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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: -, .....J ...... -- ~ , ' ... ,..... ....... -"'I ..... ...... 1851 REGULAR OFFICERS AUXILIARY POLICE \. 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 j, (I) ~"t"" 1"", '''' . } __ _+, l(,}':"': 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 /~ e.~ MAYOR A TTEST:;J Ma '// I/l/V CITY C RK old 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. ..... ...... ... '- ~ , ....... 1853 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. ~~~AA / City lerk