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Minutes 1948/10/04 1028 Gilroy, California October 4,1948. This regular monthly meeting of the Common Council is called to order by His Honor Mayor George C.Milias. Present:Oouncilmen George M.Mason,J.H.Wentworth,Ray L.Stevens, James B.Thomas,David V.Stout,Dale D.Daniels. Minutes of the meetings of September 7th and 20th are read and approved. ~ , ~J A comnunication is read from the Gilroy City Planning Commission calling attention to the violation of Ordinance No.422 by the owner of the property at 250 N.Princevalle Street. A communication is read from the Garbage Committee of the Gilroy Rotary Club requesting permission to place refuse disposal units on Monterey Street and asking if the city would be willing to purchase four of the eight receptacles it is proposed to instal. A communication is read from the Gilroy Chamber of Commerce endorsing the proposed widening of Monterey Street and offering. " their support and cooperat ion. A oommunication addressed to Mayor George C.Milias (each Council- man receiving a copy of the same letter) from City Marshal A.G. Goodrich, asking consideration "in regard to hiring and firing", and asking for a part time bookkeeper to take care of rec(())rds in his office amd certain changes and additions to equipment for his office, is presented and read. ..~ A report of water samples tkane by the Santa Clara County Health Department,September 15,1948, is presented and read and referred to the chairman 0 f the Wa)er Conmittee. Motion by Councilman Daniels,seconded by Councilman Thomas and carried that the City Attorney draft a letter to S.J.Merrifield, 250 N.Princevalle Street calling his attention to the violation of Ordinance No.422 :b1I umng:,;a portion of an accessory build ing on his property as a guest house. The Clerk is instructed to write a letter to the Gilroy Chamber , .J of Commerce thanking them for their offer of support and cooperation in the proposed widening of Monterey Street. The letter from the Gilroy Rotary Club garbage committee is referred to the Public Health & Safety COlDmi ttee for investigation. Motion by Councilman Stout,seconded by Councilman Stevens and carried that the J.H.Jamison Service be hired under the terms and conditions as set forth in their letter dated September 17,l948 M.._. mt"~'''; 1029 to make a thorough study or the police department~etc., for the sum or $500.00. The Clerk is instructed to notify the J.li.Jamison Service of the Council's action and request that they proceed immediately. The Clerk is instructed to advise the City Marshal that they appreciate I the offer of cooperation as set forth in his letter and to advise him that the J.H.Jamison Servioe has been retained by the city and that his cooperation with them would be appreciated. This being the time specified in a legal notice calling for bids far the resurfaoing of Firest Street from Martin Street to I.O.O.F. Avenue two bids are presented and read9as follows: John B.Paroline,Morgan Hill, California $4,958.50 Gran~te Construction Company,Watsonvit1e,California 4,773.10 These bids are now referred to the City Attorney and the City Engineer's office for study and rec ommendat ion. This being the time speoified in a legal notice calling for bids for three-fourths ton truck for the Water Department the Clerk reports that no bids have been received. A bid for a chassis for a Food Machinery Corporation High Pressure Fog Appratus from Byers Bros. is partially read and it is unanimmusly -... agreed to piliaoecthi$iIilatterciil,.:;the han.ds of the Fire Committee. Motion by Councilman Daniels,seconded by Councilman Stout and carried that the Water Committee,in the absence of any bids, be given the full authori ty to purchase a three-fourths ton truck for use of the water department. Motion by Councilman Stout,seconded by Councilman Daniels and carried that the Granite Construction Company,Watsonville,California be awarded the contract for t he resurfaCing;: of Fcbrest street from IvJa.rt in Street to I.mOO.F.Avenue on their bid of,$4,773.30 it being the lowest and best bid. A communication is read from City Engineer W.J.Hanna recommending certain payments be made to the Granite Construction Company for ,......, - resurfacing Eige Iberry Sti1eet ,Ninth Street and Carmel Street. Motion by Councilman Stout,seconded by Councilman l~son and carried that the following payments be made to the Granite Construction Company,as recaITmended by the City Engineer, for work on Carmel Street: $5,109.45 as 75% o~ the oontract amount,plus $205.39 for extra work,the balance of $l,703.l5 to be held for the statutory 35 days. Motion by Councilman Stout,seconded by Councilman StaveDS and oarried 10()O '". rt-.J t..