Minutes 1957/05/06
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Gilroy, California
May 6,1957
This regular ..-thly meeting of the Common Council is called to order
by His Honor Mafor George C.Milias.
Present:Counci~en Carl W.Pate,Sig Sanchez,Charles Gallo,Kenneth L.
Petersen,Courtland M.Rush',Everett C.Wentworth.
, The Mayor now asks if all Councilmen Hvae received copies of the
the minutes of the regular monthly meeting of April 1 and the; regular
adjourned meeting of April 15,1957.
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 monthJY meeting of
April 1st and the'regular adjourned meeting of April 15,1957,approved.
This being the time specified in a legal notice published in the
Gilroy Evening Dispatch calling a public hearing on the matter of the
petition of Elmer J.Serpa,6l1 N.Hanna Street, to rezone a portion of
his property located on the west side of Hanna Street between First
Street and Broadway from Zone "B" to Zone "C-l",the Mayor now asks if
there is anyone present who desires to speak on the matter.
Mr.Elmer J.Serpa now appears before the Council to discuss his
petition for rezoning.
Mr.Don Brown,577 N.Hanna Street,now appears before the Council and
states that he has no objection to the rezoning requested by Mr.Serpa.
The Mayor now requests the City Clerk to read Resolution No.61 of
the City Planning Commission of the City of Gilroy reporting their
findings and recommendations on the petition of Elmer J.Serpa to re-
zone a portion of his property located on the west side of Hanna Street
between First Street and Broadway.
Motion by Councilman Pate, seconded by Councilman Wentworth and carried
that the hearing on the petition of Mr.Elmer J.Serpa to rezone a portion
of his property located on the west side of Hanna Street between First
Street and Broadway be continued for two weeks to Monday,May 20,1957
and that the Ordinance Committee contact the City Planning Commission
of the City of Gilroy and request a conference with the Commission on
this rezoning matter.
The Mayornow calls upon the City Attorney to present and read:
"Opinion of City Attorney re legality of the George White accessory
building".
Mr. George White now appears before the Council to request information
on the matter of the location of his accessory building.
Mr.Frederick Reinheimer,attorney, representing property owners located
in the 300 block on the east sine of Princevalle Street and the west
side of Carmel Street,now appears before the Council to discuss the
Zoning Ordinance and urges that Mr.White be required to move his
accessoey building a distance of five feet from his north property
line and remove all cooking appliances from the building.
Motion by Councilman Wentworth,seconded by Councilman Sanchez and
carried that "Opinion of City Attorney re legality of the George
White accessory building" be accepted as read and placed on file.
Councilman Pate reports that the Street Committee recommends that
the city not enter into the county-wide highway survey being advocated
by the Inter-City Council. No further action is taken on this matter.
Councilman Sanchez reports that all property owners on North Forest
Street have signed or will sign the agreement to iastal a water main
on North Forest Street. Superintendent of Public Works Byron Brown
reports that Ralph and Hannah Costello have signed their agreement and
all other property owners have signed or are readys to sign their
agreement.
The City Attorney reports that the State will accept the last deed
presented to them for the armory site on Wren Avenue-that the deed
includes 2 acres except that part in Wayland Lane.
Councilman Wentworth reports on the 5th Street-Miller Avenue drain-
age project and recommends that the city assume the diffrence betwwen
what the property owners concerned in this project will put up and
the cost of the project this difference to be collected by the city
as development progresses in the area served by the storm drain line.
Motion by Councilman Wentworth, seconded by Councilman Petersen and
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carried that/:;the City Engineer be instructed to proceed to draw UpL
plans and specifications and bid forms for the Fifth Street-Miller
Avenue storm drain line.
The Mayor di~cusses the matter of trees growing along the south
line of the Severance School property on North Church Street and
the damage these trees are doing to adjoining property.
