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Minutes 1956/09/27 17'71 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 1772 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. ~ J ~ J ~ .~ ......~ , I I --.., ~". ',~ , I ".4/11 I" ' ~~~' 1773 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 ~ 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 17'74 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 1775 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 .