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Minutes 1976/05/03 1 Roll Call 3801 May 3, 1976 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:05 p.m. Present: Council Members: William E. Childers, Dennis L. DeBell, George T. Duffin, Marion T. Link, John E. Pate, David V. Stout, and Norman B. Goodri ch. Cert. of Serv.- The Mayor presented a Certificate of Service to Mr. Floyd Serrano, F. Serrano retiring Parks and Recreation Commissioner. Consent Calendar Minutes Ord. #76-9 re: Rezoni ng(Drs. Morrell & Cecilian Motion was made by Councilman Pate seconded by Councilman Childers that the following items under the Consent Calendar be adopted by the following Roll Call Vote: Council Members: Childers, DeBell, Duffin, Link, Pate, Stout and Goodrich. A. Approved the Minutes of the April 19, 1976, Regular Council Meeting. B. Adopted Ordinance No. 76-9 Amending the Zoning Ordinance by Rezoning a 1.00 Acre Parcel at 1335 First Street from PO (Profes- sional Office) District to Cl (Neighborhood Commercial) District, as requested by Drs. Morrell and Cecilian. ORDINANCE NO. 76-9 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING A 1.00 ACRE PARCEL AT 1335 FIRST STREET FRm1 PO DISTRICT TO Cl DISTRICT. PASSED AND ADOPTED this 3rd day of May, 1976, by the following vote: AYES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Link, Pate, Stout and Goodrich NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None l 3802 Ord. #76-10 re: Creating Dept. of Planning Budgeted Purch. over$1500 Cl aim-\~m. Spencer Sol icitation Co. Library Commission Historical Heri tage Commission Letter of Resignation- J. Porter Housing & Dev. Grant Act Commit- tee Foley & Burk Amusement Rides c.: Adopted Ordinance No. 76-10. Amending Section 2.1 and Repealing Sections 2.44(6) and 2.45(g) of the Gilroy City Code, and Enacting Chapter 2, Article XVI, Creating the Department of Planning. ORDINANCE NO. 76-10 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 2.1, AND REPEALING SECTIONS 2.44(6) and 2.45(g) OF THE GILROY CITY CODE, AND ENACTING CHAPTER 2 ARTICLE XVI CREATING THE DEPARTMENT OF PLANNING. PASSED AND ADOPTED this 3rd day of May, 1976, by the following vote: AYES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Link, Pate, Stout, and Goodri ch NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None D. Approved a Report on Budgeted Purchases Exceeding $1,500 and authorized the purchase of irrigation supplies for Eastside Park in the amount of $21,833.49 from Automatic Rain Co., low bidder, as recommended. One other bid was noted from R.V. Cloud Co. in the amount of $22,441.29. E. Denied an injury claim of William Spencer against the City of Gilroy and referred same to the City's insurance carrier and attorney. F. Approved the request of the Muscular Dystrophy Association for waiver of solicitation permit fees for the annual fund-raising appeal, May 10-31, 1976. City Administrator Wood presented a request from the County Board of Supervisors for a recommendation for appointment to the County Library Commission. The matter was referred to the Gilroy Library and Culture Commission for their recommendation. A request from the County Heritage Commission was presented for the designation of the week of May 9-15, 1976, as Historic Preservation Week. Council so ordered. A letter of resignation from Mr. John Porter, Library and Culture Commissioner, was noted. Motion was made by Councilman Duffin seconded " by Councilman Childers and carried that Mr. Porter's letter of resignation be accepted with regrets. The Mayor stated that an appointment to fill the unexpired term of t1r. John Porter would be made at the next regular Council meeting. Urb. A letter from Chairperson Dan McCorquodale, County Board of Supervisors, was noted requesting appointment of one (1) Councilmember to serve on the Housing and Urban Development Block Grant Committee. The r~ayor stated he would appoint a member of the Council to said Committee. City Administrator Wood presented a letter from Foley and Burk Shows and Albertson's Market of Gilroy Plaza, 845 First Street, for per- mission to operate six (6) small amusement rides on the parking lot of said Center for a period of five (5) days from May 5 thru May 9, 1976. Mr. Larry Ferris, representing Foley & Burk Shows, addressed the Council and stated that there would be three kiddie rides and two rides that teen-agers and adults could ride. Mr. Ferris stated they would use half of the parking area on the east side of the Center. Motion was made by Councilman Duffin seconded by Councilman Link and carried that the request of Foley & Burk Shows to set up five (5) amusement rides at Gilroy Plaza Shopping center on First Street from May 5-9, 1976, be approved with the stipulation the operating times as presented to Council would be adhered to. Ambulance City Administrator Wood presented a request of the Gilroy Ambulance Servo Rates Service for a rate increase. Mr. Eldred Holdaway, Gilroy Ambulance Service, addressed the Council and explained the company was experiencing inflationary problems, noting increases in auto insurance and malpractice insurance rates. 