Minutes 1950/11/06
1204
Gilroy, California
November 6,1950
This regular monthly meeting is called to order by His Honor
Mayor George C.Milias.
PresentL Councilmen George M.Mason,J.H.Wentworth,James B.Thomas,
David V.Stout,Dale D.Daniels,Car1 W.Pate.
Minutes of the regular monthly meeting of October 2nd and the
regular adjourned meeting of October 16th are aread and approved.
A communication is read, from the family of Catherine T.Ryan .This
comnunication is ordered filed.
Reports of water samples taken in October by the Santa Clara
County Health Department are presented and read. Reports 8h~w1ng
samples satisfactory are ordered filed.
The report of Building Inspector Byron Brown is presented and
read and or4ered filed.
An original appli cation for an Off Sale Beer and Wine license
by Herman Garcia and Daniel T.Ruiz,Sr.,55 W.6th st.; and transfer
of an On3 Sale Beer License from Shirley Roth to William Economou,
285 S.Monterey Street, are presented. No Objection is made.
A communication is read from the Central Labor Council of Santa
Clara County with an attached resolution with reference to the use
of X-ray machines in shoe stores and a request that the Council pass
an ordinance prohibiting the use of the machines. The resolution is
referred to the Ordinance Committee and the City Attorney with
the suggestion that the League of California Cities be contact ed
for information as to what other cities have done in this liLatter.
,
A communucation s~ed by Lillian Rea Radin and Virginia Cox
reguesting further consideration by the Council of Resolution No.
240 as it"affects their property. It is unanimously agreed to
refer this communication to the Ordinance Committee and the Gilroy
City Planning Commission for recommendation and report.
A oon:nnunication is read from the Gilr oy Chamber of Commerce thanking
the Council for the donation to be used in hiring a full-time
In
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secretary. This communication is ordered filed.
A communication is read from Mr.John J.Jones,attorney for Mr.Chas.
lloii.' ".,.
Stoops, requesting that the city furnish lilr.Stoops with a one inch pipe
of water on his property located on Hecker Pass Highway. This matter
is referred to the City Attorney for investigation and reply.
A communication is read from Logan and Frazer,certified pUblic
accountants,city auditors, stating that they have examined the books
or account and record for the period ending September 30,1950, and
have found, them in good order. This communication is ordered filed.
A cmmmunication is read from lArs.Bernard Greeff complaining about
the Council imposing a Sales Tax in the city. This communication is
ordered filed.
A communication is read from \'J.J.Hanna,City Engineer, recommending
that a 75% payment be made to Fredrickson & Watson Construction
Company for the improvement of Carmel Street,Third Street and Forest
Street.
Motion by Councilman Wentworth,seconded by Councilman Pate and
carried that the City Attorney file a Notice of Completion for the
improvement of Carmel Street, Third Street and Forest Street and that
I.c<'
the recommendation of the City Engineer be accepted and Fredrickson
& Watson Construction Company be paid the sum of $5,055.57 represent-
75% of the contract price.
A communication is read from Jesse Rubino, partner, Gilroy Garbage
Disposal Service, stating that he has sold to Mr.Gilbert SiIDm3 his
one-half interest in the business and requests the Council's approval.
of the traasfer.
RESOLUTION NO.248 is presented and read.
Motion by Councilman Stout,seconded by Councilman Daniels that
RESOLUTION NO.248 be adopted.
RESOLUTION NO.248
CONSENTING TO TRANSFER BY JESSE RUBINO OF HIS INTEREST IN FRANCH;i.
ISE OR PRIVILEGE, AND AGREEliillNT COVERING TEE SAME, FOR COLLECTING
.Alrn DISPOSIID- OF GARBAGE A1TJ) REFUSE OF THE CITY OF GIIROY TO
GILBERT SIMMS.
