Minutes 1954/09/07
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Gilroy, California
September 7,1954
This regular monthly meeting of the Common COWlcil is called
to order by His Honor Mayor George M.Mason.
present:Councilmen Carl W.Pate,Char1es Gallo,J.Hughes Kennedy,
Courtland M.Rush,Kenneth L.Petersen,Segundo Sanchez.
The Mayor now ~sks if all Councilmen have received copies of
minutes of the regular monthly meeting of August 2nd and the
regular adjourned meetings of August 9th and August 23rd,1954.
All COWlci1men answer in the affirmative.
The Mayor now asks }f there are any errors or corrections to
be made. No errors or corrections being noted in the minute~ of
the regular monthly meeting of August 2nd and the regular ad-
journed meetings of August 9th and August 23rd,1954 these
minutes are declared approved.
The Mayor now asks Councilman Sanchez if he has anything further
to report on the Miller Slough drainage matter. Councilman Sanchez
states that he has not had an opportunity to discuss this matter
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fully w~th property owners concerned but had d1scussed the matter
briefly with Mr.Robert K.Byers,one of the property owners involved.
RESOLUTION NO.333 is now presented and read.
Motic;lll by Councilman Kennedy, seconded by Councilman Gallo that
RESOLUTION NO.333 be adopted.
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RESOLUTION NO.~~~
RESOLUTION OF THE COM1.rON COUNCIL OF THE CITY OF GILROY AUTHORIZING
EXECUTION OF AGREEME11T WITH THE SOUTHERN PACIFIC COMPANY FOR THE
CONSTRUCTION A STORM S~NER OVER,IN AND U1~ER PROPERTY OF SAID SOUTHERN
PACIFIC Clln'ANY.
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\VHEREAS,the City of Gilro~ is causing to be constructed a storm
sewer known as the ItEighth street Outfal11l, a portion of which must
cross the premises of the Southern Pacific Company in the City of
Gilroy; and
VlHEREAS, the said Southern Pacific Company has submitted to the
Mayor and Common Council of the City of Gilroy a form of licensing
agreement p: rmitting the City of Gilroy,its agents,and employees entry
upon its said premises for the purpose of constructing the said storm
sewer under the terms and conditions therein set forth and has requested
execution of the said agreement by the City of Gi1roy.;and
WHEREAS, the said agreement has been considered by the Mayor and
Common Council of the City of Gilroy and they believe that the said
contract is proper and should be executed.
NON, THEREFORE, BE IT RESOLVED:
That the said agreement be entered into and th at t he same be
executed by the City of Gilroy and on its behalf by the M~or.
PASSED and ADOPTED the 7th day of September,1954, by the following
vote:
AYES:
NOES:
ABSENT:
Councilmen Pate,Gallo,Kennedy,Rush,Petersen,Sanchez
Councilmen None
Councilmen None
Attest:
G.(A.~
City Clerk
A bill in the amount of .$J.54 for additional expense in connection
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with referee IS hearing in the case of Jeffrey K.Armsby,et al.,vs.
James Rowland Lowe,et ale ,City 0 f Gilroy,plaintiff in Intervention,
is pre~sented.-
Motion by Councilman Pate,seconded by Councilman Kennedy that the
bill in the ~lount of $3.54 for expense in connection with the referees
hearing in the case of Jeffry K.Armsby,et al.,vs. James Rowland Lowe,
et al.,City of Gilroy,P1aintiff in Intervention, be paid.to the Depart-
ment 0 f Public ;~orks,Division of Water Resources.
....,. The,:Mayor now instrurcts the Clerk to open bids for two new police
cars notice calling for bids having been mailed to all local automobile
dealers.
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Two bids are presented and read: Jack W.Ronald-Studebaker-for two
1955 Studebakers,Mode1 Custom Commander V-8-4 door sedans-$2678.72
cash and two 1953 Plymouth sedans; Byers Brothers-for two new make
Ford 6,Mode1 Mainline 4-door sedan automobi1es-$2995.66 cash and two
1953 Plymouth sedans; two new Ford Police v8 Imnerceptor 4-door sedans-
15413376.45 cash and two 1953 Plymouth sedans.
Motion by Councilman Kennedy,seconded by Councilman Pate and carried
that the bid of Jack W.Ronald-Studebaker-in the amount of $2678.72
cash and two 1953 Plymouth sedans owned by the City for two 1955
Studebakers,Mode1 Custom Commander v-8 4-door sedan automobiles
delivered acc~ding to specifications,be accepted as the lowest and
best bid.
