Minutes 1957/08/19
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Gilroy, California
August 19, 1957
This regular adjourned meeting of the Common Council is called
to o8der by His Honor Mayor George C. Milias.
Present: Councilmen Carl W. Pate, Courtland M. Rush, Kenneth
Petersen, Everett Wentworth, and Sig Sanchez. Absent: Charles Gallo.
The Mayor now asks that the bids for the two swimming pools
and appurtenances at the High School plant on I.O.O.F. Avenue in the
City of Gilroy, California be read. The bids are opened and read
as follows: Paddock Pools - Item nAn, which includes the complete
work as shown on the drawings $65,780.00 - Item nBn, which includes
a radiant heating system as snecified under "Alternate Heating
(Radiant)" in place of the heating system shown~lO,OOO.OO; R. L.
Stanley - Item "An, $61,890.00, Item "Bn, $8,650.00; Blue Line
Pools, Inc. - Item "An, $54,600.00, Item nBn, ,$6,575.00; Wm.
Radtke - Item "A" $61,520.31, Item nB" $7,160.00; Atlas Pools-
Item nA" $58,000.00, Item "Bn $9,300:00; and Western-Alta - Item
nAn $62,220.00, Item nBn $8,700.00. At this time Item nBn, concern-
ing radiant heating, is discussed. It is decided to be brought up
at a later date. The Mayor now asks L.F. Richards and the City
Attorney to see if the bids are in order. A list of Sub Contractors
is asked to be read on Blue Line Pools, Inc. being the low bid.
There is no list of Sub Contractors listed on this'bid. The Mayor
instructs the City Attorney to see if a list of Sub Contractors must
be included in the bid.
The Mayor now asks for a report by Councilman Wentworth on the
Gentry sewage problem. Councilman Wentworth states that he will go
over all of the plans with Mr. Stockman, and he requests an extension
of two weeks for reporting to the Council. Request is granted.
The Mayor asks for a report from W. J. Hanna, City Engineer,
on the plans and specifications of the new filter bed. The City
-Engineer refers the Mayor to Councilman Sanchez who reads a letter
from W. J. Hanna Jr. The letter states that Mr. Hanna Jr. will
give a report at the next meeting at such time some additional data
will be assembled on the type of filter to be used.
The report of the Ordinance Committee by Councilman Gallo re-
ferring td automatic vending machines is called for. This matter
will be brought up at the next meeting when Councilman Gallo,Chair-
man of the Ordinance Committee is present.
Councilman Pate reports that the final agreement on the bids,
for the extension of Alexander Street from 9th Street to Banes Lane,
has not been received from Purity Stores, Ltd. He suggests that we
hold the bids for a two week extension period until the next Council
meeting.
The Mayor states that due to the first Monday in September being
Labor Day holiday, the next meeting will be Tuesday, September 3rd.
Councilman Wentworth brings up the matter of the City Employees
5% raise. There is some discussion at this time concerning whether
this 5% increase should be applied to a retirement plan or whether it
should just be' an increase in the salary. Councilman Pate suggests
that this matter be referred to the Finance Committee for further
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study. Councilman Pate states that the 5~ increase in salary
for the City Employees will be effective from July 1, 1957, if
the retirement plan is not accepted.
The Mayor asks the City Attorney to report on the swimming
pool bids as to his examination of all bids. The City Attor--
ney states that the low bid is addressed to the school district
and not to the Council as requested. He also states that the
low bid is not accompanied by a list of Sub Contractors. Mr.
L.F. Richards comes before the Council and states that in his
past experiences with bids, a bid without a list of Sub Con-
tractors can be challenged by the other bidders, as it is a
State law to submit a list of Sub Contractors. The City At-
torney states that this low bid of Blue Line Pools, Inc. must
be eliminated. Some discussion is now had on the next lowest
bid of Atlas Pools. Mr. Richards gives his opinion on what
should be done with this bid as it is approximately $7,000.00
higher than his e3timate. It is decided to hold the bids for
a thirty day period or until such time as the Council, L. F.
Richards, and the Contractor from Atlas Pools negotiate to
-bring the bid within the bounds of the estimated figure by
change order.
Motion by Councilman Sanchez, second by Councilman Pate
and carried to have a repor~ at the next regular meeting on
the revised figure of the A las Pools bid and to award the
bid at that time.
~e Mayor asks for reports from the City Attorney.
At this time Councilman Rush states that representatives
from the Southern Pacific Railroad Company are present and re-
quests that the City Attorney's reports be read after Mr. Mil-
ler and Mr. Spence are finished speaking to the Council. Re-
quest is granted.
