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Minutes 1954/03/01 . 1483 Gilroy,California March 1,1954 This regular monthly meeting of the Common Council is called to order // by His Honor Mayor George C.Milias. Present:Counci~en Car1W.Pate,Court1and M.Rush,J.Hughes Kenneqy,Charles Gal1o,George W.White,Jack W.Ronald. The Mayor now asks if Councilmen have received copies of the minutes of the meeting of February 1,1954 seat to each CounciLman by the City Clerk. All Councilmen answer in the affirmative. The Mayor now aSks if there are any errors or corrections in the minutes as received. Motion by Councilman Pate,seconded by Councilman White and carried that the minutes of the meeting of February 1,1954 be accepted and approved. The City Clerk now pres~ts a request from the Pacific Telephone and Telegraph Company for cer~ain changes to the specifications in their p:!rmit to lay coaxial cable on the east side of Eigelberry Street from First Street to Tenth Street,namely to reduce the specifications re- quirement from a two inch saw cut to a Ii inch saw cut in concrete pavement and elimination of the provision for the saw cut to be made six inches outside the edges of the proposed trenching. After some dis- cussion it is unanimously agreed that the original specifications saall stand. 1484 , Resolution No.5l of the City Planning Commission is presented and . read: rlRESOLUTION NO.51 OF THE CITY PLANNING COMMISSION OF THE CITY OF GILROY REPORTING jFINDING, AND RECOMMENDING UPON PROPOSALS TO AMEND_ ZONING ORDINANCE NO.422 OF THE CITY OF GILROY BY CHANGING THE BOUNDARIES OF ZONE ttB- AND ZONE .C-l" ,AND BY ELIMINATING PARA- GRAPHS 2,3 A11D 4 OF SUBDIVISION ic) OF SECTION 3 OF ORDINANCE N6.468 ESTABLISHING SECTION 7i AMENDING ORDINANCE 00.422. Motion by Councilman Pate,seconded by Councilman Gallo and carried that rec:ollllllendations o:t the City Planning Commission o:t the City'o:t 'f n Gi1roy,as embodied in their Resolution No.5l, be accepted as read. ~ RESOLUTION NO.2l3 is presented and read. The Building Inspector discusses the provision for electric signs as embodied in Ordinance NO.468 in view of the proposed cha~~e in the Ordinance. Motion by Councilman Pate,seconded by Councilman Rush that RESOLUTION NO.3l3 be adopted. RESOLUTION NO.~13 RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF GILROY FIXING TIME AND PLACE OF HEARING REPORT AND RECOMMENDAT ION OF THE CITY PLANNING COMMISSION OF THE CITY OF GILROY UPON PROPOSALS TO AMEND ZONING ORDINANCE NO.422 BY CHANGING THE BOUNDARIES OF ZONE -BIt AND ZONE "C-l" AND BY ELIMINATING PARAGRAPHS 2,3, AND 4 OF SUBDMSION (c) OF SECTION 3Z0F ORDINANCE NO.468 ESTABLISHING SECTION 7-1/2 AMENDING ORDINANCE NO.422. WHEREAS, there has been heretofore referred to the City Plann- ing Commission of the City of Gilroy the matter of amending Ordinance No.422 of thEt' City of Gilroy,commonly known as the Zoning Ordinance, I by taking from Zone ttB" Di strict and placing in Zone ttC-l" District as said Zone's and Districts are defined and described in said Ord- inance,the following described premises situated in the said City o~ Gilroy,County of Santa C1ara,State of California,to-wit: Beginning at a point on the Southerly line of First Street distant t hereon,lll.50 feet westerly from its intersection with the westerly line of Rosanna Street and running thence in a southerly direction at right angles to First Street 63.00 feet;thence at right angles in an easterly dir- ection to the westerly line of Rosanna Street and thence in a northerly direction along said line of Rosanna Street to the southerly line of First Street; thence along said \vlinerii)lsterly to the point of beginning. ALSO,beginning at the point of intersection of the southerly line of First Street with the Easterly line of Rosanna Street and running thence in a southerly direction along the easterly line oft Rosanna street 70.00 feet;thence in an easterly direction at right angles to Rosanna Street 140.00 feet to an a1ley;thence in a northeasterly direction across ,said al~ey to a point on the easterly line of said alley distant thereon 60.00 feet southerly on the south line of First Street;thence at right angles to the easterly line of said alley in an easterly direction to the westerly line of Church Street;thence across Church Street in a northeasterly direction to a point on the easterly line of Church Street distant thereon 50.00 feet southerly from the southerly line of First street;thence at right angles to the east line of Church street in an easterly direction 150.00 feet; thence at right angles in a northerly direction to the southerly line of First Street;thence in a westerly direction along the southerly line of First Street to the point of beginning. IIIIIII! . ~ ~ ..... : 1 .... 