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Minutes 1956/09/04 1760 ~ Gilroy,California. September 4,1956. This regular monthly meeting of the Common Council is called to order by His Honor Mayor George C.Milias. Present:Councilmen Carl W.Pate,Sig Sanchez,Charles Gallo, Kenneth L.Petersen,Everett C.Wentworth.Absent:Councilman Court- land M.Rush. The Mayor now asks if all Councilmen have received copies of ,_7".... - ~c:','.. I - "..,.~ l.... 1761 the minutes of the regular monthly meeting of August 6th,the special meeting of August 13th and the regular adjourned meeting of August 20,1956. All Councilmen answer in the affirmative. The Mayor now asks if there are any errors or corrections to be made in the minutes as presented. No errors or corrections are noted. Motion by Councilman Pate, seconded by Councilman Sanchez and carried that the minutes of the regular monthly meeting of August 6th, the special meeting of August 13th and the regular adjourned meeting of August 20,1956 be approved. A communication is read from the Southern Pacific Company with reference to the proposed closing of Bane Lane. A communication is read from the Public Utilites Commission with reference to the closing of Bane Lane. Both communications and the accompanying documents are referred to to the City Attorney with instructions to make his report at the regular adjourned meeting on September 17,1956. A communication is read from Nina Louise Schell Carlson submitting her resignation from the Gilroy Police Department effective October 1,l956. Motion by Councilman Sanchez, seconded by Councilman Pate and carried that the resignation of Nina Louise Schell Carlson as a member of the Gilroy Police Department be accepted,with regret, and the Clerk in- structed to write a letter to her thanking her for her many years of service to the City. A communication is read from the Gilroy Gliders requesting free use of Wheeler Auditorium for their annual folk and square dance festival. Motion by Councilman Pate, seconded by Councilman Gallo and carried that the Gilroy Gliders be granted free use of Wheeler Auditorium for their annual folk and square dance festival on November 3,1956. A communication is read from W.J.Hanna,City Engineer,calling the attention of the Council to work that should be done on the Carnadero levee before the winter season. This matter is referred to Councilman Wentworth for investigation and report to the Council. A communication is read from W.J.Hanna,City Engineer,advising the Council that all wprk covered by the bond has been completed in Castlewood Park Unit #2. The matter of preparing a resolution to accept the streets i~~ Castlewood Park Unit #2 ~s referred to the City Attorney. A communication is read from the Corps of Engineers,U.S.Army re- the designation of a city official whose name will be included in their forthcoming Flood Emergency Manual. Motion by Councilman Pate, seconded by Councilman Gallo and carried that the Chief Administrative Officer be designated as the official of the City of Gilroy to be included in the Corps of Engineers,U.S. Army Flood Emergency Manual. A communication is read from the Gilroy Elementary School District requesting the city to instal a six inch water and a six mnch sewer line from Wayland Lane to a point inside their property west of Wayland Laneistating that the district would stand the entire cost of these installations. Motion by Councilman Sanchez, seconded by Councilman Wentworth and carried that the reouest of the Gilroy Elementary School district to have the city install a 6 inch water main and a 6 inch sewer line from Wayland Lane to their property located west of Wayland Lane,be granted, the school district to pay the entire cost of the installations. A communications: is read from the Parade Committee of San Jose Elks Lodge requesting the city to enter a float in the parade wh~ch will be held in San Jose in con~unction with the State Elks convention. Motion by Councilman Petersen, seconded by Councilman Wentworth and carried that the matter of a float for Gilroy to be entered in the State Elks Convention in San Jose be referred to the Gilroy Chsunber of Commerce. A communication is read from the City Planning Commission of the City of Gilroy reporting and recommending to the Council their action on the matter af annexation to the City of the property recently acquired by the Gilroy Elementary School District and the matter of a request for a Use Permit from Mr.Joe Perucca to establish a machinery and salvage business at 202 S.Monterey Streetithe Commission recommend- ing that the matter of annexation of the school district property be deferred until provision is made for a street to connect Wayland Lane with Wren Avenue;and recommending that the Use Permit applied for by Mr.Joe Perucca to establish a machinery and salvage business at 202 S.Monterey,be denied. 