Minutes 1987/06/15
5526
Posting
Agenda
Roll Call
Consent
Calendar
Minutes
Claim-J.Marsh
Acceptance
of Impts.
Pub. Hear.
87-88 Budget
Res.87-45
Regular Meeting
June 15, 1987
Gilroy, California
Mayor Protempore Kloecker led the Pledge of Allegiance to
the Flag.
The City Clerk reported that the Agenda had been posted on
June 11, 1987 at 9:44 a.m.
Present: Councilmembers: Sharon A. Albert, Donald F. Gage,
Larry Mussallem, Daniel D. Palmerlee, Pete Valdez, Jr. and Paul
V. Kloecker. Absent: Councilmember: Roberta H. Hughan. (8:02
p.m.).
Motion was made by Councilman Gage seconded by Councilman
Mussallem that the following items under the Consent Calendar be
approved by the following Roll Call Vote: Ayes: Councilmembers:
Albert, Gage, Mussallem, Palmerlee, Valdez and Kloecker; Absent:
Councilmember: Hughan:
Approved the Minutes of the Regular Council Meeting of June
1, 1987;
Denied a Personal Injury Claim of Jackie Marsh as
recommended; and
Accepted the following Improvements as recommended: Tract
#7873, Old Orchard Estates; Tract #7636, Sundance I; Tract #7853,
Deer Park II; Tract #7673, Carriage Hills I and Tract #7867,
Carriage Hills II.
The Mayor Protempore stated that it was the time and place
scheduled for a Public Hearing on the Annual 1987-1988 Budget
and General Revenue Sharing.
City Administrator Baksa presented his report. The Mayor
Pro tempore asked if there was anyone in the audience wishing to
speak for or against the Revenue Sharing portion of the Budget.
There was no comment from anyone in the audience. City Adminis-
trator Baksa reported on the Study Session held by Council re-
garding requests for funds from non-profit organizations reflec-
ted in the final budget including carry-overs and transfers. The
Mayor Protempore asked if there was anyone in the audience
wishing to speak on the matter. There was no comment from anyone
in the audience. The Mayor Protempore closed the Public Hearing.
Motion was made by Councilman Valdez seconded by Councilman
Gage that the reading of Resolution No. 87-45 be waived and that
it be adopted approving the 1987-1988 Budget as presented.
City Administrator Baksa noted that the Joint Powers Sewer
Advisory Committee had tentatively approved the pretreatment
sewer facility project not included in the budget that would
require final approval sometime in August or September, 1987.
,...,
.....
~
....
"....
...
Pub. Hear. re:
Rezoning-
Longmeadow &
Santa Teresa
Pub. Hear. re:
Sewer Rates
Res.87-46
5527
RESOLUTION NO. 87 - 45
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING THE
BUDGET FOR SAID CITY FOR FISCAL YEAR 1987-1988 AND APPROPRIATING
PROPOSED EXPENDITURES FOR PURPOSES SET FORTH IN BUDGET.
PASSED AND ADOPTED this 15th day of June, 1987, by the following
vote:
AYES:
COUNCILMEMBERS:
ALBERT, GAGE, MUSSALLEM, PALMERLEE,
VALDEZ and KLOECKER
None
HUGHAN.
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
The Mayor Protempore stated that it was the time and place
scheduled for a Public Hearing to consider a rezoning initiated
by the City of Gilroy from Rl PUD (Single Family Residential)
Planned Unit Development District to Rl (Single Family Residen-
tial) District located at the northwest corner of Longmeadow
Drive and Santa Teresa Boulevard.
The Staff Report was noted and further explained by
Planning Director Dorn.
The Mayor Protempore asked if there was anyone in the
audience wishing to speak for or against the proposal. There was
no comment from anyone in the audience. The Mayor Protempore
closed the Public Hearing.
Motion was made by Councilman Mussallem seconded by Coun-
cilman Gage that the reading of the proposed ordinance approving
the rezoning be waived, introduced and published by title and
summary.
The Mayor Protempore stated that it was the time and place
scheduled to consider Revision and Adjustment of Rates and
Charges for Municipal Sewer and Water Service.
City Administrator Baksa explained the revisions for Sewer
Service Rates and Sewer Development Fees noting that there is no
recommendation for increase in Water Service Rates.
