Minutes 1957/10/07
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1868
October 7, 1957
Gilroy, California
This regular monthly meeting of the Common Council is called to order by His
Honor J:ayor Geor:o:e C. tIilias.
Present: C01mcilmen Carl ',,[. Pate, Kenneth L. Petersen, Sig Sanchez, and Charles
Gallo.
Absent~ Councilmen Everett C. Wenhlorth and Courtland jii. Rush.
The Hayor nml asks if all Councilmen have received copies of the minutes of the
re:7,Ul~r monthly meeting of September Jrd, the special meeting of September 11th,
and the regular adjourned meeting of September 16th.
All Councilmen anSi-Ier in the affirmative.
The llayor nml asks if there are an;? errors or omissions in the minutes as pre-
sented.
No errors 0;" omissions are noted.
The i<ayor nml declares the minutes of the regular monthly meeting of September
Jrd, the special meeting of September 11th, and the regulsr adjourned m'eting of
September 16th, 1957 approved.
A cornnunication fro:r:l '..J. J. Hanna, Cit;)T Engineer is read regarding his final in-
spection on the work done on the Fifth Street Storm Drain by Hilliam Radtke P: Son
under the teems of their contract with the Cit;' of Gilroy. The City Engineer re-
commends in his letter that a payment of 11,460.81 be made as the work is completed
in accordance lJith the plans and specifications and authorized changes. Votion by
Cmmdlman Pate, second by COlmcilman Petersen and carried that this payment of
:1,460.81 be made to Um. Radtke and Son.
A cOY'iF'unication fro"" the Gilroy Junior Chamber of Commerce is read requesting
permis:3ion for a Hallov18en Parade on October 31st and to use the 1Jheeler Auditorium
after the parade.
l'otion by Councilman Petersen, second by Councilman Sanchez and carried that the
Gilroy Juhior Chamber of Co:rmnerce be granted permission for the HallmJlil'en Parade
and to use the '"Jheeler Auditorium after the parade on October 31, 1957, free of
char ge .
The Cit;;r Clerk nOvl reports thpt Hr. H. R. Eschenb1Jrg, City Treasurer, has re-
quested thrt the City give an old retired bond series to the Library for a museum
piece.
Notion by Councilman Sanchez, second by Councilman Petersen and carried to give
the old bond series as recom..mended by the City Trea::mrcr to the 8ilro;v Public
Library for a museum piece.
A communication fro1'l the Public Utilities COPL"!1ission is read giving notice of a
hearing vrith Pacific Gas and Electric Company on November 7th at 10: 00 A. E., re-
garding a proposed increllse in gas and electricity rates.
liotion by Councilman ate, second by 60uncilman Gallo, and carried tb t the no-
tice be filed and that the Council go 0); record as being unfavorable to a raise in
the gas and electricity rates in the City of Gilroy.
A communication from Piombo Construction Coml~ny is read regarding their with-
drawing their offer for installing a 160 ft. pipe at Uvas Dam because the Hork has
proceeded beyond the sta'.e uhere this line could be installed by them for the price
quoted on July lIth. The letter is ordered to be placed on file.
A com'lunication from TJ. J. Hanna and Son is read regarding the abanc10nnent o::n a
portion of certain Streets in the Sherwood Park subdivision.
The l~ayor now asks the Oity Engineer to explain the map on the abandonment pro-'
ceedings.
Eotion by Councilman Sanchez, second by Councilman Pate and carried that the pro-
posed abandonment of a'ortion of certain Streets in the Sher\wod Park subdivision
be referred to the Planning Commissi0~ for study and recomc~ndation.
A cOIDl'1unication from the Gilroy Chamber of Com'erce requestinG closing of a por-
tion of Sixth Street for the COID~llnity Fair is read. '
Eotion by Councilman Pate, second Ly Councilman Gallo and carried that the clo-
sing of Sixth Street betvJeen Chl1rch and Rosanna streets on October 19th and 20th
for the Community Fair be granted to the Gilroy Chamber of Coml1.erce.