1762 Motion by Councilman Pate. seconded by Councilman Petersen and carried that the City Plann1ng Commiss1on set a date for a meeting with the Elementary School Trustees,the Council and the Commission to discuss the matter of a street to connect Wayland Lane with Wren Avenue. Motion by Councilman Sanchez, seconded by Councilman Pate and carried that the City Planning Commission's recommendation be accepted that the request of Mr.Joe Perucca to establish a machin~ry and salavage business under a Use Permit at 202 S.Monterey Street be denied. A communication is read from the Pacific Gas & Electrio Company relative to cost to the city of retiring the debt on Monterey Street electroliers. This matter is referred to the Finance and Lighting Committees. A communication is read from the Sputhern Pacific Company this letter being their report to the Public Utilities Commission that that city would not consider closing the Casey Street crossing. This communication is ordered filed. Mr.William Hall and Mr.W.R.Howson now appear before the Council to discuss the improvement of Princevalle Street south of Sixth . Street. It is unanimously agreed that a meeting of the Council with Mr. John Stelling and Messers.Hall and Howson be called for Tuesday, September 11,1956 at 1 o'clock P.M.in the Council chambers,City Hall,to discuss the improvement of Princevalle Street south of Sixth Street. The Clerk is instructed to advise Mr.Stelling of the meeting and invite him to attend. Councilman Sanchez reports on the Recreation Committee's meeting with Miss.Gladys Snider of the State Recreation Director's office with reference to a joint project with the high school district for the construction of a swimming pool. It is unanimously agreed that the Recreation Committee of the Council call a meeting with the high school trustees, the Recreation Commission and members of the Council who care to attend for September 13th at 8 o'clock P.M.,Council chambers,City Hall,to further discuss the matter of a joint project for a swimming pool. The Clerk is instruct~d to adiise the high school trustees of the meeting. Councilman Sanchez suggests that a newspaper poll be taken to secure a cross section of opinion of whether or not the city should enter into a joint ~roject with the high school district to con- struct a swimming pool or the city make this a project of it~~ own.' It is unanimously agreed that this matter should be discussed at the meeting on September 13th. Mr.Kenneth Jones,attorney, and Mr.Christopherson representing the Bay Area Investment Company now appear before the Council to discuss the financing of improvements under the 1913 Improvement Act in Park Meadows Unit #2. Motion by Councilman Sanchez, seconded by Councilman Pate and carried that the petition of the Bay Area Investment Company to finance improvements under the 1913 aImprovement Act in Park Meadpws Unit #2 be denied. Councilman Petersen reports on the securing of an armory site from the elementary school district. It is unanimously agreed that Councilman Petersen should have a written option drawn up by the City Attorney to present to the elementary school trustees. The Building Inspector reports that he now has the consent of the property pwners to present an easement for the necessary property over which the proposedstorm drain line on East 7th Stteet would be laid. Councilman.Pate reports that he will have further imformation with referehbe to the purchase of the old Bank of America property at the next meeting of the Council. It is unanimouslY,agreed to take no aotion on the agreement between the schools~nd and the city withe reference to use of school property fer recreation purposes as the recreation is paretically completed for the tear. Resolution No.59 of the City Planning Co~~ission of the City of Gilroy recommerlding the anne~ation to the City of Gilroy of the uThird Western Addition" is presented and read. The City Attorney now presents and reads RESOLUTION NO.391. Motion by Councilman Pate, seconded by Councilman Wentworth that RESOLUTION NO.391 be adopted. ] ~ ~ ".,", I ! w u r'l l.... 1763 RESOLUTION NO.391 RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF GILROY PROVIDING FOR NOTICE OF THE PROPOSED ,i.NNEXATION OF UNINHABITED TERRITORY, DESIGNATED AS "THIRD WESTERN ADDITION TO TrlE CITY OF GILROY". TWHEREAS,a written petition has heretofore been filed in the office of the Clerk of the City of Gilroy under the provisions of the "Uninhabited Territory Act of 1939", as set forth within Sections 35300 to 35326 inclusive of the Government Code of the state of