~ that the following payments be made to the Granite Construction Company, as recoImllended by the C1 ty Engineer, for Work on Eilgel1b.erry Street and Ninth Street,as follows:from the General Fund the sum of $l546.84 as 75% of the contract amount and $458.88 as extra work,that $5l5.6l be held fojr the statuory 35 days; that the following be made frcm the Special Gas Tax Improvement Fund of $7269.21 as 75% or the contract amount and $9l5.92 as extra work,and. that the sum of $2423.07 be ... held for the statuory 35 days. -- An application for a transfer of liquor license from George M.Milias and John Radin to George M.Milias and Lillian A.Radin,ll5 S.Monterey Street is presented. No objection is m de. The Mayor states t hat the Gilroy High School has made a request to hold a,parade on Monterey Street on the afternoon,October 5th. Motion by Councilman Stout,seconded by Councilman Stevens and carried t hat the Gilroy High School be granted permission to hold a parade on Monterey Street in the afternoon of October 5th. The Clerk is instructed to notify the City Marshal about the parade. The Mayor now discusses the slum situation in certain section of the city. Motion by Councilman Daniels,seconded by Councilman Stevens and carried that the County health department, the Building Inspector and the chairman of whe Fire Committee make a survey of all buildings in the city and return recommendations to the Council. Motion by Councilman Stont,seconded by Councilman Daniels and carried that a siren be installed temporarily at Fifth and Monterey Streets. /IIIIIIII ...... Motion by Councilman Thomas,seconded by Councilman Stout and carried that the annual Firemen's banquet be held Friday,October 15th and that all city employees be notified. RESOI~TION NO. 206 is presented and read. Motion by Councilman Thomas,seconded by Councilman Daniels that RESOLUTION NO. 206 be adopted. RESOLUT ION NO. 206 ~--- ~ k+M RESOLUTION OF INTENTION TO CALL A SPECIAL ElECTION IN TERRITORY PROPOSED TO BE ANNEXED TO TIlE CITY OF GILRO'li. ~REREAS a notice of ineention to circulate a petition for the changing of the boundaries of the City of Gilroy by the annexation of certain territory adjacent thereto has been published by the proponents thereof in the manner required in the Elections Code of the State of California,and in accordance with the provisions of an Act of the Legislature of the State of Califcrnia,entitled:"An Act to provide for the alteration of the boundaries of and for the annexation of territory to municipal corporations, for the incprporation of such annexed ~>"., it._ '~ I ~ "..~'~ i -- 1031 territory in and as a part thereof, for the districting,government and municipal control o~ such annexed territory" approved Juhe lIthe, 1913,and all acts amendatory thereof and supplementary thereto,which said act is designated and referred to as the "Annexation Act of 1913"; which notive contains a description of the property proposed to be annexed to the City of Gilroy,said description being the same as that hereinafter contained,and WHEREAS the Common Council of the City of Gilroy has heretofore consented to the circulation of the said petition and the taking of annexation proceedings, and 'tv.HEREAS within 10 days of the date of publishing of said notice proponents did file a copy of the notice,accompanying statement and an affidavit of the publishing of the notice with the City Clerk of the City of GilroY,and did also thereafter and after the expiration of 21 days after the publication of the notice and statement cause to be circulated among the voters within the area propcsed to be annexed for the submission of signatures in the manner prescribed in the Elections Code, a petition for the annexation of such territory,which petition conforms to the Provisions of said Act known as the Annexation Act of 1913 as amended, and VffiEREAS it appears that the said petition has been signed by not less than one-fourth 0 f the qualified electo rs resid ing wi thin the territory described therein proposed to be annexed to the said City of Gilroy as shown by t he registration of voters of the county in which such territory is situated, and IVHEREAS the provisions of said Annexation Act of 1913 as amended and supplemented requires the City Councml upon receiving the written petition above referred to, to pass a resolution of intention to call a special election,giving at least 50 days notice thereof,and submit to the electors res idi ng in the territory propes ed by such pet ition to be annexed to such City the question of whether it shall be annexed to~ incorporated in and made a part of such municipal cprporation. NOW TFw.REFORE, be it resolved that the Common Council of the City o~ Gilroy, intends to call a special election above referred to;that the boundaries of the territory so proposed to be annexed to said City of Gilroy are situated in the County of Santa Clara,State of California1~nd are more particularly described as t~llows,to-wit: BEING a part of Ranch Lots 16 and 20 as shown on Map No.7 accompanying the report of the Referees in the Las Animas Parti t ion Suit ,Action No. 5~36 Jiacil iil' the:~uptrio'i" Court of the State of California,in and for the County of Santa Clara ,and more particularly described as follows: Beginning at the intersection of the westerly line of Princevalle Street with the Southerly line of Third Street ,being in the present westerly Corporate Limits of the City of Gilroy, and running thence along the southerly line of Third Street to the Easterly line of Miller Avenue;thence westerly across Ndller Avenue to the point of intersection of the westerly Idne of Miller Avenue with the southerly line o:tr Third Street as shown on Map entitled "Tract NO.506, Castlewood Park Unit No.l", as recorded in Book 18, at