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Minutes 1957/09/11 - 1863 September 11, 1957 Gilroy, California This special meeting of the Common Council is called to order by His Hornor Mayor George C. Milias. Present Councilmen: Carl W. Pate, C. M. Rush, Kenneth Peter- sen, Everett Wentworth and Sig Sanchez. Absent: Councilman Charles Gallo. c The Mayor states that the meetin~ is called to discuss the sale of the Gymkhana Grounqs. City Attorney Sydney Johnson presents and reads an a~reement between Stubnitz-Greene Corporation and the City of Gilroy whereby the corporation agrees to purchase 4 acres of the property known as the Gymkhana Grounds at $1,000 per acre and to take an option on the additional 3.6 acres of the same property for a period of one year at the same price per acre. Certain changes in paragraph 7 of the agreement are authorized by the Common Council. Resolution No. 444, approving the agreement providing that certain changes are made in paragraph 7 and authorizing the Mayor to execute it, is presented and read by the City Attorney. ~ Motion by Councilman Pate, second by Councilman Rush that Resolution No. 444 be adopted. RESOLUTION NO. 444 WHEREAS, STUBNITZ GREENE CORPORATION, a corporation. of Adrian, Michigan, has presented to the City of Gilroy an agreement for exectuion which has already been executed by said corporation covering the sale and purchase of a four (4) acre portion of the 7.60 acre tract of land lying along Swanston lane in the City of Gilroy, known as the Gymkhana Grounds. belon~ing to the City of Gilroy; and WHEREAS, paragraph 7 of said agreement as written has a patent ambiguity which should be corrected; and WHEREAS, the said City of Gilroy is willing to execute the said agreement provided that said paragraph 7 is re-written so that it will read as follows: ~ (7) If the party of the second part does not construct and operate a plant in accordance with the representations here- inbefore set forth made by it and within the time limit herein- before mentioned, the party of the second part shall immediately re-convey the said premises purchased by it to the party of the first part for the sum of ~3,000.OO provid- ing that party of the first part has not removed buildin~s. grandstand, fences and other structures now on the premises or any portion thereof; it is further agreed that i n the event that the party of the second part does not construct and operate a plant in accordance with the representations hereinbefore set forth made by it and within the time limit have removed any sHNxEaRxiaiportion of the improvements on the premises, the party of the first part will be entitled to retain the entire $4,000.00 purchase nrice paid for said premises as damages for the breach of this a~reement by the party of the second part, the parties hereto agreeing that it would be impossible to determine or assess the actual damages. r""""1 , , NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Gilroy that the City of Gilroy does hereby approve the said agreement with the inclusion of the aforesaid change. and that the ~1ayor of the City of Gilroy is hereby authorized to execute the said agreement on behalf of the City of Gilroy subject to the said re- vision of said para~raph 7. PASSED and ADOPTED the 11th day of September. 1957. by the following vote: 1 (1 (.."l' 'I ..L f,",\ ~.) "1.- . ''''1:':'' AYES: Councilmen Carl W. Pate, C. M. Rush, Kenneth Petersen, Everett Wentowrth, Sig. Sanchez. NOES: ABSENT: Councilmen None Councilman Charles GallO~ {t, ??;~ Mayor Attest: /k:J~ City Clerk ~ ...... Councilman Pate commends the Committee of Industrial Developement of the Chamber of Commerce and others for their time and effort in bringing industries to Gilroy. There being no further business this special meeting is adjourned. M~ City Clerk September 16, 1957 This regular adjourned meeting of the Common Council is called to order by His Honor George C. Milias. Present Councilm~n: Carl W. Pate, C. M. Rush, Everett Wentworth, Charles Gallo and Sig Sanchez. Absent Councilman: Kenneth Petersen. The Mayor now directs the opening of the Blds for the paving of Hanna Street from Broadway to Welburn Avenue and Car- mel Street from Broadway to Welburn Avenue. The bids are onened and are as follows: Piazza Constructio~ Co. $12,911.50, Granite Construction CQ. $13~)32.00, Guido