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Minutes 1950/08/07 I 1185. Gilroy, California August 7,1950 In the absenoe ot Mayor George C.Milias the City Clerk oalls this ..gnlar monthly meeting o~ the Oommon Counoil to order. Present:Counailmen George M.Mason,J.H.Wentworth,James B.Thomas,David V.Stout,Dale D.Daniels,Carl W.Pate. Motion by Oouncilman Daniels ,seconded by Oouncilman stout aad oarried that Counoilman George M.Mason be Mayor pro-tem for this meeting. . Minutes of the regular monthly meeting of JUly 3,1950 and the regular adjourned meeting of July 20,1950 and Board of Equalization meetings at Julu 7oth,10th and l4th,1950 are read and approved. A oommunication is read from the Gilrqy Ohamber of Commeroe asking the Counoil to oonsider granting the ohamber $2500.00 tor the fisoal year to be used to hire a full-time male secr.tary and aid in other mat'kers , of a promot ional nature. Mr.George Kane,president of the Gilroy Chamber of Commerce now appears 'betore the Counoil to disouss the request of the chamber of oanmerce. It is unanimously agreed that the mat~er of assistance to the Gilroy Chamber of Commeroe be reterred to the Ways and Means Committee. A communication is read from the Gilroy Chapter of the Red Cross advising the Council of the membership of the major disaster ~p 1186 of the ohapter and offering their services to the community. Tlls communication is ordered tiled. A communication is read from the Public Utilities Commission relative a schedule of apportionment of cost between the railroads,Department of Public Works,Division of Highways, tor improvement,protection and main- tenance of grade crossings. This communication is ordered filed. Mr.Robert Meginnes,representing a baking company located in Watson- ville, Calif. now appears before the COUD..~l to discuss the amount of ...- license for peddlers ,Mr.Meginnes stating that his firm was contem.pla t iag a house to house delivery of bakery ..ods in Gilroy. After some dis- cussion it is unanimously agreed not to change the amount of the license. The City Clerk now presents the 1950-1951 assessment roll the roll showing the total valuation of taxable assessable property in the City of $3,720,3'0.00 not including publio utill'ies prop- ert y which is assessed by the State Eo ard of Equa l1za t ion. Motion by Councilman Pate,seconded by Councilman Stout and carried that the 1950-~951 assessment roll of the city of Gilroy as presented by the City Clerk be accepted. 'lhe City Engine~r p.restnts. pl81l8 : and specifica'tioil!S' for improvement Of';, ~armel'Str,et ~omFFi:rst Street _ to Fifth Street; Third Street from Hanna Street to Miller Avenue and Chestnut Street fram Old Gilroy Street to Lewis Street. The matter of the width of the paved portion on the proposed im- provement of Third Street tD D.~;pa1d tor '. the city is discussed and it unanimously agreed that the policy ot the past be continued, namely,that the city pave the twenty-four foot strip in the center of the street,only. Motion by Councilman Wentworth,seconded by Councilman Stout and carried that the plans and specifications presented by the City Engineer for the improvement of Carmel street frcm First Street. to Fifth Street, Third Street from Hanna Street to Miller Avenue and Chestnut Street from Old Gilroy Street to Lewis Street, be aocepted wi th the obaKe in the plans to pave the ce lIter 24 feet ot Third Street ,only, and forwarded to the Division of Highways for their approval. A map of Tract NO.725, Rea:', Subdivision NO.3, 1s presented and referred to the City Planning Commission. Motion by Councilman Stout,seconded by Councilman Daniels and carried that the sum of $66.50 be transferred from the General Fund *4~_ "4~ ...