Minutes 1956/11/05
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Gilroy, California
November 5,1956
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,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 October 1st, the regular
adjourned meeting of October 15th and the special meeting of
October 19,1956.
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 meet-
ing of October 1st, the regular adjourned meeting of October 15th
and the special meeting of October 19,1956,approved.
A communication is read from Logan and Frazer,city auditors,
stating that they have examined the city's books of account and
record for the quarter ended September 30,l956 and have found
everything in order.
Motion by Councilman Petersen, seconded by Councilman Wentworth
and carried that the audit report of Logan and Frazer,city auditors,
for the quarter ended September 30,1956 be accepted and filed.
A communication is read from the Continental Service Company
advising that the old ~ank of America property located on the east
side of Monterey Street between Martin and Lewis streets is avail-
able for purchase by the city for the sum of $17,500.00.
Motion by Councilman Pate,seconded by Councilman Sanchez and
carried that the City Clerk notify the Continental Service Company
that the city is ready to negotiate for the sale of the old Bank of
America property located on the east sidem of Monterey Street between
Martin and Lewis streets at the price stipulated in their letter,
namely,$l7,500.00.
A communication is read from the Superintendent of Schools relative
to the school crossing at First and Hanna streets.
Councilman Sanchez discusses the action taken to date on this
matter-that the Division of Highways has been requested to place
the area from Miller Avenue to Monterey Streettin a 25 mile zone.
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The City-Attorney presents and reads a portion of an op1n10n from
th_~ Attorney General with reference to the dual responsibility between
the schools and the city for protection of school children at cross-
wa~s adjacent to schools and cites a change in the law on this mabter.
The Clerk is instructed to arrange a meeting between the Superintendent
of Schools and the Police Committee of the Council to discuss this
matter further'.
Two representatives of the Parent-Teachers Association now appear
before the Council to urge that something be done to protect the
children crossing First Street at Hanna Street when going to and from
school. The matter of visibility at this intersection is referred to
the Street Committee.
A c'ommunication is read from the Pacific Gas and Electric Company
with reference to the gas and electric franchise payments to the
city. ,The Mayor,states that he believes that this matter will be
settled within the next two weeks.
Councilman Petersen reports that all is in readiness for the city
. to purchase the two acrrs of property from the Gilroy Elementary
School District as a sie for a National Guard Armory.
Colonel Paul Tielh,commanding officer of the 159th Infantry,CNG,
now appears before the Council to urge that the transaction be
completed s'o the State can proceed with the construction of an armory
building stating that he believed that construction on the building
could be started in the Spring and advising the Council that the
building,when completed, will be available for community use.
The City Attorney now presents and reads RESOLUTION NO.)99.
Motion by Councilmam Petersen,seconded by Councilman Rush that
RESOLUTION NO.)99 be adopted.
RESOLUTION NO.)99
to
BE IT RESOLVED:
That the City of Gilroy shall,and does hereby,exercise the pption
heretofore given to the City of Gilroy by the Gilroy School District
of Santa Clara County,State of California,to purchase for the sum of
$2,100.00 per acre,in cash,the following described real property
located in the County of Santa Clara,State of California, to-wit:
Being a portion of Las Animas Ranchlot 2) as shown
on Map No.7 accompanying the final report of the
Referees in the Las Animas Rancho Partition Suit,
Action No.55)6 had in the Superior Court of the State
of California,in and for the County of Santa Clara,and
being also a portion of Lot 8 as shown on map entitled
"Map of Henry Miller's Subdivision of Las Animas Ranchlot
No.2)", 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 monuement set to replace the
original 4" x 4" stake S2M as shown on said Map No.7
at the corner common to Ranchlots 2) and 24 in the
southerly line of Ranch Lot 25,and running thence along
the southwesterly line of Ranchlot 24 S.22 deg.l5' E.
224.42 feet;thence S.89010'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. 0042'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.89010'E. )7).)5 feet to the point of beginning,and
CONTAINING THEREIN 2.00 acres of land,gross.
and that written notice of the election to exercise said option
shall be given to the Gilroy School District of Santa Clara
County in accordance with the terms of the pption,and that said
notice be executed on behalf of the City of Gilroy by the Mayor.