Mr. Miller states that he had a gentleman's agreement
with Councilman Rush and the City Clerk to reduce the speed
limit'of trains to 25 mile per hour for a six months trial
period or until such time this agreement was terminated. He
also states that he was not in favor of passing an Ordinance
reducing the speed of trains passing through the 1.$ mile
City of Gilroy, due to the fact that he had only made a gen-
tleman's agreement, and was not informed of the Ordinance
No. 557 until after it was passed and adopted.
Councilman Rush suggests that Ordinance No. 557, re-
ducing the speedlimit of trains to 25 miles per hour be re-
scinded. The City Attorney explains the reason for the
passing of the Ordinance No. 557. Rodney Eschenburg states
that this ordinance had to be passed before the California
State Automobile Association would install stop signs at the
railroad crossings. Councilman Pate states that a separate
ordinance was passed for the installation of these stop signs.
The Mayor expresses his opinion about the 25 mile per
hour speedlimit for the trains. Mr. Miller reads a letter
from the City Clerk on the reducing of the speedlimit of
trains and the gentleman's agreement between the City and the
Southern Pacific Railroad Company.
Motion by Councilman Rush, second by Councilman Petersen
and carried to rescind Ordinance No. 557 by repealing this
Ordinance and instructing the City Attorney to draw up an-
other ordinance for the speed limit of trains to be 35 mile
per hour, being the same as before Ordinance ~. 557 was adopt-
ed.
The Mayor instructs the City Clerk to write a letter to
the Southern Pacific Company telling of the action taken at
this meeting and showing that we are doing this in good faith.
The Mayor now asks for reports from the City Attorney.
The City Attorney reads an agreement between the City of
Gilroy and the County of Santa Clara referring to the General
Plan of Land Use prepared,by the county and whereas the City
agrees to pay the County ~2,500.00 as compensation for the
performance of such services.
Resolution No. 439 is presented by the City Attorney.
Motion by Councilman Sanchez, second by Councilman Pate that
Resolution No. 439 be adopted.
RESOLUTION NO. 439
RESOLUTION NO. 439 AUTHORIZING EXECUTION OF AGREE-
MENT BE~NEEN COUNTY OF SANTA CLARA AND THE CITY OF
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GILROY FOR THE PREPARATION OF A GENERAL PLAN OF LAND
USE AND CIRCULATION FOR THE CITY OF GILROY AND ITS
ENVIRONS
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WHEREAS, there has been presented to the Common
Council of the City of Gilroy, a form of Agreement be-
tween the County of Santa Clara and the City of Gilroy
by the terms of which the County will perform certain
planning functions for said City, including a General
Plan of Land Use and Circulation of the said City and
immediate environs, which agreement is of the date of
the 5 day of August, 1957, and has already been sign-
ed by the officials of the County of Santa Clara; and
WHEREAS, the said agreement provides that the
City of Gilroy is to pay the amount of Twenty-Five Hun-
dred($2500.00) Dollars as compensation for the perfor-
mances of the aforementioned services; and
WHEREAS, the Common Council of the City of Gilroy
does deem it advisable and for the best interest of the
City of Gilroy that said agreement be entered into;
NOW, THE REF 0 R E , BE IT RESOLVED that
the said City of Gilroy enter into said agreement as
the same is presented, and that the same be executed
on behalf of the said City of Gilroy, by the Mayor
thereof.
PASSED and ADOPTED the 19 day of August, 1957 by
the following vote:
AYES: Councilmen Wentworth, Rush, Sanchez,
Pate" Peterson
NOES: Councilmen none
ABSENT: Councilman Gallo
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BY:' - . -, /~
Georg' . rvalias
Mayor
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ATTEST: ~L?Lah/
G.B. arr
City Clerk
The City Attorney reads an agreement between the City of Gil-
roy and the County of Santa Clara referring to the City's benefits
from a comprehensive planning, highway, and traffic study of the
Gilroy area.
Resolution No. 440 is presented by the City Attorney. Motion
by Councilman Pate, second by Councilman Rush that Resolution No.
440 be adopted.