A notice f~ the Gilro;' Public Schools showing the increased hours for Frank
Kritser, school cros:sing guard is read. Tro City Clerk states that Hr. Kritser
agrees to \-lork for /:;120.00. The matter is referred to the Finance Committee until
the next meeting.
At this ti~e there is some discussi8n on the possibility of installing an auto-
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matic traffic st09 light at this crossing on the corner of First and Hanna Streets.
No action is taken.
A communication "lith a proposed resolution attached, fron: Hr. R. C. Stock-
man regarding the filing of a report on the proposed enlargement of the sewer
plant with the Hater Pollution Board is read. Action on this communication is
deferred until a meeting ",hen Councilman Hent"lOrth, Chairnan of the Se"Jer Com-
mittee, is present.
The problem of the disposal 0: garden refuse is discussed briefly and left
in the hands of the Street Co~nittee for further recomTnendation.
At this time Councilman Sanchez suggests that the Street COIllI'littee inform
the property owners in the area of the future plan line for the extension of
Church Stecet to the Northern City Limits, of this plan before passing the Re-
solution on the future plan lir,e. Co',ncilman Pate, chairman of the Street Com-
mittee states that he "rill notify the residents in this area and will rep"rt
to the C01mcil at the next regular adjourned meeting.
Resolution No. 448 is presented by the City Attorney. Yotion by C"ui'cilan
Pate, second by Councilman Petersen that Resolution No. l..48 be adopted.
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Resolution No. 4Lt8
WHEREAS, the City of Gilroy and STUm:ITZ G]EENE CORPORATION, a corporation,
of Adrian, liichigan, have entered iT' negotiations for the sale to said corpor-
ation of a a ly,rtion of the premises located on Casey Lane in the City of Gilroy,
generally known as the Gymkhana Grounds, and the said Stubnitz Greene Corpor-
ation has heretofore submitted to the City of Gilroy an agreement covering the
purchase of the said premises and said agreement was approved by the Common
Council of the City of Gilroy with the exception of the seventh paragraph or
section; and
WHEREAS, the City of Gilroy did heretofore and on the 11 day of September,
1957 adopt Resolution No.~approving the said agreement and authorizing the
l!ayor of the City of Gilroy to execute the same if and when said paragraph 7
"JaS modified and changed as in said Resolution provided; and
l^lHEilliAS, the said Stubnitz Greene Corporation has declined to accept the
proposed modification of the aforesaid paragrapt or section 7, but has request-
ed the City of Gilroy to execute this agreement as it was ,.[I'itten except as
hereinafter set forth; and
HHLTlliAS, the Common Council of the City of Gilroy has reconsidered the matter
of the changing or modificaticn of said paragraph or section 7 of said prop"sed
agreement and has determined that there is no necessity for said modification
or change, and that the said ao;ree:nent should be executed by the City of Gnroy;
and
!/JHER1..'~S, the City of Gilroy has requested that there be included in the said
contract a section to be known as paragraph 7-a. to read as follows:
( 7-a) The provisions of paragraph (7) above shall not effect any pro-
vision of paragraph (9) hereinafter set forth.
and it appears that the words IIParty of the first part" as set forth on the
fourth line of the second paragraph of the fifth section of the said agreement
should be "party of the second part" and the said Stubnitz Greene Corporation
has agreed to the aforesaid changes;
Now , The ref 0 r c , BE IT HESOLVED by the Co~~on Council of the City
of Gilroy that the said Resolution No. ~adopted on the said 11 day of Septen,-
ber, 1957 be and the same is hereby rescinded and declared of no effect; and
BE IT FURTHEE RESOLVE;D that the provision hereinbefore designated as section
7-a. be and the same shall be included in and become a pert of the aforesaid
agreement, and the said woro.s "party of the first part" on the fourth Jine of
the second paragraph in section 5 shall be chenged to read "party 'Of the se-
cond part,1I and that ,.Jith the said changes, the said agreement shall be executed
on behalf of the City of Gilroy as heretofore presented.