- ?,~ ...- 118'7 to the Special Gasoline Tax Fund. RESOLUTION NO.243 is presented and read. Motion by Councilman Stout,seconded by Councilman Pate that RESOLUTION NO.243 be adopted ~."'" BESOLDTION NO.243 FIXING THE TIEE ADD PLACE FOR HEARING THE REPORT AND RECCWAENDATION OF THE CITY PLANNING COr~AISSION OF THE CITY OF GILROY THAT THE ZON- ING ORDINANCE OF THE CITY OF GILROY BE AMENDED BY EXTENDING THE BOUNDARY LINES OF ZONE "Cl" DISTRICT TO INCLUDE ADD-ITION OF TERRITORY IN ZONE ttB". WHEREAS the Ci~y Planning Commission of the City of Gilroy has regularly adopted a Resolution reporting and recommending to the Common Council of the City of Gilroy that Ordinance No.422,known as the "Zoning Ordinance", of the City of Gilroy, be amended by extending the boundary lines of Zone "01" distriot to include a"- itional territory located on the City of Gilroy and now in Zone "B" District, which territory is described as follows, to-wit: Lots Nos. 9,10,11,12 and 13 in Blook 6 North Range 5 West of Loupe Addition to the City of GilroY_ Reference is hereby had to the maos and general zoning ordinance and of the said City now on file in the office of the City Clerk. And, WHEREAS the ordinances of the City of Gilroy and the laws of the State of California require that a hear ing be had before the Common Coincil of the City of Gilroy upon the said report and recommend- ation, and that a time and place be fixed for said hearing, and that due and legal notice thereof be given, NOW,THEREFORE,BE IT RESOLVED that a public hearing be had before the Common Council of the City of Gilroy upon the said report and recommendation, and that Monday the 28th day of August,1950, at the hour of 8:00 o'clock P.M. of said day at the Common Counoilroom in the City Hall in the City of Gilroy, County of Santa Clara,State of Calif- ornia, be and the same is hereby fixed as the time and plaoe of hear- ing said repor and recommendation and to aot thereupon; And, BE IT FURTHER RESOLVED that the City Clerk give notice of the said hearing in accordance with law. PASSED AND ADOPTED this 7th day of August,1950 by the following vote: AYES: NOES: ABSENT: Counoilmen George M.Mason,J.H.Wentworth,James B.Thomas, David V.Stout,Dale D.Daniels,Carl W.Pate. Councilmen None Councilmen None. Approved: ~ ?/:or:; I Attest: G.~\~ Ci ty Clerk RESOLUTION NO. 244 is presented and rasd. Moti on by Councilman Daniels ,seoonded Counc ilman Stout that RESOLtnION NO.244 be adopted. '<j",..- ." RESOLUTION NO.244 FIXING THE T!ME FOR HEARING THE REPORT AND RECOMMENDATION OF THE CITY PLANNIID COMMISSION OF THE CITY OF GILROY THAT THE ZONING ORDINANCE OF TEE CITY OF GIIROY BE .AMENDED SO AS TO INCLUDE IN DISTRICT "AM CASTIEWOOD PARK UNIT NO.1, AND SEOOND WESTERN ADDIT- ION TO THE CITY OF GILROY . WHEREAS the City Planning Commission of the City of Gilroy has regularly adopted a Resolution reporting and recommending ,to the Common Council of the City of Gilroy that Ordinance NO.422, known as the "Zoning Ordinance", be aIlBnded by extending the boundaries of Zone "A" District so as to include therein the following desoribed premises known as Castlewood Park Unit NO.1, reoently annexed to the City of Gilroy, to-wit:. .... 