Councilwoman Albert suggested that utility customers on a
fixed income be advised on the statement that it is possible to
work out terms for payment. City Administrator Baksa stated that
more publicity is needed.
The Mayor Pro tempore asked if there was anyone in the
audience wishing to speak on the proposal.
Mr. Kenneth Kline, Valley Forge, addressed the Council and
inquired how the homeowner's rate is calculated. It was noted
that it is a flat rate for all Rl homes.
The Mayor Protempore asked if there was anyone further in
the audience wishing to speak.
Mr. Hector Villacana, addressed the Council inquiring if
Group Homes pay the same rate as single family residences. It
was noted that if a Group Home is in a single family residential
district the rate would be same as for a single family residence.
The Mayor Protempore asked if there was anyone further in
the audience wishing to speak on the matter. There was no
comment from anyone in the audience. The Mayor Protempore closed
the Public Hearing.
Motion was made by Councilman Mussallem seconded by Coun-
cilman Gage that the reading of Resolution No. 87-46 be waived
and that it be adopted, establishing rates for sewer service,
effective June 20, 1987.
RESOLUTION NO. 87 - 46
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING
RATES FOR SANITARY SEWER SERVICE.
PASSED AND ADOPTED this 15th day of June, 1987, by the following
vote:
5528
Pub.Hear.re:
Sewer Dev.
Fees
Res.87-47
Transient
Occ. Tax
Park. Lots
Pub.Wks.
Stand. Specs.
McDowell Youth
Home
AYES:
COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
ALBERT, GAGE, MUSSALLEM,
VALDEZ and KLOECKER.
None
HUGHAN.
PALMERLEE,
The Mayor Protempore stated that it was the time and place
scheduled for a Public Hearing to consider revision and adjust-
ment of municipal sewer development fees for residential, commer-
cial and industrial development.
The Mayor Protempore asked if there was anyone in the
audience wishing to speak on the proposal. There was no comment
from anyone in the audience. The Mayor Protempore closed the
Public Hearing.
~
I
!
.....J
Motion was made by Councilman Gage seconded by Councilman
Mussallem that the reading of Resolution No. 87-47 be waived and
that it be adopted establishing sewer development fees, effective
immediately.
RESOLUTION NO. 87 - 47
A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADJUSTING SEWER
DEVELOPMENT FEES FOR RESIDENTIAL, COMMERCIAL AND INDUSTRIAL
DEVELOPMENT.
PASSED AND ADOPTED this 15th day of June, 1987, by the following
vote:
AYES:
COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
ALBERT, GAGE, MUSSALLEM,
VALDEZ and KLOECKER.
None
HUGHAN.
PALMERLEE,
City Administrator Baksa noted that there would be no
action required on increasing the Transient Occupancy Tax as a
measure on the November 3, 1987 Election ballot as a result of
the Council Study Session.
Noted Request for changing parking limits in Municipal
,...
,
Lots.
Discussion was had by Council on the matter and action
tabled for further study to determine if the municipal parking
lot adjacent to Wells Fargo Bank would be included in this
change.
.....
A recommendation to revise Standard Specifications and
Details published by the Department of Public Works was noted.
Motion was made by Councilman Gage seconded by Councilman
Mussallem and carried that the revised Standard Specifications
and Details published by the Department of Public Works be
approved as recommended.
City Administrator Baksa noted that Steve Andrade objecting
to the proposed site of a McDowell Youth Home, at 726 W. 9th
Street had withdrawn his request to speak on the matter.
The Mayor Protempore asked if there was anyone in the
audience wishing to speak on the matter.
Mr. Irwin Boggs, 7095 Valley Forge, addressed the Council
requesting that the City write letters to the State License Board
and State Legislators for your home regulations to be controlled
locally rather than at the State level.
~
,
,
......
Mr. Frank Bozzo, addressed the Council noting that he
leases a home to McDowell Youth Homes and has had no negative
problems or comments from his neighbors and no vandalism and
agrees that local control for youth homes is needed.
The Mayor Protempore asked if there was anyone further in
the audience wishing to speak on the matter. There was no
comment from anyone in the audience.
Councilwoman Albert noted that she has a youth home in her
neighborhood and has experienced no problems with same.
~
I
.....
