Minutes 1954/09/28
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Gilroy, California
September 26,1954
This special meeting of the Common Council called by the' sending
of the proper notice required under the State law,as directed by the
Mayor, is called to order by His Honor Mayor George M.Mason at 8
o'clock P.M.
Present:Councilmen CarlW.Pate,Charles Gallo,J.Hughes Kennedy,
Courtland M.Rush,Kenneth L.Petersen,Segundo Sanchez.
The Mayor announces that the two subjects to be discussed at this
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meeting are the Miller Sloggh drainage matter and the creation of
the office of Sergeant in the Gilroy Police Department.
The City Attorney now presents and reads ORDINANCE NO. 522.
Motion byCouncilman Kennedy,seconded by Councilman Rush that
ORDINANCE NO.522 be adopted.
ORDINANCE NO.522
ORDINANCE OF THE CITY OF GILROY AME1"'DING SECTION 131 OF THE MUN-
ICIPAL CODE BY ESTABLISHING THE POSITION OF SERGEANT OF THE PODICE J'
ANn FIXING THE DUTIES OF SUCH OFFICER AND ELIMINATING THE OFFICE
OF CAPTAIN OF POLICE AND JlMENDING SECTION 141 OF THE MUNICIPAL ·
CODE BY PROVIDING FOR THE DUTIES OF SERGEANT OF POLICE ,A1TJ) AMElUJING
SECTION 147 OF THE MUNICIPAL CODE RELATING TO THE RANK OF POLICE
OFFICERS.
Vote on the motion to adopt ORDINANCE NO.522:
AYES:
NOES:
nSENT:
Councilmen Pate,Gallo,Kennedy,RuSh,Petersen,Sanchez
Councilmen None
Councilmen None.
The City Attorney now presents and reads RESOLUTION NO.336.
Motion by Councilman Pate, seconded by Councilman Gallo that
RESOLUTION NO.336 be adopted.
RESOLUTION NO.336
RESOLUTION AND ORDER AMENDING RULES AND REGULATIONS FOR THE
OPERATION OF THE POLICE DEPnRTlviC.J.iT lVlADE NECESSARY BY ELIMINATllm
THE POSITION OF CAPTAIN OF POLICE AND ESTABLISHMENT OF THE POSITION
OF SERGEA1~ OF POLICE.
WHEREASt Section (B) of the rules and re5~lations as to per-
sonnel as set forth in Resolution NO.2ll adopted by the Mayor and
Common Council on the 29th day of November,1948,renates to the
Captain of Police,which position had theretofore been established
by Ordinance of the Common Council;and,
WHEREAS, the said Common Council of the City of Gilroy has
by Ordinance No.522,adopted on the 28th day of September,1954,
abolished the offic'e of Captain of Police and has in the same
Ordinance established the position of Sergeant of POlice,of which
there Shall be two,in the place and stead of Saptain of Police;and,
WHEREAS,it is necessary to make provision in the said rules
and regulations for the duties of Sergeant of Police and establish
other regulations regarding such office.
NON ,THEREFORE,BE IT RESOLVED:
That said Section (B) of said rules and regulations as to per-
sonnel be, and the same is hereby,amanded to read as follows:
B. SERGEANT OF POLICE
There shall be two Sergeants of Police, one to be named and
designated for day duty or day shift,and the other for night duty
or night shift. During the absence of the Marshal or on the Marshalts
day off,the Sergeant of Police on duty is responsible for the
efficient function of the Department. There shall be a Sergeant of
Police on duty at all times.
BE IT FURTHER RESOLVED)'
That Subdivision (6) of Section D of said rules and regulations
be,and the same is hereby,amended to read as follows:
(6) Notify the Marshal or Sergeant of Police on duty at least
five (5) hours prior to the time of his tour of duty if he is un-
able to report for duty at the appointed time due to illness or
other cause beyond his control.
ADOPTED and PASSED this 28th day of September,1954, by the
following vote:
AYES: Councilmen Pate ,Gallo ,Kennedy ,Rush,Petersen,Sanchez
NOES: Councilmen None
ABS:ENT: Councilmen None
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The Mayor now calls upon Councilman Sanchez to discuss the Miller
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Slough drainage problem.
Councilman Sanchez and his committee recommend one of the. following,.
three methods to handle the water at the outle'k end of the storm drain-
rip-rap the banks of the slough on either side for a distance beyond the
outlet ,placing an elbow at the end of the pipe to divert the water to
the center of the channel or construction of a wier box at the end of
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the pipe. The committee also recommends that the city contribute the sum
of $1,000.00 towards the total cost of the project.
Mr\..Robert Byers,one of the owners ,of:cland.alnng Miller Slough,now
appears befoTe the Council to discuss the yo eplacing of a bridge and
the matter of maintenance of the channel after deepening and widening
of the slough channel.
Mr. Frank Serafin, another of the owners of land along the slough,
discusses the matter of a request or suggestion for an easement on his
land and states that he is opposed to the granting of an easement.
Mr.Al Vosti,representing Gentry,Inc.,also discusses the matter of
pbssible, damage froffi"storm water to his company's property;that he is
not in favor of signing anything that would relieve the city of any
responsibility in the future.
Mr. Byers states that he believes the offer by the city of $1,000.00
towards the project is fair but does not favor releasing the city of
responsibility in the future.
It is unanimously agreed to discuss the Miller Slough drainage at
the next regular monthly meeting.
Councilman Pate discusses the matter of salary for Police Sergeants.
Motion by Councilman Pate,seconded by Councilman Gallo that Sergeant's
salary be $340.00 per month effective October 1,1954 and that the
Traffic Officer's salary be $11.00 per month over the base pay of
Police Officers and if the Traffic Officer:act.s as Sergeant h:is salary
shall be $340.00 per month plus $ll.OO per month allowed for Traffic
Officer.
Motion by Councilman Sanchez,seconded by Councilman Gallo that this
meeting be adjourned.
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