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Minutes 1985/02/04 Roll Call Intro. New Employee Employee Award Consent Calendar Minutes Claim - K.Mara i .1.- 51-OS February 4, 1985 Gilroy, California Hayor Hughan led i:he Pled'Je of Al1e,!"iance to the Flag. The Regular r~eetinq of the Gilroy City C.cpncil "as called to order by Her Honor Roberta H. Hughan at 8:00 r.m. Present: Council Merr>hers: Sharon A. JI_lbert, Donald F. Gage, Paul V. KloeckeJ~, Larrv lJ1ussa.]_lern, ,Jo~n E. Pate, T'ei.:e Valdez and Roberta H. Hughan. The Mayor introduced new employees: Michael Perez, Multi-Service Officer, and Judi Harsany, Police Records Clerk. The Mayor presented the Januarv Employee of the Month Award to John Holson, Building Inspector. Motion vvas J'\adf~ by Councilnan Gage seconded by Cou,:}cilrclan Pate 1:hat the fOllovlinq items under the Consent Ca1en(lar b~ approved by the following Foll Ca]_l vob~: l\ye5: Council 11erJ)ers: Ar')ert, Gage, Kloecker, Mussallem, Pate, Valdez and Hughan. Approved the Minutes of the Regular Council Meeting of January 21, 1985; Denied a claim of Kabine Mara '3.5 reconrn.enclec1.; anc1. 5106 Claim - R.D. Bauldry,Jr. Pub.Hear. re: Compo Fee Schedule & Bus.Licenses Res. #85-9 Denied a Claim of Ronald D. Bauldry, Jr., as recommended. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider adoption of a Comprehensive Fee Schedule to include revision and adjustment of Municipal Business License Fees. The Mayor asked if there was anyone in the audience wishing to speak on the matter. Mr. Paul Barrish, Las Animas Technology Park, addressed the Council in regard to same. - Motion was made by Councilman Gage seconded by Councilman Pate and carried that the Public Hearing be closed. - Discussion was had by Council on the matter. It was noted that the proposed fee schedule and revised municipal license fees have been reviewed by Council at previous study sessions. Motion was made by Councilman Pate seconded by Councilman Kloecker that the reading of Resolution No. 85-9 be waived and that it be adopted approving the fees as recommended. RESOLUTION NO. 85-9 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING A COM- PREHENSIVE FEE SCHEDULE REVISING FEES CHARGED BY ALL DEPARTMENTS OF THE CITY. PASSED AND ADOPTED this 4th day of February, 1985, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PA'rE, VALDEZ and HUGHAN COUNCIL MEMBERS: NONE COUNCIL MEMBERS.: NONE - Intro. Ord. re: Motion was made by Councilman Gage seconded by Councilman Muni. Lic. Mussallem and carried that the reading of the proposed ordinance Fees be waived and that it be introduced and published by title and summary amending the City Code pertaining to adjustment and revi- sion of municipal license fees. Pub.Hear. re: Garbage Rates Res. #85-10 Garbage Rates ... The Mayor stated that it was the time and place scheduled for a Public Hearing to consider revision and adjustment of charges for the collection of garbage, rubbish and refuse in the City of Gilroy. City Administrator Baksa noted that representatives from South Valley Refuse Disposal, Inc. were present to answer any questions. The Staff Report regarding the requested rate revi- sions was noted. Mr. Mike Sandrocco, Chief Financial Officer of South Valley Refuse and Disposal, Inc., addressed the Council further explain- ing the requested rate increases. 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. -- Motion was made by Councilman Mussallem seconded by Coun- cilman Gage and carried that the Public Hearing be closed. -- re: Motion was made by Councilman Gage seconded by Councilman Mussallem that the reading of Resolution No. 85-10 be waived and that it be adopted approving the revised garbage fees. RESOLUTION NO. 85-10 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY FIXING MAXIMUM CHARGES FOR THE COLLECTION OF GARBAGE, RUBBISH, AND REFUSE EF- FECTIVE FEBRUARY 20, 1985. PASSED AND ADOPTED this 4th day of February, 1985, by the following vote: Dusan 'l'ooi!;s Appeal Hearing -- .... - .... Pub.Hear. re: Weed Abate. Res. #85-11 - .... RDO Sewer Allocations 5107 AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE NOES: ABSENT: The Hayor st,ated that it .was t.he t:ime and pla.ce scheduled for a hearing to consider an appeal and request for temporary chemical milling facility at 393 Tompkins Court. The Staff Report: was no'ceo. and further expJ_R:Lned bv Chief Building Inspector James and Assistant Fire Chief Ritter. The