,Trucking
Business
Sewer
Allocation
"...
....
"....,
....
J..
5529
Mr. Gene Ketchin, House Parent of a youth home on Orchard
Drive, addressed the Council noting that he agrees that there is
a need for local control and noted that he recently met with
concerned residents in the neighborhood to better inform them of
the youth home arrangements and responsibilities of the youths
within.
Council agreed with Mayor Protempore Kloecker that the
Mayor contact local legislators regarding the need for local
control for youth homes and that School Board participation will
be handled if and when they come forward at that time.
A request of Victor Berri, et ux and Charles Buzzini for
regulations for trucking operations when located in close
proximity to residences was noted.
Mr. Charles Buzzini, 600 E. 8th Street, addressed the
Council, noting that the major noise problem is from the refri-
geration units and recommended that a sound wall be required for
trucking operation businesses.
Mrs. Jessup, Trucking Business Co-Owner, addressed the
Council, noting that they have attempted to cooperate and
alleviate the noise from their trucking business, noting that
most of the complaints are during the summer months when
residences leave their windows open in the evenings. She further
noted that they have investigated constructing a sound wall but
were advised that in order to be effective construction would not
be allowed by the City in a residential district.
Council took no action on the matter, but noted that
complaints would be further monitored.
Noted requests for Sewer Allocation from Andrew Latala,
Eurocraft Development, Inc.; Wanda Kainz; and Pia Ann Berryman
for 1403 Welburn Avenue.
City Administrator Baksa presented and explained the Staff
Report and recommendations.
Motion was made by Councilman Mussallem seconded by
Councilman Palmer lee and carried that sewer allocation be
approved under the fill-in category for Lot #52 at 1403 Welburn
Avenue noting that no further sewer allocations for this category
will be allowed until September 1987 if available at that time.
The following informational items were noted with no
separate discussion on same:
Planning Staff Approvals, dated May 29, 1987;
Proclamation Issued by Mayor Hughan: Parks & Recreation
Month - July 1987;
Police Officer, Ron Latham and Zak successfully completing
canine training course;
KRON-TV Town Meeting for Residents of Santa Clara County,
June 17, 1987 - 7:30 to 9:30 p.m.;
Kenneth A. Noonan, Superintendent Gilroy Unified School
District re: commending the Gilroy Police Department;
Tri-County Apartment Association supporting funding for
Operation Sentinel for the 1987-88 Fiscal Year;
Senior Advisory Board Chairperson re: Senior Center
Expansion; and
Growth & Opportunity, Inc. invitation to a Fiesta June 27,
1987.
The Mayor Pro tempore asked if there was anyone in the
audience wishing to speak on any matter not on the agenda. There
was no comment from anyone in the audience.
5530
P.& R.Com.
4-19-87
Noted the Minutes of the Parks and Recreation Commission
meeting of May 19, 1987.
Noted the Minutes of the Senior Advisory Board Meeting of
April 20, 1987.
Noted the Minutes of the Gilroy Golf Course Advisory Board
Meeting of April 21, 1987.
Lib.& Cult.Com. Noted the Minutes of the Library and Culture Commission
5-12-87 Meeting of May 12, 1987.
JPSA
Pers.Com.
6-8-87
Old City
Hall Lease
Utility
Accounts
Noted the Minutes of the Joint Powers Sewer Advisory
Committee Meetings of March 10th; 24th, April 14th; and May 12,
1987.
,
.......J
Noted the Report of the Personnel Commission Meeting of
June 8, 1987.
Motion was made by Councilman Gage seconded by Councilman
Valdez and carried that the title of Assistant Planner I & II be
changed to Planner I & II as recommended; and job descriptions
and salary ranges for the new classifications of Crime Prevention
Technician and Museum Aide be approved as recommended.
City Administrator Baksa presented and explained a pre-
liminary draft lease with Mr. Ed Lazzarini for the Old City Hall
noting minor changes to be worked out with leasee.
Motion was made by Councilman Gage seconded by Councilman
Palmerlee and carried that the Lease with Mr. Ed Lazzarini be
approved and Staff be authorized to finalize same as recommended.
City Administrator Baksa presented a recommendation to
write-off uncollectible utility accounts.
