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Minutes 1954/02/01 1477 Gilroy, California February 1,1954 This regular monthly meeting of the Common Council is called to order by His Honor Mayor George C.Mi1ias. Present:Councilmen Carl W.Pate,Courtland M.Rush,J.Hughes Kennedy, Charles Ga11o,George W.White,Jacktf'.Ronald. Minutes of the re5i.llar monthly meeting of January 4th and regular 1478 adjourned meetings of January 18th and January 25th,1954 are read and approved. A communication is read from the State Department of Public Health advising that the city has no valid permit to operate a water dist- ribution system and requesting that application be made on form en- closed with the communication. The Mayor refers "this matter to the City Attorney to report to the Council at a future meeting. A report of the gross earnings of the Coast Counties Gas and Electric Company under their gas and electric franchise for the year 1953 is presented and read;the franchise tax showing a return to the city of $7,478.47. This report is ordered filed. A communication is read from Geo.C.Renz Construction Company re- questing acceptance of street work and improvements made in Tract No. 971, "Wayland Lane Tract It . The Building Inspector reports that 1:.here..1s street and alley work to be completed in the tract and the matter of Welburn Avenue being only 30 feet wide is discussed. The City Engineer's office reports that We1burn Avenue,on the original map submitted is a full width street and that further development north of We1burn Avenue would require that the street width shown on the map be followea. The matter of the bond that Geo.C.Renz Construction C'ompany has to guarantee the completion of all work in the tract is discussed and it is the~_tinanimous decision of the Council to refer the matter of reducing the amount of the bond and other matters with reference to this tract to the City Attorney to for discussion with ~~.Renz and the drawing of the necessary papers to guarantee the completion of the work. A petition for permission to remove all remains from and abandoned cemetery of Young Fae Yee,representing the Chinese Masonic Lodge, is presented and ordered filed. A communication is read from S.J.Dane,83 W.8th Street,applying for,permission to establish an old folks boarding home,is presented and read. This cownunication is referred to the Gilroy City Planning Commission. for study and recommendation. A communication is read from Peterson & Kazanjian requesting a Use Permit to conduct a public accounting service at 551 Sargent street. This matter is referred to the Gilroy City Planning Comm- ission for study and recommendation. A ~etter of thanks is read from the Church of Jesus Christ of Latter-Day Saints thanking the Council for the use of Wheeler ~ ..... ~ ~ ~ .... .. "'"""",'," - .........iA1 ."""'l\ ~,,_filf 1479 Auditorium for their December quarterly conference. A commuhication addressed the Mayor George C.Mi1ias from Assemblyman Bruce Allen stating that he had arranged for presentation before the February meeting of the State Highway Commission of the need for widen- ning 101 Highway from San Martin to Ford Road and requesting represent- ation from Gilroy.isTpresanted and read. The Mayor instructs to Clerk to to request that Assemblyman Allen/advise the Council of date, time and place of the meeting and that the city would be represented at the meet- ing. A communication is read from the Board of Supervisors of Santa Clara County relative to the city's co~nunication to the board on the subject of drainage of certain area northwest of Gilroy advising the Council that the matter was ordered referred to the County Engineer and Flood Control Eigineer for investigation. A communication is read,::_ from the Coast Counties Gas and Electric with reference to an extension :df:,,'a.:.lease:..'on a small parcel of property located at East and Old Gilroy streets and referred to the City Attorney . to draw up the necessary extension. A cOmITlunication is read from the Board of Trustees of the Gilroy Public Library stating that Mrs.Herbert Weavil1e has presented her resignation from the board and the board recommends the appointment of U.rs.Laddy Gross to Mrs.lfeaville's place on the board. The Mayor now recommends that Mrs.Laddy Gross be appointed a member of t he Board of Trustees of the Gilroy Public Library. Motion by Councilman Pate, seconded by Councilman White and carried that Mrs.Laddy Gross be appointed a member of the Eoard of Trustees of the Gilroy Public Library. The Clerk is instructed to advise Mrs.Gross of her appointment and to write a letter to Mrs.Weavi1le thanking her for her services. Tpe matter of closing Forest street from I.O.O.F.Avenue to Swanston Lanea,as requested by the Board of Trustees of the