1-
WHEREAS, Jesse Rubino and Charles R.Acker do now have the fran-
chise, license and privilege far the collection and disposal of
garbage and refuse in the City of Gilroy, pursuant to an ordinance
and Resolution heretofore adopted by the Common Council of the City
of Gilroy, and
\v.HEREAS, the said Jesse Rubino has now sold,assigned and trans-
ferred, subject to the consent of the Common Council of the City
of Gilroy, his interest in and to the said franchise,license and
privilege and the con*ract relating to the same now in force,to
Gilbert Simms, and has asked the Common Council of the City of
Gilroy to consent to and approve the said sale, and
VffiEREAS, the Ordinance under which the contract for the collect-
1206
ion and disposal of garbage in the City of Gilroy,and the
franchise and license governing the same,require the giving
of a bond in the sum of Five Hundred ($500.00) Dollars for
the faithful performance of the agreement, and the said bond
has peen given by the said Jesse Rubino and Charles R.Acker,
and
\~AS, the Common Council of the City of Gilroy does no~
see any valid reason for refusing to consent to the said sale
providing certain conditions are met;
N01Y, THEREFORE, BE IT RESOLVED that the Common Council of
the City of Gilroy does hereby consent to the transfer and
sale by the said Jesse Rubino of his interest in an to the
heretofore mentioned contract,franchise and license to collect
and dispose of garbage in the City of Gilroy, upon the con-
dition that a new bond be executed in the sum of Five Hundred
($500.00) Dollars in accordance with the prrovisions of the
ordinance governing the collection and disposal of garbage
in the City of Gilroy by the said Gilbert Simms and Charles
R.ACker , and that the said Gilbert Simms execute a writing
in favor of the City of Gilroy agreeing to be bound by all t
the terms,conditions and covenants contained in the aforesaid
agreement and any extension thereof and supplements thereto
thes&me as though he had been the original party to the same,
and upon the filing of the said bond and the said writing
with the City Clerk this Resolution shall be in full force
and effect.
ADOPTED AND PASSED by the following vote on this 6th day
of November,1950:
,. f::1
o
~
..J
AYES 1
NOES:
ABSENr:
Councilmen George M.]~son.J.H.Wentworth,James B.
Thomas,David V.Stcut,Dale D.Daniels,
Carl W.Pate.
Councilmen None
Councilmen None
~e~-
Mayor
Attest:
G. (1 > ~
City Cler
.,
....I
Councilman Daniels now discusses the condition of the garbage dump
and the dnmp:hi.g'\ ot:indlistrial wastes in the pit.
Motion by Councilman Daniels,seconded by Councilman Stout and
carried that Gentry,Inc. and Filice and Perrelli Canning Company be
notified to dct:soontinue the use of the city garbage dump for dump-
ing industrial wastes within the next 90 days and that the City
Attorney prepare the necessary letters which shall be sent by
registered mail to the respective parties.
The matter of' keeping the garbage dump clean is discussed and
Mr.Jesse Rubino,one of the partners of Rubino's Gilroy Garbage
Disposal, wh~ is present states that this work will be done at onC8~
A Resolution by the Gilroy City Planning Comraission approving the
rezoning of certain propert~ located on the north side of First
Street between the west 1 ine of Church Street and the property 0'
Trinchero by depth to an alley, from Zone "B" to Zone "Cl", is
presented and read.
.,
.J
RESOLUTION NO.249 is presented and read.
Motion by Councilman Stout,seconded by Councilman Daniels that
RESOLUTION NO.249 be adopted.
RESOLUTION NO.249
RESOLUTION NO.249 FIXING flEE Tllm AND PLACE OF HEARING OF REPORT
AND RECOMMENDATION OF THE CITY PLANNIW COMMISSION OF THE CITY
OF GILROY THAT ZONING ORDINANCE NO.422 OF THE CITY OF GILROY BE
AMENDED BY RECLASSIFYING PROPERTY ON FIRST STREET FROM nZONE "B"
TO ZONE ftC-I" DlIlS'I'RICT.
