Minutes 1956/09/17
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1765
Gilroy, California
September l7, 1956
This regular adjourned meeting of the Common Council is called
to order by His Honor Mayor George C. Milias.
Present: Councilmen Courtland M. Rush, Kenneth Petersen, Everett
Wentworth, Charles Gallo, and Sig Sanchez.
An application for the installation of a Butane Tank from Mr.
Dalcin is discussed.
Motion by Councilman Rush second by Councilman Wentworth and
carried that on the recommendation of the Fire Committee the permit
be denied.
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Councilman Petersen str.esses the urgency of exercising the verbal
option on the property to be donated by the city for the National
Guard Armory. It is the opinion of the Councilmen present that the
matter of a right of way for a street from Wayland Lane to Wren
Avenue be decided first.
The City Attorney is instructed to draw a 150 day option containing
the description of the proposed armory property.
Resolution No. 392 is presented and read.
Motion by Councilman Petersen, second by Councilman Wentworth
that the Resolution No. 392 be adopted.
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RESOLUTION NO. 392
BE IT RESOLVED: That the City of Gilroy obtain an opt~on from the
Gilroy Elementary School District of Santa Clara County, to' purchase
from said District, for the sum of Twenty-One Hundred and no/lOO
($2100.00) Dollars per acre, free and clear of encumbrances, the
following descrtbed premises located in the County of Santa Clara,
State of California, to-wit:
BEING a portion of Las Animas Ranchlot 23 as shown on
Map No. 7 accompanying the final report of the Referees
in the Las Animas Rancho Partition Suit, Action No.
5536 had in the Superior Court of the State of Calif-
ornia, in and for the County of Santa Clar_. aad beiftg
also a portion of Lot gas' shoWn'on mapLentitl:ed."Mapc'..
oft,Henry Miller' s Subdivision of Las Animas Ranchlot
Nb. 23", which map is recorded in Book "H" of Maps at
page 5, Records of Santa Clara County, California, and
being more particularly described as follows:
"BEGINNING at a concrete monument set to replace the
original lJ." x 4" stake S2M as shown on said Map No.
7 at the corner common to Ranchlots 23 and224 in the
southerly line of Ranchlot 25, and running thence
along the Southwesterly line of Ranchlot 24 S. 22 deg.
llJ.' E. 224.42 feet; thence S. g9 deg. 10' W. 461.49
feet to a point in the centerline of Wren Avenue (shown
as Avenue H on said Henry Miller Subdivision); thence
along the centerline of Wren Avenue N. 0 deg. 42' E.
209.00 feet to an iron pipe at the intersection thereof
with the southerly line of Ranchlot 25; thence along
the southerly line of Ranchlot 25 N. g9 deg. lOt E.
373.35 feet to the point of beginning, and
CONTAINING THEREIN 2.00 acres of land, gross;
and that the option shall include a provision that a title insurance
policy shall be furnished to cover the premises, and that the option
shall extend for a period on One Hundred and Fifty (150) days.
PASSED and ADOPTED the l7th. day of September, 1956, by the follwwing
vote:
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AYES:
NOES:
Councilmen: C.M. Rush, Kenneth Petersen, Everett
Wentworth, Chas. Gallo, Sig Sanchez.
Councilmen: None
ABSENT: Councilmen: earl W. Pate
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Attest:
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Resolution No. 393 is presented and read.
Motion by Councilman Rush, second by Councilman Petersen that
the Resolution No. 393 be adopted.
RESOLUTION NO. 393 ..
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF GILROY:
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That said City of Gilroy hereby accepts the attached conveyance
and consents to the recordation thereof.
PASSED and ADOPTED this 17th. day of September, 1956, by the
following'vote at a regular meeting of the Common Council of the City'
of Gilroy.
AYES:
NOES:
ABSENT:
Councilmen: C.M. Rush, Kenneth Petersen,
Everett Wentworth, Chas. Gallo, gig Sanchez.
Councilmen: None
Councilmen: Carl W. Pate
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1767
RESOLUTION NO. 393
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Mayor
Attest:
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Ci ty C~rk
A request is made by the Gilroy Chamber of Commerce to close
Sixth Street between Church and Rosanna Streets and Rosanna Street
between Sixth and Seventh Streets for the Community Fair to be held
on October 13th and 14th.