1188 BEGINNING at a pojnt in the easterly line of Miller Avenue and the westerly line of the City of Gilroy from which the northeasterly corner of "Tract No.506,Castlewood Park,Unit NO.1", as shown on 1Aap recorded in Book 18 at page 40, of Maps, official Reoords of Santa Clara ~ounty, bears N. 890 08' 30" W. 80.00 feet and running thence N. 890 08' 30" W. 230.00 feet to the northwest corner of Castlewood Park;thence southerly along the westerly line of Castlewood Park to the southerly line of Third Street;thence easterly along said southerly line of Third Street to the westerly line of Miller Avenue;thence easterly across Miller Avenue tothe intersection of the southerly line of Third Street with the easterly line of Miller Avenue; thence northerly along the easterly line of Miller AveI1'le to the point of beginning. and also the following described premises reoently annexed to the said City of Gilroy known as "Second Western Addition to the City of Gilroy",to-wit: BEING a part of Ranch Lots 16 ani 20 as shown on Map No.7 accompanying the report of the Referees in the Las Animas Partition Suit, Action NO.5536, had in the Superior Court of the State of California, indand for the County of Santa Clara, and more particularly described as follows: BEGINNING at the intersection of the westerly line of Prince- valle Street and the Southerly line of Tjird Street, being the pre~ent westerly 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 Miller Avenue to the poJnt of intersection of the westerly line of Miller Avenue with the southerly line of Third Street as shown on Map entitled "Tract No.506,Castle- wood Park Unit No.l" , as recorded in Book 18 at page 40, of Maps, Official Records of Santa Clara CountYl thence along the southerly line ot Third Street N. 8g0 13' 30" W. 150.00 feet to the westerly line of Castlewood Park; thence along the westerly line of Castlewood Park S. 00 46' 30" W. 928.05 feet to th~_" southerly line of Castlewood Park; thence along the southerly line of Castlewood Park S. 890 10' 30" E. 150;008 teet to the westerly line at Miller Avenue; thence contin- uing on same course 80.00 feet to the easterly line of Miller Avenue; thence along the easterly line of Miller Avenue S.Oo 46' 30" W. to its intersection with the southerly line ot Fifth Street; thence east erly along the sputherly line of Fifth Street to the westerly line of Princevalle Street; thence norther1Y along the westerly line of Princevalle Street to the southerly line of Third Streetand the point of beginning." Reference is hereby had to the maps and general zoning ordinance of the said City now on file in the office of the City Clerk. And, WHEREAS the ordinances of the City of Gilroy and the laws of the State of California require that a hearing be had before the Common Council of the City 0 f Gilroy upon the said report and recommendation, and tha a time and place be fixed for said hear- ing, and that due and legal notice thereof be given, NOW, THEREFORE , BE IT RESOLVED that a public hearing be had before the Common Council of the City of Gilroy upon the said report and reconnnendation, and that Monday the 28th day o:f" August ,1950 , at the hour of 8:00 otclockP.M. of said day at the Common Council- room in the City Hall in the City of Gilroy,County of Santa Cl~ State of California, be and the same is hereby fixed as the time and place of hearing said report and rec~endation and to act th ereupon; And, BE IT FURTHER RESOLVED that the City Clerk give notice of the said hearing in accordance with law. PASSED AND ADOPTED this 7th day 0 f August, 1950, by the following vote: AYES: NO]S : ABSEN!': Councilmen George M.Mason,K.H.Wentworth,James B.Thomas, David V.Stout,Dale D.Daniels,Carl W.Pate. Councilmen None Counc ilmen None Approved: ~4~ a or' ro- Attest: (],~\~ City Clerk ... ... IlIlIlIII -- .... 