Minutes 1953/10/05
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Gilroy, California
October 5,1953
This regular monthlj' meeting 0 f t he Common Council is called to
order by~he City Clerk is the absence of His Honor Mayor George
C.Milias.
Present:Councilmen Carl ~.Pate,Courtland M.Rush,J.Hughes Kennedy,
Chas.Gallo,George W.~nite,Jack W.Ronald.
The Clerk now calls for nominations for Mayor Pro-tern.
Motion by Councilman Ronald,seconded by Councilman Kennedy and
carried that Councilman Carl W.Pate be Mayor Pro-tern.
r,:inutes of the regular monthly meeting of' September 8,1953 and
the adj ourned regular meeting of September 14th and t he special
meeting of September 23rd,1953 are read and approved.
A communication is read from Gilroy Taxi requesting permission to
establish a new parking space on the west side of lVLonterey Street
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between Third and Fourth streets.
JVIotion by Councilman Gallo ,seconded by Councilman Rush and carried
that t he matter 0 f the request of Gilroy Taxi for new :r:a rking space
on the we~)t side of Monterey street between Third and Fourth streets
at t he property line of Bettencourt's r:!Iarket and Liberty Billiards
be turned over to the Street Conmittee for action.
A communication signed by nineteen persons recdding on Swanstlbxm
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Lane complaint aboutspeeding cars on trucks
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on this street is presented
and read.
The BuiJ ding Inspector reports on his observation of the situation
complained of and t hat he had warned truck drivers to slow do'wn.
This complaint is referred to the City Marshal.
A Notice of Hearing front the Public Utilities Commission with ref-
erence to establishing a list of grade crossings urgently in need of
improved protection to be held in San Francisco on November 4,1953,is
presented and read.
Motion by Councilman Kennedy,seconded by Councilman Gallo and carried
that the City Attorney and the Chief Administrative Officer be appointed
to attend the meeting of the Public Utilities Commission on grade cross-
incs im San f'rancisco,Calif.. on November 4,1953,all expenses to be paid
by the City.
A communication is read from the Santa Clara County Health Department
relative to a letter from the State Department of Ptiblic Health with
reference to the overflow of sanitary sewers on both Lewis and Chestnut
streets and urging that immediate steps be taken to correct this matter.
Councilman Rush reports on his observation of water flowing out of the
Filice and Perrelli cannery and witnessing the pwnps in use. This
corrununication is referred to the Sewer Conmittee with instructions to
confer with the Mayor to arrange a meeting between the cannery officials
and the Council at the earliest date.
A cOIrfLunication fs read from Attorney Hobert K.Byers stating that
rv:eSGers Ambler and Gould have abandoned their lease on the city's sewer
fanu property and the lease was being returned.
A commgnication from the Registrar of Voters of the County of Santa
Clara, enclosing a petition for annexation, stating~at eight signatures
on the petition signed by ten persons were registred voters and that there
are 23 registred voters residing in the prea requesting annexation.
RESOLUTImJ NO.302 is presented and read.
Motion by Councilman Rush, seconded by Councilman Gallo that RESOLUTION
NO.302 be adopted:
RESOLUTION NO.102
RESOLUTION OF INTENTION TO CALL A SPECIAL ELECTIOrr IrT THE TERRITORY
PROPOSED TO BE ANNEXED TO THE CITY OF GILROY.