PASSED AND ADOPTED TiTIS 7 day of October, 1957 by the foUoHing vote:
AYES: COUNCIU<EN Pate, Sanchez, Gallo, Petersen
NOES: CCUNCIUEN none
ABSENT: COUNCIIJEN Rush, 1,1entworth
'.,.,,,,,.,,..
Mayor
ATTEST:
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/12/3 CaIV/
G. B. CA:i3R, City Clerk
The City Attorney now presents and reads Ordinance No. 561. t!otion by
Councilman Sanchez, second by Councilman Pate that Ordinanced ~10. 561 be adopted:
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Ordinance No. 561
AN ORDINANCE OF THE CITY OF GILROY ALENDING SrBDIvIsroES (A), (C) AtJD (F) OF SEC-
TION 5 OF ORDINANCE NO. 479 OF SAID C:::7Y ESTABLISHnrG THE OFFICE OF WATE;3. COLLEC~
TOR , PROVIDING FO=1 THE DUTIES THEREOF AND ESTABLISTnrG REGULATFJ';S, RULES, illiTES,
CHARGES, FEES, SERVICES AND PENALTIES FOR TEE USE OF HATER SUPPLIED BY OR THRCUGE
THE l'JATER DEPARI'VENT OF THE CITY OF GURCY BY INCii.EASING THE RATES AND CHARGES FOn
'ETERED Arm UNIETEElliD 1,.1ATER:
ADO?I'ED and PASSED this 7 day of Octob8r, 1957 by the following vote:
AYES: Councilmen Pate, Sanchez, Petersen, Gallo
1..:OES: Councilmen None
ABSENT: Councilmen Rush, Hentworth
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A ppn.oVED :
ATTEST:
Fayor
Ad3 (> II~A/
City Clerk
Resolution No. L.49 is presented by the City Attorney. Fotion by C01.mcilrBn
Sanchez, second by Councilman Gallo that Resolution No. 4L+9 be adoptea.
Resolution Ho. 449
il.ESOLUTION NO .~ACCEPTING PL~B.FOPJ"J-\.NCE OF CCETRACT DATED AP=-lIL 14, 1949, EN-
TEHED INTO BETHEEN vI. R. HOHSCN, J. H. FIOHSOr AND UILLIAl: F. HALL, EDITH 1. HALL
AND THE CITY OF GILRCY
HHEP..EAS, the City of Gilroy entered into a written contract on the 14th da:;r
of April, 1949, with vJ. R. Howson and Frances Ne.. Howson, his w~fE;, J. Y. Howson
and Linnie F. Howson, his wife, and Willaim F. . all and Edith I. Hall, his wife,
in which said named individuals agreed to grade and gravel the streets and alleys
then not a part of the accepted streets and alleys of the City of Gilroy includ-
ed \.Jithin and shown upon the }Tap of the sub-division known as GLENVIEVJ TRACT,
the same being how as Tract No. 626, and to furnish and install curbs, gutters
and sidewalks all according to the grade fixed by the city engineers, and in ac-
cordance with the usual requirements of the City of Gilroy, and did furnish a
surety bond executed by the Glens Falls Indemnit;y Company in the :~)enaJ sum of
:~7, 500 .00 to secure the performance of said agreement.
AND HHEREAS, said contract has been fully performed b:,r said obligors and no-
thing remains to be done by them thereunder.
NOH THEH.l-SFORE, be it resolved by the Common Council of the City of Gilroy
that said contract has been fully completed and performed by the said ;,1. R. How-
son and Frances N. Howson, his wife, J. }~. Howson and Linnie F. ,Howson, his wife,
and the said Glens Falls Indermity Company, surety on the aforesaid bond is here-
by exonerated and dischar::;ed from all liability thereunder.