1485 and WHEREAS, the said Planning Commission of the City of Gilroy of its own initiative,has proposed that said Ordinance No.422 as amended be further amended by eliminating Subdivision (b) of Section NO.7-l/2 there- of as set forth in Section 3 of Ordinance No.46B amending said Ordinance relating to the set-back distance of buildings from the property line in MC-I~ Districts,and also eliminating Paragraphs 2,3 and 4 of said Sub- division (c) of Section 7-1/2 as established and set forth in Section 3 of Ordinance No.46B amending Ordinance No.422;and WHEREAS, the said City Planning Commission of the City of 8ilroy has heretofore by Resolution fixed the 19th day of February,195'4,at the hour of 8:00 o'clock p.m. at the Council Chambers in the City Hall,Gilroy, California,as the time and place for hearing objections to the said pro- posed amendments and notice thereof was given in accordance with law and the ordinances o;f t he City of Gilroy;and - WHEREAS, the said hearing has been held and the City Planning '. Cpmmission of the City of Gilroy has duly made its report,findings and recommendation to the Common Council of the City of Gilroy in which it recommends that the said Ordinance be amended in accordance with the said propOSals;and WHEREAS, the law requires that a hearing be had before the Common Council of the City of Gilroy on the said proposals and that notice thereof be given in accordance with law. , - NOW,THEREFORE,BE IT RESOLVED: That a public hearing be had before the Common Council of the City of Gilroy on the said proposals to amend said Ordinance in the foregoing particulars, on the 15th day of March,1954, at the hour of 8:00 o'clock p.m. in the Common Council Chambers~in the City Hall,Gilroy,California, and that notice of the said hearing be given in accordance with law. PASSED and ADOPTED on the first day of March,1954, by the follow- ing vote: AYES: NOES: ABSENT : Councilmen Pate,Rush,KenneQy,Bal~o,White,Ronald Councilmen None Councilmen None. ~YOR e ~ '- Attest: ~{1.~!lt= C ty Cler A communication is read from PictSweet Foods,Inc.requesting a renewal of a lease they had in 1953 on three acres of land located on the City Sewer Farm property, for a period of three years. RESOLurION NO.314 is presented and read. Motion by Councilman White,seconded by Councilman Kennedy that RESOLUTION NO.314 be adopted. RESOLUTION NO.114 t1I~' '''''II Be it resolved that the City of Gilroy enter into a certain lease ( wi th the PICTSWEET FOODS,INC., for the term of three (3) years beginning the 16th day of November,1953 at the annual rental of One Hundred Fifty and no/lOO ($150.00) Dollars covering the following described premises belonging to the City of Gilroy,located in the County of Santa Clara, State of California, to-wit: That certain three (3) acres of land located in the Northeast portion of that part of the premises located west of the Llagas Creek known as the "Sewer Farm'., belonging tb the City of Gilroy,situated about theee and one-half (~) miles Southeast of the City of Gilroy,said three (3) acres being bounded on the north by a road on the said "Sewer Farmlt along the North- erly line,on the South and East by the Levee along the Llagas Creek, and on the West by the old Gentry Garbage Dump. Be it further resolved that the conditions of said lease be sub- stantial~y the same as the lease heretofore made by the City of Gilroy and the said PICTSWEET FOODS,INC. dated the 31st day of March,1953 and expiring on the 15th day of Nmvember,1953,except as to term. j ; ~",""" 4 ;<l 8 ,~. .l.t:.!: t) Be it further resolved that the Mayor of the City of Gilroy is authorized