O. Ferini ~15,255.80, A.,J. Raish Paving Co. $16,439.75, Geo. C. Renz Construction Co. ~14,726.10. The low bid of Piazza Construction Co. is handed to the City Attorney to check. Tne City Attorney presents a lease agreement between the City of Gilroy and the heirs of the Henry Miller estate for property between Carmel & Princevalle Street for recreation nurposes for signatures. ~is lease agreement was accepted by the Common Council at its regular adjourned meeting of August 19, 1957. Motion by Councilman Pate, second by Councilman Rush and carried that the low bid of $12,911.50 submitted by Piazza Construction Company for the paving of Hanna and Carmel Streets between Broadway and Welburn Avenue be accepted, subject to the execution of the Memorandum of Agreement with the Division of Highways. The Mayor calls upon Councilman Gallo for the recommendation of the Ordinance Committee on the licences for vending machines. Councilman Gallo renorts that it is .the Committees recommenda- tion that the license fee be not changed. This recommendation is accepted by the Council . The City Clerk is directed to so inform the Canteen Service Company who had requested that the license fee for vending machines be changed. The widening and re-routing of Welburn Avenue as recom- mended by the Planning Commission is discussed. No action is taken. The establishment of a future plan line for the proposed extension of Church Street from Miller Slough to the North City Limits as recommended by the Planning Commission is dis- cussed. ~e matter is placed in the hands of the City Attor- ney to draw the necessary resolution establishing the plan lines. The Mayor asks if the Purity Stores have signed the agree- ment to pay their portion of the extension of Alexander Street from 9th Street to Banes Lane. Councilman Pate reports that the agreement has not been signed. ~ Tn.e City Attorney presents and reads Ordinance lTo. 560. Motion by Councilman Rush, second by Councilman liJentworth that Ordinance No. 560 be passed and adopted. ~ .. ~ I ... 1865: ORDINANCE NO. 560 AN ORDINANCE AMENDING ORDINANCE NO. 372 OF THE CITY OF GILROY, RELATIVE TO THE SPEED OF LOCOMOTIVES AND TRAINS IN THE CITY OF GILROY BY INCREASING THE SPEED TO 35 MILES PER HOUR. Passed this 16th day of September 1957, by the following vote: AYES: Councilmen Pate, Rush, Wentworth, Gallo, Sanchez NOES: Councilmen none ABSENT: Councilmen Petersen Approved this 16th day of September, 1957 r I...... Mayor Attest: .M~ G. B. Carr City Clerk The City Attorney presents and reads Resolution No. 445. Motion by Councilman Rush, second by Councilman Wentworth that Resolution No. 445 be adopted. -...J RESOLUTION NO. 445 RESOLUTION NO. 445 OF THE CO~~ON COUNCIL OF THE CITY OF GILROY ESTABLISHING POLICY AS TO PROBATIONARY FIREMAN'S SALARY AND HIS CLOTHING ALLOWANCE UPON COMPLETION OF PROBATIONARY PERIOD. WHEREAS, the Common Council of the city of Gilroy has for some time generally followed the practice of fixing the pay of a pro- bationary fireman at a sum equivalent to 95 per cent of that of a regular fireman and not to provide any clothing allowance but the said Common Council has never by any formal action establish- ed of record any definite policy regarding any increase in pay when the probationary period has expired or providing for any clothing allowance; and viliEREAS, said Council believes it to be for the good of the City'S Fire Department that a definite policy be established of record regarding said matters; NOW THEREFORE, be it resolved by the Common Council that the pay of a fireman during his probationary period shall be 5 per cent less than that of a regular fireman, that said probationary period shall be 6 months service and that after serving said probationary period of 6 months the pay of said fireman, if he is duly qualified and acceptable as a regular fireman, shall be given an increase of pay so that it will equal that of regular firemen and also given an allowance of $75.00 for clothing required by regular firemen during the course of their duty; Be it also resolved that whenever the term "regular fireman" is used in this resolution, it shall be construed to mean a fire- man who has served a probationary period of 6 months and there- after deemed by the Council to be acceptable to continue as an employed fireman and who does continue as such. PASSED and