Motion by Councilman Sanchez, second by Councilman Wentworth and
carried that the streets be closed as requested by the Chamber of
Commerce on October 13th. and 14th. that the clerk so notify the
6hamber of Commerce.
Councilman Sanchez reports that the recreation committee held a
joint meeting with the High School Board and the Recreation Commission
on the proposed swimming pool on school property and that the High
School Board seemed favorable to the proposition. He also announces
that a newspaper survey would be made to determine whether the public
favored a joint venture with the school or whether it should be built
on city property.
It is announced that the AuxilIary Police desire a meeting with
police committee. The meeting was set for Tuesday, September 18th.
at 8:00 P.M.
Councilman Petersen announces that two bids on termite control
at Wheeler Auditorium have been submitted. One from Paramount Pest
Control for $996.00 and one from Aero Inc. for $l235.00.
Motion by Councilman Petersen, second by Councilman Wentworth
and carried that the bid of $996.00 from Paramount Pest Control be
accepted. \
Councilman Wentworth announces that his reports on repairs to the
Uvas Levee and on the sewer farm bridge were not completed.
Councilman Petersen expresses the need for three orffour tables
and benches in Atkinson Park to accomodate motorists passing through
Gilroy.
Motion by Councilman Petersen, second by Councilman Gallo and
carried that the Building Inspector have three combination tables
and benches made for Atkinson Park.
Councilman Rush reports that he has a request from the employees
in the Fire Department for shorter hours. He states that the men
are on duty for 120 hours per week and work 72 hours per week. The
matter is referred to Fire and Finance Committees for study, a re-
port to be made to the Council at a later meeting.
The City Attorney announces that he has a deed for a piece of
property, 100 feet by 175 feet, from Howson ~rothers made to the
City of Gilroy for street purposes on North hurch Street. It is
the opinion of the Councilmen present that the deed should not be
accepted until the street is brought to grade and paved to City
specifications.
Resolution No. 394 is presented and read.
Motion by Councilman Sanchez, second by Councilman Wentworth
that Resolution No. 394 be adopted.
< RESOLUTION NO. 394
RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF GILROY FINDING AND
DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE
IMPROVEMENT OF STREET LIGHTING FACILITIES IN A PORPOSED LIGHTING
DISTRICT, COMPRISING TRACT NO. 239 RENZ ADDITION TO THE CITY OF
GILROY AND PORTIONS OF TRACTS NO. l046, WAYLAND LANE TRACT AND LOUPE
NORTHERN ADDITION TO THE CITY OF GILROY; THAT THE SPECIAL ASSESSMENT
INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931" SHALL NOT
APPLY; _AND DETERMINING THAT SUCH PROJECT SHALL PROCEED UNDER THE
TERMS AND PROVISIONS OF THE "STREET LIGHTING ACT OF 19l9."
WHEREAS, a public hearing, for which reasonable notice has been given
by publication and posting in accordance with Resolution No. 385 of
the Common Council of the City of Gilroy, has been held as to the
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public convenience and necessity of the improvement of the street
lighting..'facili ties in a proposed lighting district, comprising
Tract No. 329 Renz Addition to the City of Gilroy, and portions of
Tracts No. 1046, Wayland Lane Tract and Loupe Northern Addition to
the City of Gilroy, in accordance with the Report of the City Build-
ing Inspector of the City of Gilroy, dated August 20, 1956, and
filed in the Office of the City Clerk of the City of Gilroy on the
20t~. day of August, 1956, and
WHEREAS, this Common Council of the City of Gilroy has heard and
considered all the evidence, both oral and written, relative to the
public convenience and necessity of the construction of the afore~
said improvement.
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NOW, THEREFORE, BE IT RESOLVED:
That this Common Council hereby finds and determines that the public
convenience and necessity require the construction of said improvement,
and further determines that the "Special Assessment Investigation,
Limitation and Majority Protest Act of 1931" shall not apply; and
BE IT FURTHER RESOLVED:
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That this project shall proceed in accordance with the terms and
provisions of the "Street Lighting Act of 1919". '
PASSED and ADOPTED this 17th. day of September, 1956, by the follow-
ing vote:
AYES:
NOES:
Councilmen: C.M. Rush, Kenneth Petersen, Everett
Wentworth, Charles Gallo, Sig Sanchez.
