Minutes 1956/09/27
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Gilroy, California
September 27,1956
This special meeting of the Common Council is called to order by
His Honor Mayor George C.Milias at g~dtclock P.M.
Present: Councilmen Sig Sanchez, Kenneth L~,Petersen, Courtland M. Rush,
Everett C.Wentworth. Absent:Councilmen Carl W.Pate,Charles Gallo.
The Mayor states that the purpose of this meeting is to consider
and pass upon and amendment to Ordinance No.545.
The City Attorney presents and reads ORDINANCE NO.546.
Motion by Councilman Petersen, seconded by Councilman Rush that
ORDINANCE NO.546 be adopted:
ORDINANCE NO.546
AN ORDINANCE OF THE CITY OF GILROY AMENDING ORDINANCE NO.545,IMPOSING
A CITY SALES AND USE TAX;PROVIDING FOR THE PERFORMANCE BY THE S~ATE
BOARD O~ EQUALIZATION OF ALL FUNCTIONS INCIDENT TO THE ADMINISTRATION,
OPERATION AND COLLECTION OF THE SALES AND USE TAX THEREBY IMPOSED:
SUSPENDING THE PROVISIONS OF ORDINANCES NOS.494 AND 534 DURING SUCH
TIME AS THIS ORDINANCE IS OPERATIVE:AND PROVIDING PENALTIES FOR
VIOLATIONS THEREOF BY CHANGING THE THE RATE OF TAX FROM ONE (1) PER
GENT TO .91 OF ONE PER CENT (.9l)
Vote on the motion to adopt ORDINANCE NO.546:
AYES: Councilmen Sanchez,Petersen,Rush,Wentworth
NOES: Councilmen None
ABSENT: Councilmen Pate,Gallo.
Motion by Councilman Sanchez,seconded by Councilman Rush and
carried that this meeting adjourn.
e.~,~
City Clerk
Gilroy, California
October 1,1956
This regular monthly meeting of the Common Council is called to
order by ijis Honor Mayor George C.Milias.
Present~Councilmen Carl W.Pate,Sig Sanchez, Charles Gallo,Kenneth
L.Petersen,Courtland M.Rush,Everett C.Wentworth.
The Mayor now asks if all Councilmen have received copies of the
minutes of the regular monthly meeting of September 4th,the regular
adjourned meeting of September 17th and the special meetings of
September 26th and 27th,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.
The Mayor now declares the minutes of the regular monthly meeting
,of September 4th,the regular adjourned meeting of September 17th,
and the special meetings of September 26th and 27th,1956,approved.
This being the time specified in a legal notice calling a public
hearing on the formation of a Lighting District in the area com-
prising 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 the Mayor now asks if any written protests have
been received against the formation of the District. The City Clerk
states that he has received no written protests on the formation of
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a Lighting District in the area compr1s1ng Tract No.239,and
portionsa of Tracts No.1046,Wayland Lane Tract,and Loupe Northern
Addition to the City of Gilroy.
The Mayor now asks if there is anyone present who desires to
speak against the formation of the Lighting District. No person
appears to speak against the formation of the Lighting District.
The Mayor now asks if there is anyone present who desires to
speak for the formation of the Lighting District. 80. person appears
to speak for the formation of thr Lighting District.
The City Attorney now presents and reads R$SOLUTION NO.397.
Motion by Councilman Gallo,seconded by Councilman Rush that
Resolution No.397 be adopted.
RESOLUTION NO.397
RESOLUTION ORDERING IMPROVEMENT CONSISTING OF STREET LIGHTING
TO BE MADE,ADOPTING REPORT OF CITY BUILDING INSPECTOR, CONFIRMING
PROPOSED ASSESSMENT,AND CALLING FOR BIDS.
