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Minutes 1956/09/17 r 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. . 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. 1'766 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: ., i .... ~ I .... AYES: NOES: Councilmen: C.M. Rush, Kenneth Petersen, Everett Wentworth, Chas. Gallo, Sig Sanchez. Councilmen: None ABSENT: Councilmen: earl W. Pate 1?r ;a~o;r.-~ Attest: Ci~ ~~ 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: ~ ; j ~ 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 JI!fI',., - 11"",."" I .....",., - 1767 RESOLUTION NO. 393 AP~ a. ~' , - ) - I Mayor Attest: ~.~,(Uh^ 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 1768 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. ~ 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: (jJ'1g:u~gnuux~1U18JQ1M ~ .:naQaU1Uf1JXU~:nu~~~~An~Pt..,1""~.xx D1WfXU~~~UJ): U1fP-l 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 ~ ( r? ~ 'MaYOr . ~ Attest: ~i~ ~erk 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 {lTt)~X~~xmttn~ ~"5u:dx~~UJ:UX.x~~~ ~~)blIil".dif-titi""lAfltih{~iW1CD:zx~..fJXT'lnifl'}'ll..m~ ~ . , . . WIIi'1ixjomll',,)<:ila:a ~~~lVCU"~UQxtl~VJlxt'uU'ttt~1:bpc~"lli"x.\,t:~~;c:xmxx.mu'Pi~~'mdi ~ \.' #IJiiF-'i'" 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. -... 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 ,..--."" ~~. . Mayo; ~- - Attest: ~. (",~ . 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. I" .'''''_..... ~(O~ 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: ~, G... ~~ City Clerk ~or@' 17'71 ~J, Motion by Councilman Pate,seconded by Councilman Wentworth and Qarried that this meeting adjourn. - (t. G.,. ~~ City Clerk