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Minutes 1954/06/21 ., 1518 Gilroy, California June 21,1954 This regular adjourned meeting of the Common Council is called to order By His Honor Mayor George M.Mason. Present:Councilmen Carl W.Pate,Charles Gallo,J.Hughes Kennedy, Courtland M.RuSh,Kenneth L.Petersen,Segundo Sanchez. The Mayor now ca1lsx upon Dr.James Neilson,representing the Little League Baseball committee, to appear before the Council. Dr. Neilson requests that the $IOO.OO fee for a l~ inch water meter at the Little League baseball grounds be waived by the city. It is agreed to discuss this matter at a later date. Councilman Sanchez reports on his fi~dings with reference to Miller Slough south of the outlet pipe of the Eighth Street Out- fall Storm Sewer and his discussion with Dr.E.J.Chesbro a member of District It-'lood Control Committee. Councilman Sanchez also reported that he investigated the channeL,,_ from Pacheco Pass Road to its termination and found that two-thirds of the ditch should be cleaned and deepened;also that he believed that P.M.A.help may be available. Mr.Robert Byers,one of the land owners protesting about the large amount of water that wil~ be placed upon his land,along with adjoining land,as a result of the construction of the Eighth Street Outfall Storm Sewer, now appears before the Council and dis- I cussesses the effect of the additional volume of water that will flow upon his land. Mr.Albert Vosti,representing Gentry,Inc.,states that his only interest in the matter was the diversion of the stonn water at the and of the pipe line opposite the Gentry plant. W.J.Hanna,Jr. of th~ City Engineer's office assures Mr.Vosti that this has been taken care of. I ~ ......,,'.. I I ~... . 1519 ~~.Hanna also discusses the engineering on the proJect of widening and deepening o'f the Miller Slough channel. Mr.Frank Sera'fin,one o'f the land owners in the area under discussion asks about the 'financing and engineering on the project. Mr. James Hirasaki ,another land OWIIIer in the area, is called upon but states that he has nothing to add to what has been said. It is agreed that the Committee investigate all avenues o'f approach on the matter o'f 'financing and engineering and the i\ilayor asks the land owners i'f they would be willing to request the Soil Conservation District to make the engineering survey. All answered in the affirmative. Councilman Kennedy states that he believes the entire matter 18:.1{;.; pr9Pert.y Qwners. projeetbut the~ city should:.cQoperate. '.: .'. Councilman Pate states that he has investigated to License ordinance with reference to the request of Ca1 Coast Distributors request 'for a reduction in the $32.00 per year license charged for Motor Transportation of Merchandise and recommends that there be no exceptions to the ordinance. It is unanimously agreed that Cal Coast Distributors be advised that there can be no deviation 'from the provisions of the license ordinance. Councilman Rush reports on his committee's meeting with the Police Department with reference to certain requests made the the .members. ,of the department. stating that the most important item was a 40 hour week. The City Marshal is called upon by the Mayor and he states that he has not worked out a schedule for a 40-hour week and is not able to report on what additional personnel would be needed.tTraffic Officer Dan Lemos states that one additional officer would be needed to carry out a 4Q-hour week schedule. It is unanimously agreed to call a meeting to discuss the 40-hour work week for all city employees. Motion by Councilman K ennedy,seconded by Councilman Pate and carried that a closed meeting be held on Monday,June 28,1954 at 8 o'clock P.M., Council Chambers,City Ha~, to discuss personnel prob~ems. A report o'f uncollectible accoounts 'from the water department covering the period June 30,1953 to May 31,1954 is presented and read. Motion by Councilman Petersen,leconded by Councilman Rush and carried that the sum of $'1.70 be written off as uncollectible acounts in the water department,as recommended by the Water Collector. A memorandum o'f agreement for expenditure of gas tax money for 195~ is presented,read and dicsussed. The proposed budget calls forthe expenditure of $15 ,367.81 for the resurfacing of Hanna Street from Broadway to Sixth street and $6,104.00 for maintenflIlce o'f major city 1520 and secondary streets. The matter of the improvement of Fifth Street between Princevalle Street and Miller Avenue by the construction of curbs and gutters along the north side of the street is discussed and it is agreed that the Building Inspector contact the property owners residing on the north side of the street to ascertain if they are interested in having curb and gutter constructed in front of their property. RESODUTION NO.326 is presented and read. ] Motion by Councilman Kennedy,seconded by Councilman Pate that RESOLUTION NO.326 be adopted. RESOI"UTION NO.~26 RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF GILROY ADOPTING BUDGET AND APPROVING MEMORANDUM OF AGREEMENT FOR EXPENDITURE OF GAS ALLOCATION FOR MAJOR CITY STREETS. WHEREAS, a memorandum of agreement has been presented to be entered into with the State of California in accordance with a project statement. submitted by the City of Gilroy for expend- iture of the gas tax allocation to cities for the fiscal year 1955,and WHEREAS, the Common Council has heard read said agreement in full and is familiar with the contents thereof; THEREFORE, be it resolved by the Common Council of the City of Gilroy that. said project statement be and is hereby adopted as x the budget of proposed expenditures of gas tax al~ocation to cities, and said agreement be and the same is hereby approved and the mayor and the city clerk are directed to sign the same on behalf of said city,said agreement to be binding upon the City upon its execution by the authorized officials of the State. ADOPTED and PASSED this 21st day of June ,1954 by the following vote: AYES: NOES: ABSENT}. J Councilmen Pate,Gal1o,Kennedy,Rush,Petersen,Sanchez Councilmen None Councilmen None ,r, ~~L~tp' ,~ () " Attest: c~y' CArr! A Utilities Agreement between the City and the State of California, Division of Highw~s, with reference to the moving of water meters and fire hydrants on Monterey Streea in connection with the Monterey street widening project is presented by the City Attorney and dis- cussed. Irvin otto,Water Superintendent, is aalled upon the disauss the ] moving of water meters and extension of services connected with this operation. It is unanimously agreed that no action be taken on the Utilities Agreement presented by the Division of Highways. surfacing of the Councilman Pate reports that t he "road to the sewer farm via Luchessa Ave. is completed and in fine condition3 and states that the County cooperated greatly in getting this work done. 1 I i 1521 Ci ty Attorney Sydney Johnson reports that he has fi1ed&-.demurrer in the case of Irvin Ho1Iister~vs.the City of Gilroy et a1 and explains the legal aspects of his action. Mr.George Kane of the Gilroy Evening Dispatch now appears before the Council to discuss the Council's action with reference to calling a closed meeting for Monday,June 28,1954 stating that he believed the Brown Act was not being followed. After considerable discussion as to the legality and the meaning of the act and lV'a-.Kane stating that any- thing the Council did not wish to have published as a result of this meeting he would honor that request, Councilman Kennedy requests per- mission to have his original motion withdrawn. Councilman Pate,who motion, seconded Councilman Kennedy's original/now consents to E6uncilman Kennedy's request to withdraw the motion. Motion by Councilman Kennedy,seconded by Councilman Petersen and carried that the Council meet as a Police Committee on Monday,June 28,1954 at 8 0'c10ck P.M.,in the Co~cil Chambers,City Hall, and that the newspapers be invited to attend. There being no further business to come before this meeting the Mayor now dea~aresthis meeting adjourned. cfJ .~~W /