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Minutes 1959/02/02 -- I q 5 8' , Gilroy, California February 2, 1959 This regular monthly meeting of the Common Council is called to order by His Honor Sig Sanchez. Present: Councilmen Carl W. Pate, Kenneth L. Petersen, Charles Gallo, and Wilford E. Jordan. Absent: Councilmen Courtland M. Rush and Everett C. Wentworth. The Mayor now asks if all Councilmen have received copies of the minutes of the regdular ~onthflYJmeeting190Lt~hJan~alrlYc5th '1 ~. and the regular adjourne meetlng 0 anuary .. A ounCl - . men answer in the affirmative. The Mayor now asks if there are anv errors or omissions in the minutes as presented. No errors. or omissions are noted. The ~ayor now declares the min- utes of the regular monthly meeting of January 5th and the reg- ular adjourned meeting of January 19, 1959 approved. Notion by Councilman Pate, second by Councilman Petersen and carried that the ~ayor be authorized to sign the contract with Shell Oil Company for purchase of gasoline under their bid submitted to the County. An application for transfer of an on sale beer license at Club 14-0 is read requesting a transfer from Fortino to Floyd and Opal Clanton. There is no objection to the transfer. A letter is read from the Cub Scout Troop #35 for use of Wheeler Auditorium for a pot luck dinner on February 24th free of charge. Eotion by Councilman "petersen second by Councilman Jordan that the Cub Scout Troop J35 be granted use of Wheeler Auditorium free of charge on February 24, 1959 for a pot luck dinner. A request for a card room license for "Club OK" is read from Herbert Lillard, George Rosario, and Andy Nebeswik. Mar- shal Sturla requests an extension of time for further investi- gation. Marsh~l Sturla's request is granted. A request for a card room license for Club Fortino from Floyd and Opal Clanton is read. I,larshal Sturla requests an . ~ extension of time for investigation. The City Clerk reads a report of the Planning Commission .. stating that the Commission would recommend annexation and commercial zoning of property south of Tenth Street and west of Monterey Highway for a proposed shopping center when offi- cial request is made. Director of Public Works Kludt explains a shopping center plan proposed by Barton Development Company to be built on property south of Tenth Street and West of 0~onterey Street. All Councilmen agree that they are willing to cooperate with the Barton Development Company if and when they are ready to proceed with the shopping center plan. The Planning Con~ission also recommends in the same re- port a denial of a request for a variance from l~r. Padilla to construct a car port which would extend beyond the front set back line of the house on property at a3 S. Ro~anna Street. The Council concurs with the recommendation. Included also in the report of the Planning Commission is the recommendation that the resolution adopted by them on Dec- ember 2, 1959 on the Wayland Lane, Welburn Avenue intersection be allowed to stand. ~r. K. Chiesa at a joint meeting of the Commission and the Street Committee had agreed to pay the ex- pense of moving the curb and sidewalk at this intersection, if necessary. Discussion is had on the matter. The Mayor ins- tructs the City Attorney to prepare an agreement between the ....... City of Gilroy and X. Chiesa. 1 The City Attorney presents and reads Ordinance No. 595. J Motion by Councilman Pate second by Councilman Jordan that ~ Ordinance No. 595 be adopted. ORDINANCE NO. 595 I 1 AN ORDUrAIICE OF THE CITY OF GILROY DECLARIlJG THE INTET'TTION OF THE COrJ.lOI'T COUNCIL OF THE CITY OF GILEOY TO VACATE A PORTION OF 0ELBURN AVEmJE ADJACENT TO JAYLAND LANE. ADOPTED AND PASSED this 2nd day of February, 1959, by the fol- lowing vote: AYES: COUNCIU:;EN: Pate,Petersen,Gallo, and Jordan. lJOE~): COmJCILIiEN: None ABSENT: COUNC IU,lEN: ',I entworth, and Rush. ....~ ......J th' '> ) 1959 A letter from Jin-Do, Inc. is read requesting a building permit on lot 63 in Sherwood Park at the intersect~on of Nay- land Lane and Welburn Avenue. The Mayor asks the City Attorney if it is possible to issue a permit at this time. The City Attorney reports that a permit .cannot be issued until after the hearing on February 16th om the abandonment of a portion of the right of way on Welburn Avenue at Wayland Lane. This matter is tabled until February 16th. The Planning Commission further recommends that the final map of Park Meadows Unit No. 2 be approved with certain res- trictions. Director of Public orks Kludt explains the Plan- ning Commission's reco8mendation. Resolution No. 496 is presented by the City Attorney. Motion by Councilman Petersen second by Councilman Jordan that Resolution No. 496 be adopted. RESOLUTION NO. 496 RESOLUTION OF THE COT,j>ION COUNCIL OF TI-m CITY OF GILIWY CONDITIOn- ALLY APPROVING FILING OF I=AP OR PLAT OF TRACT NO. 2336, PARK Y':EADUIS UNIT NO. 1,;0. ADOPTED AND PASSED this 2nd day of February, 1959, by the fol- lowing vote: AYES: Councilmen: Pate,Petersen,Gallo,Jordan nOES: Councilmen: