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HomeMy WebLinkAboutMinutes 1955/09/06 1 I 1643 Gilroy, California September 6, 1955 This regular monthly meeting was called to order by His Honor Geo. M. Mason. Present - Councilmen C. W. Pate, Chas. Gal;Lp, J. Hughes Kennedy, Courtland Rush, K~nneth Petersen, and Segundo Sanchez. The Mayor calls on Rev. Mc Allister to deliver the invocation. The Mayor asks if all Councilmen have received copies of the minutes of the regular monthly meeting of August 1st, and the adjourned meeting of August 15th and the called meeting of August 31st. All Councilmen answer in the affirmative. The Mayor now asks if there are any errors or corrections to be made in the minutes. No errors being noted and no corrections to be made the Mayor now declares the minutes of August 1st, August 15th and August 31st, 1955 approved. The Mayor now states that the first order of business is the opening of bids for the outfall Sewer Replacement. The bids are opened and are as follows: Pisano Bros. $26, 687.00; U. Rodri- quez $27, 687.00; Granite Construction Co. $25,617.40; Atwater Underground $28,486.00; Barklay $29,966.30; Oakland Sewer, $28,680.70; and Mc Guire & . Hester $33,283.20. Motion by Councilman Sanchez, second by Councilman Kennedy and carried that the bid be granted to the Granite Construction Co. for the sum of $25,617.40 and that the bidders bonds accompanying the bids of the unsucessflll bidders be held until the execution of the contract by the Granite Construction Co. 1644 Councilman Sanchez reports on the log of the test hole for the proposed new City Well. At the suggestion of Councilman Sanchez it is agreed to hold up the advertisement for bids for the new well for one month because of the possibility of more favorable bids. City Attorney Johnson reports that the City of Gilroy may have to pay taxes on the new e1ectro1iers. He also reports on the City's liability on ~les ~ I J which the City agreed to purchase from the Gilroy Telephone Co. Resolution No. 354 is presented and read. Motion by Councilman Pate second by Councilman Petersen that Resolution 354 be adopted. RESOLUTION NO. 354 WHEREAS, the GILROY TEU:PHONE COMPANY, a California corporation, has here- tofore agreed to sell those certain telephone poles now in place located within the city limits of the City of Gilroy, and designated and marked on the attached map as "Gilroy Telephone Company poles sold to the City of Gil- roy", for the sum of One Hundred and nO/lOO ($100.00) Do1ars; and, WHEREAS, the said City of Gilroy has agreed to purchase the said poles and to pay therefor the said sum of $100.00; and, WHEREAS, the GILROY TELEPHONE COMPANY has submitted for approval to the City of Gilroy, a Bill of Sa1~ transferring title to the said poles to the said City of Gilroy, upon the payment of the purchase price thereof, and has also submitted an agreement designated as "Release and Indemnity Agreement", to be signed on behalf of the City of Gilroy, wherein the City of Gilroy acknowledges that the said te1ep~one poles are in place, and that it is fam- iliar with the condition of said poles, and also declaring that the said Gilroy Telephone Company has not made any representations as to the condi- tion of said poles, and further that the City of Gilroy agrees to indemnify and hold harmless the said Gilroy Telephone Company from any damages which may result to persons or property for which the corporation may be held res- ponsible, together with the costs of defending any and all actions at law or in equity which may result from the transfer to, ownership, and use of said poles byythe said City of Gilroy; and, ~ W WHEREAS, the said Bill of Sale has been approved as to form by the City Attorney of the City of Gilroy, but the said release and indemnity agreement has not been approved by him and has been objected to by the said Common Coun- cil; and, WHEREAS, the said Release and Indemnity Agreement has been withdrawn by the Gilroy Telephone Company and is not a condition to making effective the said Bill of Sale. NOW, THEHEFORE, BE IT RESOLVED: That the said City of Gilroy shall purchase the said pole~ from the said Gilroy Telephone Company and pay therefor the said sum of $10~~0 upon the delivery of the said Bill of Sale.' AYES: NOES: ABSENT: Councilmen Pate, Gallo, Kennedy, Rush, Petersen and Sanchez. Councilmen None Councilmen None J PASSED and ADOPTED the 6th day of September, 1955, by the following vote: / / Attest: M3~ o e \'. City Clerk 1645 Resolution No. 355 is presented and read. Motion b~T Councilman Kennedy, second by Councilman Pate that Resolution No. 355 be adopted. RESOLUTION NO. 355 RESOLUTION PROVIDING THAT 25% OF SALES AND USE TAX COLLECTIONS FOR THE YEAR 1955-1956 BE SET ASIDE FOR CAPITAL IMPROVEttENTS FOR RECREATIONAL PURPOSES. BE IT RESOLVED: That twenty-five (25) per cent of the sales and use tax collections for the fiscal year 1955-1956 11nder the present one-half (1/2) per cent sales and use tax ordinance be set aside and ear-marked for capital improvements for re- creational purposes. : PASSED and ADOPTED the 6th day of September, 1955, by the following vote: A YES: NOES: ABSENT: COUNCILMEN: Pate, Gallo, Kennedy, Rush, Petersen and Sanchez. COUNCIL~iliN: None COUNCIU:EN: None i /~...'