BE IT FURTHER RESOLVED:
That the p~rchase pric~ of $2,100.00 per acre or the total sum of
$4,200.00,shall be forthwith de~psited in escrow with the San Jose
Abstract & Title Insurance Com~any,San Jose,California,with
instructions to pay the same to the said Gilroy School District of
Santa Clara County upon the execution and delivery of a good and
sufficient deed conveying a good merchantable title to the said
premises to the said City of Gilroy,and the furnishing of a title
insurance policy showing the conditions of the title to be free
and clear of encumbrances,liens and claims.
PASSED and ADOPTED ~his 5th day of November,1956, be the following
vote:
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NOW,THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF
GILROY:
That the said bid of $3,360.00 of the Pacific Gas and Electric
Company be, and the same is,hereby accepted, and that a contract
be entered into with the Pacific Gas and Electric Company in
accordance with its bid, and that said contract contain, among
other things,a provision that the contractor must provide that
the work shall be done strictly in accordance with the plans and
specifications above referred to.
BE IT FURTHER RESOLVED:
That upon the execution of the contract, the certified check of
ten percent of the amount of the bid, accompanying the said bid,
be returned to the said bidder.
PASSED and ADOPTED this 5th day of November,1956, by the follow-
ing vote:at a regular meeting of the Common Council of the City
of Gilroy:
AYES: Councilmen
NOES: Councilmen
ABSENT: Councilmen
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Pate, Sanchez,Gallo, Petersen, Rush,Wentworth
None
None.
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Mayor
Attest:
G. C-.. ~~
City Cler
The City Attorney now presents and reads RESOLUTION NO.402.
Motion by Coun~ilman Petersen,seconcded by Councilman Gallo
that RESOLUTION NO.402 be adopted.
RESOLUTION NO.402
RESOLUTION OF THE CITY OF GILROY LEVYING ASSESSMENT FOR FISCAL
YEAR COMMENCING JULY 1,1957, AND ENDING JUNE 30,195S,STREET
LIGHTING DISTRICT NO.1.
WHEREAS, the City Building Inspector of the City of Gilroy has
duly made and filed his report in writing in the matter of
furnishing and installing of street lighting poles and street
lights for a street lighting system for an Improvement District
in the City of Gilroy,comprising Tract No.239,Renz Addition to
the City of Gilroy,and portions of Tract No.1046,Wayland Lane
Tract,and Lpupe Northern Addition to the City of Gilroy,all as
described in the said report and Resolution of Intention, the
same being Resolution No.3SS of the Common Council of the City
of Gilroy,passed and adopted on the first day of October,1956,
the said report presenting and including:
(I) Plans and specifications of the proposed
improvement.
(2) An estimate of the cost of the improvement for
the period of time during which it is proposed
to be continued.
(3) A diagram showing the assessment district.
(4) Schedule showing the proportionate amount of the
assessment to be charged against each of the
several lots or parcels of land in the said
District,for the period commencing November 1,
1956, and ending June 30,1959,and for each
fiscal year included therein,viz:the fiscal year
1957-195S,and 1955-l959,all in accordance with
the Street Lighting Act of 1919 of the State of
California;
and,
WHEREAS, the said Common Council of the City of Gilroy did, on
October 1,1956,adopt said report, confirm the proposed assessment,
and invited bids for furnishing and installing said street
lighting system;and,
WHEREAS, the said report of the said City Building Inspector
hereinbefore referred to included,as a part of the cost of the
said improvement, the sum of $900.00 for incidental expenses, the
same being in addition to the actual co.ts of the material, labor
and equipment used in installing the said street lighting system,
which said sum of $900.00 covered the cost of publication of
notices required by law, and attorney fees in the sum of $700.00,
and both of said amounts are included in the assessment which is
hereinbefore referred to which the said Common Council has
approved; and,
WHEREAS, the said Common Council has heretofore determined that
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it shall advance from its General Fund sufficient money to pay
the costs of the said improvement, including the said incidental
costs and expenses,and that the sum so advanced shall be deemed
a loan to the Special Fund required for said Improvement Dmstrict
and shall be repaid out of the proceeds of the assessments;
and,
WHEREAS, the duties of assessing property and collectingtaxes in the
City of Gilroy for the said City of Gilroy are performed on behalf of
the said city by the County Assessor and the County Tax Collector of
the County of Santa Clara in the manner provided by law;and,
WHEREAS, the Common Council of the City of Gilroy has elected and
does hereby elect to adopt the alternative proceedure for installment
assessments set forth in Chapter 8 of the said Street Lighting Act of
1919 of the State of California for the levying and collection of
assessments,and a certified copy of the assessment as heretofore
adopted and confirmed by the Common Council of the City of Gilroy,
together with the report and diagram as finally adopted and confirmed
by the said Common Council, has been transmitted to and received by
the County Controller of the County of Santa Clara.
