Minutes 1957/11/04
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November 4, 1957
Gilroy, California
This regular monthly meeting of the Common Council is called to order by His
Honor Mayor George c. Milias.
Present: Councilmen Sig Sanchez, Carl W. Pate, Kenneth L. Petersen, Everett C.
Wentworth, Charles Gallo, and Courtland Rush.
The ~~yor now asks if all Councilmen have received copies of the minutes of the
regular monthly meeting of October 7th and the regular adjourned meeting of October
21st.
All Councilmen answer in the affirmative.
The Payor now asks if there are any errors or ommissions in the minutes as pre-
sented.
No errors or ommissions are noted.
The Mayor now declared the minutes of the regular monthly meeting of October
7th and the regular adjourned meeting of October 21st, 1957 approved.
A communication from Ben Levin representing Messers. Peters, Lima & Callahan
is read regarding the use of the Jot on South 110nterey Street for off-street
parking. He states that the property owners are willing to anow the lot to be
used for off-street parking by the City of Gilroy if the city \-lill pay all city
and county taxes on said property and will protect them from any liability as a
result of its use. The communication is referred to Councilman Petersen who
states that he will contact adjoining property ovmers in an effort to obtain
additional parking space.
A communication from Hrs. Sophia Bonapartian is read requesting a use permit
for a rest home at 345 N. Church Street.
Motion by Councilman Sanchez, second ly Councilman Gallo and carried that this
request for a use permit for a rest home to be operated by SO:Jhie Bonapartian
be referred to the Planning Commission for study and recommendation.
The Mayor now instructs the City Clerk to inform Sophie Bonapartain of the
Council's action.
A communication is read from Hanna L. Weatherly regarding a request for a re-
fund of the 1% City sales tax on automobiles puchased in this City prior to the
time that the City of Gilroy was under the Uniform Sales Tax Law. The City
Clerk explains Vat the purchasor is subject to a 1% use tax to the state in addition
to the 1% sales tax already paid the City of GiJroy because the purchase '.JaS made
at that time in a non-conforming county.
Motion by Councilman Rush second by Councilman 11entworth and carried that the
request for refunding the 1% Sales tax be denied.
A letter from the Planning COITlInission is read recommending that the HOllson
Tract, bounded on the north by Seventh Street on the south by Eighth Street, on the
east b)T the alley between Carmel and Dowdy Streets, and on the west by Princevalle
Street be rezoned from "B" district to "A" district.
It also recommends that the plan of Castlwood Park, Unit #3 be accepted with
easements between lots #4 and 115 and lots #13 and #14, for future utility use,
when all obligations of the City are complied with.
It is also recommended that the annexetion of the Hiller Avenue property be
accepted when presented to the Council and that the property facing on Viller
Avenue be zoned to "A" district and the property facing on First Street and on the
corner of First Street and Hiller Avenue be zonec1 to "C-l" district.
The Attorney now presents Resolutions No. 453 concerning the zoning of the
Howson tract. Hotion by Councilman Rush seconded by Councilman Pate that Resolution
No. 453 be adopted.
RESOLUTION NO.~
RESOLUTION FOR FIXING TI11E AND PLACE OF HEARING OF PROPOSED ]\l1ErmIvIENT TO ZONING
ORDINANCE
\~EREAS, the City Planning Commission of the City of Gilroy has filed with the
City Clerk its report on the proposal to amend the Zoning Ordinance of the City
of Gilroy so as to change from Zone B District to Zone A District the follovTing
described premises located in the Cit;' of Gil rO~l, to wit:
Those certain premises located between 7th Street and 8th Street and
bounded on the west by Princevalle Street and on the east by the alley
running through the block bounded 'uy 7th Street, 8th Street, Dowdy
Street and Carmel Street.
and, lmEREAS, the said City Planning Commission has given notice of its hearing
on the said proposal and in accordance witt law has held the said hearing and has
in its said report recormnended that the said propesed amendement to the said Zoning
Ordinance be adopted; and
Hm:FEAS, the Zoning Ordinance of the City of Gilroy and the 1m! requires that a
hearing be held before the said Common Council on the said proposed amendment to
the said Zoning Ordinance;
NOH, THE EFCRE, be it resolved that the 18th day of November, 1957, at the
hour of 8:00 o'clock P.l-i. in the Comm'n Council Chambers in the Cit;>T Hall, Gi:'roy,
California, be and the same is hereby fixed as the time and place for hearing the
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said propOsal to amend the said Zoning Ordinance, and that notice of the said h
hearing be given in accordance with lml.