Gilroy High School District, is now discussed. Mr.F.B.Voorhies now appears before the Council to protest the closing of the street stating that it would be an inconvenience to him personally and that it would hinder movement of traffic in the event of a disaster. Mr.Stuart Fletcher,representing the Board of Trustees of the Gilroy High School District,now appears before the Council and states that the board has not asked for a complete closing of the street but re-routing. The Mayor now asks for discussion of the closing of Forest Street by 1480 members of the Council. Mr.Sandoe Hanna now appears before the Council to discuss the mat~r of closing the street from the angle of possible industrial development in the area. Motion by Councilman Rush,seconded by Councilman lfhite that Forest , Street be re-routed in the event of favorable 'lCtion by the voters approving bonds at the Gilroy High School bond election on April 20, 1954 and school buildings are built on the property as specified by the school trustees, the school district to provide a 60 foot right- of-way for a road from I .O.O.F . Avenue to Leavesley Road to form an Il extensiCbn of Murray Avenue;the street from I.O.O.F.Avenue: to Leaves- ley Road to be set to proper grade,graded,gravelled and paved to city standards,all cost to be borne by the school districtjthat Forest Street be closed from I.O.O.F.Avenue to SWanston Lane only;that ease- ments be provided for all utilities above or lying under Forest street from I.O.O.F.Avenue to Swanston Lane. ~ , ' , I ! .... The Mayor now calls for a vote on the motion and a roll ca1+ vote I is requested'and the Clerk is instructed to call the roll. Vote on motion: AYES: Councilmen Pate,Rush,White,Ronald. NOES: Councilmen Kennedy ,Gallo ABS~~:Counci1men None. IIIIII!! The Mayor now decaares the motion carried. The Building ~nspector now presents requests from Foster & Kleiser to erect two sigs boards-one of Southern Pacific property on Old Gilroy Street and one at the northwe st corner o'f Monterey and 7th Streets. This matter is referred to the Street Committee for action. i .... Mra.Ralph Costello who resides on Swanston Lane now appears before the Council and states that she along with other residing along Forest Street and Swanston Lane are interested in having Forest \. Street from Leavesley Road to Swanston Lane improved. A petition by property owners in the area presented to the Council on Vctober 5, 1953 is presented and re-read. Mrs.Coste11o is advised that some action will be taken but that for the moment the Council is interes- ted in the matter of the possible closing of Forest Street from I'.O.O.F . Avenue to Swanston Lane. ~ I I ..... The City Attorney now presents and reads ORDINANCE NO.513. Motion by Councilman White,seconded by Councilman Pate that ORD- INANIE NO.513 be adopted. ORDINANCE NO.~l~ AN ORDINANCE AMENDING ORDINANCE NO.480 OF THE CITY OF GILROY, COlllIMONLY KIJ01t'N AS THE TRAFFOC ORDINANCE,BY REPEALING SECTION 60 THEREOF RESTRICTll{G PARKING ON SIXTH STREET TO TEN MINUTES DURING 1481 CERl'AIN PERIODS. Vote on the motion to adopt ORDINANCE NO.513: AYES: NOES: ABSE}j"'T : Councilmen Pate,Rush,Kennedy,Gallo,V/hite,Ronald Councilmen None Councilmen None. The City Attorney now presents and reads RESOLUTION NO.311: --i Motion by Councilman Pate, seconded by Councilman Gallo that RESOLUTION NO.311 be adopted: ......., RESOLUTION NO.':\ll RESOnuTION OF THE COMMON COUNCIL OF THE CITY OF GILROY EXTENDING FRANCHISE AND AGREIDflENT BETWEEN THE CITY OF GILROY AND MESSRS.ACKER & SIMS FOR THE COLLECTION OF GARBAGE AND REFUSE IN THE CITY OF GILROY. ,.".-"..,..... WHEREAS, CHARLES R.ACKER and GILBERT SIMS do now have the franchise and right to collect and dispose of garbage in the City of Gilroy under a franchise and agreement heretofore granted and made by the City of Gilroy; and WHEREAS, the said franchise and ~reement will expire on the 12th day of December,1954;and WHEREAS, the said CHARLES R.ACKER and GILBERT SIMS require for the proper handling and disposal of garbage additional equipment which they should not purchase or secure unless they will have the continued collection and disposal of garbage in the City of Gilroy for a period beyond the said 12th day of December,1954,and they have represented to the said City to justify the purchase of such additional equipment that they should have the said franchise agreement extended for at least five (5) years from and after tge said 12th day of December,1954;and WHEREAS, the Common Council of the City of Gilroy is satisfied with the service rendered by the said CHARLES R.ACKER and GILBERT SI~~ in connection with the said collection and disposal of garbage and believes that the interests of the City will be served by the extension of the aforesaid franchise and agreemen~. NOW,THEREFORE,BE IT RESOLVED: That the said feanchise and agreement between the said City of Gilroy and CHARLES R.ACKER and GILBERT SIMS for the collection and disposal of garbage in the City of Gilroy be, and the same is hereby, extended for the additional period of five (5) years from and after the 12th day of December,1954,upon the same terms and conditions set forth in and applying to the present franchise and agreement. PASSED and ADOPTED the first day of February,1954, by the following vote: AYES: NOES: AB SENT: Councilmen Pate,Rush,Kennedy,Gallo,White,Ronald Councilmen None Councilmen None. I 1 ....,..