NOW,THEREFORE,BE RESOLVED BY THE COMMON COUNCIL OF THE CITY OF GILROY:
That said assessment for said fiscal year 1957-l958, commencing the
first day of July,l957,and ending the 30th day of June,l958,is
hereby levied upon all of the respective subdivisions of land within
the Assessment District,in accordance with the assessment and diagram
contained in the report of the said City Building Inspector,said
Assessment District being that described in said Resolution of
Intention;and said assessment is so levied upon the lands aforesaid
to pay such portion of the costs of said improvement for said fiscal
year 1957-l958 as the total of said assessment amounts to for said
period.
BE IT FURTHER RESOLVED:
That a special fund shall be established by the City Treasurer to
be known as "lighting District Improvement Fund" and payments shall
be made out of said special fund only for the purposes provided for
herein. The assessments as collected shall be dsposited in said
Special Fund,and since there will be no assessment collected for said
,improvement until the latter part of 1957,there shall be advanced
to and placed in said Special Fund forthwith from the moneys in the
General Fund of the City of Gilroy,the sum of $4,267.34, the amount
necessary to pay for the said improvement and incidental expenses
including attorney fees and costs of publication of notices, which
said incidental expenses shall be forthwith paid from the said fund,
and as the assessment money is collected,it shall be repaid from the
said fund to the said City of Gilroy to be replaced in the General
Fund.
ADOPTED and PASSED this 5th day of November,1956 by the following
vote:
AYES:
NOES:
ABSENT:
Councilmen Pate,Sanchez,Gallo,Petersen,Rush,Wentworth
Councilmen None
Councilmen None
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Attest:
~.CA. ~of
City Clerk
The mat~er of improvement of Miller Slough channel at the Lewis
Street bridge is discussed and Walter J.Hanna,Jr. of the City Engineer's
office presents proposed plans and specifications.to enlarge the bridge.
Motion by Councilman Pate, seconded by Councilman Rush and carried
that the matter of enlarging the Lewis Street over Miller Slough be
declared and emergency and that the City Engineer and the City Building
Inspector proceed at once to procure the necessary materials and provide
the necessary labor for the work.
Councilman Pate discusses the possibility of placing corrugated pipe
in Miller Slough at Welburn Avenue to provide an outlet from the
northwest section of the city to Monterey Street. This matter is
referred to the Street Committee to investigate.
Councilman Gallo reports that the Ordinance Committee has not had
an opportunity to consider an ordinance forbidding the positing of
posters,e~c.on poles within the city limits.
Councilman Wentworth reports that the necessary dirt to repair the
Llagas Creek levee at the Sewer Farm has been obtained from the new
garbage pit.
Councilman Wentworth reads a letter from the City aEngineer's office
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glv1ng his estimate of the cost of repairs to the levee on the
Carnadero Creek in the vicinity of the Hamburger ranch. This
communication is ordered filed.
Councilman Pate reports that the matter of night parking on
Eigelberry Street between Fourth and Seventh streets will be
studied further.
Councilman Pate announces that the Division of Highways is
going to change the light sequence in the traffice lights at
Martin,Fifth and Lewis streets.
Councilman Sanchez discusses the matter of new cars for the
Police Department and the radios in the present cars. This matter
will be discussed at a later date.
A Memorandum of Agreement for the Accunulation of Gas Tax for
Major Streets from the Division of Highways is presented and
discussed.
RESOLUTION NO.403 is presented and dead.
. Motmon by Councilman Pate,seconded by Councilman Rush that
RESOLUTION NO.403 be adopted.
RESOLUTION NO.403
RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF GILROY APPROVING
MEMORANDUM OF AGREEMENT FOR ACCUMULATION OF THE GAS TAX ALLOCATION
TO CITIES.