// Mayor J/IIfh;y;( / I / Attest: tu3~ 1) e p City Clerk The ~ouncil discusses the proposed relocation of a portion State Highway, Route No.2 a porti~n of which now lies within the City of Gilroy. Resolution No. 356 was presented and read. I., Motion by Councilman Rush, recond by Councilman Pate that Resolution No. 35S .....";,,.-i be adopted. RESOLUTION NO. 356 WHEREAS, the State of California, through its Department of Public Works, Division of Highways, proposes the relocation of a portion of State Highway Route 2 in the County of Santa Clara, between 0.4 mile south of Thomas Road and Ford Road, and the establishment of a freeway thereon, and -. WHEREAS, a portion of this route lies within the City of Gilroy, and WHERF~S, a public meeting on the proposed relocation was held at the Santa Clara County Office Building in San Jose on June 24, 1955, after due notice of such meeting in therlocal newspapers, and at which members of the press were present, and WHEREAS, no opposition to the proposed location was evident at said meeting, and WHEREAS, early determination of said location will be a benefit to the deyelopment of adjacent areas; r " L NOW,'THEREFORE, BE IT RESOLVED by the City Council of the City of Gilroy that the proposed relocation of State Highway Route 2 between 0.4 mile south of Thomas Road and Ford Road, as-presented ~t said public meering, is hereby approved, and that the early adoption of said relocation is considered to be in the public interest, and be it FURTHER RESOLV'D that the California Highway Commission be urged to adopt the general route, as presented at said public meeting, at the earliest possible time. PASSED and ADOPTED the 6th day of September, 1955, by the following vote: AYES: NOES: ABSENT: Councilmen Pate, Gallo. Kennedy, Rush, Petersen and Sanchez. Councilmen None Councilmen None f, ./' ii.' . ./ - "p- Ma(or );;/Y"7 / 164G Attest: u~ o <Z. lei ty Clerk The following communications are read: A letter from the Standard Oil Co. commending the City of Gilroy Police Dept.; a letter from the City Engineer regarding acceptance of ~ark Meadows """, Subdivision; a letter from the County Communications Dept., with agreement .... attached, concerning the continuance of radio service; a letter from the Supt. of the High School Dist. regarding a stop sign and cross walk on For- est St.; a letter from Bender & Curtiss regarding fees for architectural services; a letter from Firman Voorhies recommending certain changes to be made to correct certain expos~)res within the City; a letter from the Gilroy Chamber of Commerce pointing out the reasons for a new census to be taken in the City of Gilroy; a letter from Logan & Frazier, auditors, offering to au- dit the City's books for the year of 1955-1956 for the sum of $300.00; and a letter from Lobue Packing Co., with a Petition for"Annexation of Un in- habited Territort' attached, regarding cost of sewer & water mains. The communication from the Standard Oil Co. commending the Police Dept. is }1otion by Councilman Kennedy, second by Councilman Pate and carried that ... "1l ...... ordered filed. the Park Meadows subdivision be accepted under the conditions outlined by the City Engineer and also that the subdivider pay $435.00 for a Fire Alarm Box. The porposed agreement bp,tween the City of Gilroy and County communications is referred to the City Attorney for study. The letter from the Supt. of the High School regarding stop sign and cross walk is referred to the City Attorney that he may draw the proper Ordinance. The letter from Bender & Curtiss is placed in the hands of the Buildings and Grounds.Committee to investigate costs of architectural fees from other firms. Recommendations made by insurance carriers regarding correction of exposures ~ in the City of Gilroy is placed in the hands of Byron Brown, Building Inspec- tor, for investigation and correction. The Deputy City Clerk is directed to inform Insurance Broker Voorhies that the necessary correction~will be made. The reoom'nendation of the Gilroy Chamber of Commerce is placed in the hands of the Finance Committee for study. Moved. by Councilman Sancllez, second by Councilman Rush and carried that the auditing firm of2Logan and Frazer be employed for fiscal year 1955-1956. "'~'''i I '-../ r""'"'" , , .w /","""', L.J 1647 The petition for annexing certain uninhabited territory north of and ad- joining the north City Limits