1 'wtIIi ~189 RESOLUTION NO. 245 is presented and read. Motion by Councilman Daniels,seconded by Councilman Pate that RESOLUTIOB NO.245 be adopted RESOLUTION NO. 245 RESOLUTION AND ORDER .AMENDING RULES AND REGULATIONS FOR THE OPERATION OF THE POLICE DEPARTMENT RELATING TO THE UNIFORMS OF POLICE OFFICERS. WHEREAS, Section E of the Rules and Regulations as to Personnel as set forth in Resolution No.2ll adopted by the Mayor and Common Council of the City of Gilroy on the 29th day of November,1948, provides that the color of uniforms o~ Police Officers shall be dark blue, and WHEREAS, during the summer or warm season of the year said uniforms are too warm and heavy for the comfort of the officers wearing them and the Police Officers should be permitted to wear uniforms of a different weight during said time, NOW,THEREFORE,BE IT RESOLVED, that said Section E of said Rules and Regulations as set forth in Resolution No.211 be amended to read as follows: E. UNIFORMS All members of the Police Department shall be required to wear standard police uniforms while on duty. The City of Gilroy will appropriate $50.00 towards the cost ot a uniform for., each new employee of the department and for each present employee for~he replacement of olf or the purchase of new uniforms. The uniform shall be readily distinguished from those worn by deputy sheriffs and Highways patrolmen. The color of the uniform shall be dark blue, exoept during the summer or warm season of the year, upon the order of the City Marshal, uniforms of suntan color and of such weight as he may prescribe may be worn. All traffio officers,however,shall wear the same color uniforms while on duty. ADOPTED AND PASSED the 7th day of August,1950, by the following vote: . AYES: Councilmen George M.Mason,J.H.Wentworth,James B.Thomas, David V.Stout,Dale D.Daniels,Carl W.Pate. NOES: Counc ilmen None ABSENT: Counc ilmen None. Approved: ~tfr ~~ Attest: ~,Cx..~ Ci ty Clerk RESODUTION NO. 246 is presented and read 'Motion by Counoilman Wentworth,seconded by Councilman Pate that RESOLUTION NO.246 be adopted. RESOLUTION NO.246 RESOLUTION OF THE COM~ON COUNCIL OF THE CITY OF GILROY APPROVING AGREEMENT FOR MAINTENANCE 6~ STATE HIGHWAY IN mE CITY OF GILROY. WHEREAS, the State 0 f California, through its Department of Public Works, Division of Highways, has presented an Agreement for Maintenance o"f State Highway in the City of Gilroy effeotive July 1,1950, am to remain in effect until amended or terminated. WHEREAS, the Common Council has heard read said agreement in full and is familiar with the oontents thereof; THEREFORE ,be it resolved by t he Common Council of the City of Gilroy that said Agreement for Maintenanoe of the State Highway in the Ci ty is hereby approved and the Mayor and the City Clerk are directed to sign the same on behalf of said City. . ADOPTED AND PASSED this 7th day of August ,1950 by the fOllowing vote: AYES: Councilmen George M.Mason,J.H.Wentworth,James B.Thamas,David V.Stout,Dale D.Daniels,Carl W.Pate. NOES: Counc ilmen None ABSENT: Councilmen None. 1190 Attest1 cr. CA.,~ City Clerk ORDINANCE NO.481 1s presented and read. Motion by Counoilman Stout ,seconded by Councilman Pate that ORDINANCE NO.481 be adopted ORDINANCE NO.481 AN ORDINANCE AMENDING ORDINANCE NO.436 OF THE CITY OF GILROY, COMMONLY KNOWN AS THE "UNIFORM BUILDING CODE", 1940 EDITION, BY FURTHER DEFINING THE WORD "BUILDING" ,AS USED IN SEC'l'ION 401 OF THE SAID "UNIFORM BUILDIID CODE", SO AS TO EXCLUDE MOVABLE CONTAINERS ,BOXES AND DEVICES USED FOR AUTOMATIC OR SELF- VENDING OF MERCHANDISE. ~ I ...J Vote on the motion to adopt ORDINANCE NO.481. AYES: Councilmen George M.Mason,J.H. Wentworth ,James B.Thomas, Dav1d V.Stout,Dale D.Dan1els,Carl W.Pate. NOES: Counc ilmen None ABSENT: Councilmen None. ORDINANCE NO.482 is presented and read. Motion by Councilman Dan1els,seoonded by Councilman Pate that ORDINANCE NO.482 be adoptedJ ORDlNANOE NO.482 ~ .AN ORDINANCE OF THE CITY