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Minutes 1952/09/02 1 135fl Gilroy, California September 2,1952 In the absence of his Honor Mayor George C.Milias the Clerk oalls this regular monthly meeting of tbe Common Council to order. Present:Councilmen Carl W.Pate,Court1and M.Rush,J.Hughes Kennedy, Charles Gallo,ueorge W.White,Jaok W.Ronald. The Clerk now asks tor nominationsc,tor the office of Mayor Pro- tem. Motion by Councilman Kennedy,seoonded by Councilman Ronald and carried that Councilman Carl W.Pate be Mayor Pro-tem. Mimktes of the regular monthly meeting of August 4th and the regular adjourned meetings of August 7th,20th and 22nd,1952 are read and approved. A oommunication is read 'rom the Gilroy Gliders Folk Dance Club requesting use of Wheeler Auditorium,October 18th to hol4 a regional folk dance festival. Motion by Counoilman White,seconded by Councilman Kennedy and carried that the Gilroy Gliders Folk Dance Club be granted free use of Wheeler Auditorium,October l8th,1952 to hold a Regional # Folk Dance Festival. A oommunication is repd from the City Engineer giving the esti- mated oost of improvements required in Tract 1046,"Walnut Park,at approximately $22,000.00 and recommending that the subdividers be bonded tor that amount in accordanoe with the City of Gilroy ordinance applicable to this subdivision. This communication is referred to the City Attorney the amount of smal recommended by th~ City Engineer to be the amount ot the bond to be submitted along with the map or plat of the subdivision,for ( i ..' '.. I ; '-,,j 1357 fi nal approval. A communication is read from the Gilroy Elementary School District stating that the district is willing to provide the necessary land to complete the alley from First to Second Street between Hanna and Dowdy Streets providing the oity will have the necessary description drawn by the City Engineer and a deed drawn by the City Attorney presented to the district board of trustees. The City Engineer is instructed to draw up the necessary description of the land needed to oomplete the alley and the City Attorney is instructed to draw up the necessary deed when he receives the description from the City Engineer. As this is thaetime specified in a legal advertisement oalling a publio hearing on the matter of a Use Pennit lor The ChurCh of Jesus Christ of the Latter Day Saints to erect a ohurCh building at the northwest oorner ot Fifth and Hanna streets the Mayor Pro-tem asks it there is anyone present who desires to protest and/or object to the granting of the Use Permit requested. A Report,Findings and Recommendations from the Gilroy City Planning Commission on the matter of a Use Permit for the Church of Jesus Christ of the Latter Saints is presented and read;the commission reoommending that the Use Permit be granted as requested. No person appears before the Counoil to protest and/or object to the granting of a Use Permit to the Church of Jesus Christ of the Latter Day Saints to erect a church bUilding at the northwest oorne~ of Fifth and Hanna streets. RESOLUTION NO. 282 is presented and read. Motion by Councilman White,seconded by Counoilman Kennedy that RESOLUTION NO.282 be adopted. RESOLUTION NO.282 RESOLUTION OF THE COMHON COUNCIL OF THE CITY OF GILROY APPROVING AND ORDERING THE GRANTING OF A USE PERMIT AUTHORIZING THE USE OF THE PREMISES aT THE NORTHWEST CORNER OF FIFrH AND HANNA STREETS OF .THE CITY OF GILROY ~R CHURCH PURPOSES. WHEREAS, there has been filed with the City Planning Commission of the City of Gilroy a petition for a varianoe permissible under the provisions of the zoning ordinance of the City of Gilroy and the granting of a permit to use the premises located at the corner of Fifth and Hanna streets in the City of Gilroy for the purpose of oonstructing,oocupying and using a churoh and church building thereon by the religious denomination known as the Church of Jesus Christ of the Latter Day Saints,the said premises having a frontage of 140.00 feet on Hanna Street and extending westerly from the westerly line of Hanna Street 140.00 feet to an alley,and WHEREAS, the said City Planning Commission of the City of Gilroy has made its report to the Mayor and Common Council of the City of Gilroy recommending and approving the granting ot the said use permit under oertain conditions and the matter coming now regularly before the Common Counoil of the City of Gilroy,and no one appearing to contest the said applioation anf the Council having duly considered the same, 1358 NOW,THEREFORE,BE IT RESOLVED that the said applioation for said permit be and the same is hereby granted upon the oondition that the grounds be suitably landsoaped to con~orm with that ot residence prop- erty in the immediate vioinity ot said premises within six months after the main building is completed and that said church building faoe upon Fifth street. PASSED and ADOPTED this 2nd day of September,1952, by the follow- ing vote: AYES: NOES: ABS EN'!' : Counoilmen Pate,Rush,Kennedy,Gal10,White,Ronald Councilmen None Councilmen None Attest: 8, CA-~ City Clerk APPROVED: ~W.