PASSED and ADOPTED this 4th day of November, 1957, by the following votes:
AYES: C01JNCIUv~N Sanchez, Rush, Pate, Wentworth, Gallo, and Petersen
NOES: COUNCIUlEN None
ABSENT: COUNCILNEN None
ATTEST:
G. B.
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Carr, City Clerk
George C. Nilias
Mayor
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The City Engineer states that he will prepare a new map of Castlewood Park Unit
No. 3 showing the easments as recorr~ended by the Planninv tommission and will pre-
sent it at the next meeting of the Council.
Item No. three concerning the annexation of pror~rty on Miller Avenue will also
be held ,over until the next meeting. The City Attorney states that he will propose
later on in the meeting the proper procedure to be followed.
A letter from the City l-Iarshal is read requesting the Council to hire Ernest
Brooks as a regular police officer because he nas finished his probation period.
}1otion by Councilman Sanchez, second be Councilman Pate and carried Ernest
Brooks be hired as 2. re-'l11ar officer of the Gilroy Police DepaIrtment.
A copy of a letter of appreciation to the City Marshal from Edmond Bullard,
Principal of Gilroy Union High School is read. The letter commends City Marshal
Harold Sturla and Traffic Officer Dan Lemos for their cooperation ;n the pro~ram
of student car inspections. The City Clerk is instructed to write a thank-you
letter to Edmond Bullard and to place J/r. Dullards letter on file.
. A card of appreciation from the John Wentworth family is read and ordered
fi~~. .
Reports on I'later samples taken b:-.' the Santa Clara County Health Department for
October 17th and 24th are read. These reports are satisfactory and are ordered
filed.
Councilman Pate recom~ends a salary of $120.00 be paid to Frank Kritser who
is now a crossing guard at the corner of First and Hanna Streets.
Hotion b;y Councilman Pate second by Councilman Sanchez and carried that Frank
Kritser be paid $120.00 per ~onth.
Councilma.n Pate reports that the matter of a proposed retirement plan for the
City employees will be brought up at a later date.
Councilman Petersen reports that the Bu:Ddings and Grounds Committee met "lith
Major \,Jright and other personnel of the National GJuard concerning the moving of
the City Hall offices to the Hheeler Auditoriwn. Councilman Petersen states that
the National Guard wish to cooperate in every way with the City's anticipated plans
and they agree to nove their equipment to the west wing upon thir~ days notice.
Councilman Sanches reports nn a number of items that must be done before the City
aan move their offices to Wheeler Auditorilun.
It is decided that this ~atter be referred to the Buildings and Ground::" Committee,
with the assistance of the Cit;y Clerk and Buildirg Inspector, to draw up the spec-
ificati~ns for a future bid.
The matter of transferring of funds from the Second Western Addition Fund to
the Hater and General Funds is explained b' Councilman Pate.
Notion by Co1.W\f.~ Pate seco~d by Cou~cilrran Sanchez anc;!. carried ,that $1509.71
from the Second"AdCll'tibn Fund be transferred to the General fund and ~;>7538.60 from
the Second West~rn Addition Fund be transferred to the Water Fund.
Councilman Sanchez suggests that the propert;)T located r;n the east side of the
Ci t:,r between Eondellis I and Kongs' property Hhich is O\med by the City be sold
for additinnal revenue if the City has no future use for it. It is decided that
said property should not "-e sold because of possible future use.
Councilman Sanchez reports that Patrolman Ed Parr and the Fire Department did
an outstanding ,job in saving lives and extinguishing the fire at South l/;,mterey
Street on November 3rd and should be com!rended by a letter from the Hayor.
Hotion b;y C01Jncilman Sanchez second by Councilman Pate and carried that the City
Clerk \~ite two letters, one to Ed Parr and one to the Fire Department.corr~ending
Ed Parr on his extremely heroric action on saving four victims lives and the Fire
Department on extinguishing the fire so rapidly.