The annual audit report. of Logan and Frazer,certified public , ]
accountants, City auditors,for the fiscal year 1953-1954 is presented
and the letter of transmittal presented and read. The audit report
is ordered filed.
A communication is read from Logan and Frazer,certified public
accountants, offering to audit the city's books of account and
record for the fiscal year 1954-1955 for the sum of $300.00.'
Motion by Councilman Sanchez, seconded by Councilman Pate and
carried that the offer of Logan and Frazer,certified public
accountants,American Trust Bank Building, San Jose,California,to
audit the city's books of account and record for the fiscal year
1954-1955,with audits to be made quarterly and final audit report
made at the end of the fiscal year, for the sum of $300.00,be
accepted.
A communication is read from the Board of Trustees of the Gilroy
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Public Library stating that Mrs.Lorraine Gross has resigned from
the board due to the fact that she is leaving the city and recommend-
ing the appointment of Mrs.Lillian Pine to rep~e Mrs.Gross.
Motion by Councilman Sanchez,seconded by Councilman Petersen and
carried that the recommendation of the Board of Trustees of the
Gilroy Public Library be accepted and that Mrs.Lillian Pine be
appointed to the board to replace Mrs.Lorraine Gross,resigned;that
Mrs.Gross be sent a letter of t hanks for her services.
A communication is read from the Southern Pacific Company appJying
for a pennit to construct and industrial spur track across 9th
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Street to serve the Filice warehouse.
Mr.Robert A.Lathrop,assistant engineer, Southern Pacific Company,
now appears before the Council to answer questions asked by the
Councilmen with reference to the spur track.
The matter of protection at the crossing with some type of
visible signal is discussed;Mr.Lathrop offering the loan the
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railroad company's vehicular tra~~ic counting device to secure an
accurate tra~fic count at this crossing, stating that the Public Utilities
Commission would accept a count made with this device to determine
the possibility of the city's participation in funds allocated by the
State and admi~istered by the Public Utilities Commission for grade
crossing protection.
The City Attorney is instructed to prepare a ~esolution granting
the spur track permit as requested by the railr:bad company.
Mr.Roy O.Mead,loca1 manager for the Pacific Gas and Electric Company,
now appears- before the Council to discuss a lease recently entered into
between the City and the Coast Counties Gas and Electric Company,~or
property located at the northeast corner of East and Old Gilroy streets,
there being no provision in the lease for assignment or trans~er.
It is unanimously agreed that the Pacific Gas and Electric Company
draw a new lease and submit it to the Council for approval.
Mr.E.J.Wil1its,district engineer for the tide Water Associated Oil
CompanJ,:>,now apll? ars before the Council to discuss the placing of new
underground gasoline storage tanks at their service station at the
southwest corner of Fourth and Monterey streets.
Members of the Council and the Building Inspector join in the dis-
cussion Mr.Willits stating that the company would place the tanks on
the property at any place designated by }he city and from a drawing
presented to the Council the location of the new tanks was definet1y
placed.
The City Clerk now presents requests for transfers between funds.
Motion by Councilman Gallo, seconded by Councilman Sanchez that the
sum of $6,810.99 be transferred from the Water Fund to the 1934 Water
'Bond Fund.
Motion by Councilman Sanchez, seconded by Councilman Pate and carried
that the sum of $10,828.97 be transfe~ed from the Water Fund to
the Water Line Replacement Fund.
The matter o~ earmarking the $33 ~OOO.OO in Series "GIt War Bonds
owned by the city for use in rebuilding the water transmission line
from the dam on the Uvas Creek to the reservoir is discussed and the
City Attorney is instructed to prepare a resolution setting these
bonds aside for the work on the dam to reservoir pipe line.
The City Marshal recommends that Joseph Biafore,bow serving as
a Special Officer, be made a regular police officer.
Motion by Councilman Pate,seconded by Councilman Gallo and carried
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that the recommendation o~ the City Marshal be accepted and that
Joseph Bia~ore be a regular Police Officer to serve at the will
and pleasure o~ the Council starting September 1,1954 with the
sala~ o~ $323.19 per month.
The City Marshal now discusses the matter o~ creating the office
of Sergeant in the Police Department stating that two such officers
are required.
It is unanimously agreed that the Council,sitting as a Pmlice ~
Committee, meet with the City Marshal on September 20,1954 at 8
o'clock P.M.,Council Chambers,City Hall,to discuss the matter of
creating the office of Sergeant and the additional salary ~or
o~ficers o~ this rank.
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Theil 01. city fire insurance and the broker to handle this business
is discussed. It is unanimously agreed to await the report o~ the
Gilroy Insurance Association.
