Minutes 1957/08/05
184g
Gilroy, California
August 5, 1957
This regular monthly meeting of the Common Council is called
to order by His Honor Mayor George c. Milias.
Present: Councilmen Carl W. Pate, Kenneth L. Petersen, Everett
C. Wentworth, Charles Gallo, Sig Sanchez. Absent: Councilman Court-
land M. Rush.
The Mayor now asks if all Councilmen have received copies of
the minutes of the regular monthly meeting of July 1st, and the regu-
lar adjourned meeting of July 15, 1957.
All Councilmen answer in the affirmative.
The Mayor now asks if there are any errors or omissions in the
minutes as presented.
No errors or omissions are noted.
The Mayor now declares the minutes of the regular monthly meet-
ing of July 1st and the regular adjourned meeting of July 15, 1957
approved.
/ A communication from W. J. Hanna, City Engineer to Mr. B. W.
Booker, Assistant State Highway Engineer is read. Councilman Pate
explains the project statement for engineering funds which is attached
to the letter. The communication is ordered to be placed on file.
A communication from Gentyy Company is read requesting permission
to use the city sewer system. This matter is referred to the Sewer
Committee for recommendation.
A communication from L. F. Richards is read and the contents
of this letter are postponed until the time of the swimming pool
discussion.
A communication from S. S. Herspring is read advising the City
Clerk that he is willing to build a fence on the south east corner
of his property now occupied by J. C. Penney Company, and adjacent
to the city parking lot. The Mayor directs the City Clerk to write
a letter thanking Mr. Herspring for his cooperation.
A communication from B. W. Booker of the Division of Highways
is read regarding the operation of the traffic signals at Lewis and
Martin Streets. Councilman Pate reports that he had a conversation
with Mr. Bongera from the Division of Highways and he suggests that
a No Right Turn on Red Signal be installed on both Lewis and Martin,
and on 4th and 5th Streets. ~e City Attorney is instructed to
draw up the necessary ordinance.
A communication from Perry H. Taft, Attorney for the Canteen
Service Company is read regarding the business license fees for
automatic merchandise vending, in which a request to the Council to
revise the business license ordinance pertaining to vending machines
was made. This matter is referred to the Ordinance Committee for
further study. The Mayor instructs the City Clerk to answer this
letter informing the Attorney of the action taken.
A communication from Dr.. A. J. Marsh, commending the Street
Cleaning Department for their excellent work on keeping our streets
clean is read. The Mayor instructs the City Clerk to write a letter
of appreciation to Dr. Marsh for the Street Committee.
A communication from the League of California Cities is read
requesting the Council to pass a resolution endorsing a program
schooling for firemen in San Jose State College.
Motion by Councilman Petersen, second by Councilman Wentworth
and carried that a resolution be drawn by the City Attorney, favoring
the adding of this fire training to their curriculum.
The industrial waste material from the Gentry plant is dis-
cussed. No action is taken at this time.
The Mayor now asks that the bids for the extension of Alexander
Street from 9th Street to Banes Lane be read. The bids are opened
and read as follows: Granite Construction Company - $9,186.76, and
Renz Construction Company - $8,881.40. Councilman Pate suggests
that we hold the bids until the Purity Stores, Ltd. are informed
on the amount of the bid and agree to enter into the contract.
1830
The City Attorney states that the plans and specifications for
the swimming pool are in order.
Motion by Councilman Sanchez, second by Councilman Pate and
carried that the plans and specifications for the swimming pool be
approved.
The City Clerk now reads the notice to contractors inviting bids
for the proposed swimming pool to be built on school property. Motion
by Councilman Sanchez, second by Councilman Pate and carried that the
City Clerk advertise for bids for the swimming pool and that the bids
be opened at the regular adjourned meeting of the Common Council on
August 19, 1957, at 8:00 P.M.
The communication from L. F. Richards is discussed at this time,
requesting the permission to appoint the Hales Testing Laboratory of
San Jose and Oakland to perform the necessary tests during the con-
struction of the swimming pool.
Motion by Councilman Pate, second by Councilman Wentworth and
carried to allow Hales Testing Laboratory of San Jose and Oakland to
perform the necessary tests at the swimming pool. The Mayor requests
that L. F. Richards be notified of the action taken.
Motion by Councilman Pate, seoond by Councilman Wentworth and
carried that the budget for the fiscal year 1957-1958 as presented by
the Finance Committee be accepted with the exception of an addition
of $240.00 for the Auxiliary Police.
Motion by Councilman Pate, second by Councilman Wentworth and
carried that the tax rate for the fiscal year 1957-58 be $l~~O per
$100.00 of assessed valuation.