ADOPTED this 16th day of September, 1957 by the following vote: AYES: COUNCILMEN NOES: COUNCILMEN ABSENT: COUNCIU~EN Pate, Rush, Wentworth, Gallo, Sanchez none Petersen George C. Milias Mayor r"'"'! W Attest: ,J;;$C~ G. B. Carr City Clerk The City Clerk is directed to send a copy of Resolution No. 445 to the Fire Chief. The Mayor asks Councilman Pate if a program for the picking up of leaves and clippings and for the cleaning of alleys has been worked out. Councilman Pate requests further time for a study of these matters. Councilman Pate announces that the City will add base rock to Murray Avenue and add the seal coat after the school District has grought it to grade and graveled it. He states that the work will >~ d~l1~ by the city crew. , Councilman Sanchez submits the proposed new water rates. Councilman Kenneth Petersen now arrives and takes his seat at the Council table. -1 0 (~ / · J_c)on The water rates as submitted meet with the approval of the Council and the City Attorney is directed to prepare an ordinance setting forth the new rates for presentation to the Council at the regular meeting in October. Councilman Sanchez asks if it is possible to require annexed property to be z.nned at tne':time it is annexed. It is the opinion of the City Attorney that it could be done. No action is taken. Councilman Sanchez requests the zoning of Eschenburg Park and any other property within the City which has not at present been zoned. The Mayor directs the City Clerk to so notify the Planning Commission. ~e plans for the Uvas pipe line is discussed. No action is taken. Regulations for the use of the new City Parking Lot on the Old Bank of America property is discussed. It is decided that the parking time shall be limited to two hours. The City Clerk is directed to purchase the proper signs and the City Attorney is directed to prepare the proper ordinance relating to the park- ing time. ~e City Attorney is also directed to prepare an' ordinance reversing the traffic on the two alleys adjacent to and parallel with Monterey Street. Councilman Rush reports that cars are parking over the limit- ed time on Railroad Street. ~e City Clerk is directed to no- tify the Police Department of the violation. Councilman Rush states that he has had a request for a sewer connection outside the City. He asks that the matter be refer- red to the Sewer Committee for study. ~e request is so refer- red. Councilman Sanchez reports that he has held up the request of the Church of the Latter Day Saints for water service on Miller Avenue. He states that the people in the locality have expressed a wish to be annexed to the City and that if they were able to annex the matter would then be straightened out. Councilman Pate presents two bids for storm sewer drainage problem at Hanna and La Sierra Way. The bids are as follows: Wm. Radtke & Soni~1,3S5.39 and Geo. Renz Construction Co. $1,61S.00. No action is taken on the bids and Councilman Pate is directed to investigate the matter further and his committee is given power to act. A communication is read from City Treasurer H. R. Eschenburg regarding inactive interest bearing accounts at the Bank of America and the American Trust Company on which the City is at present receiving 2~% interest on a 90 day withdrawal notice. He points out that the City can receive 3% interest on a ISO day withdrawal notice. The City Clerk is directed to notify the City Treasurer to place the account on a ISO day withdrawal basis. A letter from the Santa Clara County Communications Depart- ment requesting that we give them an idea on our needs for radio and services in the next five years, is read. The letter is referred to the City Clerk to give an estimate of our need~. A request for the use of the auditorium grounds for a child- ren's picnic on September 19th from the Gilroy Ministereal Association, is read. A request is read from the Gilroy Gliders Folk Dance Club for the use of the auditorium without charge for a dance on November 9th. Motion by Councilman Pate, second by Councilman Sanchez and carried that the use of the auditorium be granted free of charge to the Gilroy Gliders on November 9th. A proposal from Mr. R. C. Stockm?n to submit an engineering report, setting forth needs and estVimated costs for expansion of the City's sewer plant for the sum of ~1100.00, is read. Motion by