Councilman Wentworth reports that the Sewer Committee will have a report at the
next TEeoting regarding sewer connections outside the city limits.
Councilman Petersen asks the City Attorney if there has been any further progress
on the lease of the Henry 1,1iller Estate property for recreation purposes. Hr.
Johnson states that the agreement between the Henry Hiller Estate has been signed
and there has been no major changes made in the agreement.
Councilman Rush reports that an oil com:)sny requests a permit to install a gas
tank inside of a building, and this permit cannot be granted until the City ordin~
ance is changed to coincide with the Fire of Underv~iters Code, which states that
a gas tank can be installed inside a building under certain specifications.
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Councilman Rush states that the Fire Chief stated that in this particular case the
building is unisurable.
" . Motion by Councilman Gallo seconded by Councilman Hentworthand ct:j.rr.:t.ed, ~hat the
OrdinanCE; covf;ring th~ instalJation of a gas tank inside a building remaiu'uhchanged
and that the oil cClmpany be dllmiep. the permit. . ' i, ".~..
Councilman Wentworth reports that there are certain buildings in, China Town which
have insufficent exits in~~~. of a fire or sanitary facilities aVElilable'a:nd' hEr
suggests that the Building ,Inspector investigate this mat-;ter., "
Notion by Councilman Wentworth second by Councilman Rush and carr'led that the
Building Inspector, Byror; Brown, and the Fire Chief, M. J.'Ramazane, investigate
these conditions and report to the Council. <
Councilman Pate reports that Councilman Petersen, threemem'Qers of the Chamber
of Commerce' and he went to a Bay Area Ind~strial Planning Meeting in 'San l~teo.
All Councilmen are reminded of a meeting Thursday, Novembe~7th at8~OOP. M. A
in'~Iorgan Hill at the High School cafeteria for the purpose ,of dis9Us.~{ng common
pro blems in future planning. ' ' , , , " '. ,
Ax this time there is a discussion on the burrough system ofgoverriment.
Reports of the Police Department, Building Inspector and thePoundmaster are
presented and read.
'The Hayer instructs the City Cl,erk to notify Bert Weiss,. Poundmaster, \0 get rid
of the dogs that are damaging A. Schieler's ~roperty at the corner of 6th and
Alexander Streets. : q '":1" . -~' I ,"
Motion ~Y" Councilman Rus? s~cond by" OouncilIilan Pate- '~aI!d ;~;riedthat 'W+~' rep~rts
of the Police Department BUlldlng Inspector and Poundmaster be accepted as read:
The reports of the City Officers are presented,and r.ead.
'. Motion by Councilman Pate', second by Councilman G~llo and carried that the reports
of -the City Officers be accepted as read.. . . .
The Oity Attorney presentsRESOLUTIGN NO .454.
>Motion by Councilman Pate second by Councilman Petersen that Resolution No. 454
be adopted.
RESOLUTION NO. 454
WHEREAS, the City of Gilroy has heretofore-;ntered into an agreement \-lith ,the
Stubnitz Greene Corporation, a corporation, 'of Adrian, Hichigan, \-lherein the said
City of GiJroy has agreed to sell and ,convey to the said Stubnitz Greene Corporati0n
the'nortmresterly four acres ofa 7.6 acre tract belonging tb the City of,Gilroy,
located along the senthwest side of Casey Street between Swanston Lane and,~~e
Southern. Pacific Railr~ad Complny right of way, the southel3;sterly line 'o~'~~~~four
acl:'eS beJ:ng parallel wlth the satd southeasterly line of ,Casey Street, for the J sum
of' :tl;:,OOO.OO;and ~ ";,' '. , , .. .,..', &"',."
, 'WHEREIS,. the location of the southeasterly line of the said\f'our acresCq~~
by the aforesaid agreement has not been determined by a survey. and'it is necessary
that~f'-sm:-Vey ~'tnada:in' ordeZ' to:;eXe.ciil.y.loc~te;- tll~ i}~~dfA.inef@,!!~ 9EtPil.in,~~'.;~ct
deScription of the said four acre&;',and ' '. \ { '.' . ' ..."
