Minutes 1970/08/17
3144
Roll Call
Gilroy, California
August 17, 1970
The Regular Meeting of the Gilroy City Council was called
to order by His Honor Norman B. Goodrich at 8:04 p.m.
Present:
Mark E. Kennedy,
Goodrich.
Absent:
Councfl Members: Fred P. Batrez, George T. Duffin,
John E. Pate, Anthony C. Silva, and Norman B.
Everett C. Wentworth.
Intro. newemp. The Mayor intpoduced the following four (4) new employees:
Michael Light and Jesse Dimas, Utility Men - Parks; Anastasio
Rojas, Utility Man - Streets & sewers; and Harold Lawrence, Fire-
man-Engineer.
Minutes The Minutes of the Regular Meeting of August 3, 1970 were
approved as mailed and recorded.
Bids re:
Pacheco Pass
Imp. D i st.
70-2
Bids Re: Imp.
Bonds-Pacheco
Pass Imp.
70-2
City Administrator Protempore Reinsch presented a report of
the following bids received for the Pacheco Pass Improvement
District 70-2, noting that same were opened Wednesday, August 12,
1970: O.K. Construction, Los Altos - $117,687.00; Pellegrini Paving
Co., Inc., Santa Clara - $119,387.50; Wenrick & Assoc., Menlo Park -
$127,588.50; Vukasin & Rigisich, Lafayetter - $127,885.00; Ernest
E. Pestana, Inc., San Jose - $130,435.00; Wm. Caprista, San Jose -
$134,126.80; w. H. Ebert Corp., San Jose - $134,129.00; Granite
Const. Co., Watsonvi11e - $134,454.00; Pisano Bros., Inc., Santa
Clara - $138,251.45; H. A. Eke1in, Salinas - $139,657.30; Mission
Pipeline, Inc., Mi1pitas - $139,714.00; Gene McLaughlin Const. Co.,
Fresno - $140,208.75; Gem Construction Co., Inc., Fremont -,
$145,681.00; Frank Hudson, Inc., Fresno - $148,393.85; G1age Under-
ground Const., Campbell - $150,922.75; James Engineering Const.
Co., Campbell - $151,490.00; and W. Jaxon Baker, Inc., Paso Robles -
$160,617.50; recommending that said bid be awarded O.K. Construction
Inc. in the amount of $117,687.00 following the Public Hearing on
the Engineer's Report of said Project.
Phil Assaf, Bond Attorney, presented a report of the follow-
ing bids received for sale of Improvement Bonds re: Pacheco Pass
Improvement District - Project 1970-2 opened August 17, 1970:
Stone & Youngberg, Net Interest Cost - $90,394.00 - Net Effective
Interest - 6.9722%; J. B. Hanauer & Co. - $91,019.00 - 7.0204%;
Grande & Co., Inc., $91,231.00 - 7.036r!o; Birr, Wi lson & Co., Inc.
$92,205.00 - 7.118%; San Francisco Securities - $92,938.36 -
7.1684%; Kirchner Moore & Co."- Robert E. Schweser Co. of Calif.
Ltd. - $94,160.50 - 7. 262r!o; and First California Co. - $97,990.50
7.5581%; recommending that said bid be awarded Stone & Youngberg,
Net interest rate of 6.9722%, following the Publ ic Hearing on the
Engineer's Report on said Project.
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Pub. Hear. re: The Mayor stated that it was the time and place scheduled
formation of for the Pub1 ic Hearing on the Engineer's Report and Resolution No.
Pacheco Pass 1480 of Pre1 iminary Determination and of Intenti.on for "Pacheco
Imp.Dist. 70-2 Pass Improvement District - Project 1970-211.
1II'!l'<"'"'4I
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Res.#1497
Overruling
Protests
Res. #1498
Adopt i ng
Engrs.Report
t~'"
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Res.#1499
Ordering
Reduction of
Ass'mts.
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8I>'",~..
Res. #1500
Award of
Contract
O.K. Const.
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City Engineer Henry presented and explained the said Engineer's
Report and further explained the proposed project. The Mayor asked
if there was anyone in the audience wishing to speak for or against
the proposed project. There was no comment from anyone in the
audience. The City Clerk noted that no protests had been received
in regard to said project.
Motion was made by Councilman Kennedy seconded by Councilman
Pate and carried that the Pub1 ic Hearing be closed.
Mr. Phil ip D. Assaf, Attorney, presented Resolution No. 1497
Overruling Protests for "Pacheco Pass Imp. Dist. - Project 70-211.