Motion was made by Councilman Gage seconded by Councilman
Palmerlee and carried that Staff be authorized to write-off
uncollectible utility accounts as recommended, noting that the
net write-offs are .44% of 1%.
,..,
.....
'85 Fire Code A recommendation to adopt the 1985 Edition of the Uniform
Fire Code was presented and further explained by Fire Chief
Gillespie.
Res.87-48 Motion was made by Councilman Gage seconded by Councilman
Valdez that the reading of Resolution No. 87-48 be waived and
that it be adopted.
Garlic
Festival
Res. 87-49
RESOLUTION NO. 87 - 48
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING UNIFORM
FIRE CODE, 1985 EDITION, WITH MODIFICATIONS.
PASSED AND ADOPTED this 15th day of June, 1987, by the following
vote:
AYES:
COUNCILMEMBERS:
ALBERT, GAGE, MUSSALLEM, PALMERLEE,
VALDEZ and KLOECKER.
None
HUGHAN.
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
City Administrator Baksa presented a recommendation to
adopt a resolution received too late to be agendized required for
the Garlic Festival event.
~
Motion was made by Councilman Mussallem seconded by
Councilman Valdez and carried that action be taken on the
resolution for the Garlic Festival.
I
.......
Motion was made by Councilman Mussallem seconded by
Councilman Palmerlee that the reading of Resolution No. 87-49 be
waived and that it be adopted authorizing the California Highway
Patrol to control traffic during the Garlic Festival.
and KLOECKER.
,....
~
OMI
Contract
Res.87-50
,....
I
....
Pit Bull
Dogs
,....
Adj rnmt .
-....
5531
RESOLUTION NO. 87 - 49
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING
THE CALIFORNIA HIGHWAY PATROL TO DIRECT AND CONTROL TRAFFIC AND
ENFORCE TRAFFIC LAWS WITHIN THE GILROY CITY LIMITS ON JULY 24TH,
25TH AND 26, 1987 AND SUBSEQUENTLY FROM TIME TO TIME, DURING THE
ANNUAL GARLIC FESTIVAL.
PASSED AND ADOPTED this 15th day of June, 1987 by the following
vote:
AYES:
COUNCILMEMBERS: ALBERT, GAGE, MUSSALLEM, PALMERLEE,
VALDEZ
NOES:
ABSENT:
COUNCILMEMBERS: None
COUNCILMEMBER: HUGHAN.
City Administrator Baksa presented a recommendation to
approve an amendment to the OMI Contract received too late to be
agendized and required for approval.
Motion was made by Councilman Gage seconded by Councilman
Mussallem and carried that the Amendment to the OMI Contract be
acted upon at this meeting.
Motion was made by Councilman Mussallem seconded by Coun-
cilman Valdez and carried that Amendment No. 2 to the Agreement
for Operations, Maintenance, and Management Services for the
Cities of Gilroy and Morgan Hill with OMI be approved as
presented.
City Administrator Baksa presented a resolution Honoring
Bill Ayer, Parks and Recreation Director, needed for presentation
at his Farewell Party on June 24, 1987 at Las Animas Park, 5:50
p.m. - 9:00 p.m.
Motion was made by Councilman Valdez seconded by Councilman
Palmerlee and carried that Council adopt a resolution honoring
Bill Ayer as requested.
Motion was made by Councilman Palmerlee seconded 9Y Coun-
cilman Gage that the reading of Resolution No. 87-50 be waived
and that it be adopted honoring Bill Ayer.
RESOLUTION NO. 87-50
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY HONORING WILLIAM
E. "BILL" AYER, DIRECTOR OF PARKS AND RECREATION.
PASSED AND ADOPTED this 15th day of June, 1987, by the following
vote:
AYES:
COUNCILMEMBERS:
ALBERT, GAGE, MUSSALLEM,
VALDEZ and KLOECKER.
None
HUGHAN.
PALMERLEE,
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
Councilwoman Albert invited Council to a Legal Forum on
July 8th and 9, 1987 in Santa Clara and urged City participation.
Councilman Palmer lee suggested researching possibility of
prohibiting Pit Bull Dogs in the City of Gilroy. Council
agreed. City Administrator Baksa noted that Staff would have a
report on same at the July 20th regular Council Meeting.
At 9:55 p.m. the Mayor Protempore adjourned the meeting.
Respectfully submitted,
erk