ADO TED end PASSE;D this 7 day of October, 1957, by the follo\oTing vote:
AYES: Councilmen Pate, Sanchez, Petersen, Gallo
NOES: CcunciJmen l"lone
ABSENT: Councilmen Rush, Hent\.Jorth
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APPitOVED
J\ TrEST:
Hayor
.iUJ (t tVW
Ci ty Clerk
The matter of the prop0sed City Employee's Retirement plan is to be brour'"ht up
at a future meeting as it is still being studied.
C0unci1man Sanchez rep0rts that the swirru"T'ing pool project is making good pro-
gress.
Councilman Pate suggests that the P. g. R. C3pital Improvecent Fimd be used
for the swimrdng pool expenses until the fund is exhausted. All Councilmen
present are in agreement with the suggestion.
Motion by Councilman Sanchez, second by Councilman Pate and carried th&t the
Building Inspector, Byron Brown, obtain change orders for changing the location
of two zates at the swimming pool so that the City's fire trucks can ~ave en-
trance for tests, as required by the Board of Fire Lnderwriters.
The City 'Attorney presents and reads Ordinance No. 562. Hotion by Councilman
Pate, sec,-,nd by Councilman Petersen that Ordinance No. 562 be adopted:
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Ordinance lTo. 562
AN CRDN.LJ'JCE ESTABLISHn:G prBIIC OFF-STREET PA3.KIE-:; LCTS IE THE CITY OF GIU1.oy:
PliESC:UBING liEGUUTICrSRELATIV:C TO THP.FFIC ;'OVEl'ENT fiND PARKING OF VEHICLES TIEl\.: -
..:rl,: AND PENALTIES FOR THE VIOIJ,TICNS OF THE PHOVISICrS THKtEOF.
1871
ADOPTED
A YES:
NOES:
ABSENT:
and PASSED this 7th day of October, 1957, by the follmJing vote:
Councilmen Pate, Sanchez, Calla, Petersen
Councilmen none
C01Jncilmen Rush, Henh.Jorth
APPEOVED
ATTEST:
M(!~."
City Clerk
~
Resolution No. 450 is presented by the City Attorney. 11otion by Councilman
Sanchez, second by Councilman Petersen that Resolution No. 450 be adopted.
Resolution No. 450
RESOLUTION FO. 450 OF THE COF:Or COUNCIL OF' THE CITY OF GILROY DESlm~ATING
A CER1'A~N DESCRIBED AREA IN Sf.ID CITY AS A PUBLIC OFF-STREET PARKING LOT AND PHE-
SCRIBING REGULATICrllS THEREFOR AND SIGNS, NOTICES AND OTHER DESIGNATIONS TO BE
GIVEN, EIlliCTED 03. OEIKUISE PllOVIDED Fon. OR n: RELATION TO SAID LOT.
l.JIIEJ.YAS, the Common C::!Uncil of the City of Gilroy has adopted Ordinance
No. 562 entitled "AN OJDINAFCE ESTA3LISHING pum IC OFF-STHEE:T PARKDTG LOTS D'
THE CITY OF GILli.CY: P'ESCRIBIEG'1EGFlkTICnS 1SLATIVE TO Trrf..FFIC '0'1]] :EITT Aim
PArlli:ING OF VDUCLES TEEJI:m LED Pj]~ALTES FO") THE VICUTIcns OF T:lE P:tOVISICTTS
TI-IJ~,:Ej'2~Ol~tf .
_.J
AND llEIQEAS, said City Gilroy has heretofore acquired and now O"l,lnS those cer-
tain prec'ises situated in the City of Gilroy described as follows:
Those certain premises situated in the City of Gilroy located
along the easterly side of Lonterey street bounded or the
smlth by the American Trust Corrpany premises and on the north
by the prerrises occupied by the J. C. Penney Coc'pany store
and extcJnding frorr the easterlJr line of l'onterey Street in an
easterly direction to the ilesterly line of the alley running
alonp; and im'rediately '.Jest of the westerly boundary line of
the right of way of the Soutl'ern Pacific Hailroad Corpany.