Motion was made by Councilman Duffin seconded by Councilman Kennedy
and carried that the reading Df Resol.ution No. 1497 be waived and
that it be adopted.
RESOLUTI ON NO. 1497
A RESOLUTION OVERRULING PROTESTS
DETERMINATION AND OF INTENTION -
PROJECT NO. 1970-2.
PASSED AND ADOPTED THIS 17th day
vote:
AYES:
DN RESOLUTION NO. 1480 OF PRELIMINARY
PACHECO PASS IMPROVEMENT DISTRICT -
of August, 1970, by the following
COUNCIL MEMBERS:
Batrez, Duffin, Kennedy,
Good r, i ch
None
Wen tworth
Pate, Silva, and
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBER:
Resolution No. 1498 Determining Convenience and Necessity,
Adopting Engineer's Report, Confirming Assessment and Ordering Work
and Acquisitions was presented. Motion was made by Councilman Duffin
seconded by Councilman Kennedy and carried that the reading of Resolu-
tion No. 1498 be waived and that it be adopted.
RESOLUTION NO. 1498
A RESOLUTION DETERMINING CONVENIENCE AND NECESSITY, ADOPTING ENGINEER'S
REPORT, CONFIRMING ASSESSMENT AND ORDERING WORK AND ACQUISITIONS -
PACHECO PASS IMPROVEMENT DISTRICT - PROJECT NO. 1970-2.
PASSED AND ADOPTED this 17th day of August, 1970, by the following
vote:
AYES:
COUNC I L MEMBERS:.
Batrez, Duffin, Kennedy,
Goodrich.
None
Wen twor th
Pate, Silva, and
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Resolution Ordering Reduction of Assessments was presented.
Motion was made by Councilman Duffin seconded by Councilman Kennedy
and carried that the reading of Resolution No. 1499 be waived and that
it be adopted.
RESOLUTION NO. 1499
A RESOLUTION ORDERING REDUCTION OF ASSESSMENTS - PACHECO PASS IMPROVE-
MENT DISTRICT - PROJECT NO. 1970-2.
PASSED AND ADOPTED this 17th day of August, 1970, by the following
vote:
AYES:
COUNCIL MEMBERS:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Batrez, Duffin, Kennedy,
Goodrich
None
Wen twor th
Pate, Silva, and
re: Resolution No. 1500 Awarding Contract was, presented. Motion
was made by Councilman Duffin seconded by Councilman Kennedy and car-
ried that the reading of Resolution No. 1500 be waived and that it be
adopted.
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Res. #1501 re:
Designating
Collection
Officer
Res.#1502 re:
Awarding Sale
of Bonds
(S tone &
Youn gbe r g)
Murk i pa 1
Bond Index
Res. #1503
Spl. Mun.
Elec.Con-
sol idation
RESOLUTION NO. 1500
A RESOLUTION OF AWARD OF CONTRACT - PACHECO PASS IMPROVEMENT DISTRICT -
PROJECT NO. 1970-2.
PASSED AND ADOPTED this 17th day of August, 1970, by the following
vote:
AYES:
COUNCIL MEMBERS:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Batrez, Duffin, Kennedy,
Goodrich
Batrez
Wen tworth
Pate, Silva, and
Resolution No. 1501 Designating Collection Officer was pre..
sented. Motion was made by Councilman Duffin seconded by Councilman
Kennedy and carried that the reading of Resolution No. 1501 be waived
and that it be adopted.
RESOLUTION NO. 1501
A RESOLUTION DESIGNATING COLLECTION
DISTRICT - PROJECT NO. 1970-2.
PASSED AND ADOPTED this 17th day of
vote:
AYES:
OFFICER - PACHECO PASS IMPROVEMENT
August, 1970, by the following
COUNCIL MEMBERS:
Batrez, Duffin, Kennedy,
Goodrich
None
Wen tworth
Pate, Silva, and
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
RESOLUTION NO. 1502
A RESOLUTION AWARDING SALE OF BONDS - PACHECO PASS IMPROVEMENT DIS-
TRICT - PROJECT NO. 1970-2.
