion by Councilman Pate, seconded by Councilman Petersen and carried
that the Merchants Association request for finds for Christmas
decorations be referred to the Finance Committee.
Mr.William Hall of the Merfhants Association now appears before the
Council to discuss the association's request for funds.
The City Clerk reports on a conference he had with officials of the
. County Health Department and their request to permit the city to be
canvassed by employees of the health department to contact all dog
~wners and advise them of the rabies control program;the cost of
canvassing to be borne by the county;that an anti-rabies vaccination
clinic will be held in Gilroy on June 28,1957.
Motion by Councilman Sanchez, seconded by Councilman Petersen and
carried that authority be granted to the County Health Department
to canvass the City and present a notice to each dog owner calling
his attention to the anti-rabies vaccination requirement.
Councilman Rush votes "No" on this motion.
Two communications are read from Blackie and Wood, engineers for the
South Santa Clara Valley Water Conservation District,with reference
to the filer plant to be constructed at the Uvas Dam of the District,
giving estimated cost including necessary engineering for the plant
and giving a schedule of their charges for the engineering work.
Councilman Sanchez, chairman of the Water Committee,presents a contour
map showing the location of the proposed filter plant and the route of
the pipe line to the District's boundary line.
Motion by Councilman Sanchez, seconded by Councilman Pate that Blackie
and Wood be employed as engineers on the filter plant and appurten~nces
at the Uvas Dam.
A general discussion now follows on the engineering at the proposed
fil)er plant and appurtenances at the Uvas Dam.
The Clerk is instructed to invite the Board of Directors of the
South Santa Clara Valley Water Conservation District to attend a
meeting with the Council at 7 o'clock p.~"Tuesday,June 25,1957,to
discuss engineers for the filter plant and appurtenances at the Uvas
Dam.
Councilman Sanchez now requests permission to withdraw his motion
employing Blackie and Wood as engineers on the filter plant and
appurten~nces at the Uvas Dam and Councilman Pate who seconded the
motion, consents to the request of Councilman Sanchez. The Mayor
now declares the motion withdrawn.
Motion by Councilman Pate~.econded by Councilman Petersen and carried
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that the Board of Directors of th~ So~th Santa Clara V,alley Water
Water Conservation District be invited to attend a meeting of the
Council on Tuesday,June 25,1957 at 7 o'clock p.m. in the Council
chambers,City Hall,Gilroy,California,
Councilman Sanchez reports that he has been advised that the price
of cast iron pipe will advance on July 1st and recommends that 2000
feet of 6 inch and 1000 feet of 4 inch cast iron pipe be purchased.
Motion by Councilman Rush,seconded by Councilman Wentworth and
carried that the Purchasing Agent purchase 2000 feet of 6 inch cast
iron pipe and 1000 feet on 4 inch cast iron pipe for the Water
Department.
The matter of leaving the canvas cover over the grandstand at
Wheeler Field for use of the promoters of the blodless bull fight
to be held at the field in August, is discussed. It is unanimously
agreed that the canvas should be removed now and the Spanish-American
Club,Inc.,promoters of the blodless bull fight be advised of the
Council's action.
Councilman Pate reports that the Board of Trustees of the Gilroy
Elementary School District have agreed to remove the trees along
the south boundary of their property.
Councilman Pate reports that all matters concerning the extension
of Alexander Street from 9th Street to the south boundary line of
--"the city have been settled and the work will proceed.
The City Attorney discusses the request of a title company to have
the city accept a deed to that portion of Miller Avenue which is
contiguous to Eschenburg Park Unit No.2. It is unanimpusly agreed
that this matter should be laid over for further investigation.
A communication accompanied by two prints of the final map of
"Eschenburg Park",Unit No.2m are presented the communication advising
the Council that the improvements for bond purposes is estimated
at $20,000.00 and the drainage bond will be $1900.00 additional;
requesting the Mayor,City Clerk and chairman of the Planning Comm-
ission be authorized to sign the final map upon posting o~ the
necessary bonds with the City to the satisfaction of the City *
Attorney.
Motion by Councilman Rush,seconded by Councilman Wentworth and
carried that the final map of "Eschenburg Park" Unit No.2 be
accepted, that the Mayor,City Clerk and chairman of the City Plann-
ing Commission be authorized to sign the map when the necessary
bonds are posted with the City and approved by the City Attorney.
Motion by Councilman Pate, seconded by Councilman Sanchez and
carried that this meeting adjourn to Tuesday,June 25,1957 at 7
o'clock p.m.,Council chambers,City Hall,Gilroy,California.
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City Cle