California, asking that there be annexed to the City of Gilroy, as uninhabited territory, the following described tract of land con- tiguous to the exterior city limits of the City of Gilroy,situated in the County of Santa Clara, State of California, to-wit: Being a ,portion of Las Animas Ranchlots 16 and 20 as shown on Map No.7 accompanying the report of the Referees in the Las Animas Rancho Partitio~ Suit, Action No.5536 had in the Superior Court of the State of California, in and for the County of Santa Clara,and being more particularly described as follows: Beginning at the intersection of the southerly line of "Castlewood Park,Unit No.1", as shown on Map thereof recorded in Book 18 of Maps at page 40,with the westerly line of Miller Avenue, and running thence along the westerly line of Miller Avenue S.co46!'W. to the intersection thereof with the southeasterly line of Sixth Street;thence along the sputheasterly line of Sixth street N.69059'E. to the intersection thereof with the southwesterly line of Princevalle Street and the present corporate limits of the City of Gilroy;thence along said line N.200W.to the intersection thereof with the south- easterly line of Fifth Street;thence along the southeasterly line of Fifth Street S. 69059'W. to the intersection thereof with the easterly line of Miller Avenue;thence along the easterly line of Miller Avenue N.Oo46!'E.to the intersection thereof with the projected southerly line of said "Castlewood Park,Unit No.l";thence along said southerly line N.89010'W. 80.00 feet to the point of beginning, and CONTAINING THEREIN 20.7 acres of land,more or less. and, vVHERC:AS, it appears that said petition has been signed by the owners of all of the area of land in such territory,and that the tract therein and herein described is contiguous with the corporate limits of the City of Gilroy;and, WHEREAS, the proponents of the said annexation have submitted to the Boundary Commission of the County of Santa Clara the proposal for the said annexation, and the said Boundary Commission has reported to the said proponents approving the defiteness and certainty of the proposed boundaries;and, WHEREAS, the proponents of said annexation have also submitted to the City Planning Commission of the City of Gilroy the proposal for the annexation of the aforesaid territory to the said City of Gilroy,and the said City Planning Commission has reported to the Common Council of the City of Gilroy approving the annexation of said tractjand, VffiEREAS,the said "Annexation of Uninhabited Territory Act of 1939" above referred to, requires that upon the filing of such a petition a Re301ution shall be adopted by the Common Council giving notice of such proposed annexation and fixing the time and place of hearing, when and where any person owning real property within the said territ~ry proposed to be annexed may appear and object theretojand, 'dHEREAS, the said "Annexation of Uninhabited Terri tory Act of 1939" provides that such hearing may be set not less than fifteen (15) days after the passage of the resolution fixing the tilne of hearing in cases where the petition for the annexation is asigned by all the owners of tne territory sought to be annexed. ~!O'.J, THERi~FORE, BE IT RESOLVED ,AND IT IS HEREBY ORDERED: That the Common Council of the City of Gilroy hereby designates the territory proposed to be annexed to the City of Gilroy as "THIRD VlESTERN ADDITION TO THE CITY OF GILROY", and that Monday, the 15th day of October,1956, at the hour of 8:00 o'clock p.m. of said day,in the Council Chambers of the City Hall,Gilroy, California,be, and the same is hereby fixed as the time and place . 1764 of hearing of said petition,when and where any person owning real property within such tract so proposed to be -annexed an~ having any objections to the propo3ed annexation,may appear before the said Common Council and show cause in writing,if any he has, why such territory should not be so annexed, and the City Clerk of the City of Gilroy is hereby directed to caus~ to have published at least once a week for two successive weeKs prior to the hearing,in the ?ILROY EVENING DISPATCH,a newspaper of general circulation published, in the said City of Gilroy,and in the MORGAN HILL TIMES,a newspaper of general circulation published in the County of Santa Clara, but outside of the said City of Gilroy,a copy of this resolution. PASSED and ADIDPTED this 4th day of September,1956, by the following vote: AYES: Councilmen NOES: Councilmen ABSENT: Councilman Pate,Sanchez,Gallo,Petersen,Wentworth None Rush. Attest: ci~'~~S1x ~ a ;;#- te.. . .<.