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\mEREAS, t~~ City Planning Commission of the City of Gilroy
has reported and recommended to the Common Council of the City
of Gilroy, that Ordinance No.422, cOIlll~lonly know as the "Zoning
Ordinance" of the City of Gilroy, be amended by reclassifying
and placing in Zone "C_l" District the following described
premises located in the City of Gilroy, now in Zone -B~ district,
to-wit:
Lots 38 to 45 inclusive and the Easterly 25.30
feet of Lot 46 of Tract 232 Gurries Addition to
the City of Gilroy, as shwon upon the map thereof
on file as of record in the office of the iounty
Recorder of the County of Santa Clara,said premises
extending along the northerly line of First Street
from the westerly line of Church Street to the
premises now or fonnerly owned by Trinchero and
extending northerly to an alley, and
~~S, the laws of the State of California and the said
zoning law of the City of Gilroy requires that a hearing be
had before the City Council of the City of Gilroy on the said
report and recommendation and it is the duty of this Council
to fix the time and place of hearing.
NOW, THEREFORE, BE IT RESOLVED that a hearing upon the said
report and recommendation be had before the Common Council of
the City of Gilroy in the Council Chambers in the City Hall,
City of Gilroy, County of Santa Clara, State of California, on
Wednesday the 22nd day of November, 1950 , at the hour of 8:00
o'clo'ck P.M., and that the City Clerk give due and legal notice
thereof.
ADOPTED AND PASSED
following vote:
AYES: C ounc i lmen
this 6th day of November,1950, by the
NOES:
ABSENT:
Councilmen
Councilmen
George IJ.Mason,J.H.Wentworth,James B.
Thomas,David V.Stout,Dale D.Daniels,
Carl \V.Pate.
None
None
~y~
-
?-?-;~
Attest:
(3, CA.~
City Cler
The Uayor now discusses the matter of off-street parking and the
recommendation made by Mr.Howard Gardner,assistant director of the
League of California Cities.
The Mayor,with the unanimous consent of the Council,appoints the
the Street Committee to represent the Council and the Clerk is 1n-
structed to send a letter to the Cha,mber of Commerce requesting
that they appmint a committee to meet wit}; the Street Committee to
investigate all possibilities for off-street parking and in due time
to send a report to the Council with their recommendations.
IJotion by Councilman Daniels,seconded by Councilman Stout and carried
that Mr.Henry Allemand be given a 5 year lease on the present 87 acres
of sewer farm land under lease to him and a five year lease on the
owned
47.74 acres of lity/land located east of the Llagas Creek fonnerly
leasedto Leola Brownell ,under the same terms and conditions as the
previous lease,said lease to be from October 31,1950.
1208'
Motion by Councilman Wentworth,seconded by Councilman Stout and
carried that Harry Rianda be granted a lease for one year on the 7
acres of city owned land said lease to be from October 31,1950 and
under the same terms and conditions as the previous lease which
expired October 31,1950.
Councilman Stoutdiscusses the matter to windowsbeing broken in
Wheeler Auditorium. It is unanimously agreed that the windows be
IIIlIlI\
repaired and a heavy screen be placed over eaeh~DtLub. basement
windows in the rear of the building. The Chief Administrative
Officer is instructed to proceed tm liha"tEL;t!11sC'work..::done.
Councilman Stout requests permission to absent himself from the
state for a period of two weeks commencing November 15,1950.
i
..""
I~otion by Councilman Mason,seconded by Councilman Daniels and
carried that Councilman Stout be granted permission to absent
himself from the state for a period of Two weeks canmencing
November 15,1950.
The Building Inspector now discusses the request made by parties
interested in openillg,; a roller skating rink in the bUilding locat-
ed at the northwest corner of Sixth and Railroad streets to make
certain additions and alterations to the building. It is unanimous11 ~
agreed to allow the alterations approved by the Building Inspector. ..
Reports of the city officers are presented and read.
Motion by Councilman Stout,seconded by Councilman Pate and Oarried
that the reports of the city officers be accepted as read and placed
on file.
Motion by Councilman Stout ,seconded by Councilman Daniels and
carried that bills as presented be allowed and warrants ordered
drawn on the Treasurer.
Ai
The Mayor now discusses the application made the Gilroy Telephone
Company to the Public Utilities Commission for an increase in rates.
It is unanimously agreed that the Balance Sheet and other financial
documents being presented to the Public Utilities Commission by the
company be sent to the city aUditors,Logan and Frazer, for examination
and a report on their opinion on the justification for a raise in
rates as requested by the company.
IIIIIIIIlI
.......
Adjourned subject to the
call of the chair.
G.c~..~
City Cle k