page 40,of Maps, Official Records of Santa Clara County;thence along the southerly line of Third Street N. 890 13' 30" W. 150 feet to the west erly line 0 f Castlewood Park; thence along the westerly line of Castlewood Park S. 00 46' 30" W. 928.05 fiet to the southerly line of Castlewood Park;thence along the southerly line of Castlewood Park S. 890 10'30" E. 150 feet tothe westerly line of Miller Avenue; thence continuing on t he same course 80.00 feet to the easterly line of Miller Avenue;thence along the easterly line of ~iller Ave me S.0046 '30"W. to tits intersect ion with the southerly line of Fifth Street;thence easterly along the sputherly line of ]'ifth Street to the westerly line of Princevalle 8treet;thence northerly along the westerly line of princevalle Street to the southerly line of Third Street and the point of beginning". and such territory is hereby designated as Second Western Addition to the City of Gilroy fo r the purpose 0 f ident ification by which such territory may be referred to an indicated upon the vallot to be used at the election at which the question of such annexation is submitted; and BE IT FURTHER RESOLVED and notice is hereby given that a hearing will be held before t he Common Council of the City 0 f Gilroy at the City Hall in the City of Gilroy pn the 21st day of October,1948,at the hour of 8 o'clock p.m. when and where any person owning real property within sheh territory so proposed to be annexed , and having 1.032 any obJections to the proposed annexation,may appear before such City Council and show cause why such territory should not be annexed. Passed and adopted this 4th day of October,1948,by the following vote: AYES: Councilmen George M.Mason,J.H.Wentworth,Ray L.Stevens, James B.Thomas,David V.Stout,Dale D.Daniels. NOES: Counmilmen None ABSEJl.lT: Councilmen None AP?t~ve d: /;'~-::~ ~/ (:;? . 1:: /7,/' ~ ~. /,',"{.....<:.,...~ Mayor .... Attest: G.C\:~ City Clar lIIIIIIIIII The Mayor now requests that the letter from the Gilroy City Planning Comraission recommending the annexation of Castlewood Park Unit No.1 be re-read.and the Clerk is im tructed to send a copy 0 f the letter to Mr.M.J.Filice. Mot ion by Counc ilman Stout ,seconded by Councilman Daniels and carried that the city consents to the annexation of Castlewood Park Unit No.1 in accordance with the recomrrendations set forth in the letter from the Gilroy City Planning Commission dated July 18,1948. Mr. William Werner now appears before the Counc il to discuss to prevelance of rats in certain portions of the city. The Mayor instructs .... the Public Health & Safety Committee to make an investigation of the rat situation along with the County Realth Department. ... Mr.Sandeo Hanna representing the Parent Teachers Association now appears before the cou~cil to discuss safety crossings in the vicinity of the schools. It is unanimopaly agreed that the appropriate committee of the Parents Teachers Association maM3 a survey of the cross walk situation and to send their report andx recommendations to the Couhcil. Mr.DonChesbro now appears before the Council to thank the ~ouncil for washing down Montere y Street and to discuss the propo sed wide ning of Montery Street. RESOLUTION NO. 207 is now presented and read. Motion by Councilman Stout,seconded by Councilman Daniels that RESOLUTION NO.207 be adopted: ~ RESOLmPION NO.20? I .."""'" VlliERSAS Section 2151 of the Streets and Highways Code of the State of California as added bV what is known ~s the Collier-Burns .ct of 1947 (Ch.ll,Stats.1947-lst Ex.Sess.) requires the governing body of each city to cause an annual street report to be made and f Ued Vi ith the State CDntroller,and ' ~REREAS,to conform to the requirements of the said Act,it is nec- essary that the Common Council of the City of Gilroy naDe an official of the City to carry out the duty of making and filing the said report with the State Controller, NOW,THEREFORE,be it resolved that GRAYDON CARR,the Deputy City Clerk of the City of Gilroy,be and he is hereby named and designatedas the official of said City to prepare and make the said report and to file the same with the State Controller. 1033 Passed and adopted this 4th day of October,1948,by the following vote: AYES Councilmen George M.Mason,J.H.Wentworth,Ray L.Stevens,James B.Thomas,David V.Stout,Dale D.Daniels. NOES: Councilmen Bone ABSENT: Counc i lIne n None Approves.: ">~._ .e, '? :.J;?~) /",. __.J L... Msa-yo r Attest: Q.~. ~ City Cle '. Reports 0 f the City Officer are now presen ted and read. Motion by ~ouncilInan Stout,seconded by Councilman Daniels and carried that the reports of the city officers be accepted as read and placed on file. Motion by Councilman Stout,seconded by Councilman Thomas and carried that bills as presented be allowed and warl"'ants alr'dered draw:k1\ on the Treasurer. Councilman Mason now discusses the need for a jack for the water department. Motion by Councilman Stevens,seconded by Counc ilman Daniels and carried that permission be given to the Water Department to purchase a jack. Councilman Mason discusses a salary raise for the various city employees and it unanimously agreed to discuss this matter on Monday night,October 11,1948. Adjourned s ubj ect to the aall of the chair. x G-Cv~, City Clerk ~.