Minutes 1953/09/14
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1441
Gilroy,Ca~iforn'a
September 14,1953
This adjourned regular meeting o~ the Co~non Council is called to
order by His Honor Mayor George C.Milias.
Present Councilmen Carl ~t.Pate,Courtla~d M.Rush,J.Hughes Kennedy,
Charles Gallo,George W.White,Jack W.Honald.
1442 The Mayor states that the purpose of this meeting,as announced
in a letter sent toe ach member of the Council, is to discuss the
matter of amending Ordinance No.5Jl,regulating the height of fences,
wi th reference to a request from the developers of Vlalnut Orchard
Park Subdivision to erect fences five feet eight inches in height
in front of dwellings; and to discuss a cooperative agreement bet-
ween the State of Califomia,Jaepartment of Public Works,Division of
Highways and the City of Gilroy with reference to the widening of
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Monterey Street and onstallation of certain drainage facilities.
Councilman Rush,chairman of the vrdinance COillnittee,reports that
his committee recommends that no fence higher than three feet be
erected from the front of property to the legal set back line mn
any "AlIt or "B'. district;that any fence across the front of property
beyond the legal set back line be limited to five feet eight inches
in height and posts be set thirty inches in the groundand set in
concrete.
Motion by Cougcilman Pate, seconded by Councilman Ronald and
carried that Ordinance No.5Jl be amended to include recofMlendations
of the Ordinance Committee.
A communication and cooperati'Je agreement from the Department of
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Public Works,Division of Highways is now presented and read.
A general discussion of the agreement is now in order with Council-
wtIIIfIi
men the Mayor,Walter Hanna,Jr. of the City Engineers office enter~ng
into the discussion.
It is unanimously agreed that a paragraph should be added to the
proposed Resolution accepting the cooperative agreement that prop-
erty owners shall not be required to spend any money inmanging
driveway approaches, building drains;a.!ld.sidewalks.
RESOLUTION NO. 299 is presented and read.
Motion by Councilman Kennedy,seconded by Councilman Pate that
RESOLUTION NO.299 be adopted.
Mr. Irvin Hollister now appears before the Council to discuss
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additiona~ provisions for insuring the property owners against
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any expense with reference to sidewalks, building drains and drive-
VJ ay approache s .
RESOktITION _NO. ~
RESOLUTION OF THE COI\'IT,ION COUlJCIL OF THE CITY OF GILROY APPROVING
AGREElJIENT B8TWEEN THE CITY OF GILROY AND THE ST ATE OF CALIFORNIA,
DEPARTrE~"'T OF PUBLIC WORKS,DIVI:3ION OF HIGHV1AYS,RELATING TO THE
VnDE}n~;G ANn IhTPROVEMENT OF MONTEREY 5T3EET, TO BE KNOWN AS 1'kG ILROY
COOP'f1~I\ATIVE PROJECT NO.lf'.
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1443
WHEREAS,the City of Gilroy and the Division of Highways,
Department of Public Works, of the State of California,have been
discussing for sometime past a cooperative project proposed to be
underaaken jointly by the City of Gilroy and the said State ofCalif9rnia,
for the widening of Monterey Street;and
~rc~EREAS, in the aforesaid discussions relating to said project
the limit of the liability of the City of Gilroy has been fixed at the
swn of $150,000.00 for its share of the ~ost of the project;and
~JHEREAS, the said State of California has nOVi submi tted to the
Mayor and Common Council of the City of Gilroy a proposed cooperative
agreement covering the aforesaid project and vvhich project is to be
known as llGilroy Cooperative Project BO.ltt,and has asked the City of
Gilroy to examine the form of f! e agreement and approve the same if
satisfactory to it;and .G.. "
~'lHgREAS, the said Mayor and Common Council of the City of Gilroy
have examined the said agreement as submitted by the Department of
Public Works ,Division of High\!ays, of the State of California, to the
said Common Council and finds that the same is sati sfactory and in
accordance with the understanding heretofore Eeached by the City of
Gilroy ~ld the State of California, covering the said project,'! and
when the following provision is incorporated in and added to the agree-
ment as presented, to-wit:
"The property owners owning property situated along rV:onterey
Street shall not be under any direct obligation to pay any portion of
the costs of the said improvement,and it is understood that all drive-
'v'JaYs from Monterey Street across the sidewalks along the said street
shall be altered or reconstructed where necessary to establish the
pr~per grade and that portion of down-spouts imbedded in or extending
through said sidewalks shall,where necessary,be reconstructed or
al tered so that the same will be serviceable ,and such reconstruction
or alte::'ation of said driveways and said portions of down-spouts shall
be a part of the improvement covered by this agreement and no part of
the cost of such alteration or reconstruction shall be borne by any
property owner."
NOW,THEREFORE,BE IT RESOLVED:
That the said Mayor and Common Council of the City of Gilroy do
'hereby approve the said agreement,provided the aforesaid provision
relating to driveways and dOVln-spouts is incorporated in and becomes
a part of said agreement,and the Mayor of the said City of Gilroy is
hereby authorized to execute the said agreement on behalf of the City
of Gilroy when said provision is incorporated in said agreement.
PASSED and ADOPTED the 14th day of Septa~ber)l953, by the
follovJing vote:
AYES:
NOES:
ABSE1\'T:
Attest:
G.CL~
City Clerk
Councilmen Pate,Kennedy,White,Ronald
Councilmen Rush,Gallo
Councilmen None.
APproved~' , . >
~__~:'~,,- r" .)
_ ayor
The Mayor now declares this meeting adjourned.
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