of Gilroy is placed in the hands of the planning commission for recommendation. Building Insoector, Byron Brown presents to the Council the condition of the alley between Oak Court and the Old Catholic Cemetery. He says that there is need of fill and grading to put the alley in passable condition. It is agreed by the Council that any excess dirt that the City may have be hauled in and spread in the alle~and sppoaa. Mr. Brown also reports on the condition of a portion of the levee on Uvas Creek that has recently burned. The matter is referred to the Street Com- mittee for further investigation. Councilman Kennedy re-:)orts that it is nearing time for the seeding of Oak Park. Motion by Councilman Kennedy, second by Councilman Petersen and carried that the Purchasing Agent prepare and send out bids for the seeding Oak Park and also the City property on First Street where water well No.2 is located. It is agreed that the B1Jildings and Grounds Committee proceed with plans for putting in a sprinkling system on the property on First Street occupied by the Water Well No.2. The question of whether or not it is necessary to keep the Forest Street Playground locked when not supervised is discussed. The matter is placed in the hands of the Recreation Committee to discuss with the Recreation Commission. Councilman Kennedy annoumces that the library board would like to know whe- ther or not they might now proceed with the capital improvements contemplated at the library. It is agreed that they might go ahead with the improvements. Councilman Petersen presents the necessity of a "Stop L~ght Ahead" sign on the pavement at First & Monterey Streets for south bound traffic due to the increase in accidents at that intersection. The Deputy City Clerk is directed to write the Division of Highway and make a request for the sign. Councilman Pate points out the need for a new dump truck and also a high pressure pump for washing down the City streets ana for flushing down sewer mains. He also suggests that the water tank on the old water truck be trans- ferred to the Chevrolet chasis which now is being used as a dump truck and that a high pressure flusher be also attached to the water truck. He states he ~tll investigate the cost of a truck and a high pressure pump. Councilman Pate also states that he would see if he could get the C"1unty to wash down the streets for the V. F. W. Parade. The Purchasing Agent is requested to prepare bids for a t ton pickup truck, 1648 the bids to be opened on September 19, 1955. The number of policemen being used at dances is discussed. No action is taken. It is moved by Councib'an Rush, second by Councilman Pate and carried that $24,000.00 be transferred from the General Fund "B" to General Fund "A". The matter of prohibiting rolled curbs and gutters in the City is discussed. ~ No action is taken. Resolubion No. 357 is presented and read. Motion by Councilman Sanchez, second by Councilman Rush that Resolution No. 357 be adopted. RESOLUTION NO. 357 RESOLUTION OF THE COW10N COUNCIL OF THE CITY OF GILROY PROVIDING FOR NOTICE OF PROPOSED ANNEXATION OF UNINHABITED TERRITORY, DESIGNATED AS "LAS ANn/iAS ESTATESII, TO THE CITY OF GILROY UFDER THE ANNEXATICN OF UNINHABITED TERRITORY ACT OF 1939. ~IEREAS, a written petition has heretofore been filed in the office of the Clerk of the City of Gilroy under the provisions of the "Annexation of Unin- habited Territory Act of 1939", as set forth within Sections 35300 to 35325 inclusive, of the Government Code of the State of California, ask"ng that there be annexed to the City of Gilroy, as uninhabited territory, the following described tract of land, contiguous to the City of Gilroy city limits, sit- uated in the County of Santa Chra, State of California, to-wit: Being all of Lots 1, 2, 3, 4, 5, and 6 as shown on "Map of Henry Miller's Subdivision of Las Animas Ranchlot No. 23", 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 the intersection of the line common to Lots 6 and 7 with the northeasterly line of Wayland Lane as shown on said map, from which a granite monument at the northwesterly corner of the City of Gilroy bears N.220l5'W. 101.28 feet, and running thence along the line common to said Lots N.890l5'W. 802.15 feet to the corner common to Lots 6, 7, 15, and lp in the centerline of Wren Avenue (shown as Avenue H on said Map); thence continuing along the line common to Lots 15 and 16 N.890l5'W. 33.00 feet to the intersection thereof with the westerly line of Wren Avenue; thence along the westerly line of Wren Avenue S.0047'W. 1660.20 feet, more or less, to the intersection thereof with the southerly line of the Hecker Pass Highway; thence along the southerly line of the HecY:cr Pass Highway S.890 15'E. to the intersection thereof with the south- westerly line of Princevalle Street in the City of Gilroy and the