Councilmen: None
ABSENT: Councilmen: Carl W. Pate
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Attest:
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Resolution No. 395 is presented and read.
Motion bYvCouncilman Rush, second by Councilman Petersen that
Resolution No. 395 be adopted.
RESOLUTION NO. 395
RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF GILROY DETERMINING
THAT PROVISIONS OF AGREEMENT BETWEEN THE OWNERS OF "CASTLEWOOD PARK
UNIT NO.2" AND THE CITY OF GILROY, RELATING TO THE CONSTRUCTION OF
IMPROVEMENTS HAS BEEN COMPLETED AND THAT BOND IS EXONERATED
WHEREAS, the Common Council of the City of Gilroy has heretofore
approved the plat and map of the subdivision of certain property ~
wi thin the City of Gilroy, belonging to the SAN MARTIN VINEYARDS I,;
COMPANY should furnish and install sewer and water mains, grade,
gravel and oil streets and alleys, construct and install sidewalks,
curvs, gutters, fire hydrants and fire boxes, and electroliers, all
in accordance with the requirements of the City of Gilroy, and the
said SAN MARTIN VINEYARDS COMPANY did enter into a written contract
with the said City of Gilroy on the 28th. day of September, 1954,
to furnish or cause to be furnished all of the aforesaid improvements
and appliances; and
WHEREAS, the said City of Gilroy also required the said SAN MARTIN
VINEYARDS COMPANY to furnish, before the approval of the said map of
said subdivision, a surety bond in favor of the said City of Gilroy,
executed by the said SAN MARTIN VINEYARDS COMPANY, in the sum of
$15,000.00, conditioned 'upon the fulfillment of the aforesaid agree-
1769
ment.and the said bond was so given as required, and
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WHEREAS, the said SAN MARTIN VINEYARDS COMPANY has fully complied
with the provisions of the said agreement and has furnished and in-
stalled the said sewer and water mains, sidewalks, curbs and gutters,
fireboxes-and electroliers, and has graded, gravelled and oiled the
streets and alleys in said subdivision, all in accordance with the
aforesaid agreement.
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NOW, THEREFORE, BE IT RESOLVED:
That~the said agreement entered into with the said City of Gilroy
by the said SAN MARTIN VINEYARDS COMPANY has been fulfilled and
completed, and that all of the conditions upon which the said bond
has been issued have been fulfilled, and the said surety on the said
bond is exonerated and declared not liable thereunder.
PASSED and ADOPTED ~his l7th day of September, 195~, by the follow-
ing vote:
AYES:
NOES:
ABSENT:
Councilmen: C.M. Rush, Kenneth Peters'en, Everett
Wentworth, Ch~~. Gallo, Sig Sjnchez.
Councilmen: None
Councilmen: Carl W. Pate
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City' lerk
The use of the Severance School Property for park and recreation
purposes is discussed.
Motion by Councilman Petersen, second by Councilman Wentworth
and carried that the Elementary School District seriously consider
allowing the City of Gilroy the use of the Severance School Grounds
for the immediate developement of a Park, and that when in the fu-
ture the Severance School Property is abandoned lby;rthe School Dis-
trict, it be re-conveyed to the City of Gilroy for Park and Recre--
ation purposes.
Byron Brown reports that he has talked to Mr. Charlie Schemel
of the Division gf ~ighways regarding an opening in the center
strip on North M nterey Street adjacent to:the new Standard Station
and that Mr. Schemel would recommend the opening. Mr. Brown is
directed to arrange a meeting between the Street Committee and Mr.
Warriner of the Division of Highways to see what arrangements,could
be made for the opening.
Adjourned subject to call of the chair.
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Deputy ity Clerk
17'70
Gilroy, California
September 26,1956
This special meeting of the Common Council called by Mayor
George C.Milias by mailing post cards notices to members of the
60uncil and the newspapers more. than twenty-four hours in advance
of the meeting is called to order by His Honor Mayor George C.Milias
at 1:15 P.M.
Present:Councilmen Carl W.Pate,Kenneth L.Petersen,Courtland M.
Rush, Everett C. Wentworth. Absent: Councilman Stg',Sanchez, Charles
Gallo.