WHEREAS, the Common Council of the City of Gilroy did on August
20,1956,pass its Resolution of Intention,the same being Resolution
No.3BB,declaring its intention to order replacing of obsolete
lighting system now existing in the area comprising Tract No.239,
Renz Adiition to the City of Gilroy,and portions of Tracts No.1046,
Wayland Lane Tract,and Loupe Northern Addition to the City of
Gilroy,a complete description of which area was included in said
Resolution,by the furnishing and imtallation of steel lighting
poles and street lights for a period commencing November 1,1956,
and ending June 30,1959;and,
WHEREAS,the said Common Council of the City of Gilroy did on the
said 20th day of August,l956,consider and find sufficient that
certain report entitled "REPORT OF THE CITY BUILDING INSPECTOR
OF THE CITY OF GILROY IN THE MATTER OF FURNISHING AND INSTALL-
AIION OF STEEL LIGHTING POLES AND STREET LIGHTS FOR A STREET -
LIGHTING SYSTEM FOR AND IMPROVEMENT DISTRICT COMPRISING TRACT
NO.239 RENZ ADDITION TO THE CITY OF GILROY,AND PORTIONS OF TiACTS
NO.1046,WAYLAND LANE TRACT AND LOUPE NORTHERN ADDITION TO THE
CITY OF GILROY,IN ACCORDANCE WITH "STREET LIGHTING ACT OF 1919'
OF THE STATE OF CALIFORNIA",and has made no modifications thereof;
and,
WHEREAS,the time and plaoe for heating protests in relation to
the said proposed improvement were heretofore appointed and fixed
by Resolution of the said Common Council of the City of Gilroy,
and pursuant to said resolution the City Clerk gave due notice
of said hearing by posting and publication in all respects as
required by law as appears from affidavits of said posting and
publication in the office of the said City Clerk;and,
WHEREAS,the time provided by law for filing protests against said
proposed improvements has expired and no protests having been filed.
NOW,THEREFORE,BE IT RESOLVED:
That said report is hereby adopted as a whole.
BE IT FURTHER RESOLVED:
That the proposed assessment contained in said report is hereby
confirmed.
BE IT FURTHER RESOLVED AND ORDERED:
That said proposed improvement be made in accordance with the
provisions of the "Street Lighting Act of 1919",and in accordance
with the plans and specifications contained in said report,the
City Building Inspector being hereby designated as the officer
under whose supervision said work of improvement must be done.
BE IT FURTHER RESOLVED:
That the City Clerk is hereby directed to publish by two 'insertions
in the GILROY EVENING DISPATCH,a daily newspaper published and
circulated in the City of Gilroy,and the newspaper hereby desig-
nated for that purpose,a notice inviting sealed bids for furnish-
ing and installing said steel lighting poles and street lights
for said Street Lighting System in said district for said period
beginning with the first day of November,1956,and ending the 30th
day of June,1959,as provided by saod Street Lighting Act of 1919,
and in accordance with the aforesaid plans and specifications;said
notice shall require that each bid shall be accompanied by a
certified check payable to the order of the City Clerk amounting
to ten (10%) per cent of the aggregate amount of the bid as pre-
scribed by law,and said notice shall also specify that said pro-
posals or bids will be received by the City Clerk up to the hour
of B:OO o'clock p.m. of the fifth day of November,1956,and will
be publicly o,ened and examined and declared at the regular meet-
ing of theEsaid Common Council set for said hour.
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BE IF FUITHER RESOLVED:
That after bids are received and a bid is accepted for the said im-
provement that there shall be transferred from the general fund of
the City of Gilroy the amount of the bid that is accepted and all
incidental and additional expenses3into a special fund to be des-
i~nated as "Street Lighting District",and the sum so transferred
shall be deemed a loan to such special fund and shall be repaid out
of the proceeds of the assessments when and as collected.
ADOPTED and PASSED this 1st day of October,1956, by the following vote:
AYES: Councilmen Pate, Sanchez, Gallo, Petersen, Rush, Wentworth
NOES: Councilmen None
ABSENT: Councilmen None
~Yor fl
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Attest:
(g. c,\r~
City Clerk
A communication ms read from the Auxilliary Police requesting the
Council to appropriate the sum o'f $1000.00 each year for replacement
of uniforms.
