Minutes 1970/05/04
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Gilroy, California
May 4, 1970
The Regular Meeting of the Gilroy City Council was cal led to
order by His Honor Mayor Protempore George T. Duffin at 8:04 p.m.
Roll Ca 11 Present: Counci 1 Members: Fred P. Batrez, George T. Duffin,
Mark E. Kennedy, ' John E. Pate, Anthony C. Silva,
Absent:Council Members: Everett C. Wentworth and Norman B.
G00drich.
Minutes
The Minutes of the Regular Counci I Meeting of April 20, 1970
and of the Special MeetiMg of April 27, 1970 were approved as mailed
and recorded.
2nd Div.G.O. Mayor Protempore Duffin tabled the Report on bfds for the
Bonds 169 Second Division of the.General Obligation Bonds of 1969 opened at
11:00 a.m., May 4, 1970, to await arrival of the Bond Attorney.
Pub.Hear.re: The Mayor Protempore noted that it was the time and place
Luchessa scheduled for the Public Hearing on Amended Assessments No.7 and 8
Ave. Amend-regarding Luchessa Avenue Improvement District Project 1967-2. Direc-
.ed Ass1mt. tor of Public Works Henry explained said proposed amended assessments.
7 & 8 The.Mayor Protempore asked if there was anyone in the audience wishihg
to speak for or against the proposal. There was no comment from anyone
in the audience. Motion was made by Councilman Kennedy seconded by
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Councilman Pate and carried that the Public Hearing be closed. Resolution No.
1464 Confirming said Amended Assessments was presented. Motion was made by
Councilman Pate seconded by Councilman Silva that the reading of Resolution No.
1464 be waived and that it be adopted.
Res.
1464
RESOLUTION NO~ 1464
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A RESOLUTION CONFIRMING AMENDED ASSESSMENT - LUCHESSA AVENUE IMPROVEMENT DISTRICT
PROJECT NO. 1967-2 - CITY OF GILROY - ASSESSMENT NOS. 7 AND 8.
PASSED AND ADOPTED this 4th day of May, 1970, by the following vote:
AYES: COUNCIL MEMBERS: Batrez, I\ennedy, ,Pate, Silva, and Duffin.
NOES: COUNCIL MEMBERS: None
ABS ENT: COUNC I L MEMBERS: Wentworth and Goodri ch.
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Bids re:
2nd Div.Second
G.O.
Bonds
'69
City Administrator Wood reported that no bids had been received for the
Division of the General ObI igation Bonds of 1969.
Mr. Davis, Attorney for Bond Consultants of Wilson, Jones, Morton &
Lynch, addressed the Council and repo~ted on same.
City Administrator Wood recommended to resubmit the Bond Issue on the
NOvember 1970 Ballot for a maximum interest rate increase unless the bond market
decreased between now and November; that if this occurred to authorize the Bond
Attorneys to have a short call notice for obtaining bids. The Mayor Protempore
instructed Staff to prepare the necessary documents to accomp1~ h the recom-
mendation of the City ,Administrator and proceed as stated.
P .&R.
Com.
Report
4/21/70
Parks and Recreation Di rector Ayer presented and explained the Report of
the Parks and Recreation Commission Meeting of April 21, 1970 recommending ap-
proval of a proposed Joint program with the Gilroy Uni.fied School District,
same submitted to each Council Member present for review.
.....
Mr. Eddie Sanchez~ Chairman of the Gilroy School Board, addressed the
Council and noted that the proposed Joint program had not yet been presented
to the Board; that generally the Board looks favorably on this type of coopera-
tive efforts.
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The Council indicated that .they were in favor of cooperative efforts of
this type and would take action on said program following the School Boards'
act i on on same.
Person- The Report of the Personnel Commission meeting of April 23, 1970 was
ne1Com. noted.
4/23/70 Meet.
Lib.&Cult. The Minutes of the Library and Culture Commission Meeting of Apri 1 17,
Com. 1970 were noted.
TJ77 70
Monthly The ,Summary of Monthly Reports of March 1970 was noted and discussed.
Reports Council tabled the Report of the Golf Course Advisory Committee in regard to
the financial statement to await Chairman Wentworth's presence, and report on
same.
Disburse- The Report of Di5bursements from Apri I 1, 1970 to and including Apri 1 30,
ments 1970 were noted and discussed.
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Gavi 1an
Creek
Eng.
Report
Mr. Lloyd C. Fowler, representative of the ,Santa Clara County Flood,
Control and Water Conservation District, addressed the Counci 1 and explained
and reviewed the Engineerls Report for Gavi1an C;reek. He noted that said pro-
posal would be.presented at the Board of Di.rectors' Public Hearing scheduled
for June 9, 1970.
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Sewer Farm City Administrator Wood reported on a proposal for an agricultural
inter- interceptor drain into the Cityls Sewer Farm Drain System to be installed by
ceptor George White.