Motion by Councilman 5anchez,seconded by Councilman Kennedy and
carried that the sum o~ $12,OOO.00 be transferred from the Reserve
Fund to the General Fund.
Councilman Pate reports progress on the resurfacing o~ Hanna,
Engineer o~ the Division o~ Highways along with the City Adminis-
trator on the improvement o~ the tra~~ic situation at the inter-
section o~ Monterey street and Leavseley Road;the Resident
Engineer sending a memorandum to the Division o~fice on this matter.
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Rosanna and Second streets and a conference with the Resident
The City Attorney reports on a communication received several
:fears ago from the,Division of Hi-ghvlay_s with reference to the
parking o~ trucks on Monterey Street the Division stating that
there can be no restriction o~ parking ~or any vehicle on a State
highway.
The City Inspector reports that he has been unable to secure a
one hundred per cent agreement with the residents on Fi~th Street
between Princeva11e street and Miller Avenue to have curbs and
gutters constructed on the north side of Fi~th Street and that he
~eels that no further progress can be made.
The matter o~ moving electric signs on Monterey Street be~ore
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or at the conclusion of the widening work is discussed.
The M~or now recommends that Roy O.Mead be reappointed as a
member o~ ~he City Planning Commission for a term of ~our years
and that Mark Kennedy be appointed to the City Planning Commission
for a terrnx of ~our years to succeed Smith Howard.
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Motion by Councilman Kennedy,seconded by Councilman Petersen and
carried that Roy O.Mead be reappointed to the City Planning Commission
for a term of four years and that Mark Kennedy be appointed to the
City Planning Commission for a term of four years.
Councilman Rush now discusses the matter of the appointment of
Mark Kennedy to the City Planning Commission.
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Councilman Rush discusses the matter of a request from the owners
of the Busy Bee Restaurant to have a portion in the rear of the
island on I.O.O.F.Aven~e,just off Monterey Street, removed to facil-
itate the movement of trucks delivering merchandise to the restaurant.
Councilman Pate states that he has discussed the matter with Miss.
Celine Carrey,one of the owners, about the change under discussion
and that he will speak to her again about it.
Councilman Kennedy now discusses the matter of cooperation between
the Rural Fire District and the local fire department and suggests a
'meeting between the Fire Committee of the Council and the Rural Fire
District Commissioners. Councilman Pate discusses the matter and
also suggests a meeting between the two groups.
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The City Attorney now presents and reads RESOLUTION NO.334.
Motion by Councilman Rush,seconded by Councilman Gallo that
RESOLUTION NO.334 be adopted.
RESOLUTION NO.~~4
RESOLUTION GR~~TING APPLICATION OF SOUTHERN PACIFIC COMPANY
DATED AUGUST 24,1954 FOR CONSTRUCTION OF At"\[ INDUSTRIAL SPUR
TRACK ACROSS NINTH STREET IN THE CITY OF GILROY.
1mEREAS, Southern Pacific Company has made a written application
under date of August 24,1954, to the Common Council of the City of
Gilroy for a permit to construct an industrial spur track across
Ninth street in the said City to serve the Filice Warehouse located
along the south side of said Ninth Street,which application partic-
ularly describes the location of the said spur track and is accomp
anied by a plat showing said location,.and
WHEREAS, it appears that there is no particular objection to the
granting of said permit and that it will create no special hazard or
problem.
NOW, THEREFORE ,BE IT RESOLVED:
That said application be granted and that a permit be issued in
accordance therewith.
PASSED and ADOPTED this 7th day of September,1954 by the following
vote:
AYES:
NOES:
- ABSENT:
Councilmen Pate ,Gal1o,Kennedy,Rush,Petersen,Sanchez
Councilmen None
Councilmen None
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Attest:
G.~,~
City Clerk
'fhe City Attorney now presents and reads ORDINANCE NO.520.
Motion by Councilman Pate,seconded by Councilman Sanchez that
ORDINANCE NO.520 be adopted.
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ORDINANCE NO.52D
AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION NO.70 OF
ORDINANCE NO.48o OF SAID CITY RELATING TO THE REGULATION AND
CONTROL OF TRAFFIC UPON PUBLIC STREETS OF THE CITY OF GILROY
BY PROVIDING AN ADDITIONAL THROUGH STREET.
Vote on the motion to adopt ORDINANCE NO.520:
AYES:
NOES:
ABSE1TT:
Councilmen Pate,Gallo,Kennedy,Rush,Petersen,Sanchez
Councilmen None
Councilmen None.
The City Attorney now presents and reads ORDINANCE NO.52l.