Councilman Wentworth, second by Councilman Sanchez and carried that the proposal submitted by Mr. R. C. Stockman for a survey of the sewer plant for the sum of $1100.00 be accepted, and that the City Clerk so notify Mr. Stockman. A letter from Mr. V. N. Lundy, requesting information on the further investment of City funds which are now invested in U. '-S. Treasury Certificates, maturing on February 14, 195$, is read. The City Clerk is directed to inform Mr. Lundy to allow the investment to remain as it is at present, because of the possible need for the money for the Uvas Pipe Line. The matter of the acceptance of certain streets in Glenview Tract No. 626 for which the City of Gilroy now holds a bond from .., I ..... /IIIlII ....., ... -..I r l.- ! -.J (- I 1-..,) 1867 W. R. Howson & J. M. Howson is brought to the attention of the Council by the City Clerk. Inspector Byron Brown reports the streets in the Glenview Tract to be complete and ready for acceptance. The City At- torney is directed to prepare the necessary resolution accenting these streets. A letter is read from Mr. Richards, architect, with change orders for the swimming pool construction attached, requesting that the changes be approved by the Common Council. r'JIotion by Councilman Sanchez, second by Couricilman Petersen and carried that the change orders for the construction of the swimming pool be approved and that the Mayor be authorized to sign them. The City Clerk requests the opinion of the Common Council on the spraying of trees this fall season. It is the opinion of the Council that the City spray as many as possible. ~e City Clerk presents and reads Resolution No. 446 approving the expenditure of gas tax money for City streets and authorizing the Mayor and the City Clerk to sign the memorandum of agreement submitted by the Division of Highways covering such expenditures. Motion by Councilman Pate, second by Councilman Petersen that Res- olution No. 446 be adopted. RESOLUTION NO. 446 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING BUDGET AND APPROVING MEMORANCUM OF AGREEMENT FOR EXPENDITURE OF GAS TAX ALLOCATION FOR MAJOR CITY STREETS. .WHEREAS, a memorandum of agreement has been presented to be en- tered into with the State of California in accordance with a project statement submitted by the City of Gilroy for expenditure of the gas tax allocation to cities for the fiscal year 1958, and WHEREAS, the city council has heard read said agreement in full and is familiar with the contents thereof; THEREFORE, be it resolved by the city council of the City of Gil- roy that said project statement be and it is hereby adopted as the , budget of proposed expenditures of the gas tax allocation to cities, and 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. ADOPTED this 16th day of September, 1957. Mayor of the City of Gilroy Attest: M~ City Clerk of the City of Gilroy I hereby certify that the foregoing resolution was duly and regu- larly passed by the city council of the City of Gilroy at a regular meeting thereof held September 16, 1957. ~~ Clerk of the City of Gilroy Mayor Milias reports on a meeting with a representative from the Division of Highways regarding street signals on First Street at the intersection of Hanna Street. ~e City Attorney presents and reads Resolution No. 447 accepting a grant deed from the California Pacific Title Insurance Co. to the City of Gilroy for easements in the De Bell Tract for the installation and maintenance of water mains, sewer mains etc. Motion by Councilman Sanchez, second by Councilman Petersen that Resolution No. 447 be adonted. RESOLUTION NO. 447 BE IT RESOLVED THAT the City of Gilroy accepts the attached con- veyance and consents to its recordation. PASSED and ADOPTED this 16 day of September, 1957 by the following vote. AYES: NOES: ABSENT: Councilmen Pate, Rush, Wentworth, Gallo, Sanchez, Petersen Councilmen none Councilmen none ATTEST: A-t3~ City Clerk Mayor Councilman Sanchez requests that the Purchasing Agent get an es- timate on the cost of an oval Council table so that all Councilmen may face the audience. 1868 Reports of water:samples taken on September 5, 1957 by the County Health Dept. are presented. The samples are satisfactory and the re-- ports are ordered filed. There being no further business this meeting of the Common Council is adjourned. 4tlc,~ Ci Y Clerk r-