Minutes 1943/08/02
713
Gilroy,California.
August 2,1943.
This regular monthly meeting of the Common Council is called to
order by His Honor Mayor George C.Milias,Jr.
Present:Councilmen George M.Mason,Nat Heiner,J.H.Wentworth,David V.
Stout. Absent:Councilmen George A.Martin,James Battersby.
Minutes of the meeting of July 6th and minutes of the meetings of
the Board of Equalizatiqp ,July 19th,26th and 2?th,1943 were read and
approved.
The annual report of the Gilroy Free Public Library Board was presented
and read.
Motion by Councilman Stout, seconded by Councilman Wen.worth and
oarried that the report of the LibR..y Board be accepted as read and
placed on file.
714
A oommunioation is read from Ed.Warren offering to decorate Monterey
Street from Second Street to Seventh Street on the occasion of the
observance of the ...rding of the Army Navy "E" to the C.B.Gentry plant,
far}'lhe.sum of $75.00. Jr:; I::"
Motion by Councilman Stout, seconded by Councilman Wentworth and
carried that the city 8.a~ept the e:ttferro~7Br.Ed. Warren. to 480.01"8'\.
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Monterey Street from Second Street to Seventh Street in order/that the
awarding of the Army Navy "E" to the C.B.Gentry plant may be properly
observed, the work to be awarded on the bidiof $75.00
The Mayor instruots the Clerk to send a telegram to Ed.Warren
advising him that the Council had accepted his bid; that the decor-
ations shall be first class and must be in plaoe by Saturday noon,
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August 7th.
The City Attorney disousses a resolution asking that a ~mpo;ar,u
meat quota be established for Borelli Brothers for their slaughterip$
plant located southeast of the oity, the resolution to urge the estab-
lishment or a permanent quota at the earliest possible date.
Motion by Councilman Stout, seconded by Counoilman Wentworth ~ndt
barried that the City Attorney be instructed to draw up a resolution
requesting a quota for Borelli Brothers slaughter house and thatthe --
Mayor and the City Clerk be instructed to sign the same. __
The monthly report of the Health Officer is presented and read
and ordered placed on file.
A communication is read from Mr.William G.Werner,publisher of the
Gilroy Evening Dispatch, asking that the city take a one page add
in the Centennial edition of the DispatCh to be pUblished in September,
1943, the cost to be $100.00~
Motion by Vouncilman Simut; seconded by Councilman Heiner ~d carried
that the oity purchase a page in the Centennial edition of the Gilroy
Evening Dispatch, for the summ of $100.00.
A communication is read from the Gilroy Chamber of Commeroe asking
that the city purohase a number of wreathfra~s,~BSd in decorating
Monterey Street at Christmas, from Mrs. Ivy Bolton, for the sum or
$50.00,
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Motion by Councilman stout, seconded by Councilman Mason and carried
that the city purchase the Christmas wreath frames from Mrs.Ivr
Bolton for the sum of $50.00.
A communication is read fram Night Officer Ernest Barozzi asking
that the be permitted to take his annual vacation saarting August 3rd
and ending August 18th. Nor' objection is made.
715
A communication is read from Mrs.H.Thompson p.bt6~t1hgtagainst
higher taxes. No aotion is ta~n.
A communication is read from Logan and Frazer, certified public
accountants, offering to renew their contract for auditillg the city
books for the SUDlll of $200.00 per annum.
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Motion by Councilman Stout, seconded by Councilman Heiner and carried
that Logan and ~raaer, oertified public accountants, American Trust
Building, San Jose,California, be awarded the contract to audit the
city's books and records for the fiscal year 1945-lg44, for the sum
of $200.00 per annum, under the following co nd it ions: that they audit
the city reoords quarterly;present an annual report to the Honorable
Mayor and the Common Council; to meet with the Council at their dls-
cretion; advise the Council and city officers in matters of accounting
pertaining to city business.
The annual report of the City Auditors, Logan and Frazer, is presented
and read.
Motion by Councilman Heiner, seconded by Councilman Wentworth and
carried that the report of the City AUditors, Logan and Frazer, for
the fiscal year 1942-1943, be accepted as read and placed on file.
r: The Mayor now commends the Council committees tor their work during
the past fiscal year which resulted in a sizable surplus in the city
treasury.
A resolution providing for the administtation of the Current Tax
Payment Act of 1943, is presented and read.
Motion by Councilman Stout, seconded by Councilman Mason that
Resolution No.l58 be adopted:
RES 0 L UTI 0 N
N O. 138
RESOLUTION PROVIDING FOR 'lIRE ADMINISTRATION
OF THE CURRENT TAX PAYMENT ACT OF 1943.
