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Minutes 1956/11/05 17~8( ~ t 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. Ie ie :c 1779 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: 1782 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 I Pate, Sanchez,Gallo, Petersen, Rush,Wentworth None None. /~e~ 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 I .1 "";-"''''' i , I 10._.. fItt""... ....,...... ,.. . , i ! ....... 1783 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 ~ /(2. ?-r)~ 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 1784 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 ~ ~~ 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 ~ ~ ~.',.. ~ 1785 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. I ' I I 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. ~~~'l~~ 11