PASSED AND ADOPTED this .17th day of August, 1970, by the following
vote:
AYES: COUNCIL MEMBERS: Batrez
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Wentworth
The Mayor deviated from the regular agenda in order to note
City Administrator's Report on the Municipal.Bond Index -(Agenda Item
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VI I. A.4). Mr. Phil ip D. Assaf, Attorney, fur'her reported in regard
to same, recommending that Council request the Board of Supervisors
consolidation of a Special Municipal Election with ~ General State-
wide Election of November 3, 1970; that the purpose of same be to in-
clude a measure on said ballot requesting maximum interest rate be
changed from 6% to ria on the unissued portion of all of the bonds
authorized at the Special Municipal Bond Election held on April 8,
1969; further noting that said G.O. Bonds are to be used for the new
Library Building.
Supervisor Sig Sanchez addressed the Council and further re-
ported on the City.s contract with the County for the Library Building,
informing Council that the County is aware that said Bonds are un-
able to be sold at the maximum interest rate of 6% at this time.
Motion was made by Councilman Duffin seconded by Councilman
Kennedy and carried that the City proceed with legal requirements for
consol idation of a Special Municipal Election with the November 3,
1970 General Statewide Election as recommended by Mr. Assaf.
Resolution No. 1503 Requesting Consolidation of a Special
Municipal Election with the General Statewide Election of November 3,
1970 was presented. Motion was made by Counci lman Pate seconded by
Councilman Silva that the reading of Resolution No. 1503 be waived
and that it be adopted.
RESOLUTION NO. 1503
A RESOLUTION REQUESTING CONSOLIDATION OF SPECIAL MUNICIPAL ELECTION
WITH GENERAL STATEWIDE ELECTION.
PASSED AND ADOPTED this 17th day of August, 1970, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Pate, Silva, and
Goodrich
COUNCIL MEMBERS: None
COUNC I L 1"E MBERS: Wen tworth
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Ord. Calling
Spcl. Mun.
E 1 ec t ion
.......
Elks. Lodge
re:Circus
r- Ord. #894 &
#895 re:
Io......i 70-71 Tax
Rates
-
.......
3147
Motion was made by Councilman Pate seconded by Councilman
Batrez and carried that Staff prepare an ordinance calling a Sp~cial
Municipal Election to be consolidated with the General Statewide Elec-
tion for adoption at the proposed adjourned meeting of August 26, 1970,
notipg that it would be necessary to submit same to the Board of
Supervisors by September 5, 1970.
A request of the Gilroy Elks. Lodge for permission to sponsor
a Circus was presented. Council had no objection to same.
A Report on Assessed Valuations for the 1970-71 Tax Year and
Recommendation on Tax Rates ,was presented, nodng that same be set for
$1.35 per $100.00 assessed valuation and $2.802 on land only within
the Parking District No. 1.
Ordinance No. 894 Fixing Amount of Revenue from Property
Taxes necessary to Support City Departmen6, etc. was presented.
Motion was made by Councilman Kennedy seconded by Councilman Silva
that the reading of Ordinance No. 894 be waived and that it be
adopted.
ORDINANCE NO. 894
ORDINANCE OF THE CITY OF GILROY FIXING AMOUNT OF REVENUE FROM PROPER-
TY TAXES NECESSARY TO SUPPORT THE DEPARTMENTS OF THE CITY AND TO PAY
BONDED OR OTHER INDEBTEDNESS OF THE CITY OF GILROY OR ANY PORTION OR
DISTRICT OF THE CITY OF GILROY FOR THE FISCAL YEAR 1970-1971.
PASSED AND ADOPTED by the Council on this 17th day of August, 1970,
by the following v~te:
A YES: COUNC I L MEMBERS:
NOES:
ABSENT:
Batrez, Duffin, Kennedy,
Goodrich
None.
Wentworth
Pate, Silva, and
COUNCIL MEMBERS:
COUNCIL MEMBER:
Ordinance No. 895 Setting Tax Rates for 1970-71 Fiscal Year
was presented. Motion was made by Councilman Pate seconded by Coun-
cilman Kennedy that the reading of Ordinance No. 895 be waived and
that it be adopted.
ORDINANCE NO. 895
ORDINANCE OF THE CITY OF GILROY FIXING
THE CURRENT FISCAL YEAR 1970-71 NECESS
AND BONDED I NDEBTEDNESS OF THE C I T:Y OF
PARKING DISTRICT NO.1.
PASSED AND AnOPTED by the Council on this 17th day of August,
by the following vote:
AYES: COUNC I L MEMBERS:
THE AD VALOREM ASSESSMENT FOR
TO SUPPORT THE DEPARTMENTS
GILROY AND THE CITY OF GILROY
1970,
NOES:
ABSENT:
Batrez, Duffin, Kennedy,
Goodrich
None
Wen tworth
Pate, Silva, and
COUNCIL MEMBERS:
COUNCIL MEMBER:
Disbursements The Report of Disbursements from July 1, 1970 to and including
July 31, 1970 was noted and discussed.