mfEREAS,a notice of intention to circulate a petition for the
changing of the boundaries of Ule City of Gilroy by the annexation
of certain territory adjacent thereto has been published by the pro-
ponents thereof ip. the manner required in the Elections Code of the
State of California,and in accordance with the provisions of Article
2, of Chapter l,of Part 2,of Division 2 of Title 4 of the Government
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Code,generally referred to and designated as IlAnnexation Act of 1913",
and which said notice contains a description of the territory proposed
to be annexed to the City of Gilroy,said description"being the same
as that hereinafter contained;and
WHEREAS, the Corrmon Council of the City of Gilroy has heretofore
consented to the circulation of the said petition and the taking of
annexation proceedings;and
WHEREAs,within ten days of the date of the publishing of said
notice proponen~s did file a copy of the notice,accompanying state-
and affidavit of the publishing of the notice with the City Clerk of :tk
the City of Gilroy,and did also thereafter and after the expiration ~
of 21 days after t he publication of the notice and statement cause to I
be circulated among the voters within the area proposed 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
:p=tition conforms to the provisions of the aforementioned Sections
of the Government Code designated and referred to XNlI as the I' Annex-
ation Act of 19131t;and
WHEREAS,it appears that t he said petition has been signed by
not less than one-fourth of the qualified electors residing within "
the territory described therein proposed to be annexed to the said
City of Gilroy as shown by the registration of voters of the county
in which such territory is situated;and
WHEREAS, the provisions of said Annexation Act of 1913 as set
forth in the said Government Code require the Common Council upon
receiving the written petition above referred to,to pass a Resol-
ution of intention to call a special election,giving at least 50
days notice thereof, and submit to the electors residing in the
territory proposed by such petition to be annexed to such City
the question of whether it shall be annexed to, incorporated in and
made a part of such municipal corporation;
NOW,THEREFORE,BE IT RESOLVED:
That the Comrnon Council of the City of Gilroy intends to call
the 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 California, and are
more particularly described as follows, to-wit:
Being a portion of Ranch Lot 16 as shown on
!.:ap No.7 accornpanying the report of the Referee s
in th e Las Animas Hancho Partition Sai t, Action
No.5536 had in the Superior Court of the State
of California, in and :for the County of Santa
Clara,and being more particularly described as
follows:
Beginning at the point of intersection of the
southerly line of the Bodfish Mill Road (Hecker
Pass Highw~) as shown on said Map with the
easterly line of IvIiller Avenue and I\.lTIning thence
along the southerly line of the Bodfish Mill
Road we sterly 410.00 feet; th enc e southerly and
parallel to =.,iller Avenue 773.03 feet to the
northerly line of the lmlds of the San Martin
Vineyards Company;thence parallel to the southerly
line of Bodfish Mill Hoad easterly along the
nortberly line of the lands of the San Martin
Vineyards Company and the nortberly line of the
ftCastlewood Park, Unit No.l"Subdivision to the
easterly line of Miller Avenue thence northerly
along the easterly line of laller Avenue 773.03 feet
to the point of beginning,and
CONTAI!GNG THEREIN 7.276 acres of said Ranch Lot 16.
and such territory is hereby de signated as **TH!RD WES'l'ERN ADDttalB
TO THE CITY OF GILROyftfor the lllrpose of identification by which
such territory may be referred to and indicated upon the ballot
to be used at the election at which tbe question of such annexation
is submitted; and
BE IT FUHTEER RESOLVED and notice is hereby given, that a
hearing will be held before the Common Council of t he City of Gilroy
at the City Hall in the said City of Gilroy, on the 26th day of
OctoberI~1953, at the bour of 8:00 0 'clock P.M. when and where any
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person owning real property within such territory so proposed to be
annexed and having any objections to the proposed annexation may
appear before such Common Council and show cause why such territory
should not be annexed. Protests must be in writing and shall state
in general terms the name of the owner of the property effected and
tl'e location and area of the property.
PASSED and ADOPTED this 5th day of October,1953, by the following
vote:
AYES:
NOES:
ABSENT:
Councilmen Pate,l1.ush ,Kennedy ,Gallo, Vfuite,Ronald
Councilmen None
Councilmen };one
Approved:
CJyzI, ?~
Mayor Pro-tem
Attesth
\0'~Cl:y
City C erk
A petition signed by persons residing on Forest Street,north of
r.O.O.F'.Avenue,stating that each Vlould give 20 feet of their prop-
perty to provide the necessary area to widen Forest Street if the
cit.y would provide the necessary sewer and water service and fire
hydrants for fire protection, is presented and read.
- Mr..Edward Idtchell,one of the petitioners,now appears before the
Council to discuss the petition.
Motion by Councilman White, seconded by Councilman Ronald and carried
that the matter of widening of Forest ~treet as requested in the
petition and the installation of sev'Jer and water services and fire
protection be turned over to the Street Committee for investigation
and report to the Council.