~ ,,)_ MA YOR A petition signed by 154 persons residing on West Sixth Street and vicinity, asking that Sixth Street from Eigelberry Street to Princevalle Street inclusive be made a "STOP" street,is presented and read. The City Attorney presents and reads ORDINANCE NO.542. Motion by Councilman Pate, seconded by Councilman Gallo that ORDINANCE NO.542 be adopted. ORDINANCE NO.542 ORDINANCE OF THE CITY OF GILROY ill~ENDING SECTION NO.71 OF ORDINANACE NO.480 OF THE CITY OF GILROY,CO~~ONLY KNO\ffl AS THE TRAFFIC ORDINANCE,BY PROVIDING FOR ADDITIONAL STOP INTERSECTIONS, AND REPEALING ORDINANCES NOS.508,518,521,528. Vote on the motion to adopt ORDINANCE NO.542: l\YES: Councilmen Pate,Sanchez,Gallo,Petersen,Wentworth NOES: Councilmen None ABSENT: Councilman Rush The City Attorney presents and reads ORDINANCE NO.543. Motion by Councilman Gallo,seconded by Councilman Petersen that ORDINANCE NO.543 be adopted. ORDINANCE NO.543 ORDINANCE AMENDING SECTION NO.72 OF ORDINANCE NO. 480,CO~~ONLY KNOVm AS THE TRAFFIC ORDINANCE,BY ADDING ADDITIONAL PORTIONS OF STREETS ON WHICH PARKING IS LIMITED,AND REPEALING ORDINANCES NOS.495 AND 538 OF THE CITY OF GILROY. Vote on the motion to adopt ORDINANCE NO.543: AYES: Councilmen Pate,Sanchez,Gallo,Petersen,Wentworth NOES: Councilmen None ABSENT: Councilmen Rush. I- .r /~ I, v . . .. ' - r .~ The City Attorney now presents and reads ORDINANCE NO.544. · Motion by Councilman Sanchez, seconded by Councilman Gallo that ORDINANCE NO.544 be adopted: ORDINANCE NO.544 AN ORDINANCE OF THE CITY OF GILROY,ill~ENDING ORDINANCE NO. OF r-.. THE CITY OF GILROY vffiICH ADDED A NEW ARTICLE TO ORDINANCE~480 ~ OF THE CITY OF GILROY DESIGNATED AS ARTICLE 6i PROVIDING FOR AND DESCRIBING YIELD RIGHT OF WA.Y INTERSECTION AND PLACING OF YIELD RIGHT OF WAY SIGNS. Vote on the motion to adopt ORDINANCE NO.544: AYES: Councilmen Pate,Sanchez,Gallo,Petersen,Wentworth NOES: Councilmen None ABSENT: Councilman Rush. The matter of a revision of fees for ;rent of VVheeler Auditorium is placed in the hands of the Buildings and Grounds Committee for study and report. Councilman Wentworth reports that William Lotz,structural eng- gineer,will inspect the bridge at the Sewer Farm on Saturday and furnish a report on ~d capacity of the bridge. .. ) 1765 Councilman Petersen reports tha~ the Community Fai~fficials have have requested permission to use the rear portion of! the auditorium grounds for a 4H livestock exhibit. ,'- Motion by Councilm~nSanchez,seconded by Councilman Pate that the Co~~unity Fair officials be granted permission to use the rear portion ( of the \fueeleT Auditorium grounds for a 4H livestock exhibit. Councilman'Pi!te announces that the city's.insurance program will be presented in October,1956; Councilman Sanchez discusses thematter of the Pacific Gas & Electric Company's franchise payments. The City Attorney states that he will have a report ready for the Council at the September 17th meeting. The City Marshal appears before the Council and states that Mrs. Louise Schell Carlson has presented her resignation as police mafron and radio-telephone operator;that he has one application for the position-Mrs. Virginia Cox- and reco~~ends that Mrs.Virginia Cox be appointed police matron and radio-telephone operator,effective October 1,1956. Motion by, Councilman Pate,seconded by Councilman Gallo and carried that the recommendation of the City Marshal be accepted and that ~1rs.Virginia Cox be apointed police matron and radio-telephone operator, effective as of October 1,1956, the salary to be the same as is in effect at the present time ,for this position. Motion by Councilman Pate, seconded by Councilman Sanchez and carried that the sum of $862.55 be transferred from the Special Gas Tax Fund to the Special In Lieu Fund.and the sum of $202.56 be transferred from the. General Fund to the Special Gas Tax Fund. - ~otion by Councilman Sanchez, seconded by Councilman Gallo and carried that the sum of $15,000.00 be transferred from General Fund "B" to General Fund "A". Motion by Councilman Sanchez, seconded by Councilman Gallo and carried that the sum of $41.87 be transferred from General Fund "A" to the 1927 Bond Fund. Reports of the City Officers are presented and read. Motion by Councilman Wentworth, 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 Wentworth and carried that bill as presented be allowed and warrants ordered drawn on the Treasurer. Mr.Roy Mead,manager of the Pacific Gas & Electric Company,Gilroy, now appears before~the Council to discuss the matter of the sub- divider providing the wiring for ~lebtroliers in the residential area which would ~ave the city considerable money for lighting. Motion by Councilman Pate,seconded,by Councilman Wentworth and carried that this meeting adjourn to'Monday,September 17,1956 at 8 o'c~ock p.rn.,Council chambers,City Hall,Gilroy,California. ~.~.~~ C1 Y leT .