AND \JHEREAS, said Ordinance No. 562 provides that the Common Council shaH
designate the areas that shaH be Pllblic off-street parking lots and shaH pre-
scribe reg"ulati:ns therefor, and the said Comm,on Cmmeil believes that it vJill
be in the Pllblie interest and for the public benefit that said above descrihed
premises be designated and used as a public off-street parking lot in said City.
NOH THE:EFO'1.E, be it resolved and it is hereby ordered:
FIRST: That the said area above particularly described be and the same is
hereby designated and extablished as a public off-street parking lot.
SECOND: That the foHowing regulations be and the same are hereb;y pre-
scribed for the use and control of said public off-street parking lot.
1. Two signs shall be erected and maintained at the Northwest Corner of t~e
Lot. On one sign shall be the follovlng in easily read words "ll1JNICIPAL PAIlli:-
ING LOT," and beneath this sign shall be I)laced and maintained another contain-
ing the folloilinG "2 HOUR PAI\KING FHOl: 8:00 A.l/. TO 6:00 P.lf." The ComFon
COl;ncil does hereb;y orde~ thnt no person shall stop, stand or park any vehicle
in the said public off-street parking lot between t: 00 A .r". and 6: 00 P .r,". on any
day for a period of time lon;:;er than t"l,lQ hours.
2. At the place of entrance to sa id lot shall be marked and kept mar}.~ed on
the pavement in large letters ":E:NTRANCE" and at the place of exit there shall
be marked on the pavement in similar sized letters "EXIT.II Directional si~ns
consisting of arrO\lS painted on the pavement shall be provided sho"l,ling the di-
rection from the said entrance to the exit that traffic upon the lot shall follow:
In addition, a directional sign shal] be erected at the recess angle of the lot
along its easterly side having tl1ereon "TO r:XIT" with an arrow pninting in the
direction traffic shall follow to the exit.
At the north end of the exit there shall be erected and maintained a sign
having thereon "NO LEFT HAND TURN" plainly visible to those about to leave the
lot and at the south end of the said exit another sign having thereon "DO NOT
ENTERII plainly visible to tr.ose operating vehicles down said al1e;v in a s011ther-
ly direction.
3. There shall be marked off with "hite paint upon said lot diagonal or
angle parking spaces for as many cars as can properly be parked at one tirre.
4. The Chief Administrative officer of the City of Gilroy shall cause the
said public off-street lot to be divided into parkinG spaces as herein required
and the sis'TIS to be erected and rraintained and '11arkin:'s made as t,erein specified.
5. Until otherwise ordored by the Com;on Council, no charge shall be made
for parking vehicles in said p1Jblic off-street pErking lot.
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PASSED
AYES:
l'TCES:
and ADO,'TED this 7th day of October, 1957, by
Councilmen Pate, Sanchez, Gallo, Petersen
Councilmen none
Councilmen Rush, Hent"lOrth
the follovTing vote:
l.BSI~rT :
ATTEST:
lid '
,// , C'~
City Clerk
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l~ayor
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The City Attorney presents and reads Ordinance 563. Notion by Councilman
Petersen, second by COl.Jncilm2.r Pate that Urdinance No. 563 be adopted:
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Ordinance No. .563_
AN OIIDINANCE OF THE CITY OF GILROY AHI:NDING SUBSECTICr: 2 of SECTIeN t;9 OF
ORDINANCE EO. 480, GENERALLY IU:m! AS THE T:1AFFIC OHDIJ':ANCE, BY CHM:CINS THE
DIRECTION OF THAFFIC or THE ALLEY ALONG THE HESTEHLY SIDE O:~ THE SC'FTITEHN
PACIFIC Rl"IUJAY CCI.'PMIY'.S HIGHT OF HAY FIl.Or- ]'AJ:TI" STm~ET TO L:l!IS'TRELT, A
OEE-HAY AI ,LEY .