to execute said lease on behaJ.f of the City of Gilroy-. ADOPTED AND PASSED this 1st day of March,1954, by the foll.wing vote: AYES: NOES: ABSE:NT : Councilmen Pate, Rush ,Kennedy, Gallo ,White, Ronald Councilmen None Councilmen None. ~MAY~ ~ Attest: c~/~ A communication is read from the Santa Clara County Committee For ...... J .i..: Ri Grade Crpssing Safety relative to proceedure to participate in the $5OQ~OOO. allocated by the State to assist cities in financing theirp:>rtion of the share of grade crossing protection. Motion by Councilman Kennedy,seconded by Councilman Pate and carried that the Clerk write a letter to the Southern Pacific Company requesting a meeting with company officiaJ.s to discuss protection for the crossing at Ninth street. A communication is read from the President of the Senior Class of Gilroy High School requesting use of Wheeler Auditorium for the annual variety show on March 26th and 27th. Motion by Councilman Kennedy,seconded by Councilman Gallo and carried that the Senior Class of Gilroy High School be granted free use of Wheeler Auditorium on March 26th and 27th,1954 for tha. o annual vapiety show. A communication from the Division of Highways to City Engineer W.J.Hanna with reference to moving a fire hydrants and meter boxes on Monterey Street as part of the Monterey Street widening,is pre- sented and read. It is unanimously agreed that the contractor for the Division of Highways for the Monterey Street widening shall move the fire hydrants and meter boxes and meters under city supervision. A communication is read from the Division of Highways.with ref- erence to the routing of traffic over Eige1berry Street during .... the Monterey Street widening and setting forth the method of pro- :1 .. ceedure during the actual construction activities. This matter is discussed at. length and it. is agreed that the Division of Highways should be advised that. the Council does not want. the re-routed traffic t.ravelling on Eigelberry Street during the time the Pacific Telephone and Telegraph Company is placing the underground conduit struct.ure for coaxial cable on Eigelberry Street and that adequate lighting should be provided for Monterey 1487 Street during the construction period. The matter of designating certain streets as STOP streets during the construction period is discussed and it is unanimously agreed to turn this matter over to the Street and Fire Committees and the City Marshal for investigation, report and recommend- / ation. /W'",C.-.... The City Clerk now presents and reads "Notice of Election U Notice is hereby given that a regular municipal election will be held in the City of Gilroy, County of Santa Clara, State of California on Monday, the 3rd day of May,1954, for the following officers, full term: City Mayor City Clerk City Treasurer City Marshal and six Common Councilmen ...... ..."'.., There will be three voting preclincts for the purpose of holding the election consisting of a consolidation of the regular precincts estab- lished for holding State and County e1ection,as follows: Consolidated voting precinct It Ad, comprising State and County regular election precincts numbers three,eight and ten, and the polling place thereof shall be the Jordan School located on the west side of Hanna Street between Second Street and Third Street;con80lidated voting precinct "B",comprising State and County regular election precincts numbers one, two,four and nine, and the polling place thereof shall be the Fire House located on the north side of Fifth Street between Monterey Street and Eige1berry Street;conso1idated voting precinct "Cd,comprising State and County regular election precincts numbers five,six and seven, and the polling place thereof shall be the City C1erkls office,City Hall Build- ing,3 East Sixth Street,Gilroy,Ca1ifornia. Notice is also hereby further given that at said election the polls will be open from the hour of 7 o'clock A.M. to the hour of7 o'clock P.M. ,on the day thereof;tpat during said hours said election will be held and conducted at the legally designated polling place~ each election precinct in said City of Gilroy,as hereinafter set forth;and ~at the polling places in the