RESOLUTION NO. 440
RESOLUTION NO. 440 OF THE COMMON COUNCIL OF THE CITY OF
GILROY AUTHORIZING EXECUTION OF AGREEMENT WITH THE COUNTY
OF SANTA CLARA BY WHICH THE CITY OF GILROY IS TO HAVE THE
BENEFITS OF A COMPREHENSIVE PLANNING, HIGHWAY, AND TRAFFIC
STUDY OF THE GILROY AREA
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WHEREAS, there has been presented to the Common Council
of the City of Gilroy an agreement between the County of San-
ta Clara and the City of Gilroy by the provisions of which
the County of Santa Clara will furnish to the City of Gilroy
all information and reports to be prepared by DeLeuw, Cather
& Company, covering the development of a comprehensive plan-
ning, highway, and traffic study of the County of Santa Clara,
including the City of Gilroy, and Southern Santa Clara County,
by the terms of which agreement the CIty of Gilroy is to pay
eighty-tw%ne-hundreths (82/100ths) of one (1%) per cent of
the cost of said planning and traffic study; and
WHEREAS, the Common Council of the City of Gilroy be-
lieves it to be to the best interest of the said City that the
said agreement be entered into with the County of Santa Clara
as presented;
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NOW, THE REF 0 R E , BE IT RESOLVED that
the City of Gilroy enter into the aforementioned agree-
ment with the County of Santa Clara, and that the ~aid
agreement be executed on behalf of said City of Gilroy
by the mayor thereof.
PASSED and ADOPTED the 19 day of August, 1957 by the
following vote:
AYES: Councilmen
NOES:
ABSENT:
Councilmen
Councilmen
Wentworth, Rush,
Peterson
none
Gallo
Sanchez, Pate,
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Milias
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ATTEST: .f/~ (!(/)!t/
G . B . a rr
City Clerk
The City Attorney presents and reads Ordinance No. 559.
Councilman Pate suggests that the City Attorney revise the
Ordinance No. 559 for insertion of No Right Turn on Red Sig-
nal on 4th and 5th Streets which is not mentioned in the
ordinance. The City Attorney is instructed to make the ne-
cessary changes and present a new ordinance at the next meeting.
Resolution No. 441is presented by the City Attorney.
Motion by Councilman Petersen, second by Councilman Wentworth
that Resolution No. 441 be adopted.
RESOLUTION NO. 441
RESOLUTION NO. 441 OF THE CO~10N COUNCIL OF THE CITY OF
GILROY OFFICIALLY SUPPORTING THE PROPOSED TRAINING IN
FIRE TECHNIQUES AND FIRE ADMINISTRATION AT SAN JOSE JUNIOR --
AND SAN JOSE STATE COLLEGES
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WHEREAS, the' Peninsula Fire Chiefs' Association has
gone on record supporting fire training instruction in
fire techniques and fire administration at San Jose Ju-
nior College and San Jose State College; and
WHEREAS, this type of administration is now being
given at the College or junior college level in other
parts of the State of C~lifornia; and
WHEREAS, this type of training will benefit the fire
service in municipal governmint;
NOW THEREFORE, BE IT RESOLVED by the Common Council
of the City of Gilroy that by the adoption of this Re-
solution it officially supports the proposed training in
fire techniques and fire administration at San Jose Ju-
nior College and San Jose State College.
BE IT-FURTHER RESOLVED that a Certified copy of
this Resolution be forwarded to the Peninsula Division
of the League of California Cities.
PASSEDrarid ADOPTED the 19 day of August, 1957 by
the following vote:
AYES: Councilmen Wentworth, Rush, Sanchez, Pate,
Peterson
Councilmen none
Councilmen Gall~
BY:
Geor C.
Tv1ayor
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NOES:
ABSENT:
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Milias
ATTEST: Jdi3 Ccz M/
G.B. Carr
City Clerk
Resolution No. 442is presented by the City Attorney. Motion
by Councilman Pate, second by Councilman Wentworth that Re-
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solution No. 442 be adopted.
RESOLUTION NO. 442
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
ADOPTING BUDGET AND APPROVING MEMORANDUM OF AGREEMENT FOR
EXPENDITURE OF FUNDS ALLOCATED UNDER SECTION 2107.5 OF
THE STREETS AND HIGHWAYS CODE
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WHEREAS, a memorandum of agreement has been presented to
be entered into with the State of California in accordance
wi th a project statement submitted by the Ci,ty of Gilroy for
expenditure of the engineering allocation to cities for the
fiscal year 1958, and
WHEREAS, the city council has heard read said agreement
in full and is familiar with the contents thereof;
THEREFORE, be it resolved by the city council of the
City of Gilroy that said project statement be and it is here-
by adopted as the budget of proposed expenditures of the en-
gineering allocation to cities, and said agreement be and the
same is hereby approved and the mayor and the city clerk are
directed to sign the same on behalf of said city, said agree-
ment to be binding upon the city upon its execution by the
authorized officials of the State.
ADOPTED this 19 day of August 1957.