Drain
proposal Mr. White further explained the proposal. Discussion was had on the
matter.
Motion was made by Councilman Silva seconded by Councilman Pate and
3104
Salary
Increase
Sel f-Hous i ng
Proj ec t
Migrant
Housing
Project
, ..
Ord.#886 re:
Intrastate
Telephone
Messages
and carried that a non-revocable permit be authorized for agricul-
tural purpo~es to George White for the proposed agricultural inter-
ceptor drain into the City's Sewer Farm Drain System, subject to pre-
paration of the necessary documents by the City Attorney and approval
of same by the City Administrator; said pipe cost to be paid by the
City and installed by Mr~ White to be used for agricultural purposes
only.
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City Administrator Wood presented a recommendation for a merit
increase fQr Michael J. Pel 1 in, Pol ice Cadet, Range 17.5 from Step J
"A" $397. to Step "B" $417. to become effective May 1, 1970. Motion
was made by Councilman Pate seconded by Counci lman Silva and carried
that the merit step increase for Michael J. Pellin be granted as
recommended.
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Director of Public Works Henry presented a p'roposed Development
Agreement with "The Progressive Self-Help Housing Enterpr,ises, Inc.
of South Santa CLara County", Luna Estates, Tract #4797 with stipu-
lations noted.
Mr. Paul Gallegos, addressed the Council and requested approval
of said Agreement prior to receipt of the Improvement Bond require~
ment; same to be submitted by the Contractor prior to construction
and requested a waiver of the uti1 ity service connection fees to be
paid prior to the connection of any services.
The City Attorney recommended that the Bond requirements not be
waived, however that the City be named in some manner either as a
separate bond or an addition to the County Bond required for said
improvements.
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Motion was made by Councilman Batrez seconded by Councilman Pate
and carried that the Development Agreemen~ for Luna Estates, Tract
#4797 as presented be approved and that Staff be authoriz ed to execute
same subject to the bond to be provided by the Developer in an ap-
proved form by the City Attorney at any time prior to ,construction
and that the connection fees for uti1 ities be waived until such time
the service connections are made.
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Mayor Protempore Duffin deviated from the agenda in order to ac-
comodate interested persons in the audience in regard to the proposed
Migrant Housing Project Agreement with the Santa Clara County Housing
Authority and the Harvest Housing Association.
City Administrator Wood noted that the County would not agree to
a condition for the Interim improvements on Luchessa Avenue. He also
noted that the County was not in agreement in regard to extension of
the drainage system to the south line of Luchessa Avenue as previously
agreed at the Special Council Meeting of April 27, 1970.
Motion was made by Counci lman Kennedy seconded by Councilman Pate
and carried that Staff be authorized to execute the modified agree-
ment subject to the approval of the City Attorney and provided that
the provisions for extension of the drainage system to be paid for
and instalJed by the County or Harvest Housing Association to the
south side of Luchessa Avenue.
...
Ordinance No. 886 previously introduced and .published by title
and summary in re: Requiring Written Consent Prior to Initiating or
Delivering an .Intrastate Recorded Telephone Message to any Public
Safety Telephone Number, was presented for adoption.
...
Motion was made by Councilman Pate seconded by Councilman Silva
that the reading of Ordinance No. 886 be waived and that it be adopted.
ORDINANCE NO. 886
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ORDINANCE OF THE CITY OF GILROY REQUIRING WRITTEN CONSENT PRIOR TO
INITIATING AND DELIVERING AN INT.RASTATE RECORDED TELEPHONE MESSAGE TO ANY PUBLIC
SAFETY TELEPHONE NUMBER AND PROVIDING A MISDEMEANOR PENALTY FOR THE VIOL~TION
THEREOF.
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PASSED AND ADOPTED this 4th day of May, 1970, by the followIng vote.
AYES: COUNCIL MEMBERS: Batrez, Kennedy, Pate, Silva and Duffin.
NOES' COUNCIL MEMBERS' None
ABSENT: COUNCIL MEMBER$: Wentworth and Goodrich.
Utility Users The City Attorney presented a proposed ordinance in re; to
Tax Ord. AB1320 Utility Users Tax. City Administrator Wood explained said
ordinance. Motion was made by Councilman Pate seconded by Council-
man Silva and carried that the proposed Ordinance regarding Utility
Users Tax be introduced and published by title and summary.
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United Nations. The request of the United NationsL Association for the City
Ass.n. to designate October 24, 1970 as United Nations~ Day and for appoint-
ment of a local Chairman was noted and filed.
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Flea Market
GHS
Co. Li brary
Commission
Plan.Po1icy
Com. Meets.
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Freeway 10.1
funds
Hous i ng Conf.
City Park
improve-
ments
Downtown
Merchants.
request
for add'tl.
