Minutes 1991/07/15
Invocation
Posting
Agenda
Roll
Recorded
Res.91-42
Consent
Calendar
Minutes
utility
Acct s .
Budget
Res.91-43
Imprvmts.
MOU's
t; ;31
Regular Meeting
July 15, 1991
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag at 7:00
p.m.
Pastor Robert Achilles, Trinity Baptist Church gave the
Invocation.
The City Clerk recorded that the Agenda had been posted on
July 11, 1991 at 12:00 p.m.
Present: Councilmembers: Donald F. Gage, Leonard A. Hale,
Paul V. Kloecker, Larry Mussallem, Sara C. Nelson, Pete Valdez,
Jr. and Roberta H. Hughan;
Motion was made by Councilman Gage seconded by Councilman
Kloecker that Resolution No. 91-42 be adopted Honoring Bruce M.
Jacobs' Retirement.
RESOLUTION NO. 91 - 42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY HONORING
AND COMMENDING SERVICES OF BRUCE M. JACOBS, CITY ATTORNEY, UPON
HIS RETIREMENT.
PASSED AND ADOPTED this 15th day of July, 1991, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ and HUGHAN.
COUNCILMEMBERS: None
COUNCILMEMBERS: None
Motion was made by Councilman Kloecker seconded by
Councilman Gage that the following items under the Consent
Calendar be approved as recommended. Motion was made by
Councilman Hale seconded by Councilwoman Nelson that Item "E"
(Request to Change Use of Funds for South County Alternatives be
removed from the Consent Calendar and tabled to the next regular
meeting) and that the remaining items be approved as recommended
by the following Roll Call Vote: Gage, Hale, Kloecker, Mussallem,
Nelson, Valdez and Hughan:
Minutes of the Regular Council Meeting of July 1, 1991;
Authorized Write-Off of Uncollectible Utility Accounts as
presented;
Approved Budget Transfers/Amendments as recommended;
Adopted Resolution No. 91-43 Amending Proceedings Under
Country Estates - Phase I Assessment District;
RESOLUTION NO. 91 - 43
RESOLUTION OROERING CHANGE OF PROCEEDINGS
PHASE I ASSESSMENT DISTRICT.
PASSED and ADOPTED this 15th day of July,
vote:
AYES:
- COUNTRY ESTATES -
1991, by the following
COUNCILMEMBERS:
GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ and HUGHAN.
None
None;
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
Accepted Improvements for GFB Acquisi.tion, Spencer Rentals,
Chestnut Street and BP Oil Company, Le3vesley Road as
recommended; and
Ratified Miscellaneous and Supervisory Groups' Memorandum
of Understandings as recommended.
(;03~~
Pub.Hear.
WeedAbate.
Res.91-43
Pub. Hear.
Sewer Rates
The Mayor stated that it was the time and place scheduled
on the Report of the Fire Chief and Assessment on Abatement of
Weeds and Refuse within the City.
The Fire Chief's Report was noted and further explained by
City Administrator Baksa.
The Mayor 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 closed the Public Hearing.
Motion was made by Councilman Kloecker seconded by
Councilman Valdez that the reading of Resolution No. 91-43 be
waived and that it be adopted Confirming the Report and Providing
that Costs Shall Constitute Assessments Against the Respective
Owners of Land.
RESOLUTION NO. 91 - 44
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CONFIRMING THE
REPORT OF THE CHIEF OF THE FIRE DEPARTMENT SETTING FORTH THE
DESCRIPTION OF PROPERTY, THE OWNERS THEREOF, AND THE COST OF
ABATING THE NUISANCE CAUSED BY THE GROWING OF WEEDS AND
ACCUMULATION OF REFUSE IN THE CITY OF GILROY, AND PROVIDING THAT
SUCH COST SHALL CONSTITUTE ASSESSMENTS AGAINST THE RESPECTIVE
OWNERS OF LAND.
PASSED AND ADOPTED this 15th day of July, 1991, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ and HUGHAN.