~ Mayor Pro-tem Mayor Pro-tem Pate disousses the matter olearing the alley from Third to Fourth street between Princevalle and Bea streets,stating that Mr.Ben Rooca,Jr.,261 N.Princevalle Street,has construoted an inoinerator in the alley right-of-way and has refUsed to move the incinerator onto his own property when asked to do so by the City Building Inspeotor. The Building Inspector reports that he has disoussed this matter with Mr.Rocoa on more than one occasion and was unable to convince Mr.Rocca that the incinerator was in the ., .J ~ .. alley right-of-way. It is unanimously agreed that the City Attorney write a letter to Mr.Rocca requesting him to remove the incinerator ~rom the alley right-ot-way and that be be given 10 days in which to remove the incinerator from the alley right-of-way. Councilman Rush reports on the matter of an increase ot rates requested by the Gilroy Garbage Disposal and reviews the two prop- ositions submitted by the Gilroy Garbage Disposal. Mr..&oker,one of the partners of the Gilroy Garbage Disposal,re- quests that the road to the sewer farm from the end of the paved portion be repaired. The matter of this road and its repair is turned over to Counoilman White for investigation. The matter ot a charge ot ninety cents or a dollar a month for onoe a week service tor residences is disoussed. .~ The City Att.orney now reads a tentative ordinanoe he has prepared i...I for increasing garbage and refuse collection rates. Motion by Councilman Kennedy,seconded by Counoilman White and carried that the Ordinanoe Committee re~ite the ordinance per- taining to the collection of gafaage and refuse on the ninety oent plan tor the household rate and increase all rates tor con- tainers up to thirty gallons by twenty per cent;the new rates to become effective October ,1,1952. f'Ji'.. ,'- I I ',"/:>>01' ,~-'-.,"" ....... [ 1')50 ..J...U u Chairman Rush of the Fire Committee discusses the matter of replace- ment for Chas.Shields who retired from the Fire Department on September 1,1952. The matter of a changein police calls after the radio broadoasting station closes down is discussed and the City Marshal is instructed to contact the local telephone company to ascertain what the charge would be to have calls sent by the telephone company,long distance, to San Jose and the message broadcast to local police cars from the San Jose station, instead of using the present sys,em of the red light. Mayor Pro-tem Pate discusses the matter of annexation of the land and lying so~'h of the present city limits/west of Monterey Road stating that some thougbt should be givne to the request that this land be annexed as unimproved land. Councilman Rush states that he has had many complaints about the overflow of sewage from the lines on Lewis Street.This matter is now discussed at length. The City Attorney reports that investigation shows that the title to the Severance School p~perty on North Churb~ Street stands in three different::. names and that he has requested the County Sllperintendent of Schools to give him a report on the history of the title. The City Attorney reports that ~he County Boundary Commission will not meet until September 15,1952,to pass upon the proposed annexation of the Be Ge Manufacturing Company property. The report of the Poundmaster for the month of August is Jresented and read and ordered placed on file. The report of the Building Inspector for the month of August is pre_ sented and read and ordered placed on file. The report of the Police Department for the month of August is pre- sented and ordered plaoed on file. Application for an On Sale Beer license from Joe Vega,d.b.a.Tony's Place,63 S.Monterey Street is presented and read. No objection is made. A report of Water Samples taken by the Santa Clara County Health Department is presented and read and ordBeed filed. The report of the County Auditor of fines collected during the month of July is presented and read and ordered filed. Reports of the City Officers are presented and read. Motion by Counoilman Ronald,seconded by Counoilman Kennedy and carried that reports of the city officers be acoepted as read and ordered placed on :f'1le. Motion by Councilman White,seconded by Councilman Ronald and carried 1360 that bills as presented be allowed and warrants ordered drawn on the Treasurer. Adjourned subject to the oall of the chair. (3. ~.Q;n City Clerk i _ J