Councilman Sanchez presents and reads the financial statement of
the Auxilliary Police and recommends that the request for appropria-
tion be referred to the Finance Committee. The Council unanimously
agrees to accepteOouncilman Sanchez' recommendation.
An agreement between the County of Santa Clara and the City of Gilroy
with referemce to the Local Sales and Use Tax payments is presented
and read.
Motion by Councilman Pate, seconded by Councilman Petersen ahdcarried
that the agreement between the County of Santa Clara and the City of
Gilroy with reference to the Local Sales and Use Tax payments be
accepted as read and the May~r authorized to sign the agreement on the
part of the City.
A communication is read from the Public Utilities Commission re-
questing further information from the city on the application of the
Southern Pacific Company to close Bane Lane crossing.
Motion by Councilman Pate, seconded by Councilman Wentworth
carried that the Public Utilities Commission be advised that
maintains that Bane Lane crossing should be closed effective
Alexander Street is connected with Bane Lane.
Resolution NQ.60 of the City Planning Commission of the City of
Gilroy recommending the annexation of the 4th Northern Addition to
the City of Gilroy is presented and read.
Motion by Councilman Wentworth, seconded by Councilman Sanchez and
carried that Resolution No.60 of the City Planning Commission of the
City of Gilroy be qccepted as read.
Motion by Councilman Rush,seconded by Councilman Petersen that
the 5th day of November,1956, be set as the date for the Council
hearing on the proposed annexation of the 4th Northern Addition to
the City of Gilroy and that notice of said hearing be given according
to law.
A communication is read from Poundmaster Bert Weiss requesting per-
mission to canvass the city and urge dog owners to purchase licenses
for their dogs. It is unanimously agreed to table the request of the
l.l Poimdmaster.
Mr. Donald Martin of 324 Walnut Lane, now appears b9fore the Council
and presents a petition signed by 76 residents and property owners
reermding";'. along and in the vicinity of Miller Slough requesting the
Council to establish a more effective means of flood control of Miller
Slough.
Councilman Pate reports on plans to relieve the bottleneck in the
slough at Lewis Street bridge and W.J.Hanna,Jr. of the City Engineers
office reports that his office has completed the survey of the slough
for the Flood Control District. The group of residents and property
owners present werE assured that everything possible would be done to
relieve the flood hazard of Miller Slough.
A communication from Sheriff Hawley with reference to election
posters being attached to poles and fences is read and the matter of
and ordinance regulating poster and election poacards is referred to
the Ordinance Committee.
Councilman Sanchez discusses the matter of salary for Police Officers
on probation and special duty officers.
Motion by Comncilman Sanchez, seconded by Councilman Pate and carried
that the salary of Police Officers on probation be set at $325.00 per
month, effective October l,1956 and that special officers receive the
and
the City
only when
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sum of $14.00 per day.
Councilman Sanchez reports that the newspaper survey for pre-
ference of location for a proposed swimming pool was not satis-
factory-27 voting for locating the pool on high school property
and 21 for the city to construct the pool on a "go it alone basis".
Councilman Sanchez also reports that the Parks and Recreation
Commission have voted to locate the proposed pool on high school
property.
Councilman Sanchez states that the Recreation Committee of the
Council will meet with the High School Board of Trustees on Thursday,
October 4th,1956 at g o'clock p.m. to discuss the proposed swimming J
pool further and invites any of the Councilmen to attend this meet- ,.. ...
ing.
Councilman Wentworth reports that the bridge across the Llagas
Creek at the City Sewer Farm will be opened Tuesday,October 2,1956.
Councilman Petersen reports that the Elementary School Board has
signed the option for purchase by the city of 2 acres of land in the
proposed 4th Northern Addition as a site for an Armory.
Councilman Petersen reports that the Buildings and Grounds
Committee will meet with the Board of Trustees of the Gilroy Public
Library to view the plans and specifications for improvement of
the library building.