COUNCILMEMBERS: None
COUNCILMEMBERS: None
The Mayor stated that it was the time and place scheduled
for the continued Public Hearing to consider revision and
adjustment of rates and charges for Municipal Sewer Service.
The Staff Report was noted and further explained by City
Administrator Baksa.
Discussion was had by Council on the matter.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposed sewer rates.
Mr. J. D. Vanderlon, representing PW Supermarkets, 2277
Alum Rock, San Jose, addressed the Council inquiring about
grocery stores being significant users noting no opposition to
the rate but requested flat rate users be more closely monitored.
Mr. Tony Roseback, Cintas Corporation, 904 Holloway Road,
Gilroy (Industrial Laundry) addressed the Council noting that
they are non-significant users and in June will be discharging a
better quality of water into the pretreatment system and inquired
as to what advantage that would offer the user. It was noted
that there is no surcharge on BOD or suspended solid limitation.
Mr. Richard Harrison, addressed the Council and suggested
that further refinement on what constitutes non-significant users
requesting that professional offices such as his law office be
excluded totally.
The Mayor asked if there was anyone further in the audience
wishing to speak. There was no comment from anyone in the
audience. The Mayor closed the Public Hearing.
Motion was made by Councilman Hale seconded by Councilwoman
Nelson and not carried by the following Roll Call vote to approve
Option No.2, Eliminate the base rate concept and recoup the
total cost of the chemical control function by increasing the
commercial and industrial per 1000 gallon usage schedule: Ayes:
Councilmembers: Hale and Nelson; Noes: Councilmembers: Gage,
Kloecker, Mussallem, Valdez and Hughan.
Res.#91-45
Pub. Hear.
Comp.Fees
Res.91-46
HeckerPass
Reorg.91-1
Res.91-47
f' '}3
, I ~'")
Motion was made by Councilman Gage seconded by Councilman
Valdez and carried by the following Roll Call Vote to approve
Option No.3, Combination, using the base rate concept for a
portion of the increase and increases the per 1000 rate element
for the balance of the needed revenue: Ayes: Councilmembers:
Gage, Hale, Kloecker, Valdez and Hughan; Noes: Councilmembers:
Mussallem and Nelson.
Motion was made by Councilman Gage seconded by Councilman
Valdez that the reading of Resolution No. 91-45 be waived and
that it be adopted approving revisions and adjustments of rates
and charges for Municipal Sewer Service as outlined in Option No.
3.
RESOLUTION NO. 91 - 45
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING
RATES FOR SANITARY SEWER SERVICE.
PASSED AND ADOPTED this 15th day of July, 1991, by the following
vote:
AYES:
COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GAGE, HALE, KLOECKER,
HUGHAN.
MUSSALLEM and NELSON.
None.
VALDEZ and
The Mayor stated that it was the time and place scheduled
to consider revisions and adjustments to the Comprehensive Fee
Schedule of the City of Gilroy.
The Comprehensive Fee Schedule was noted and items in
question discussed by Council and further explained by Finance
Director Shaw.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposed fees. There was no comment
from anyone in the audience. The Mayor closed the Public
Hearing.
Councilman Mussallem requested a comparison study of other
cities in the County in regard to their Comprehensive Fee
Schedule if any and streamlining of the planning process.
Motion was made by Councilman Mussallem seconded by
Councilwoman Nelson that the reading of Resolution No. 91-46 be
waived and that it be adopted approving revisions and adjustments
to the Comprehensive Fee Schedule as presented.
RESOLUTION NO. 91 - 46
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING A
COMPREHENSIVE FEE SCHEDULE REVISING FEES CHARGED BY ALL
DEPARTMENTS OF THE CITY.
PASSED AND ADOPTED this 15th day of July, 1991, by the following
vote:
AYES:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ and HUGHAN.
COUNCILMEMBERS: None
COUNCILMEMBERS: None
NOES:
ABSENT:
Planning Director Dorn presented a recommendation to
approve reorganization proceedings of Hecker Pass Reorganization
91-1, containing 52.7 acres.