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Fire Zones
Intro.Ord.
~....
CounciL inquired if Monterey Street is being flushed.
Director of Public Works-City Enginee~ Henry reported that said street
is being flushed on Tuesdays and Thursdays.
Councilman Batrez noted that thw women.s restroom at Christ-
mas Hill Park did not have a light in it.
A Request for Change of Fire Zones was presented. The City
Attorney presented a propose.cf ordinance amending Sect;ion6. 11 of the
City Code regarding Fire Zone No.2. Motion was made by Councilman
Pate seconded by Counci lman Silva and carried that the reading of the
proposed ordinance be waived, that it be introduced, and published
by title and summary.
It was noted that the Report on the Muncipal Bond Index had
been previously discussed earlier in the meeting.
3148
Comprehensive
Ins. Cov.
Lawn Mower
Purchase
166 Truck
Res.#1504-
1505-1506
re:Gilroy
Fire Dist.
A Report on the Status of the Comprehensive Insurance Cover-
age Proposals was presented requesting adjournment of this meeting
to present same.
...
A Report requesting Council approval of the low quotation to
Purchase a Budge;ted Self-Propelled Lawn Mower in the amount of
$2,887.50 was presented. Motion was made by Councilman Pate seconded
by Councilman Silva and carried that said purchase in the amount of
$2,887.50 be allowed.
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Director of Publ icWorks-City Engineer Henry requested ap-
prov al to purchase a 1966 Dodge Truck for the Water Department in the
amount of $1 ,~78.00. Motion was made by Councilman Pate seconded by
Councilman Silva and carried that the 1966 Dodge Truck for use in
the Water Department in the amount of $1,578.00 be allowed as recom-
rrended.
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Resolution No. 1504 Removing "Pacheco Pass Annexation 70-6"
from the Gilroy Fire Protection District was presented. Motion was
made by Councilman Pate seconded by Councilman Batrez that the read-
ing of Resolution No. 1504 be waived and that it be adopted.
RESOLUTION NO. 1504
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY WITHDRAWING FROM THE
GILROY RURAL FIRE PROTECTION DISTRICT TERRITORY THEREIN RECENTLY
ANNEXED TO THE CITY OF GILROY UNDER THE DESIGNATION "PACHECO PASS
ANNEXATION 70-6 TO THE CITY OF GILO~'.
PASSED AND ADOPTED this 17th day of August, 1970, by the following
vote:
AYES:
COUNCIL MEMBERS:
Batrez, Duffin, Kennedy, Pate,
Goodrich
None
Wen tworth
Silva, and
NOES:
ABS ENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
~
Resolution No. 1505 removing "Hoey Annexation 70-2" from
the Gilroy Fire Protection District was presented. Motion was made
by Councilman Pate seconded by Councilman Batrez that the reading
of Resolution No. 1505 be waived and that it be adopted.
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RESOLUTION NO. 1505
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY WITHDRAWING FROM THE
GILROY RURAL FIRE PROTECTION DISTRltTTERRITORY THEREIN RECENTLY
ANNEXED TO THE CITY OF GILROY UNDER THE DESIGNATION "HOEY ANNEXATION
70-2 TO THE CITY OF GILRO~'.
PASSED AND ADOPTED this 17th day of August, 1970, by the following
vote:
AYES:
w
\
-,
COUNCIL MEMBERS:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Batrez, Duffin, Kennedy,
Goodrich
None
Wentworth
Pate, Silva, and
Resolution No. 1506 removing "Reservoir A Annexation 70-3"
from the Gilroy Fire Protection District was presented. Motion was
made by Councilman Pate seconded by Councilman Batrez that the read-
ing of Resolution No. 1506 be waived and that it be adopted.
RESOLUTION NO. 1506
...,.
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY WITHDRAWING FROM THE
GILROY RURAL FIRE PROTECTION DISTRICT TERRITORY THEREIN RECENTLY
ANNEXED TO THE CITY OF GILRO't UNDER THE DESIGNATION "RESERVOIR A
ANNEXATION 70-3 TO THE CITY OF GILROY".
PASSED AND ADOPTED this 17th day of August, 1970, by the following
-
vote:
AYES:
COUNCIL MEMBERS: Batrez, Duffin, Kennedy, Pate, Silva, and
Goodrich
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Wentworth
..