several election precincts and the names of the several persons who have been appointed to serve as election officers for the conduct of said election in their respective election precincts,as named, selected and-designated by the Common Council of said City of Gilroy,as provided by law,are as fOllows,to wit: Name of Precinct "Ad Location of Polling Place I l... Inspector Judge Jordan School located on the west side of Hanna Street between Second and Third Streets. Precinct Board Mary A.Hoi~enback Mamie Sgheiza Clerk Elaine Gothot Clerk Kathryn J.Campbe11 Clerk Jewell B.Devitt Name of Precinct dB" Location of Polling Place Inspector Judge Elsie Cotta Mary W.Harrison Fire House,Fifth Street between Monterey street and Eige1berry Street Precinct Board ' ,........ i i I...... Clerk Marion F.Eustis Clerk Leola Griffin Clerk Mary Howorth Name of Precinct ,tc" '. Loeation':of Polling Place City Clerk's office,City Hall Building, 3 East Sixth Street,Gilroy,California. Precinct Board Inspector Nina Avery Judge Lila Ramezane Clerk Mabel Otto Clerk Helen Garcia Clerk Margaret Ghirlanda. Motion by Councilman Pate,seconded by Councilman Ronald and carried that the Notice of Election as presented and read by the City Clerk be accepted as read and that off1cials,pol1ing places, time for opening closing of pol~s be as set forth in the notice and that the notice be 1488 be published as required by law. The report of the Poundmaster for the month of February,1954 is presented and read and ordered filed. The report of the Building Inspector for t he month of February, 1954 is presented and read and ordered filed. The report of water samples taken by the Santa Clara County L; Health Department are presented and read and ordered filed. Notice of application for an On Sale Beer License from Frank Alessio,d.b.a.Pal's C1ub,36 S.Monterey Street and On Sale Beer and Wine License from Wong Ling Fung,d.b.a.China Cafe,139 5.Monterey street, are presented. . No objection is made. The report of the County Controller of fines collected for the month of January,1954 is presented and read and ordered filed. The report of arrests and traffic citation issued by the Gilroy Police Department for the month of February,1954 is presented and read and ordered filed. The report of gross revenue and franchise tax return of the Gilroy Telephone Company for the year 1953 is presented and read and ordered filed. Mr. Jack Howson of Howson Brothers,now appears before the Council and presents a map showing the extension of Church Street from its present terminus to the property of Howson Brothers and thence in an easterly direction to Monterey Street. Motion by Councilman Pate, seconded by Councilman lfili te and carried that the map of the proposed extension of Church Street be referr- ed to the City Planning Commission for investigation and recommend- ation. Reports of '"city officers are presented and read. Motion by Councilman Rush,seconded by CounciLman Pate and carried that the reports of city officers be accepted as read and placed on file. Motion by Councilman Pate,seconded by Councilman ~bite and carried that bills as presented be allowed and warrants ordered drawn on the Treasurer. The CityAttorney now presents and reads Ordinance No.516. The chairman of the Water Conmittee reports that his committee rec~nmends the adoption of the Ordinance as read. Motion by Councilman Ronald,seconded by Councilman Kennedy ahat ORDINANCE NO.?1b be adopted. ".,u,....<;.,~~";..,w,"">":H',,,,..i~M'i<".'~#~iii\;l,;;,~.Wi,.,,>i'.....,;,.~~.,:"-..~,'"""';",.,,..""~.,',.;.,..,.,.,"+.,'""'"",'.".d,..,"'";~""'"';""''''."',.".,.,,,. .-, ,;,,,,,,,,,,",_,,,",,~'",iM'';'',''_''''''''''';'<':'''';;'''';'_,,",,,,,,;,,;;~~. '_'Inl' '1\IlMlIl7'"~ -_I">"'_-'.~. ')' .