3803 Discussion was had. Motion was made by Councilman Childers seconded by Councilman Stout and carried that the reading of Resolution No. 76-21, Res. #76-21 approving rate increases as requested by Gilroy Ambulance Service be waived and that it be adopted. ,*,_.,,;iOi Resource Conserve Districts AB 302 re: Police & Fire Personnel League of Ca 1 if. Cities Pers. Com. 4/18/76 Classifica- tion Plan RESOLUTION NO. 76-21 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING THE MAXIMUM RATE SCHEDULE TO BE CHARGED BY AMBULANCE OPERATORS WITHIN THE CITY OF GILROY. PASSED AND ADOPTED this 3rd day of May, 1976, by the following vote: AYES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Link, Pate, Stout and Good ri ch NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None A letter from the Good Government Group of Saratoga in regard to LAFCO recommendation on Resource Conservation Districts was noted. A letter from Assemblyman Alister McAlister in regard to AB 302, Police and Fire Personnel, was noted. The League of California Cities Newsletter and Booklet, IIr~ayors and Counci 1 Members Leadershi p Program, II were noted. Meet. Personnel Director Reinsch reported on the Personnel Commission Meeting of April 18, 1976, noting the Commission's approval of the Classi- fication Plan and request for Council adoption of same. Council tabled approval of the Classification Plan to the meeting of May 17, 1976, in order to review the Plan. q;;;ci~ Lib. & Cult. Com. The Minutes of the Library and Culture Commission Meeting of April 6, 4/6/76 1976, were noted. P & R Com. Meet Parks and Recreation Director AYer reported on the Parks and Recreation --4/27/76 Commission Meeting of April 27, 1976, noting the revised scheduling for the Gilroy Community Center and request for Council approval of same. Motion was made by Councilman Pate seconded by Councilman Stout and carried that the revised scheduling for the Gilroy Community Center be approved as presented and that the Senior Citizens Advisory Board would act in an advisory capacity regarding the Center's functions. Community Center Scheduling Monthly Reports Disbursements Summaries of the monthly reports for February and March, 1976, were noted. Director of Public Works Hansen noted that Well #1 had a damaged air line and they could not get a reading for March. The Report of Disbursements from April 1, 1976, through April 30, 1976, was noted. Park Vandalism A Report on park vandalism was presented. Discussion was had on possible means of preventing further vandalism. It was suggested that neighbors in the area of the parks be encouraged to report any vandalism to the police department. It was further pointed out that citizens be reminded that their tax dollars are involved when such vandalism occurs. Parks and Recreation Director AYer noted he has contacted San Jose State University and requested a Student Intern to wrok with the Police Department and the Parks and Recreation Department to develop an anti-vandalism plan. - Water Consump- A Report on the volume of water billed was presented noting the problem tion Billing re: the difference between the amount of water used and waterbilled has been narrowed down to computer processing and that the problem is being resolved. Vermeer Root A Report on the Vermeer Root Pruner demonstration held April 21, 1976, Pruner was presented and discussed. It was ntoed the $7,000 has been appropriated for the past two years in the Capital Improvement Program for said pruner~ further noting that the cost now is $9,700. Motion was made by Councilman Stout seconded by Councilman DeBell and carried that the purchase of the Vermeer Root Pruner and Trenching Attachment be approved with the under- standing that although deliver would be made in June, it would not be billed 3804 Capital Imp.Prog. Offs i te Sewer Fees until July 1, 1976, so that the purchase could