Mayor asked if t.here \Vas anyone in the audience wishing to speak on the matt:er. Mr. Dusan Slepcevic, owner, addressed the Council further explaining the proposed facility. Mr. Lloyd Martin, adjacent property owner, addressed the Council and noted no objection to the proposal if same did not interfere with development of his property. Hazardous Materials Specialist Kolbus further explained the effect of the proposed chemicals to be used at the proposed facility. Mr. Robert Cupps, manager of the proposed facility, addressed the Council and further explained the operations proposed for said facility. Motion was made by Councilman I1nssalJem seconded by Councilman Pate and carried that the Public Hearing be closed. Iv1otion \vas r'lade hy Counci:'.-rri"n Mussallero secon<'led by Councilman Valdez and carried that Mr. Dusan Slepcevic be granted a variance under Section 106 of 1:he Uniforr1 Buildinq Code for a t:emporary chemical milling facili ty at 39 3 ~oropkins Court expiring Decer1ber 31, 1985; same to com- ply with all safeguards and regulations recommende0 hy the Fire Department. The Mayor st~ted that it was the time and place scheduled for a Public Hearing on proposed destruction of weeds constituting a public nuisance. 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. Motion was made by Councilman Pate seconded by Councilman Mussal- lem and carried that the Public Hearing be closed. Motion was made by Councilman Kloecker seconded by Councilman Gage that the reading of Resolution No. 85-11 be waived and that it be adopted instructing the Fire Chief to abate the nuisance arising out of weeds growing upon lots or in front of property in the City. RESOLUTION NO. 85-11 RESOLUTION OF THE COUNCIL OF THE CITY OF OF THE FIRE DEPARTMENT TO ABATE NUISANCE UPON LO":'S OR IN FRONT OF PROPER",Y IN ~HE SECTION 5 OF' ORDINANCE NO. 75;1.. PASSED AND ADOPTED this 4th day of February, J_98:;, AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, Vl\LDE7. and HUGHllN COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE GILROY INSTRUCITNG THE CHIEF ARISING OUT OF WEEDS GROWING CIT'! OF GILROY AS REOTJIRF.D BY hy the following vote: MUSSALLEM, PATE, NOES: ABSENT: Discussion was had regarding the Residential Development Ordinance sewer allocations and status sheet distributed to Council. Mr. Geary Coats, representing the developers, addressed the Council and noted that their group was unable to arrive at a recommended residential development sewer allotment and noted required number of units needed from each developer in order to complete their projects. 5108 Criteria Sewer Alloca- tion Flow Chart E Clampus vitus Councilmembers Hughan and Mussallem noted that they would not enter into the discussion nor vote on the matter due to a conflict of interest in some of the projects. The following developers addressed the Council in regard to their proposed projects: Mr. Louis Tersini, Mr. John Hoff- mire, Mr. Ted Schaal, Mr. W. J. Hanna, Mr. John Filice, Mr. Wally Meads, Mr. Sig Sanchez, Mr. Tony Lerma and Mr. Ted Ringel. Discussion was had by Council on the matter. Discussion was had regarding Councilman Valdez's proposal. .... Motion was made by Councilman Kloecker seconded by Council- man Pate and carried (Councilmembers Hughan and Mussallem ab- staining) that the following residential development ordinance sewer allocations for 1985 be approved: - Nurriber of Units Mantelli I - 80-5 54 21 Rl & 33 Condo Lynch/Kerley (Mussallem) 81-2 28 Condo Harrison (Filice) 81-17 38 Rl Ronan Corners (Mussallem) 81-29 11 Rental Lerma 82-2 40 Rl Epps (Meads) 82-8 49 Rl American Development Co. 83-9 80 Rental Total 300 The Mayor declared a recess at 10:00 p.m. and reconvened the meeting at 10:04 p.m. Discussion was had on update of commercial/industrial allo- cation processes. Criteria for maintaining sewer allocations: Motion was made by Councilman Pate seconded by Councilman Gage and carried that the Contract Agreements be signed by March 1, 1985, and fees to be paid by June 30, 1985. .... Motion was made by Councilman Gaoe seconded by Councilwoman Albert and carried re: criteria for fees - payment of 50% of all City fees necessary to obtain a building permit, excluding School Impact fees. lili,,-W. Discussion was had regarding overuse penalty procedures. City Administrator Baksa explained a proposed 1-31-85 Sewer Allo- cation Flowchart excluding residential use. Heard from Mr. John Robins, Lincoln