WHEREAS,a memorandum of agreement has been presented to be
entered into with the State of California for accumulation of gas
tax allocation to cities for the fiscal year 1957 in the City of
Gilroy; and
WHEREAS,the Common Council has heard read said agreement in
full and familiar with the contents thereof;
THEREFORE,be it resolved by the Common Council of the City
of Gilroy that, under the provisions of Section 200 of the Streets
and Highways Code,the gas tax allocated for major city streets be
accunulated for future expenditure,and that said agreement be and
the same is hereby approved,and the Mayor and the City Clerk are
directed to sign the same on behalf of said City,said agreement .
to be binding upon the City upon its execution by the authorized
officials of the State.
PASSED and ADOPTED this 5th day of November,1956, by the
following-vote:
"AYES: Councilmen
NOES: Councilmen
ABSENT: Councilmen
Pate,Sanchez,Gallo, Petersen, Rush , Wentworth
None
None
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Mayor
Attest:
r? k.~~
City Clerk
A plat of the proposed subdivision of Park Meadows Unit No.2 is
presented.
Motion by Councilman Pate,seconded by Councilman Rush and carri~d
that the plat of Park Meadows Unit No.2 be referred to the City
Planning Commission of the City of Gilroy for examination and
recommendation to the Council.
A plat of the proposed subdivision of a portion of the Third
Western Addition to the aCity of Gilroy is presented.
Motion by Councilman Pate,seconded by Councilman Wentworth and
carried that the plat of the proposed subdivision of a portion of
the lJi'Bi'ird Western Addition to the City of Gilroy be referred to
the City Planning Commission of the City of Gilroy for examination
and recommendation to the Council.
Reports of the Poundmaster,City Building Inspector,County Cont-
roller,Police Department are presented and read and ordered filed.
An application for an On Sale General License from James J. and
Lucille Marson,d.b.a.Marson's Restaurant,530 N.Monterey Street is
presented and read. No objection is made.
Reports of the City officers are presented and read.
Motion by Councilman Sanchez,seconded by Councilman Wentworth
and carried that the reports of city officers be accepted as read
and placed on file.
The City Attorney presents and reads ORDINANCE NO.54g.
Motion by Councilman Pate,seconded by Councilman Sanchez that
ORDINANCE NO.54g be adopted.
ORDINANCE NO.54g
ORDINANCE OF THE CITY OF GILROY AMENDING SECTION NO.71 6iDINANCE
NO.4g0 OF THE CITY OF GILROY,COMMONLY KNOWN AS THE TRAFFIC
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ORDINANCE,AS HERETOFORE AMENDED BY ORDINANCE NO.542,BY REPEALING
SUBDIVISIONS 16 AND 17 OF SAID SECTION NO.7l AS AMENDED BY SAID
ORDINANCE NO.542.
Vote on the motion to adopt ORDINANCE NO.548:
AYES: Councilmen Pate,Sanchez,Gallo,Petersen,Rush,Wentworth
NOES: Councilmen None
ABSENT: Councilmen None.
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The City Attorney presents and reads ORDINANCE NO.549.
Motion by Councilman Petersen,seconded by Councilman Sanchez that
ORDINANCE NO.549 be adopted.
ORDINANCE NO.549
AN ORDINANCE PROVIDING FOR THE ALTERATION OF THE BOUNDARIES OF THE
CITY OF GILROY BY ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY,
TO BE KNOWN AS "FOURTH NORTHERN ADDITION TO THE CITY OF GILROY",AND
FOR THE INCORPORATION OF SUCH ANNEXED TERRITORY IN AND AS A PART OF
SUCH MUNICIPALITYFOR THE GOVERNMENT AND MUNICIPAL CONTROL OF SUCH
ANNEXED TERRITORY.
Vote on the motion to adopt ORDINANCE NO.549:
AYES: Councilmen Pate,Sanchez,Gallo,Petersen,Rush,Wentworth
NOES: Councilmen None
ABSENT: Councilmen None.
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 Rush and carried
that the sum of $20,000.00 be transferred from General Fund "B" to
General Fund "A".
Motion by Councilman Petersen,seconded by Councilman Sanchez and
carried that this meeting adjourn to Monday,November 19,1956 at 8
o'clock p.m.,Council chambers,City Hall,Gilroy,California.
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