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WHEREAS, the Current Tax Payment Act of 1943 provides
for the collection of income taxes at the source by employers;
arid#
WHEREAS# municipal employees are subject to the tax,
and municipalities are made withholding agents and required to
withhold such tax and to return and pay over the proceeds thereof
to the Federal Government; and,
VffiEREAS, the withholding applies to all wages paid on
or after July 1, 1943, except wages paid during the calendar year
1943 with respect to a payroll period beginning before July 1, 1943j
~nd,
WHEREAS, deductions, at the option of the employer, may
be computed on the wages paid at any payroL1 period, or upon the.
basis of wage bracket withholding tables eet forth in Section 1622
(c) (1) of the Act; NOW, THEREFORE:
716
The Common Council of the City of Gilroy does hereby
resolve as follows:
That.. beginning with the first payroll period commencing
after July 1.. 1943.. and on every payrool thereafter.. the City Clerk
is hereby authorized and direct to deduct and withhold from the
wages or salary paid to each officer or employee of the City the
amount required by the Current Tax Payment Act of 1943 based on
a tax equal to the greater of the following: (1) 20 per centum of
the excess of each payment of such wages over the family status
withholding exemption allowable under sub~tion (b) (I) (A) of the
Act.. or (2) 3 per centum of the excess of each payment of such
wages over the Victory tax withholding exemption allowable under
subsection (b) (I) (B) of the Act.
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The City Clerk 'a't the time of making up the payroll or
immediately thereafter, shall transfer fhe monies deducted therefrom
under the provisions of this resolution to the City Treasurer~or
deposit in a separate account in the Bank of America National Trust
& Savings Association.. a corporation.. Gilroy Branch.. Gilroy.. California..
designated u+ncome Tax Account, held for the benefit of the Commissioner
of Internal hevenue.u The monies accumulated from such withholdings
shall ~e paid by the City Treasurer to the United States Collection
of Internal Revenue for the District in which this City is located
on or before the last day of the month fOllowing the close of each
~uarter of the calendar year, or where the withholding is more than
~100.00 a month, within ten days after the close of each calendar
month.
On or before January 31 of each year subsequent to 1943..
or when the l~st payment of wages is made, if employment is terminated
before the close of the calendar year, the City Clerk shall furnish
to each employee with respect to his employment during the calendar
year.. a written statement showing the wages paid to him for the
period covered and the amount of the tax withheld and paid in respect
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to such wages. A duplicate of such statement shall be made and..
filed in accordance with regulations prescribed by the Commissioner
of Internal Revenue. The aforesaid officer shall keep such records
and make such reports to the Commissioner of Internal Revenue of
wages paid and the tax collected and paid with respect thereto as
the Commissioner may require and prescribe under the provisi~s.of
said Act. '~\'.
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The taxes to be withheld and collected under this resolution
shall not apply to any taxable year commencing after the date of
cessation of hostilities in the present war and the account established
for the receiving of the tax funds hereunder shall be closed with the
last payment of the funds withheld to the Federal Government.
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ADOPTED AND PASSED this 2nd day of
by the following votes:
A.U&,Ul'lt
.. 1943,
AYES:
Councilmen:George M.Mason,Nat Heiner,J.H.Wentworth,
David V.Stout.
NOES:
Councilmen: None
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ABSilliT: Councilmen:George A.Martin,James Battersby.
:Mayor
t:-
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Attest:
G.~. (Soy;
City Clerk:
717
A Memorandum of Agreement for Expenditure of i Cent Gas Tax for
state Highways is presented and read.
Motion by Councilman Wentworth, seconded by Councilman Stout that
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RESOLUTION NO. 139 be adopted.
RESOLUTttON NO.139
RESOLUT ION OF THE COMMON COUNCIL OF THE CITY OF
GILROY APPROVING MEMORANDUM OF AGREEMENT FOR EXlENDITURE
OF 1/4 CENT GAS TAX ALLOCATED FOR STATE HIGHWAYS.
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WHEREAS, the State of California, through its Department of Public
Works, Division of Highways, has presented a memorandum of agreement
in accordance with a project statement submitted by the City for Mxpend-
iture of the l/4 cent gas tax for the 1943-45 biennium allocated for
State highways in the City of Gilroy; and
VHEREAS, the Common Counci~ has heard read said agreement in full
and is familiar with the contents thereof;
THEREFORE, be it resolved by the Common Council of the City of Gilroy
that said agreement for expenditure of the l/4 cent gas tax allocated
for State highways be and the same is hereby approved and the Mayor
and the City Clerk are directed to sign tLe same on behalf of the City.
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Adopted and ~assed this 2nd day of August, lm&So, by the following
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VQte:
AYES:
Councilmen George M.Mason,Nat Heiner,J.H.Wentworth,David V.
Stout.
NOES:
Councilmen None
ABSENT: Councilmen George A.Martin,James Battersby.
e.
A tt~t:
J~\~
City Clerk.
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A transfer of liquor license from Elvezio Minotti, 81 S.Monterey
Street~to Tomas V.Rios, is presented. No objeotion is made.
Councilman w.ntworth discusses a request from a Mr.Lemos~who resides
outside the city limits on the Pacheco Pass Road, to connect with the
the city's outfall sewer line. No action is taken on this matter.