WHERESS, the City: of GilroyshouD..d now execute and delive~r 1-0" the ,said $~upnitz
Gfe~ne ,Corporati0n a grant deed conveying title to the said four acres and the
a~emBnt bet\-leenthe City of Gilroy and the said corporation provides that , tbe. said
deed shall be placed in: escrow with the San Jose Abstract and Title Company to be
delivered to the said purchaser upon the payment of the sum of $4,000.00, current
la~lmoney of the United States of Ame,rica, and the said Stubnitz Greene Corporation
is n~ ready to conclude the transaction and take title to the said property;
. NOH, THEREFORE, BE tT REsoLVED that the, City Engineer of the' City o.f Gilroy cause "
the said four acres to be surve.yed and the bounda~; lines thereof det~rmined in accord-
ance \-lith t he provisions of the aforesaid contract,y ,and that a deed shall he executed
on behalf of the City of Gilroy by, its mayor and deposited :i,n escrml with the San
Jose Abstract and Title Company with ins'tructions to deliver the same tot116,said
Dtubnit~ Greene Corporation upon the payment of the purchase price of ~?4,000.OO,
and that the description of the property to be placed in the deed shall be that
determined by the aforesaid survey. .
PASSED and ADOPTED this 4th day of November, 1957 by the following votes:
AYES:' COUNCIUlEN Pate, Petersen, Sanchez, Gallo, Wentworth, and Rush
NOES: COUNCILl,1EN None
ABSENT: CCUNCIU:EN None
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The City Attorney reports that the hearing on the rezoning of the Howson Tract 1-Till
be on November 18th at the re,oular adjourned Council meeting.
Motion by Councilman Pate second by Councilman Wentworth and carried that the
Common Council of the City of Gilroy does hereby consent to the institution of pro-
cedingsfor annexation to the City of Gilroy of the followmng described premises
located in the county of Santa Clara: "Be inninR: at the point of intersection of
the southerly line of the BOOfish Hill Road Hecker Pass Highway) as shown, an said
Map \-lith the easterly line of Miller Avenue and running thence along the Southerly
GeorR:e C. Hilias
Mayor
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ATTEST:
187D
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line of tho Bodfish 1-fill Hoad vlest-erly L~lO.OO feet; thence southerly and parallel
to Miller Avenue 773.03 feet to the northerly line of the lands of the San Martin
Vineyards Company; thence parallel to the southe21y line of tne Dodfish l/ill Road
easterly along the northerly line of the lands of the San 11artin Vineyards Company
and the northerly lone of the "Castlewood ParR:, Unit No.1" Subdivision to the
easterly line of Miller Avenue, thence northerly along the easterly line of Hiller
Avenue 773.03 feet to the point of beginning, being a portion of Ranch Lot 16 as
shmffi on Map No.7 accompanying the report of the Referees in the Las Animas
Rancho Partition Suit, Action No. 5536, had in the Superion Court of the State of
California, in and for the County of Santa Clara.
P,yron Brown, Building Inspector, reports that tne Quality Feed Mar:t; requests a
permit to erect sL~ feed silos which are 8' x e' square and l~-' tall and will be
installed ten feet from the railroad tracks.
Motion by Councilman Petersen second by Courcilman Sanche3 and carried that the
Quality Feed Hart be granted the permit to erect six silos with the understanding
that they will net create noise or dust.
The Building Inspector, Byron Brovm, cites the need for an alley between Seventh
and Eighth Streets and between Monterey and Eigleberry Streets for easier access
by the Police and Fire Departments. The matter is referred back to the Building
Inspector to contact l:iss Louise Berri, mmer of a house which is in the alley line,
to see if she would move it.
Hotion by Councilman Pate second qy Councilman Gallo and carried that bills as
presented be allowed and vmrrants ordered drawn on the Treasurer.
Motion by Councilman Rush second by Councilman Wentworth and carried that this
meeting adjourn to Monday, November 18, 1957 at 8 o'clock p.m., Council Chambers,
City Hall, Gilroy, California.
"M ~A-1. /
City Clerk