Irone ABSENT: COUNCILYEN: Rush, and ~entworth The Planning Commission also recommends that the Council request the County Planning Commission to rezone the area bet- ween the south City limits and Luchessa Lane and the Southern P acifi c Hight of \Jay and l,=onterey Highway from Residential- Agricultural to Industrial. Councilman Jordan suggests that this property be annexed into the City. Discussion is had on the matter. The ~ayor suggests that the City Clerk write a letter to the County Planning Commission recommending the zoning change and that the matter of annexation be brought up at a later date when the proposed shopping center property is annexed. Kotion by Councilman Pate second by Councilman Jordan and carried that the City Clerk request the County Planning Commission to rezone the property from South City Limits to L:.,chessa ..,Lane between the Southern Pacific right of way and ~onterey Highway to In- dustrial zone. Director of Public Works Kludt presents and reads Ordinance No. 596. Motion by Councilman Pate second by Councilman Gallo that Ordinance No. 596 be adopted. ORDINANCE NO. 596 AN ORDINANCE PRESCRIB ING REGULATIONS RELA TING TO THE PLANTING A\TD HEJ'.mVAL OF TREES ADJACENT TO THE STREETS OF THE CITY OF GILROY; PROVIDING FOR THE ISSUING OF PERMITS IN CONNECTION THEREWITH; PRESCRIBING PENALTIES FOR THE VIOLATION OF SAID ORDINANCE; AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONVLICT THERE'/JITH. PASSED AND ADOPTED this 2nd day of February, 1959, by the fol- 10Hing vote: AYES: COmTCIU]':1'J: NOESfl COUJ'JC IU<EN: ABSENT: COmJC IU=EIT: Pate,Petersen,Gallo, and Jordan. None Rush and vJentworbh Director of Public ~orks Kludt reads a letter from the Forestry Board recommending a master tree list. Motion by Councilman Jordan second by Councilman Pate and carried that the master tree list, submitted by the Forestry Board be approved and placed on file. Chief Administrative Officer Carr presents and reads a proposed ordinance for the collection of garden refuse. This r~tter is referred to the OrdinaITce Committee for study. Chief Administrative Officer Carr requests for additional time for study of the employee retirement plan. Request is granted. The City Clerk reads a letter from Edmond Bullard, resign- ing as Assistant Civil Defense Director. The r!J:ayor instructs 19GO the City Clerk to write a letter to l"lr. Bullard accepting his resignation with regret and thanking him for the fine job he has done. A request from the City Treasurer is read asking for in- structions concerning money now on time deposits in the bank. Motion by Councilman Pate second by Councilman Petersen and carried that the City Treasurer be instructed to renegotiate with both banks for leaving on time deposit the ~80,OOO.OO which is now on time deposit in each bank. Reports of the Building I~spector, Police Department, Poundmaster and City Officer are presented and read. Motion by Councilman Petersen second by Councilman Jordan that reports be accepted as read. 'iJater samples taken by the Santa Clara County Health Department on January 22nd are read. These reports are satis- factorv and are ordered filed. ~~tion by Councilman Pate second by Councilman Gallo that bills as presented be allowed and warrants drawn af~XX on the Treasurer. A letter is read from ~arshal Sturla recommending the advancement of patrolman Eugene Jewell to the second step in the salary range effective Februarv 1st as he has completed his six months probationary period. :Iotion by Councilman Pate second by Councilman Jordan and carried that Eugene Jewell be advanced to the second step in the salary range effective February 1, 1959. Councilman Jordan discusses the article in the Mercury- Herald on January 25th concerning Gilroy. Councilman Pate states that he will probably attend the Inter-City Council meeting at the Club Capri in Morgan Hill on February 5th'. Chief Administrative Officer Carr reports that he, I-lax Kludt and Cecil Reinsch will attend the meeting in the Super- visors Chambers in San Jose at which time the firm of De Leuw Cather will make their final highway report. The Chief Administrative Officer also reports that he and I:Iax Kludt will also attend the Uater Pollution Board Hear- ing on disposal of Cannery wastes through Killer Slough at Santa :\~aria on February 6th. City Engineer Hanna Jr. suggests that since San Francisco has rejected plans for freeways in that city that this would be an ideal time to again approach the Division of Highways for the proposed freevvay near Gilroy. The Eayor instructs I":r. Hanna to investigate the matter as soon as possible. Purchasing Agent Reinsch reports that he had an enjoyable and profitable time at the Purchasing Agent Convention in Berkelev. Councilman Gallo instructs the City~ Clerk to have date stickers made for anvone who obtains a license for music machines. Motion by Councilman Pate second by Councilman Petersen and carried that this meeting be adjourned to 7ebruary 16th at 8:00 p.m. Council Chambers, Jheeler Auditorium, Gilroy, California. ~f~