The Mayor statesthe Coast Counties Gas and Electric Company has
presented a check in the amountof $202.50 to cover cost of advertising
718
for a franchise and asks for discussion as tOt,tbeQ.dvlsibility of
asking the company to refund the $250.00 paid by the city for attorney's
fee s .
The Clerk is instruoted to notify the Cpast Counties Gas and Electric
Company that they should refund the $250.00 paid by the city for
attorney's fees as the company
initiated the move to obtain a new
franchise.
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The Mayor discusses the use of fire hydrants by the Army to secure
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water for washing their vehicles and states that the Army has agreed
to furnish material and labor to place a tap on the property leased by
them if the city will tap the line on Carmel Street.
Councilman Mason is instructed to oontact the local Army authorities
and make arrangements for tapping the Carmel Street .ater line.
The Mayor now discusses the placing of ~ memorial tablet or suitable
monument for Gilroy men who are killed in action or diecin the service
in World War II. The Mayor also states that the city will receive
$500.00 from the Estatt of Carrie Rea and ~ggests us!ng this money
to purchase and erect a memorial tablet in front of Wheeler Civic
Auditorium.
It is unanimously agreed that the money received from the Estate
of Carrie Rea shall be earmarked and used for the purpose of
erecting a suitable memorial for those men from Gilroy who make the
supreme sacrifice in World War II,the Building & Grounds Committee
to investigate and submit recommendations to the Council.
The City Clerk now presents 'igures from the 1943-l944 Assessment
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Roll.
Motion by Counoilman Heiner, seconded by Councilman Stout and
carried that the Assessment Roll as prepared by the City Clerk and
Ex-officio Assessor, for 1943-l944, be accepted.
Discussion is now had on figures of proppsed~ expenditures for the
fiscal year 1943-l944.
Mr.William Werner now pppears before the Council to discuss the
setting aside of a certain sum of money each year to be used to ~
purchase land for new industries.
Motion by Councilman Heiner, seconded by Councilman Wentworth and
carried that the tax rate for 1945-1944 be $l.OO on the $lOO.OO of
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assessed valuation, distributed as follows:
Water Works Irilpro,.e1ieji't~;Bonds of 1925
Sewage DisposiJ.;:lmp.JoveMnt lJonds of 1927
MuniCipal Audftaeium Bonds ot 1940
Library Fund
General Fund
Total
",'.~1500
,,'~2200
.0800
.1100
.4400
"1.0000
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71B
Mr.Herbert Sheldon now appears before the Council to urge the
passage of a resolution on the exclusion of Japanese from the City
of Gilroy.
RESOLUTION NO. 140 is presented and read.
Motion by Councilman Stout, seconded by Councilman Wentworth that
~SOLUTION NO. 140 be adopted:
J E SOL UTI 0 N
NO. 140
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BE IT RESOLVED by the Mayor and Common Council of the City
of Gilroy, County of Santa Clara, State of California, as follows,
to wit:
Tha:t all persons of Japanese Ancestry be now and forever
hereafter excluded from the said City of Gilroy.
AlX>PTED AND PASSED this 2nd day of August, 1943, by
the following votes:
AYES: Councilmen:Qeorge M.Mason,Nat Helner,J.H. Wentworth,
David V.Stout.
NOES: Councilmen:None
ABSENT: Councilmen: Gemr8& A.Martin,James Battersby.
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Attest:
... (3, ~.@~
ity Clerk
The matter of certain buildings on south Eigleberry Street between
Ninth and Tenth streets is discussed. No action is taroan.
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The reports of city officers are presented and read.
Motion by Councilman Stout, seconded by Counoilman Heiner and carried
that the reports of the city officers be accepted as read and placed
on file.
Motion by Councilman stout, seconded by Councilman Heiner and carried
that bills as presented be allowed and warrants ordered drawn on the
the Treasurer.
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720
RESOLUTION NO. 14l is presented.
Motion by Counoilman Stout, seconded by Councilman Wentworth that
RESOLUTION NO.141 be adopted.
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RES 0 L UTI 0 N NO. 141
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BE IT RESOLVED by the Mayor.. and Cormnon Council of
the City of Gilroy, at regular s.lsion assembled, that:
i'I1e 1Ia7or aoo Common Counc1l of the .dd C1t7 of '0
Gilroy believ., and are of the opinion that the Citizenry in
.. general of Gilroy and the surrounding farm area, and the War.. ;.
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Effort in particular, would be materially benefitted it Frank
BerellLwas granted a Quota, first temporary and then permanent,
according to the capacity of his slaughter house, located near
Gilroy, Santa Clara County, California.
ADOPTED AND PASSED this 2nd day of A.uiPlst
by the following votes:
AYES: Councilmen: George M.Mason,Nat He iner ,J.H.
Wentworth,David v.Stout.
. 1943,
NOES: Councilmen: None
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ABSENT: Councilmen: George A.
in,James Battersby. I ..
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Attest:
'. . CS,~~~
Ui ty. Clerk .
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Adjourned subject to the
.. call of the chair.
G. ~ .C2~
City Clerk.
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