ADOFTED and PASSED this 7 day of October, 1957, by the fol1ovling votes:
AYES: COFNCIU'EN: PC"te, Sanchez, Petersen, & Gallo
rOES: COT;rTCIIJ'I;'T: None
ABSENT: CODrJCIlIT,U: Rush, Henhrorth
ATTE')T:
;;ayor
iv3~_______
s. B. CA&q, City Clerk
Resolution No. 451 concerning the acceptance of a deed form Hirasaki Co.
for property dedicated for Alexander Street is presented by the City Attorney.
r<otion by Councilman Sanchez, second by Councilman Gallo that Resolution No.
451 be adopted.
Resolution No. 45~
BE IT RESOLVED that the City of Gilro;c accepts the attached Deed and consents
to its recordation.
PASSED and ADOFTED this 7 day of October 1957 by the folJowing vote.
AYES: Councilmen Pate, Sanchez, Petersen, &: Gallo
I:OES: C01'ncilmen none
ABSElJT: Councih~en Rush, Hentworth
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l:ayor
ATTESTED:
M r~M/
G. B. CAllE?, City Clerk
Councilman Sanchez reports on the possibili t~:l of moving the City Clerk's
Office to the Hheeler Audi torhlTn. Investigation on this matter ",ill corctinue
as recommended by the C01lDci1. The Eayor instructs the City Clerk to "Jri te to
Eajor C.',;right of the National Guard and inform him that the Buildings 8..-
Grounds Comnittee of the Council would like to discuss the matter "lith him at
his early convenience.
Councilman Petersen reports that there is a possibili:ty of putting a park-
ing lot in bac].: of ke Richfield Service~Station, located at 265 r. ;.onterey
Street. This matter is referred to the t'arldng Corrrd ttee for further study.
Councilman rate reports that the No Right Turn on Red Signals located at
4th and 5th Streets at Yonterey St. and at Lewis and l/artin Streets at l'!onte-
rey Street are "Jorking out satisfactorily.
The Ilayor suggests that the red traffic signal on Vonterey St. at Old Gilro:!
street should be changed to a flashing yellow signal for the Sovth bound traf-
fic only. The City Clerk is instructed to write to the State Traffic Engineer
and see if this flashing yellmv lirrht will be permissible at the supgested lo-
cation.
Councilman Pate, Chairman of the Finance Committee suggests that we pay
Virc;-inia Cox, ",idm.,r of the former City Clerk, P. A. Coy. ,'1891. 36 for office
equipment belonging to him.
Notion by Councilman Sanchez, second by Councilman Pate, and carried that
Virginia Cox be paid ,;:',1891.36 for off.i:c8' equ,ipment no", in the clerk' s office,
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and which was the property of p. A. Cox. The Ha"or n01-! directs that no employee
purchase personal equipment for City use.
Reports of the Building Inspector, PO'lmdmaster, and Police Depart'J'ent, are
presented and read.
Yotion by Councilman Petersen, second by Councilman Sanchez, and carried that
these reports be accepted as read.
The 11a;yor instruct::: the City Clerk to notify Bert Heiss, Pounc1master to get
rid of the dogs at the corner of 6th and Railroad Streets and at the corner of
6th and Alexander Hhich are damaging propert:,>T in that area.
Reports on water sa'Tples taken b;'tr the Santa Clara County Health Departr1ent
during September are read. These reports are satisfactor;y and are ordered filed.
Applications for alcoholic beverage licenses for on-sale beer and wine at
Ha ppy Days Ca fe, and off-sale beer and wine a t ~ilroy Food li'arket are read. All
Councilmen have no ob.i ection to these applicetions.
Reports of City officers are presented and read.
Votion by Councilman Sanchez, second by Councilman Pate and carried that the
repcrts of the City Off~cers be accepted as read and placed on file.
rIotion by CO'lmcilman Pate, second by Councilman Petersen, and carried that
bills as presented be allov;ed and 1-!arrants ordered drmm on the Treasurer.
Hotion by Councilman Petersen, second by Councilman Sanchez, and carried that
this meeting adjourn to Yonday, October 21, 1957 at 8 o'clock p.m., C01mcil
Chambers, City Hall, Gilroy, California.
,Mc~v'
City Clerk