Motion by Councilman Petersen, seconded by Councilman Pate and
carried that the Gilroy Elementary School Board be requested to
remove the trees along the south boundary of the Severance School
property and a chemical applied to destroy further root growth.
A communication is read from the Improved Order of Redmen and J
the Degree of Pocahontas requesting free use of Wheeler Auditorium
for a district conTention on October 12,1957. ' .
Motion by Councilman Gallo,seconded by Councilman Wentworth and
carried that the Improved Order of Redmen and the Degree of Poca-
hontas be granted free use of Wheeler Auditorium for their district
convention on October 12,1957 and the deposit for damage to
auditorium be waived.
A petition signed by fifteen businessmen whose businesses are
located on the west side. of Monterey Street between Sixth and
Eighth streets requesting the appointment of another police officer
of the City of Gilroy to patrol their establishments,is presented
and read.
This request is referred to the Police Committee of the Council.
A communication is read from the Public Utilities Commission
advising the Council that a hearing on a request for rate increases
by the Pacific Gas and Electric Company will be held in~San Fran-
cisco on May l5,1957.No action is taken.
A comm~ication is read from Mr.Joe Leon,544 E.6th Street,
requesting permission to construct a small grocery store on his
property. This request is referred to the Planning Commission for
investigation and report.
A communication is read from the State Compensation Insruanee
Fund advising the city of a refund of $1064.99 on its compen-
sation insurance policy.
A communication is read from the District Superintendent of .C,
School requesting specifications for the proposed re-routing of
Forest Street east of the high school property. This communication ~
is referred to the Street Committee for action.
A communication is read from the City Planning Commission of the
City of Gilroy requesting the Council to enter into a contract
with the County of Santa Clara to have the County Planning Comm-
ission make a survey in the incorporated limits of Gilroy;the
city to pay the cost of this survey with possible assistance from
the Fe!eral Government in defraying the cost.
Motion by Councilman Sanchez,seconded by Councilman Pate and
carried that the City petition the Board of Supervisors of Santa
Clara County to enter into a contract with the City for a complete
survey by the County Planning Commission of the incorporated area
of Gilroy,the county to make a survey of the unincorporated area
at its own expense, the city to pay the cost of ~e survey in the
incorporated area of the City;that the Board of Supervisors be ·
requested to notify the City at least three days in advance of
of hering on the request so the City can be represented at the
meeting.
A communication is read from the City Planning Commission of the
City of Gilroy recommending certain amendments to the Zoning
Ordinance. The Clerk is instructed to advise the Planning Comm-
ission that this mat~er has been re-referred to them for the purpose
of calling a public hearing when the proposed amendments are ready. ~l.'
A communication is read from the president of the Gilroy Little
League requesting the city take over the watering and cutting of J
the grass at Little League Park on South Hanna Street. This matter '""
is referred to the Recreation Commission for recommendation to the
Council.
A communication is read from Logan and Frazer advising the Council
that the city's books of account and record have been audited to
March 31,1957 and found to be in good order. This communication is
ordered filed.
The City Attorney presents and reads RESOLUTION NO.427.
Motion by Council~an Rush,seconded by Councilman Petersen that
RESOLUTION NO.427 be adopted.
RESOLUTION NO.427
AUTHORIZING CITY CLERK TO DESTROY RECORDS OF THE CITY OVER FIVE
YEARS OLD.
WHEREAS, there is in the office of the City Clerk of the City of
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Gilroy a large accuaulation of unneeded records over five years old,
a.a
codsisting of dupliaete warrants,duplicate licenses, claim forms with
bills attached, and water ledger sheets consisting of bill stubs,and
WHEREAS, said records are occupying space required for the keeping
and storage of later records,and the said City Clerk has asked the
Common Council for authority to destroy all of said records which
have been in said office in excess of five years,and it appears that
the said records can be so destroyed without injury to the City of
Gilroy,
NOW,THEREFORE,BE IT RESOLVED:
That the said City Clerk be, and he is hereby authorized
to destroy all of said records which have been in his
office in excess of five years.