The Mayor states that the purpose of this meeting is to consider ~
and pass upon the necessary ordinance and resolution to imposing l...
a city sales and use tax to be collected and administered by the
State Board of Equalization.
The City Clerk now presents and reads ORDINANCE NO.545.
Motion by Councilman Pate,seconded by Councilman Wentworth that
ORDINANCE NO.545 be adppted.
ORDINANCE NO.5~5
AN ORDIANCNE OF THfE CITY OF GILROY,IMP SING A CITY SALES AND
USE TAX;PROVIBING FOR THE PERFORMANCE BY THE STATE BOARD OF
EQUALIZATION OF ALL FUNCTIONS INCIDENT TO THE ADMINISTRATION,
OPERATION, OPERATION AND COLLECTION OF TH~SALES AND USE TAX
HEREBY IMPOSED;SUSPENDING THE PROVISIONS OF ORDINANCES NOS.
494 AND 534 DURING SUCH TIME AS THIS ORDINANCE IS OPERATIVE;AND
PROVIDING PENALTIES FOR VIOLATIONS THEREOF.
Vote on the motion to adopt ORDINANCE NO.545:
..AYES: Councilmen Pate, Petersen, Rush, Wentworth
NOES: Councilmen None
ABSENT: Councilmen Sanchez,Gallo.
The City Attorney presents and reads RESOLUTION NO.396:
The City Attorney presents and reads "Agreement for State
Administration of Local Sales and Use Taxes".
Motion by Councilman Petersen, seconded by Councilman Wentworth
that RESOLUTION NO.396 be adopted. ,
RESOLUTION NO.396 DIRECT~~~Oi~~I~:~~i~66INTO AND EXECUTION OF WI .
AN AGREEMENT WITH THE STATE BOARD OF EQUALIZATION TO PERFORM
ALL FUNCTIONS INCIEENTAL TO THE ADMINISTRATION AND OPERATION
OF SALES AND USE TAX ORDINANCES NOS.494 AND 534 OF THE CITY OF
GILROY,KNOWN AS THE UNIFORM LOCAL SALES AND USE TAX ORDINANCE
OF THE CITY OF GILROY.
WHEREAS, the Common Council of the City of Gilroy has heretofore
and on this 26th day of September,l956, regularly adopted
Ordinance No.545 of the City of Gilroy,entitled,"AN ORDINANCE
OF THE CITY OF GILROY,IMPOSING A CITY SALES AND USE TAX;PROVIDING
FOR THE PERFORMANCE BY THE STATE BOARD OF EQUALIZATION OF ALL
FUNCTIONS INCIDENT TO THE ADMINISTRATION, OPERATION AND COLLECTION
OF THE SALES AND USE TAX HEREBY IMPOSED:SUSPENDING THE PROVISIONS
OF ORDINANCES NOS.494 AND 534 DURING SUCH TIME AS THIS ORDINANCE
IS OPERATIVE:AND PROVIDDNG PENALTIES FOR VIOLATIONS THEREOF";and,
WHEREAS, the said Ordinance No.545 provides that prior to the
first day of October,1956,the date on which said ordinance shall
become operative, the said City of Gilroy shall contract with the
State Board of Equalization to perform all functions incidental
to the administration and operation of said Sales and Use Tax
ordinance,and it is necessary that the said City of Gilroy enter
into the said contract prior to said first day of October,1956,and,
WHEREAS, there has been submitted to the Common Council of the ~
Ci ty of Gilroy a form of proposed agreement to be entered into ~...r
for the purpose aforesaid, and to carry out the provisions of the
said Ordinance, and the said City of Gilroy has heard the said
agreement read,and approved the same.
NOW,THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY
OF GILROY AS FOLLOWS:
That the said agreement as submitted between the said City of
Gilroy and the said State Board of Equalization be netered into
and executed, and that the Mayor of the City of Gilroy be, and he
is hereby, authorized to execute the said ageeement on behald of
the City of Gilroy.
ADOPTED and fASSED this 26th day of September,1956, by the
following vote.:
AYES: Councilmen Pate,Petersen,Rush,Wentworth
NOES: Councilmen None
ABSENT:Councilmen Sanchez,Gallo.
Attest:
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City Clerk
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Motion by Councilman Pate,seconded by Councilman Wentworth and
Qarried that this meeting adjourn.
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City Clerk