~ .:J ~~-"'-""'_." ~ . j .... ( Q o - 1489 ORDINANCLNO~ <RDINANCE OF THE COMMON COUNCIL OF THE CITY OF GILROY AMENDING ORDINANCE NO.479 EASTBLISHING THE OFFICE OF WATER COLLECTOR, PROVIDING FOR DUTIES THEREOF,AND ESTABL1lrSHING REGULATIONS,RULES,RATES,CHAffiES,FEES,SERVICES AND PENALTIES FOR THE USE OF WATER SUPPLIED BY OR THROUGH THE WATER DEP ARTMEN'r OF THE CITY OF GILROY BY INCREASING THE CHARGES FOR INST ALL- ATION FOR WATER SERVICE WITHIN THE CITY LIMITS AND FIXING CHARGES FOR REPLACING METERS OR M OYING THEM. Vote on the motion to adopt ORDINANCE KO.,16: AYES: NOES: ABSENT: Councilmen Pate,Rush,Kennedy,Gallo,White,Ronald Councilmen None Councilmen None Ie The City Attorney now presents a Deed from California Pacific Title Insurance Company to the City of Gilroy for Lot 82 in Tract 1046, Renz Addition, the deed specifying tha t the land is to be used for -{' park purposes. ,,..,..CC;<,il, I I I L r"~'"'-~ I U Discmssion follows the presentation of the deed. The City Attorney now presents and reads RESOLUTION NO.315 Motion by Councilman Kennedy,seconded by Councilman Gallo that RESOLUTION NO.315 be adopted RESOLUT~QN NO.3l~ BE IT RESOLVED by the Mayor and Common Council of the City of Gilroy, that the said City of Gilroy hereby accepts the attached conveyance and consents to the recordation thereof. PASSED,APPROVED AHD ADPOTED this 1st day of March,1954 at the regular monthly meeting of the Common Council of the City of Gilroy. AYES: NOES: ABSENT : Councilmen Pate,Kennedy,Gallo,Ronald Councilmen Rush,iVhite Councilmen None ~ R.. ~.~~ The City Attorney now presents and reads RESOLUTION NO.316 Motion by Councilman Pate,seconded by Councilman Kennedy that RESOLUTION NO.3l6 be adopted. RESOLU1!ON NO.1~6 RESOLUTION NO.316 OF THE COMMON COUNCIL OF THE CITY OF GILROY REDUCING THE AMOUNT OF BOND GIVEN BY OWNER OF '.W AYLAND LANE TRACT- FOR FURNISH" ING AND INSTALLATION OF SEWER AND WATER MAINS,SIDEWALKS,CURBS aND GUTTERStAND THE GRADING ,OILING AND LEVELLING OF STREETS AND ALLEYS. WHEREAS, GEORGE C.RENZ has heretofore fUrnished to the aity of Gilroy and executed bond of the United Pacific Insurance Corporation in the sum of $24,000.00, dated May l4,1952, which bond is conditioned upon and was issued to secure the performance of an agreement by GEORGE C.RENZ and DONALD W.RENZ that they would furnish and install sewer and water mains, sidewalks, curbs and gutters,and grade,oi1 and ~ level streets and alleys,al1 in Tract of land known as Tract No.97l nWajrland Lane Tractf' ; and WHEREASt the said GEORGE C.RENZ and DONALD W.RENZ have performed all of the work and inst,alledall of the facilities and done all of the things required to be done under the aforesaid agreement and secured to be performed by the said bond e.cept the oiling of certain ~. 1490 alleys in the aforesaid Subdivision;and WHEREAS, the Co~non Council of the City of Gilroy has been in- formed by the aity Engineer of'the City of Gilroy that it will not cost in excess of $1,500.00 to complete all of the work and furnish all of the materials secired to be performed and furnished by the aforesaid bond,and the penal sum of said bond can be safely reduced from the sum of $24,.000.00 to the said sum of $1,500.00 NOt'l,THEREFORE,BE IT RESOLVED: That the penal. sum of said bond be reduced from the said sum of $24,000.00 to the said sum of $1,500.00, and that a certified copy of this Resolution be furnished to the United Pacific Insurance Corporation. PASSED and ADOPTED this 1st day of March,1954, by the fOllowing vote: AYES: NOES & lIlISENT : Councilmen Pate,Rush,Kennedy,Gallo,White,Ronald Councilmen None Councilmen None ~~. \,:' MAYOR ~ ( I~"J Attesn ~.~.~ City Clerk The City Attorney now presents a resolution which requests a permit to operate a municipal water system and it directed to the State Department of Public Health. Motion by Councilman Pate, seconded by Councilman Ronald and carried that the matter of application for a permit to operate a municipal water system from the State Department of Public Health be tabled for the time being. Motion by Councilman Pate, seconded by Councilman Kennedy and carried that Renz Construction Company be paid the sum of $1121.33, the balance due o~ the ~provement of Rosanna Street and Tenth street. The Mayor announces that the City Engineer has the plat of the proposed widening of Monterey Street as furnished to him by the Division of Highways and the Mayor now invites the Councilmen and any others interested to view the plat . At this p oint the meeting adjourns with the Mayor and Councilmen jointgg in on a discussion of the plat presented by the City Engineer. (6. ~. ~ City Clerk