PASSED and ADOPTED this 6th day of May,1957, by the following vote:
AYES: Councilmen Pate,Sanchez,Gallo,Petersen,Rush,Wentworth
NOES: Councilmen None
ABSENT: Councilmen None.
Attest:
(J. Q,.~
City lerk
PCM8Y;.
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The City Attorney presents and reads one of the agreements for the
construction of the North For4st Street water line.
Councilman Sanchez, chairman of the Water Committee,discusses the
possible development of property on bhe east side of Forest Street
and that some provision should be made that will require the
developers of this property to pay for 2 inches of the 6 inch water
line to be laid on the west side of the street . It is unanimously
agreed that the City Attorney draw a resolution coverigtthis matter.
The City Attorney presents and reads RESOLUTION NO.428.
Motion by Councilman Pate,seconded by Councilman Wentworth that
RESOLUTION NO.428 be adopted.
RESOLUTION NO.428
BE IT RESOLVED:
That the City of Gilroy enter into a contract with the State
of California,designated "Right of Way Contract-State Highway",
which has been submitted to the Common Council of the City of
Gilroy,and which obligates the City of Gilroy to convey to
the State of California the property described in Document
No.19776,which is a grant deed,and which property is located
in the County of Santa Clara, State of California,described as
follows, to-wit:
COMMENCING at the intersection of the general
northerly line of the existing State Highway
in Santa Clara County,also known as Bodfish
Mill Road and as Hecker Pass Highway, Road
IV-SCl-32-D with the easterly line of Burchell
Road;thence along said easter16 line N. 140
61'39" W.,128.82 feet and N. 6 16'39" W..,
116.70 feet;thence N. 840 42'40" E.,125.44
feet;thence S. 5017'20" E.,139.95 feet;thence
along a tangent curve to the left with a radius
of 150 feet through an angle of 89001'Ol",an arc
length of 233.05 feet;thence N. 85041'39" E.,
177.29 feet;thence S. 4018'21" E.,20.00 feet to
said general northerly line;thence along last
said line S. 85041'39" W., 316.55 feet and
N. 65~39'39" W.,128.49 feet to the point of
commencement, containing 0.991 of an acre'"more
or less.
BE IT FURTHER RESOLVED:
That the said agreement be executed on behalf of the City
of Gilroy by the Mayor of said City.
PASSED and ADOPTED this 6th day of May,1957,by the following vote:
AYES: Councilmen Pate,Sanchez,Gallo,Petersen,Rush,Wentworth
NOES: . Councilmen None
ABSENT: Councilmen None.
Attest:
G\U.~
City Clerk
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The City Attorney presents and reads RESOLUTION NO.429
Motion by Councilman Sanchez,seconded by Councilman Petersen that
RESOLUTION NO.429.
BE IT RESOLVED:
That the City of Gilroy execute a grant deed to the State of
California, conveying to said State the following described property,
located in the, County of Santa Clara, State of California,described
as follows, to-wit:
Commencing at the intersection of the general northerly
line of the existing State highway in Santa Clara County,
also known as Bodfish Mill Road and as Hecker Pass High-
way,Road IV-SCl-32-D with the easterly line of Burchell
Road;thence along said esaterly line N. 14001'39" W.,
128.82 feet and No. 6016'39" W.,116.Z0 feet;thence N.
84042'40" E.,l25.44 feet;thence S. 5 l7'20"E.,139.95 feet;
thence along a tangent curve to the left with a radius of
150.00 feet through an angle of 8906l'01",an arc length
of 233.05 feet;thence N. 85041'39" E.,177.29 feet;thence
S. 4018'21" E.,20.00 feet to said general northerly line;
thence along last said line S. 85041'39" W.,3l6.55 feet
and N. 65039'39" W.,128.49 feet to the point of commence-
ment;Containing 0.991 of an acre,more or less.
in accordance with and subject to a right of way contract
entered into by the said City of Gilroy,and the Sjate of
California covering the said property.