Councilman Pate commended the City Clerk and his staff on their
splendid work in preparing the budget for the 1957-1958 year.
The Mayor commended the Finance Committee and Councilmen for
their excellent job on the budget.
Councilman Sanchez states that the Water Committee had met for
the purpose of establishing new water rates. A recommendation will
be made in September or October on the proposed new rates.
The matter of George Brooks going on regular salary and the mat-
ter of his uniform allowance is brought to the Council's attention by
the City Clerk. This matter is asked to be brought up at the next
meeting when Councilman Rush, chairman of the Fire Committee is pre-
sent.
The City Attorney presents and reads Ordinance 558. Motion by
Councilman Sanchez, seconded by Councilman Pate that Ordinance No.
558 be adopted:
ORDINANCE NO. 558
AN ORDINANCE AMENDING ORDINANCE NO. 422 OF THE CITY OF
GILROY AS HERETOFORE AMENDED BY ORDINANCE NO. 486 OF SAID
CITY BY ADDING A SUBDIVISION TO SECTION 7-1/2 OF ORDINANCE
NO. 422, RELATING TO SET BACKS AND REGULATING THE YARD
REQUIRED IN ncn AND nC_ln DISTRICTS ADJACENT TO nAn OR
"Bn DISTRICTS IN THE SAME BLOCK AND AMENDING SUBDIVISIONS
7, 8 and 8A OF SUBSECTION (b) of SECTION 12 OF ORDINANCE
422 REGULATING THE HEIGHT, LOCATION AND OTHER FEATURES OF
ACCESSORY BUILDINGS AND REPEALING SUBDIVISIONS 8B AND 8C
OF SAID SUBSECTION (b) of SECTION 12 OF SAID ORDINANCE NO.422
Vote on the motion to adopt ORDINANCE NO. 558:
AYES: Councilmen Pate, Petersen,Wentworth,Gallo,Sanchez
NOES: Councilmen None
ABSENT: Councilmen Rush
Resolution No. 438 is presented by the City Attorney. Motion
by Councilman Pate, second by Councilman Petersen that Resolution No.
438 be adopted.
RESOLUTION NO. 438
RESOLUTION OF COMMON COUNCIL OF THE CITY OF GILROY DECLARING
THAT CERTAIN NAMED PERSONS HERETOFORE APPOINTED AS REGULAR POL-
ICE OFFICERS, SPECIAL OFFICERS, OR AUXILIARY POLICE HAVE
TERMINATED THEIR EMPLOYMENT AS SUCH, THAT THE TIME OF TERMINA-
TION WAS THE TIME THEY CEASED TO PERFORM ANY SERVICE FOR THE
CITY OF GILROY; AND ESTABLISHING PROCEDURE FOR THE TERMINA-
TION OF EMPLOYMENT OF POLICE OFFICERS.
WHEREAS, the following name.ipersons have hereto been
regularly appointed police officers of the City of Gilroy or
have been members of the auxiliary police:
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REGULAR OFFICERS
AUXILIARY POLICE
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Joseph F. Biafore Sr.
Filbert Joe Lugan
Jack R. Seadler
William R. Goold
Riccardo Quartiero
Arthur T. Griffin
Clifford C. Jeske
Roland E. Parsons
James L. York
James W. Marlowe
. Myron J. Story
George A. Settrini
Richard L. Steen
Alfred R. Desimone
Robert E. Henry
Claudine T. Mason
Emmet D. Shugart
Richard D. Dunne
Elmer A. Klassen
Chester H. Botill
Guadalupe Aceves
Walter L. Scott
Charles M. Barrenna
Bernie H. Habing
Clifford J. Stevens
Dewey E. Hewell
Homer E. Day
Leonard W. Taylor
William L. Kellar
Jimmy J. Mirenda
Palmer F. Harralson
Albert W. McGuire
Arthur J. Coutinho
Leonard W. Taylor
Walter G. Brandhorst
SPECIAL OFFICERS
Herbert R. Fullenwider
Louie Lemos
Edward L. Graham
At:nold Pappani
Richard Piedmont
John Britzuis
Joseph E. Lemos
Virgil Smith
Porter Peabody
John G. Glover
Ralph C. Latzke
Jerry Lloyd Graham
Lee McDonald Feathers
William Abruzzini
Vernon L. Mathison
Charlie Shields
Ralph Filadora
Shelby Dane
Arthur J. Silva
Richard L. Goodrich
Joseph M. Walsh
Jack Rodgers
Lloyd B. Leimas
Angelo Ghirlanda
Norman B. Goodrich
and,
WHEREAS, the employment of the above named persons as
such officers have terminated, but no record of such termina-
tion appears to be in the files of the Police Department of the
City of Gilroy or in the City Clerk's records and,
WHEREAS, the persons above named as members of the
auxiliary police, have ceased to be members of the organization
and therefore are no longer members of the auxiliary police
force of the City of Gilroy; and,
WHEREAS, the common council of the City of Gilroy be-
lieves that there should be some official record of the termina-
tion of the employment of such officers and that they have been
relieved from duty and,
WHEREAS, it is deemed necessary that there be estab-
lished a procedure to be followed whenever a police officer has
been relieved from duty or his employment terminated;
NOW, THEREFORE, BE IT RESOLVED:
That all of the persons hereintofore named as regular
officers, special officers, and members of the auxiliary police
have been reli~ved of duty as of the day when they ceased to
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perform any service as such officers for the City of Gilroy, and
they have no authority to execute the duties of a police officer
of the City of Gilroy.