come under the 1976-77 Budget. City Administrator Wood presented the Five Year Capital Improve- ment Program 1976-81, for Council approval. Discussion was had. It was noted that next year, all buildings and equipment would be grouped respectively as separate categories rather than by the current depart- ment breakdown. Motion was made by Councilman Duffin seconded by Councilman Link and carried that the Five Year Capital Improvement Program 1976-81 be approved as presented. IIIIIIIlIJJ Director of Public Works-City Engineer Hansen presented a report on Sanitary Sewer Offsite (connection) Fees noting that a problem has arisen from the implementation of new sewer connection rates adopted last year. Discussion was had. It was moved by Councilman Duffin seconded by Councilman Childers and carried that the proposal of the Director of Public Works-City Engineer, as follows, be approved. a. Return the difference (approximately $46,020) to those developers who have been charged a rate higher than stipulated in their agreement. b. Establish a period of time (we recommend that this be the month of May, 1976) for all developers currently covered by an agree- ment which stipulates a price for sewer connections, to take advantage of the stipulated rate and pay their sewer fees in advance. - c. Declare that any sewer offsite fees still outstanding at the end of this period shall be collected at the rate im effect at the time of issuance of the building permit. d. Notify (by registered mail) all parties to such agreements of the above actions. Mr. Ray Swaner, Bollenbacher & Kelton, expressed his appreciation to the Council for their decision. ..... Water Well Director of Public Works-City Engineer presented a report on t~odifications Water l~el1 modifications. Discussion was had. t~otion was made by Councilman Pate seconded by Councilman Childers and carried that the recommendation of the Director of Public Works-City Engineer for the Water Well modifications be approved as presented and that Account 41C2(e) be amended in the amount of $21,568 to cover said work. Ag. Reserve A Report of the County Planning Commission re: the proposed Agricultural Reserve was noted. Councilman Chllrers noted a citizen complaint re: city crews parking equipment on the wrong side of the street. City Administrator Wood said he would check into the matter. Groundbreaking City Administrator Wood noted an invitation from the Gilroy School Ceremonies- District to attend the groundbreaking ceremonies at the new high school H.S. Site site on May 6, 1976. San Felipe Workshop- Sacto. City Administrator Wood noted the State Resources Board Workshop Meeting on May 6, at 1:00 p.m., in Sacramento re: the San Felipe Project. Councilman Link stated he would attend said meeting with the Ctiy Adminis- trator. ... - City Administrator Wood noted the American Athletics Union was bringing in a group of New Zealand Youth (wrestlers); further noting an invitation of Ben Gilroy, Jr., for Council to attend the activities. 01 d Town Tour City Admi ni strator Hood noted a tour of 01 d Town in Los Gatos Friday morning, to leave City Hall at 9:00 a.m. Councilmen Pate and Childers and Mayor Goodrich indicated they would attend. 3805 Resources Cons. Ci~y Administrator Wood expressed concern re: the report to LAFCO Districts on withdrawal from the resource conservation district and the effect this would have on the 566 Project. Parks and Recreation Director Ayer invited Council to attend a Street Tree Forum, May 7, in Burlingame. Parks and Recreation Director Ayer noted the ASA Softball Tournament to be held in Gilroy this weekend with the finals on Sunday at Christmas Hill Park. Jail Conversion Chief of Police Laizure recommended hiring the firm of Hughan and Hughan to do dnawings, on an hourly basis, for remodeling of the jail facili- ties noting this is a budgeted item; further noting that the estimated cost is $2,000, not to exceed $2,250. Discussion was had. Motion was made by Councilman Stout seconded by Councilman Link and carried that the firm of Hughan and Hughan be authorized to proceed with the drawing of plans for the remodeling of the jail facilities. Executive The Mayor noted the Executive Session held at 7:00 p.m. was continued Session to next Friday, May 7, 1976, at 2:00 p.m. ICC Meeting The Inter-City Council Meeting of May 5,1976,9:15 a.m.,Senator Alquist's Office in Sacramento, was noted. Adjournment At 9:25 p.m., the Mayor adjourned the meeting. Respectfully submitted, I~~~ - -'De uty C,ty erk ~