BE IT FURTHER RESOLVED:
That the Mayor of said City be,and he is hereby authorized
to execute the said ~rant deed on behalf of the City of
Gilroy.
PASSED and ADOPTED this 6th day of May,1957,by the following vote:
AYES: Councilmen Pate,Sanchez,Gallo,Petersen,Ruah,Wentworth
NOES: Councilmen None
ABSENT: Councilmen None. ~ ([ ?;j7~
At.est: ' ayor
(y. C ~r{
Ci ty C1.erk
RESOLUTION NO.429
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The City Attorney presents and reads a proposed ordinance covering
drainage. This proposed ordinance is referred to the Ordinance and
Sewer Committees for study.
The City Attorney presents a report on the extension of Forrest
Street from 8th Street to 9th Street the report showing that the
city owns the west 37i feet for street pu~poses.It is agreed to
contact the new owner of the property on the east side of this
strip to ascertain if he will deed the property to the city for
street purposes.
It is unanimously agreed that deeds from George C.Renz to property
to be used for street and alley purposes located at the west end of
La Sierra Way have a title insurance policy.
Water Collector G.B.Carr presents a list of uncmllectible water
accounts from May 1,1955 to May 1,1957 and requests permission to
write off these accounts from the water department records. The
report shows the sum of $141.05 owning and deposits on these accounts
in the amount of $148.00 leaving a credit balance of $6.95.
Motion by Councilman Pate, seconded by Councilman Petersen and
carried that uncollectible accounts of the water depaetment in the
amount of $141.05 be written off.
The City Clerk presents a number of ordinances that are of no
value in the ordinance book and requests that an ordinance be
passed repealing these ordinance. The City Attorney is instructed
to draw up the necessary ordinance.
Monthly reports of the County Controller on fines collected for
March;1957,the Police Department for April,the Building Inspector
for April,the Poundmaster for April,1957 are presented and read.
Motion by Councilman Pate,seconded by Councilman Petersen and
carried that the monthly reports of County Controller,Police Depart-
ment,Building Inspector and Poundmaster, be accepted as read and
placed on file.
An application for an O~ Sale Beer and Wine License from Purity
Stores,Ltd., and an On Sale Beer License for Gin L.Dong,d.b.a.Cathay
House,35 S.Monterey Street, are presented and read. No objection is
made.
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A communication from W.J.Hanna,Jr. with maps of Park Meadows,Unit
.0.2 attached and reommmending bond for improvements and amount for
drainage, is presented and read.
Motion by Councilman Petersen, seconded by Councilman Wentworth and
carried that the map of Park Meadows,Unit No.2 be signed by the Mayor
and City Clerk when the necessary agreement is signed by the owner,
a bond of the amount recommended by W.B.Hanna,Jr. is presented and
approved by the City Attorney and the amount necessary to cover drain-
age as recokmended by~W.J.Hanna,Jr.is presented.
Reports of City officers are presented and read.
Motion by Councilman Pate, seconded by Councilman Petersen and carried
that the reports of City officers be accepted as read and placed on
file.
Motion by Councilman Pate, seconded by Councilman Wentworth and
carried that bills as presented be allowed and warrants ordered drawn
on the treasurer.
Councilman Rush,chairman of the Public Health and Safety Committee,
states that he will have a report on more protection at railroad
crossings ready for the next meeting of the Council.
Councilman Sanchez,chairman of the Recreation Committee, reports
that plans for the proposed swimming pool will be ready by the end
of the week and will be forwarded to the Division of Architecture
at Sacramento early next week.
Motion by Councilman Sanchez,seconded by Councilman Gallo and
carried that this meeting adjourn to Monday,May 13,1957 at g o'clock
p.m.,Council chambers,City Hall,Gilroy,California.
~.u.~
ty Clerk