Pol ice
protection
I 1
P. &'. R.
resigna-
t i on ( S .
Br:unetti)
~...
-
S.C.CO.
Olympics
-
I n te r Fa i th
Chp. Adv;i'.
Com. rep.
The 'Request of the 'Gilroy High School Associated Students to
waive the permit fee for a Flea Market and request for closing of
Fourth Street for a Street Dance on May 17, 1970 was noted. Council
requested that the local banks in the immediate vicinity be notified
and consulted to the closing of Fourth Street for this occasion.
Motion was made by Councilman Kennedy seconded by Councilman Pate and
carried that the permit fee for a Flea Market sponsored by the Gilroy
High School Associated Students be waived and that Fourth Street be
closed for the Street Dance on May 17, 1970 with the condition that
the Association contact the Police Department for the number of re-
quired Officers needed for this occasion; and that the ASsOciation be
required to pay for the officers' services.
A letter from Board of Supervisors. was noted requesting
a nomination from the City to the County Library Commission. Council
tabled action on same to the next regular Council Meeting.
The Mini Minutes and report of Council Representative Kennedy
on the Executive Committees. Planning Policy Committee Meeting of
April 23, 1970 were noted.
A letter from the California Highway Commission in regard to
restoration of funds for Route ].01, 'Morgan Hi1'l-Gi1roy Bypass was
noted.
A letter from the South Bay Regional Housing Conference was
noted in regard to the Housing Workshop scheduled for May 15, 1970.
No Council Member present indicated their interest in attending same.
A letter from Mrs. C. Krahenbuhl was noted in regard to City
Parks. Council requested that Staff inform Mrs. Krahenbuhl of current
proposed City Park Improvements.
Mr. Jim Sacco. 727 Dowdy Street, addressed the Council
stating that he represented some downtown merchants requesting addi-
tional police protection for the downtown area. Th~ Mayor Protempore
suggested that qowntown Merchants submit their request and sug-
gestions in writing to be acted upon by the Council at budget time.
City Administrator Wood presented a letter of resignation
from Mrs. Susie Brunetti from the Parks and Recreation Commission.
Motion was made 'by Councilman Kennedy seconded by Councilman Pate
and carried that Mrs. Brunetti'a letter of resignation be accepted
wfth regret~ Mayor 'Protempore Duffin requested Council to submit
names for this appointment 'to fi 11 the unexpired term of Mrs. 'Brunetti
(1/1/74) .
An invitation to the Santa Clara County Special Olympics of
May 1&, 1970 was noted. Council suggest~d that the Parks & Recrea-
tion Director attend this event.
A letter requesting an appointment of a City representative
to the Inter-Faith Chapter Advisory Committee was presented. Motion
was made by Councilman Kennedy seconded by Councilman Silva and Carried
l
3106
League of
Ca 1 if.
Cities
Meet.
Pocahontas
Fund Drive
Dukor Lunch-
eon
Inter-City
Counc i 1
City Admin.
recognized
in Western
City Maga-
zine
S.C. Co.
Grand Jury
101 Freeway
Bypass
Bonanza Day
Com. Award
that Mayor Goodrich be appointed to said Inter-Faith Chapter
Advisofy Committee.'
The League of California Cities-Peninsula Division, Meeting
of May 14, 1970 was noted.
A request of the Pocahontas Organization to solicit funds
for the Mentally Retarded on May 12, 1970 was presented. Motion was
made by Councilman Pate seconded by Councilman Silva and carried that
Pocahontas Organization be authorized to solicit funds on May 12, 1970
as requested with fees to be waived.
An invitation to attend a luncheon at Dukor Modular System,
on May 6, 1970 at 11: a.m. was presented.
Mayor Protempore Duffin requested that all Council attend
the Inter-City Council Dinner meeting of May 7, 1970 at the Gilroy
Elks I B u i 1 din g.
Councilman Pate noted recognition of City Administrator
Wood in the current issue of Western City Magazine.
Mayor Protempore Duffin presentedarnread a letter from the
Santa C1ana County Grand Jury requesting all county municipalitie~
cooperation in a proposed study. Council requested Staff to notify
the Santa Clara Ccunty Grand Jury that the City will cooperate in
th i s s tu dy .
Councilman Kennedy requested permission to be absent frpm the
regular Council Meeting of May 18, 1970. Mayor Protempore Duffin
granted same.
Director of Public Works Henry noted that the 101 Freeway
Bypass plans are expected to be received by the City on May 5, 1970.
City Administrator Wood noted the first prize professional
float award of Bonanza Day Committee, received on May 2,]970 in the
Los Banos May Day Parade.
At 10:15 p.m. the Mayor Protempore adjourned the meeting.
Respectfully submitted~
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5' ..- ::-7----:~
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Crty Clerk
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