Motion by Councilman Pate,seconded by Councilman Kennedy that
CRDIN~~CE NO.521 be adopted.
ORDINANCE NO. 521
ORDINANCE OF THE CITY OE~ GILROY AMENDING SECTION NO.7l OF
ORDINANCE NO.48o OF SAID CITY RELATING TO THE -REGULATION AND
CONTROL OF TRAFFIC UPON PUBLIC STREETS OF THE CITY O~" GILROY BY
BROVIDING FOR AU ADDITIONAL STOP INTERSECTION.
Vote o~ the motion to adopt ORDINANCE NO.521:
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AYES:
NOES:
llBSENT:
Councilmen Pate,G allo,Kennedy,Rush,Petersen,Sanchez
Councilmen None
Councilmen None
The City Attorney now presents and reads RESOLUTION NO.335.
Motion by Councilman Kennedy, seconded by Councilman Rush that
RESOLUTION NO.335 be adopted.
RESOLUTIO~ NO.~~5
RESOLUTION OF'1HE COllJiMKN COUNCIL OF THE CITY OF GILROY RELATING
TO CHANGE OF NAlViE OF SUBDIVI SION .
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WHEREAS, Henry A.Smith has heretofore offered for acceptance
and filing to the Common Council of the City of Gilroy a p~at and
map of a proposed subdivision to be known as uFAIRVIEW SUBDIVISION
NO. lIt, and the Common Council of the City of Gilroy has approved
and accepted the said map and plat of said Subdivision on the
condition that the said Renry A.Smith enter into a written agree-
ment with the City of Gilroy under which he will make certain
improvements consisting of grading,grave~ing and oiling streets
and alleys,and constructing curbs,gutters,sidewalks,sewers,storm
sewers,and furnishing and installing fire hydrants,electroliers,
and fire boxes in the Subdivision in accordance with the require-
ments of the City of Gilroy;and,
~REREAS, the said Henry A.Smith has executed the said contract,
but in the said contract the name of the said Subdivision has been
changed from "FAIRVIEW SUBDIVISION UNIT NO.1" to '''PARK MEADaVS
UNIT NO.r' because the said name !lFAIRVI~V' SUBDIVISION UNIT NO.1't
conflicts with the name of other subdivismons in ,,janta Clara
County; and
WHEREAS, the Common Council of the City of Gilroy desires to
accept the said contract with the name of the Subdivision changed
as iiforesaid.
NOW, THEREFORE, BE IT RESOLVED:
That the said chasge of name of said Subdivision ItFAIRVIENl
SUBDIVISION UNIT NO.l" to "PARK WLEADOWS UNIT NO.llt is accepted
and consented to, and that all the papers and proceedings relating
to the said Subdivision shall be changed so that the name of said
Subdivision shall be ItPARK MEADOllS UNIT NO.llt instead of ftFAIRVIEW
SUBDIVISION UNIT NO.llt,and the bond heretofore provided by the
said Hen~ A.Smith in which the name of the subdivision is set
forth as uPARK MEADOWS UNIT NO.1'. is approved and accepted.
PASSED and ADOPTED this 7th day of September,1954,by the
following vote:
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AYES:
NOES:
ABSENT:
Councilmen Pate,Ga110,Kennedy,Rush,Petersen,SanChez
Coupcilmen Nonae
Councilmen None.
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Attest:
(3 , (A.~
C~ty Cle
The report of the County Controller on fines collected for the month
of JulYt19?4 is presented and read and ordered filed.
The report of the Building Inspector for the month of August,1954
is presented and read and ordered filed.
An application for and On Sale Beer permit from Dorothy Silveria,
285 S.Monterey Street is presented and read.No objection is made.
A report of water samples taken July 2,1954 and July 9,1954 are
presented and ordered filed.
The report of arrests and traffic citations issued for the month
of August,19J4 by the Police Department is presented and read and
ordered filed.
The Poundmaster's report for July and August,1954 is presented and
read an ordered filed.
Reports of the city officers are presented and read.
Motion by Councilman Pate,seconded by Councilman Sanchez and carried
that the reports of city officers be accepted as read and placed on
file.
Motion by Councilman Rush,seconded by Councilman Sanchez and carried
that bills as presented be allowed and warrants ordereddfrawn on the
7' reasurer.
C09hcilman Sanchez discusses the matter of salaries berng paid on
,
the first of each month. The City Attorney advises that the charter
provides for the payment of all bills on the first Monday of each
month.
Motion by Councilman Pate,seconded by Councilman RuSh and carried
that this meeting be adjourned.
~.~.0rf;
City Clerk