- MAYOR < Attest: (3-CA. ~ City Clerk The City Attorney now presents and reads ORDINANCE NO.514. Motion by Councilman Vihite,seconded by Councilman Ronald that ORDINAlTCE '......... NO.5l4 be adopted. ORDINANCE NO.5'J.4 AN ORDINANCE AMENDING ORDINANCE NO.436 OF THE CITY OF GILROY REGULATING THE ERECTION,CONSTRUCTION,ENLARGEMENT,ALTERATION,REPAIR,MOVING,REMOVAL, CONVERSION,DEMOLITION,OCCUPANCY,EQUIPMENT,USE,HEIGHT,AREA.,MB MAINTENANCE OF BUILDINGS AND/OR STRtJ~HES IN THE CITY OF GILROY: PROVIDING FOR THE ISSUANCE OF PERfu"1:TS AND COLLECTION OF FEES THEREFOR;DECLARING AND ESTAB- LISHING FIRE DISTRICTS; PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AND REPAELING ALL ORDINANCES AND/OR PARTS OF ORDINANCES IN CONFLICT THEREWITH. Vote oJ! the motion to adopt ORDINANCE NO. 514: 1482 AYES, NOES: BBS&NT : Councilmen Pate,Rush,Kennedy,Ga11o,White,Ronald Councilmen None Councilmen None. The City Attorney now presents and reads ORDINANCE NO.515. Motion by Councilman Pate, seconded by Councilman Gallo that ORDINANCE NO.5l5 be adopted: ORDINANCE NO.,l5 AN ORDINANCE AMENDING SUBDIVISION NO.5 OF SECTION NO.240 OF THE MUNICIPAL CODE OF THE CITY OF GILROY,RELATIVE TO THE FIRE LIMITS, AND ESTABLISHING THREE FIRE ZONES. Vote on the motion to adopt ORDINANCE NO.5l5: ..... :\ ..... AYEs: NOES: ABSENT: Councilmen Pate,Rush,Kennedy,Gallo,White,Ronald Councilmen None Councilmen None. Councilman Gallo discusses the matter of cars parking on the side- walk in fron of the Gilroy Liquor !tore on Old Gilroy Street. It is agreed that the driveway portion of the sidewalk be painted red. A request from the manager of the Strand Theatre to park an army tank in the street iaunediately adj oining the entrance to the theat.re on February IB,1954 from 6 o'clock P,M.is presented by the Mayor. The City Marshal is present and is notified and instructed to provide the necessary parking space as requested. ..., The Mayor now discusses the matter of cars parking on the streets .J of the city for long periods of time.The City Marshal states that they are ",a'bching this matter and will have cars removed if owners cannot be located. Councilman White discusses a request from Pictsweet brands for a year three/lease on a portion of the sewer farm property leased to them for the past year. The City Attorney is instructed to draw the necessary lease to run for a period of three years. A communication is read from the Gilroy City Planning Commission stating that they recommend the annexation of a strip of land 330 feet in depth by 2002.18 feet long lying west ofthe present west city limits west of Miller Avenue as agricaltural land as discussed with Mr.M.J.Filice of the San Martin Sales Company. It is stated that the recommendation,concurred in by Mr.Filice,takes in more land than he originally requested from the County Boundaries Commission and it would be necessary for him to get another app~oval from that .... I lIIIlIIIi Commission. A communication is read from Logan and Frazer,city auditors,stating that they had examined the city's books of record and account for the quarter ending December 31,1953 and had found everything in good order. This communication is ordered filed. 1 I . 1483 The report of the County Controller of fines collected for the month . .. of December,1953 is presented and read and ordered filed. The report of the Building Inspector for the month of January,1954 is presented and read and ordered filed. The report of the Paundmaster for the month of January,1954 is presen'- ed and read and oredred filed. The report of the Gilroy Police Department of arrests and report of traffic citations for the month of JanuarY.~954 os presented and read and ordered filed. Reports of city officers are presented and read. Motion by Councilman Ronald,seconded by Councilman Pate and carried that the reports of city officers be accepted as read and ordered filed. Motion by Councilman Pate,secoD4ed by Councilman White and carried that bills as presented be allowed and warrants ordered drawn on the Treasurer. There being no further business to come before this meeting the Mayor now declares this meeting adjourned. (5. (\,~ City Clerk /..