AND, BE IT FURTHER RESOLVED:
That the City Marshall's Office keep a register, written
record of the appointment and termination of employment of reg-
ular, special, and auxiliary police officers of the City of Gilroy,
and that there be kept on file in the City Marshall's Office an
appointment form, and thereon an oath of office properly execu-
ted by the officer and that there be issued to such officer an
identification card; that when a member of the police, or regular
police is relieved of duty the City Marshall shall obtain from
him his identification card and notify him on a written form
that he is relieved of all duty as an officer of the City of
Gilroy, such notice to be induplicate and dated, one copy to be
kept in the office of the City Marshall and on which shall be
endorsed or otherwise stated an acknowledgm~nt that the officer
has received the duplicate. The records to be kept in the City
Marshall's Office shall state the day the officer was relieved
from duty;
BE IT FURTHER RESOLVED:
~at a copy of this resolution duly certified be forth-
with delivered to the City Marshall of the City of Gilroy.
PASSED and ADOPTED the 5th day of August, 1957, by the
following vote:
AYES: Councilmen
NOES: Councilmen
ABSENT: Councilman
Pate, Sanchez, Petersen,Oallo,Wentworth
None
Rush
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MAYOR
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The City Attorney reads an/amendment to the City Charter
which changed the Treasurer's commissions:.to be received by the
Treasurer from 3% to 1%. This amendment, enacted by the State
Legislature, took effect on the First Monday of May, 1876. This
was ordered to be placed on file.
The City Attorney states that he will report on the pro-
posed retirement program for City Employees at a future meeting.
The City Attorney states that he would like a meeting in
his office with Councilman Petersen and Councilman Sanchez on August
13th at 2:00 p.m. regarding the Miller & Lux Park, and the City
Attorney states that a representative of the Miller Estate will be
present.
Motion by Councilman Petersen, second by Councilman Went-
worth and carried that Byron Brown see that the bank parking lot be
paved by the City under his supervision.
Councilman Pate presents a plan for a proposed widening and
rerouting of Welburn Avenue to meet Leavesley Road. He also express-
es the need for a future plan line on the extension of Church Street
north to the Pentacostal Church property. The City Clerk is directed
to refer both matters to the Planning Commission for recommendation.
The annual Financial Report of the Gilroy P~blic LibBary is
read by the City Clerk.
Motion by Councilman Sanchez, second by Councilman Gallo
and carr~ed that the Gilroy Public Library's financial report be
accepted as read. The Mayor requests a letter b~written by the
City Clerk to the Library Board for the efficient manner in which
they conduct the affairs of the library.
Reports of the Building Inspector, Poundmaster, and Police
Department, are presented and read.
Motion by Councilman Petersen, second by Councilman Went-
worth and carried that these reports be accepted as read.
An application for a beer license for El Torero Cafe was
read. The Mayor asks the City Clerk to refer this application to
the Marshal for checking, and also any future applications of this
type.
Reports on water samples taken by the Santa Clara County
Health Department during July are read. These repprts are satis-
factory and are ordered filed.
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The City Clerk recommends that $1293.49 be transferred from the
Reserve Fund to the Recreation fund to wipe out the deficit in
the Recreation Fund.
Motion by Councilman Pate, second by Councilman Petersen and
carried that $1293.49 be transferred from the Reserve Fund to
the Recreation Fund.
Reports of City officers are presented and read.
Motion by Councilman Petersen, second by Councilman Wentworth
that the reports of the City officers be accepted as read and
placed on file.
Motion by Councilman Pate, second by Councilman Gallo and
carried that bills as Dresented be allowed and warrants ordered
drawn on the Treasurer:
Motion by Councilman Petersen, second by Councilman Gallo
and carried that this meeting adjourn to Monday, August 19, 1957
at 8 o'clock p.m., Council chambers, City Hall, Gilroy, California.
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City lerk