OF GILROY AMENDING ORDINANCE NO.452 PROVIDING FOR THE LIOENSING OF TRANSACTIOm AND THE CAJIItYmG .... ON OF CERTAIN BUSINESSES,TRADES,PROFESSIONS,CALLINGS AND OCCUPATIONS IN THE OITY OF GILROY BY REDUCIID THE LICENSE 'fiX FOR AMUSEMENT DEVICES AND PIN BALL MACHINES PROVIDED FOR IN SUBDIVISION NOS.2 AND 42 OF SECTION 22 OF SAID ORDlNAIDE. Vote on the motion to adopt ORDINANCE NO.4S2. AYES: Counoilmen George M.Mason,J.H.Wentworth,James B.Thomas, David V.Stout,Dale D.Daniels,Carl W.Pate. NOES: Councilmen None ABSENT: Counc ilmen None. ORDINANCE NO.483 is presented ani read. Motion by Councilman Thomas ,seconded by Councilman Daniels that ORDINANCE NO.483 be adopted. ORDINANCE NO. 483 AN ORDINANCE AMENDING SUBDIVISION 16 OF SECTION 22 OF ORD INANCR NO.452 RELATING TO VENDING MACHINES BY EXC-LUDIID SlEF-SERVICE ICE BOXES OR STRUCTURES VENDING ICE. ~ t... Vote on the motion to adopt ORDINANCE .. 483. AYES: NOES: Councilmen George M.Mason,J.H.Wentworth,James B.Thomas, David V.Stout,Dale D.Dan1els,Car1 W.Pate9 Councilmen None ABSENT: Councilmen None. This being the time specified in a legal notice calling a hear1ng for any protests and/or objections to amend1ng the Zoning Ord1nance to provide further regulations for set-back in"Cl" Distr1ct the Mayor , ,I. 1191 Pro-tem asks if there is anyone present who desires to protest and/or object to the further amending of the Zoning Ordinance to provide fUrther regulations for set-back in "11" District. No. person appears to protest and/or object. After discussion on the Planning Commissions recommendation it is unanimously agreed to refer this matter baok to the Planning Commission. Motion by Counoilman Stout,secanded by Councilman Daniels and carried that the hearing on the recommendation of the Planning Commission that the side yards in #01" Zone be the same as "0" Zone be oontinued to August 28,1950 at 8 o'clock P.M. in the Common Coanoilroom,City Hall, Gilroy, California , and that the Clerk be instructed to advise the Planning Commission that this matter be reoonsidered and recommendation made to the Council. Mayor Pro-tem Mason discusses a request made to the Water Department for a water servioe outside the oity limits. It is unanimously agreed that the ,lecia1on iio't.:t6~turn1sh any1more....ater'serv1oesou.tsidethe ,- )!o \ c city'l1mlts be ,ohtiJiraed.: A change in the Plumbing Code suggested by the Building Inspeotor is referred to the Ordinanoe Committee. The Purchasing Agent states that he has on tentative older $4500. worht of oast iron pipe and a quantity of oopper tubing for use of the water department and requests approval of the Counoil to place these materials on Order. It is unanimously agreed that the Purchasing Agent be authorized to purchase the materials requested. Reports of the City Officer are presented and read. Motion by Counoilman Stout,seconded by Councilman Daniels and carried that the reports of city officers be accepted as read and placed o~ file. The following apJlications for Liquor Licenses are presented:Eagles Lodge,Gilroy Aerie 2335 a Club License;transfer from Henry Cruzat of an On Sale Beer License to John A.Clemens,2l0 N.Monterey St.,d.b.a. Greyhound Bus Depot;Fook Low,173 S.Monterey St.-Off Sale Beer and Wine License;transfer of an Off Sale Beer and Wine License from Julio and Pastor C.Mata to Joe F.,Julio and Pastor C.Mata, 238 N.Monterey street and an~qOff Sale Beer and Wine Lioense to Joseph C.Elia,lll N.Monterey Street. No objection is made. Motion by Councilman Stout,seoonded by Counoilman Thomas and carried that bills as presented be allowed and warrants ordred drawn on the Treasurer. Adjourned subjectto the call 0 f the cha 1r. ~,~,~ ty C er