A cornmup.ication is read from the City Engineer recommending a prog-
ress payment to George C.Renz Construction Company of $1,555.85 for
work completed on Project No.23.
Motion by Councilman Kennedy,seconded by Councilman ~~ite that
the City Engineer's recommencl8tioa be accepted and the.George C.
Renz Construction Company be paid the sum of $1,555.85 representing
20% of the work completed ,less ?5% retention,
A conuuunication os read from St.Anne's Auxiliary thanking the Council
for perrni t ting them to use city property for iheir rarrunage sale .This
co!rraunication is ordered filed.
The matter af the fence ordinance is turned over to the Ordinance
Committee for study.
Councilman ..bi te discusses the proposal made the Gilroy Garbage
Disposal with reference to picking up of rUbbish and states that his
committee favors placing a twenty-five cent monthly charge on the
water bills for such service. He also reports that the committee
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favors aDother five year contract for the Gilroy Garbage Disposal
but does not favor the five-:lear option requested.
The matter of providing for the manner of payment to the Gilroy
'Garbage Disposal for picking up rubbish and related matters is
referred to the Ordinance Committee to have an ordinance drawn and
presented to the Council.
Councilma..'1 Pate discusses the offer of Howson Bros. to provide the
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necessary footage to open a street fro~ Monterey Street to Ehurch
Street the Hontere:l Street end to start just north of the bridge
on North iJonterey ~.itreet.
The matter of complaints about the Speigel vining station located
on Leavesley Road is discussed and the Building Inspector states
th::tt he has investigated U:e complaints and discusses them with
Spiegel officials.
Councilman Pate discusses the matter of sales tax due from the
Gilroy Motor Company stating that the motor company would like to
settle for $400.00. The matter is turned over the City At~orney
and the Deputy Tax Collector to vlork out a payment and settlement
with the Gilroy Eotor Company.
Councilman White states that the new bri~e at the sewer farm is
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being quite generally used by motorists and suggested that a chain
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and lock be placed on the bridge to stop this general use. The Chief
Adilinistrative Officer is instructed to have the ~=;;treet Superintendent
put in the necessary posts and secure chain and lock for the bridge.
Reportsof the Poundmasterfor the month of September,1953 is
presented and read and ordered filed.
The report of the Building Inspector fot: the month of September,
1953 is presented and read and ordered filed.
The report of arrests amI citations issued by the Gilroy Police
Department for the month of September is presented and read and
ordered filed.
Application for an On Sale Bee!? license from Ruth and '\Yilla;r-d
Homme,d.b.a.Pal's Club,36 S.Monterey Street, is presented and
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read. No objection is made.
The reports of water samples tkane by the Santa Clara County
Health Department for the month of September,1953 are presented
all reports showing sa..~ples satisfactory.
The report of the County Controller on fines collected during the
m'Jnth of August,1953 is presented and read and ordered filed.
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Reports of the city officers are presented and read.
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Motion by Councilman ~Nhi te ,seconded by Councilman Ronald and carried
that the reports of city officers be accepted as read and placed on file.
Motion by Councilman Ronald,seconded by Councilman White and carried
that bills as presented be paid and warrants ordered drawn on the
Treasurer.
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The Clty Attorney now presents fire zone changes recorrunended by the
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Gilroy City Planning Commission and also the recommendation that the
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1952-edition of the~Unifo~n Building Code and Appendix be adopted;
that the 4-foot set back line on Eigelberry Street abolished.
After discussion on the subjects presented the rnatter of adopting
the 1952 Uniform Building Code is turned over to the Ordinance COiruni ttee;
the changes in fire zone to await preparation of a map showing the
recommended changes to give the Councilmen an opportunity to study the
proposal.
Poundrnaster Jack ~.'.lelody now appears before the Council and requests
that he be given permission to take care of the Poundmaster's job in
Hollister;that he had been asked by Hollister authorities to handle this
matter for ihe City of Hollister. Permission is granted with the proviso
that it will not interfere with his job as Poundmaster in Gilroy.
There being no further business to come before this meeting the
Mayor pro-tem declares this meeting adjourned.
QCt,~-
City Clerk