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NOES:
ABS ENT:
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AB#2310
AB 2182 &
SB 941
3149
A Request of ABAG for local Opposition to Present form of
AB 2310 was noted. Motion was made by Counci lman Duffin seconded by
Councilman Silva and carried that the City oPP9se said present form
of AB 2310 and that Staff send appropriate telegrams to our legisla-
tors in regard to said action.
City Administrator Protempore Reinsch presented a League of
California Cities Bulletin requesting immediate action in regard to
SB 941 and AB 2182 requesting opposition to said Bills. 'Motion was
made by Councilman Kennedy seconded by Councilman Duffin and carried
that the City oppose SB 941 instructing Staff to notify our legisla-
tors of said action.
Motion was made by Councilman Kennedy'seconded by Councl1man'
Duffin and carried that:the City ls in favor of AB 2182 and request~d
Staff to advise our legislators of said action.
Water Resources A letter from the Loma Prieta Soil Conservation District in
& Quality regard to a Resolution Requesting Water Resources and Quality Study
Study of the Pajaro River Basin was presented as information. No action
was taken on same.
Plan.Policy Com. A letter from the Planning Policy Committee of Santa Clara
Work Session County was presented as informational, requesting a Work Session on
Proposed Environmental Planning Body. No action was taken on same.
S.C. Co. Trans. The Minutes of the Santa Clara County Transportation Policy
Policy Com. Committee Meeting of July 8, 1970 were noted.
Mee t.
Newsletters of
Plan. De pt.
Unified Transit
D i st. P ro-
posal
False Arrest
Claim
(McAu 1 i fte)
P.O. Bldg.
Newsletters of Santa Clara County Planning Department, July-
August 1970 were noted.
The Information on Development of a Unified Transit District
was noted. Councilman Pate, Representative, further commented on
said report recommending endorsement of said proposal. Supervisor
Sanchez further commented on said proposal, emphasizing the fact that
the campaign on said proposal will consist of citizen representation
as well as governmental officials.
The Mayor noted that he would discuss the matter of a local
citizen representative with the City's Representative, Councilman
Pate.
Motion was made by Councilman Kennedy seconded by Councilman
Batrez and carried that the proposed Transportation Program (Unified
Transit District) for Santa Clara County be approved. Councilman
Duffin voted in opposition to said action.
City Administrator Protempore Reinsch presented a False
Arrest Claim from Eugene M. McAulifte re: Police Report 67025. Motion
was made by Councilman Pate seconded by Councilman Silva and carried
that said claim be rejected and referred to the City's Insurance
Carrier and the City Attorney.
It was noted that the Bids for the new Post Office Building
a re scheduled to be opened August 27, 1970.
City Barbecue The Mayor commented on the success of the City Barbecue of
August 15, 1970.
City Limit
Sign
Councilman Pate requested that the City Limit sign be moved
from its present location to the correct location. (N. Monterey Hwy.)
3150
Parking Lots Councilman Pate recommended labeling the City.s Monterey
Street Parking Lot bet;ween J. C. Penney and Wells Fargo Bank to avoid
confusion as to the owner of said lot. It was suggested that the
matter be referred to the Parks and Recreation Commission for naming
all City Parking Lots.
City Dd1mp
Councilman Silva noted the unsightly condition of the City
Dump.
It was noted that Councilman Wentworth was absent from this
meeting due to illness.
f
G i 1 roy Apts.
Project
Director of Publ ic Works-City Engineer Henry noted the
progress of the Gilroy Apartments. Project.
Parks and Recreation Director Ayer invited Council to the
August 18, 1970 Parks and Recreation Commission Meeting at 7:30 p.m.
in the Council Chambers noting that the Preliminary Master Plan for
Christmas Hill Park will be presented at said meeting.
Parks and Recreation Director Ayer noted that his department
would not need Council Membersl phtographs as previously requested.
The Mayor noted the presence of Planning Commission Represen-
tative Berry.
ABAG Exec.
Com. Meet.
The ABAG Executive Committee Meeting of August 20, 1970 in
Berkeley was noted.
Adjournment
At 10: 17 p.m. motion wasnade by Councilman Kennedy seconded
by Councilman Pate and carried that the meeting adjourn to Wednesday,
August 26, 1970 at 5:00 p.m.
Respectfully submitted,
e1U4~ ~ ~j:
./ City Clerk