Motion was made by Councilman Mussallem seconded by
Councilman Kloecker that the reading of Resolution No. 91-47 be
waived and that it be adopted approving Hecker Pass
Reorganization 91-1.
i' fl.',) 1
1.,. ~ ! ! ,-___1~.
Plan. Com.
7-11-91
Pers.Com.
7-8-91
RESOLUTION NO. 91 - 47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY
HECKER PASS REORGANIZATION 91-1.
PASSED AND ADOPTED this 15th day of July, 1991,
vote:
AYES:
GILROY APPROVING
DESIGNATED AS
by the following
NOES:
ABSENT:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ and HUGHAN.
COUNCILMEMBERS: None
COUNCILMEMBERS: None
The Mayor 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.
The following informational items were noted with no
separate discussion on same unless indicated:
City'S response to heroic deed;
Senator Mello re: Calculation of Maintenance of Effort for
Gilroy Under Proposition 111 and City'S request for Amendment of
SB 751. Councilman Kloecker noted that same greatly relieved
problems among most of the cities regarding the Congestion
Management Agency;
Barbara C. Khan, Retired from Handicapped Appeals Board, in
appreciation;
California Transportation Commission re: Funding and Cal-
Train Service to Gilroy. Councilman Kloecker noted that action
on the Cal-Train Project has been postponed to September and that
the media coverage has been thorough and up-to-date;
Monthly Cash and Investments Report, May 31, 1991; and
Report on Staff action regarding CMA level of service
standard for South County.
(At 9:00 p.m. the Mayor declared a Recess and reconvened
the meting at 9:07 p.m.)
Councilwoman Nelson was absent when the Mayor reconvened
the meeting.
The Report of the Planning Commission Meeting of July 11,
1991 was noted.
The Minutes of the Personnel Commission Meeting of July 8,
1991 were noted.
Motion was made by Councilman Gage seconded by Councilman
Hale and carried that the Salary Range and Job Description for
Public Information Technician and Name Change and Salary for
Computer Operator to Information Systems Technician be approved
as recommended.
City Administrator Baksa had no update on the Water
Conservation Program.
City Administrator Baksa gave an update on the Customer
Service Training Program.
(At 9:08 p.m. Councilwoman Nelson returned and took her
seat at the Council table.)
Council set August 12, 1991 at 7:00 p.m., as a Joint
Council/Planning Commission Study Session re: Circulation Impact
Fees.
i '
Adjrnmt.
! ~., - l >-
,~'! ',J~
The 92nd Annual League of California Cities Conference
October 13-16, 1991 in San Francisco was noted. The following
Councilmembers indicated their desire to attend: Councilmembers:
Gage, Kloecker, Hale, Valdez and Nelson.
The following meetings were noted:
Governor's Growth Management Council Public Hearing, July
30, 1991 in San Jose;
Annual City Council/commission/Employee Barbecue, August
17, 1991 - 4:00 p.m. to 11:00 p.m., Christmas Hill Park, Gilroy;
Council Study Session, August 26, 1991 - 7:00 p.m., re:
Review Proposal Options re: State Mandated and Waste Reduction
Goals (AB 939), Employees' Lounge, City Hall, 7351 Rosanna
Street, Gilroy, CA; and
92nd League of California Cities Annual Conference, October
13-16, 1991, San Francisco Hilton.
Councilman Gage reported on an Emergency Preparedness
Counsel Meeting noting that it was noted that Unreinforced
Masonry Building regulations were not completed in the City of
Gilroy when in fact the City has completed same.
Councilman Kloecker gave an update on the Recycling
Program, noting that the San Martin site is now recycling
cardboard materials.
Councilwoman Nelson gave an update on Regional Government
Bills AB 76 and 3 passed by the Assembly.
Councilman Mussallem noted the Greenbelt Steering Committee
Meeting of July 17, 1991 - 7:00 p.m. at the Morgan Hill Unified
School District Office.
At 9:15 p.m. the Mayor adjourned the meeting with an
applause for Bruce Jacobs, retiring City Attorney.
Respectfully submitted,
~~dq