BY: ~-_. e. /77~
MayO~~ City of Gilroy
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Attest: M r'?tU};V
City Clerk of the City of Gilroy
I hereby certify that the foregoing resolution was duly
and regularly passed by the city council of the City of Gilroy
at a regular meeting thereof held August 19, 1957.
~i1t~rnv/
Clerk of t e J. ty of Gilroy.
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Councilman Pate instructs the City attorney to present Re-
solution No. 443. Resolution No. 443is presented by the City
Attorney. Motion by Councilman Pate, second by Councilman Rush
that Resolution No. 443 be adopted.
RESOLUTION NO. 443
RESOLUTION DESIGNATING CERTAIN STREETS AS MAJOR CITY STREETS
AND REQUESTING APPROVAL THEREOF BY THE STATE OF CALIFORNIA,
DEPARTMENT OF PUBLIC WORKS.
BE IT RESOLVED by the City Council of the City of Gilroy
that pursuant to the provisions of Section 2053, Chapter Z,
Division 3, of the Streets and Highways Code of the State of
California, the City Council hereby designates the following
City Streets as additional major city streets in the City of
Gilroy:
Murray Avenue from Leavesley Road to Oddfellows Avenue.
Carmel Street from First Street to Welburn Avenue.
Welburn Avenue from Monterey Street to the westerly
City limits including a proposed realignment at Monterey
Street to connect with Leavesley Road.
Oddfellows Avenue from Forest Street to Murray Avenue.
AND BE IT FURT'ifER RESOLVED:
That the State of California, Department of Public Works,
is here by requested to approve the addition of the above
described streets to the Major City Street System.
AND BE IT FURTHER RESOLVED:
That there be withdrawn from the Major City Street Sys-
tem the following street heretofore designated as a Major
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City Street and a street of Major Importance, and that the same
no longer be a portion of the Major City Street System in the
City of Gilroy, to wit:
Forest Street from Leavesley Road to Oddfellows Avenue.
I HEREBY CERTIFY that the foregoing is a true and correct
copy of a resolution passed and adopted by the Common Council
of the City of Gilroy at an adjourned meeting held August 19,
1957, by the following vote:
AYES: Councilmen Wentworth, Rush, Sanchez, Pate, Peterson
NOES: Councilmen none
ABSENT: Councilmen Gallo
Dated: August 19, 1957
C. Milias
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G.B. Carr
City Clerk
Councilman Rush, chairman of the Fire committee, reports on
the matter of the Fire Department employees. Councilman Rush in-
structs the City Attorney to draw up the necessary ordinance con-
cerning the six months probation period salary, the salary after
the probation period, and the uniform allowance.
Councilman Pate reports that the school district is ready to
begin the road work on Murray Avenue. He states that the school
district will put on the base rock and it is the City's obligation
to put on the screenings and the heavy oil. All Councilmen agree
in the affirmative as to the City's obligation on this project.
The City Engineer States that the school will be having a meeting
concerning this subject. Councilman Pate agrees to attend.
Motion by Councilman Rush, second by Council man Wentworth
and carried that George Brooks be hired as a regular fireman in-
cluding uniform allowance as of Au~ust 1, 1957.
The City Attorney explains the Miller and Lux agreement,
stating that the Miller and Lux heirs will lease the five acre
property, bounded by Carmel, Princevalle, and Second Streets, to
the City of Gilroy for one dollar a year plus payment for the taxes
on the property. The City Attorney states that this lease will
be in effect until such time when death of the heirs terminates
the agreement. The City Attorney agrees to accept the agreement
as there are no errors or flaws to the best of his knowledge.
Motion by Councilman Peterson, second by councilman Went-
worth and carried that the City of Gilroy accept the Miller and
Lux agreement and enter into contract with the heirs.
Councilman Petersen reports that Mr. W.E. Jordan agrees to fill
the place of the member of the Parking Committee left vacant by
the death of J. W. Jepsen.
Motion by Councilman Petersen, second by Councilman Sanchez
and carried that W.E. Jordan take the place of J. W. Jepsen as mem-
ber of the Parking Committee concerning available lots in the City
for possible parking lots.
A communication from the City Planning Commission is read con-
cerning the study and recommendation on future width line for the
extension of Church Street and the rerouting and widening of Wel-
burn-Avenue from Monterey Street to the Miller Slough. This letter
is referred to the Street Committee for further study and is to be
brought up at the next meeting. ,-n
Epplications for alcoholic beverage licenses fO~1sale of beer
at Pacific Cafe, Central Bar, and off-sale of beer and wine at Model
Market are read. All Councilman have no objection to these applica-
tions.
Tnere being no further business ,this Council meeting is adjourned.
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City C erk
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