present corporate limits of the City of Gilroy; thence along the said corporate limit line N.20OW. to the northerly line of the Hecker Pass Highway; thence along the northerly line of the Hecker Pass Highway N. 89015' E. to the intersection thereof with the northeasterly line of Wayland Lane as shown on map above referred top thence along said northeasterly line and the pres8nt corporate limits of the City of Gilroy N.220l5'W. to the point of beginning. ~ ] and, WHEREAS,it appears that the said tract of land in the said petition and above described, is owned by the petitioner alone and that no-one else is interested in said territory, and that the said tract of land is contiguous to the city limits of the said City of Gilroy; and, 1649 WHEID:'.AS, the proponents of said annexation have heretofore submitted to the Boundary Commission of the County of Santa Clara a proposal for the annexa- tion of the aforesaid territory to the said City of Gilroy, and the said Boundary's Commission has reported to the said proponent, approving the de- finiteness and certainty of the said boundaries of the said territory; and, ".,i'-.... WHEREAS, the proponents of said annexation of said territory have also sub- mitted to the City Planning Commission of the City of Gilroy the proposal for ~ the annexation of the aforesaid territory to the said City, and the said City Planning Commission has reported to the Common Council of the City of Gilroy approving and recommending the annexation of said tract; and, WHEREAS, the said "Annexation of Uninhabited Territory Act of 1939", above referred to, required upon the filing of such a petition a resolution shall be adopted by the Common Council of the City of Gilroy giving notice of such proposed annexation and fixing the time and place of hearing of the petition thereof, when and where any person owing real property within the said property ........... proposed to be annexed may appear and object thereto. NOW, THEREFORE, BE IT RESOLVED: That the Common Council of th~ City of Gilroy hereby designates the said territory proposed to be annexed to the City of Gilroy as "LAS ANINAS ESTATES." BE IT FURTHER RESOLVED, AND IT IS HEREBY ORDERED: That the 24th day of October, 1955, at the hour of 8:00 o'clock p.m. of said day, in the Common C01mcil chambers in the City Hall, Gilroy, California, be, and the same is hereby, fixed as the time and place for the hearing of the said petition and proposal to annex said territory, when and where any person owning real property within such tract or otherllise having~any objections to the proposed annexation, may appear before the said Common Council of the City of Gilroy and show cause, in writing, if any he has, why said territory should not be so annexed, and the City Clerk of the City of Gilroy is hereby directed to cause a copy of this Resolution to be fmblished at least once a week for two (2) sllccessive weeks with the last publication completed at least twenty (20) days before the date of hearing, in the GILROY EVENING DISPATQI, a newspaper of general circulation published in the said City of Gilroy, and in the HORBAN HILL TIHES, a newspaper of general circulction, pub- lished in the County of Santa C1E"ra, but outside the city limits of the City of Gilroy. PASSED and ADOPTED the 6th day of September, 1955, by the following vote: AYES: Councilmen; Pate, Gallo, Rush, Kennedy, Petersen, and Sanchez. NOES: Councilmen: None ABSENT: Colincilmen: None 4'~~ yor ' ~ ... Attest: f/1J3 (!~ OIL\,}.' City Clerk , , ~ A lease agreement between the City of Gilroy and the State of California on . the portion of the Auditorium used b~T the NFtional Guard for a period of two years is read. No action is taken on the lease. The City Attorney is direct- ed to write a letter to the State explaing the reason for a month to month basis. An agreement between the City of Gilroy and the Gilroy Union High School District concerning the use of Wheeler Field is read. Motion by Councilman Kennedy, second by Councilman Petersen and carried that the lease be executed. 18':; 0 The Reports of City officers are presented and read. ~\LU Motion by Councilman Kennedy, seconded by Councilman Petersen that the reports be ~ccepted as read and placed on file. Motion by Councilman Rush, second by Councilran Sanchez and carried that the bills as presented be allowed and warrants ordered drawn on the Treasurer for their respective amounts. An application for transfer of an off sale liquor license from Edna Goodwin to Henry Del Biaggio and Warren Byers was read. An offer of $100.00 being made for the old Austin Western Sweeper the Common Council authorizes its sale for that amount. Motion by Councilman Kennedy, second by Councilman Petersen and carried that this regular meeting of the Common Council be adjourned until September 19, 1955. M~ Deputy City Clerk .