Councilman Petersen reports that the roof of Wheeler Auditorium
is need of repairs.
Motion by Councilman Pate,seconded by Councilman WenWworth and
carried that the roof of Wheeler Auditorium be repaired under the
supervision of the City Building Inspector.
Councilman Rush reports that the annual Firemen's and city
employees dinner will be held at Hotel Milias on Thursday,October
ll,1956.
Councimman Pate discusses the allocation of city fire insurance
business and recommends that E.E.Eustice be retained as broker of
record and for this service he receive 20% of premiums the remaing
amount'-of premiums to be divided equally between the other agents
participating.
Motion pyCouncilm$in Rush,seconded by Councilman Pate and carried jIIIIIIIIj
that the reommemdation of the Finance Committe, Councilman Pate, i J
chairman,be accepted and that E.E.Eustice be appointed broker of ~
record for the city fire insurance business and for this service
he receive 20% of the total premiums the balance of the premiums
amount to be divided equally among the other agents participating.
Councilman Pate discusses the Pacific Gas and Electric Company
franchise and recommends that the City notify the Company that
the City has a valid franchise and request the Company to pay the
2% of gross receipts from the sale of gas and electricity in the '
city as provided in the franchise and that if the said 2% is not
forthcoming that the Council go on record as favoring the purchase
of ,the company's distribution system in the City of Gilroy and /
operating it as a municipally owned utility.
Motion by Councilman Pate, seconded by Councilman Sanchez and
carried that the city has a valid contract with the Pacific Gas
and Electric Company for payment of 2% of the gross receipts
from the sale of gas and electricity in the City of Gilroy and
the Pacific Gas and Electric Company wants to compromise on the
2%,'of gross receipts from the sale of gas and electricity wi thin
the corporate limits o.f the City of Gilroy and if the 2% of the
gross receipts from the sale of gas and electricity within the
City is not forthcoming this Council go on record as being in
favor of acquiring the distribution system of the Pacific Gas ana
Electric Company within the corporate limits of the City of Gilroy
by purchase or condemnation. ~
Councilman Pate discusses the street work accomplished this year
and commends the City Building Inspector for his work;also discuss- .J
es the advisaBility of surfacing the south half of Welburn Avenue
from Hanna Street to Wayland Lane when the owners of Sherwood Park
tract surface the north half of this street.
Motion by Councilman Pate,seconded by Councilman Petersen and
carried that a price commitment be obtained for surfacing the ?
the south half of Welburn Avenue between Hanna Street and Wayland
Lane the work to proceed under the same arrangements as are present-
ly being carried for street work .
Councilman Pate discusses the possibility of obtaining refuse
cantto place along Monterey Street. It is agreed to have the
Purchasing Agent secure prices on the necessary receptacles. /
Councilman Sanchez recommends that the City Engineer make a
survey of the two proposed outlets from the north end of Wayland
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Lane to connect Wa~land Lane with Wren Avenue and the Council request
tne the City Plann1ng Commission to recommend,in writing, their locat-
ion for this connecting street.
Reports of the Building Inspector,the Police Department and the
Poundmaster are presented and read.lt is ordered that these reports
be filed.
An application for an On Sale General liquor license from Albert G.
Gurries and James J.and Lucille Marson,d.b.a.Marson's Restaurant,530
N.Monterey Street and an application for an On Sale Beer license from
Robert L. and Lois O.Woods,d.b.a.Bob and Lois's Cafe, 309 S.Monterey
Street, are presented and read.No objection is made.
Reports of 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 rBad and
ordered placed on file.
Motion by Councilman Pate,seconded by Councilman Rush and carried
that bills as presented be allowed and warrants ordered drawn on
the Treasurer.
Motion by Councilman Pate,seconded by Councilman Wentworth and
carried that this meeting adjourn to Monday,October 15,l956 at S
o'clock p.m.,Council chambers,City Hall,Gilroy,California.
G.~.~
City Clerk
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