Properties; Mr. Paul Barrish, Las Animas Technology Park; Bill Connelly, Obata Indus- trial Park, in reqard to said proposed flowchart. Council tabled action on same to allow developers to discuss this proposal with their lending institutions. City Administrator Baksa gave an update on how developers are progressing with their sewer allocations assigned. A request of E Clampus Vitus, Mountain Charlie Chapter 1850 was noted for permission to erect an historic plaque on Monterey and Old Gilroy Streets. ~ Mr. Jim Arbuckel addressed the Council further explaining their proposal. - Councilman Pate noted that Gilroy Historian, Howard Smith, informed him that he is in agreement with the propsoed plaque. The Staff Report was noted and further explained by City Administrator Baksa. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried tha,t permission be granted E Clampus Vi tus, local chapter, to erect their historic plaque on Monterey and Old Gilroy Streets as presented sublect to conforming with all require- ments of the Public Works Department. ~ Jt. Powers Sewer Adv. Commi ttee .... Police Site Expan. Proj. Towing Service Animal Control - - Sales & Use Tax - .... HCD Citizens Adv. Com. So. Co. Plan. Adv. Com. Sister Citv Proposal ICC 5109 The followipg informational i teI'lS I,rere noted ''lith no separate discussion on same: Emergency Housing Consortium of Santa Clara County regarding sewage fees of Gilroy Migrant Camp; and Proclamation~ issued bv Mayor Hughan: Asian Heritaoe Week, March 16-24, 1985; Newspaper in Education Week, ~1arch 4-8, 1985; and Human Relations Month, February 1985. The Minutes of the Joint Powers Sewer Advisory Committee meeting of January 22, 1985, were noted. City Administrator Baksa removed discussion of the architect for the Police Site Expansion Project for additional information needed. city Administrator presented Administrative Rules and Regulations for Towing Services. The Mayor noted that s~e would not take part in the discussion nor vote on the matter due to a conflict of interest. Motion was made by Councilan Gage seconded by Councilman Mussallem and carried (Hayor Hughan absent) that the Administrative Rules and Regulations for Towing Services be approved as presented. City Administrator Baksa presented a request of the County of Santa Clara to initiate changes in the Municipal Code relative to Animal ControL Motion was made bv Councilwoman Albert seconded by Councilman Gage and carried that a proposed ordinance be introduced, the readino waived and that it be published by title and summary enacting Section 4.26.1 of the Gilroy City Code pertaining to animals in vehicles. City Administrator Baksa presented a recommended ordinance amendment in regard to Sales and Use Taxes further explainin~ same. Motion was made by Councilman Mussallem seconded by Councilman Gage and carried that a proposed ordinance be introduced, the readinq waived and that it be published by title and summary amending Sections 22.6(c), 22.8(a) (1) and 22.9(a) of the. ~ilroy City Code imposing sales and use taxes as recommended. Councilman Gage inquired if the County had been contacted in regard to Emergency Preparedness Report to Council. City Administrator Baksa noted that he will contact the County for a future presentation to CounciL Councilwoman Albert reported on the Long-range Garlic Festival Committee noting that they are investigating properties for a permanent Garlic Festival site. She further noted that the HCD ~1eetinq is scheduled for this week. Discussion was had in regard to the Federal Budget and proposed cuts to HUD and Revenue Sharing Funds. The Mayor noted that she recently appointed Chris Chavez to represent South County on the HCD Ditizens' Advisorv Committee. The Mayor noted South County Planning Advisory Committee appoint- ments: Councilmembers: Valdez and Pate; Edith Edde, Kenneth Noonan, Sig Sanchez, Connie Rogers and Councilman Kloecker, alternate. The Hayor presented a recommendation in regard to a recent request for St. Clar, France (Sister city). Council had no objection to the Mayor appointing a Committee as recommended. The Mayor noted the Inter-City Council Meeting of February 14, 1985, Host City - Mountain View. Councilman Kloecker requested a reservation for same. 511 0 Adjournment At.: 11: 28 p..m., the Mayor adjourpeQ the meeting to Tuesday, February 19, 1985; February 18, 1985, being a Legal Holiday. Respectfully submitted, ~~~ ~ city Clerk