Minutes 1986/06/16
Roll Call
Intro. New
Employee
Consent
Calendar
Minutes
Claim-Fore-
most Ins.Co.
Claim-R.
Lynch
Bids re:
Spec.Service
Vehicles
Bidss re:
Custodial
Services-
City Hall
"
r 757
:J ,) ,)
June 16, 1986
Gilroy, California
Mayor Hughan led the Pledge of Allegiance to the Flag.
Present: Councilmembers: Sharon A. Albert, Donald F. Gage,
Paul V. Kloecker, Larry Mussallem, Daniel D. Palmerlee, Pete
Valdez, Jr. and Roberta H. Hughan. (8:02 p.m.)
The Mayor introduced new employee, Scot Smithee, Police
Officer, who spoke a few words.
Motion was made by Councilman Gage seconded by Councilman
Kloecker that the following items under the Consent Calendar be
approved by the following Roll Call Vote: Ayes: Councilmembers:
Albert, GageJ Kloecker, Mussallem, Palmerlee, Valdez and Hughan:
Approved the Minutes of the Regular Council Meeting of June
2 J 1986;
Denied a Damage Claim of Foremost Insurance Company, et alJ
as recommended;
Denied a Damage Claim of Robert LynchJ et alJ dba Mini-
Storage of Gilroy and Bob Lynch FordJ Inc. as recommended.
City Administrator Baksa presented and explained a report
of bids on seven (7) special service vehicles recommending pur-
chase of same through the State bid process, since no bids were
received, in the amount of $82,751.55.
Motion was made by Councilman Gage seconded by Councilman
Valdez and carried that the seven special service vehicles be
purchased through the State in the amount of $82,751.55J as
recommended.
City Administrator Baksa presented a recommendation to
award the bid of Economy Building Maintenance for custodial ser-
vices for City Hall subject to a police check of the company due
to access of public re~.
'"
5354
Pub.Hear.re:
86-87 Budget
1985-86
Amendments
Rev. Sharing
1986-87
Outreach &
Escort
85-86 Amend-
ments
Res. 86-36 re:
86-87 Budget
Pub.Hear.re:
Ag. Rates &
Fees
Motion was made by Councilwoman Albert seconded by
Councilman Valdez and carried that the bid for custodial services
for the City Hall be awarded to Economy Building Maintenance as
recommendedJ subject to a police check.
Mr. Art Campo, owner of Economy Building Maintenance,
addressed the Council noting that he is bonded and a retired
police officer.
The Mayor stated that it was the time and place scheduled
for the Public Hearing on the 1986-1987 Budget and General
Revenue Sharing. She opened the Revenue Sharing portion of the
hearing. No one present spoke in regard to same. City Adminis-
trator Baksa noted that Revenue Sharing funds are to be used for
the purchase of equipment and to fund the City's General Depreci-
ation Fund.
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......
A request of Outreach & EscortJ Inc. was noted for assist-
tance for paratransit services including information from Para-
transit Coordinating Council.
Councilman Kloecker explained that this organization serves
South Santa Clara County. He noted that the Transportation Com-
mission recommended to the Transit Board of Supervisors that the
funds needed come from the Transit Reserves; Board of Supervisors
were to check the legality of using said funds from said reserves
and requested the agency inquire if there are funds in the cities
which resulted in the present letter from Outreach & Escort, Inc.
Councilman Kloecker recommended that the request be denied
for city funding.
City Administrator Baksa presented a recommendation for an
amendment to the 1985-86 Budget in the amount of $6,610J339.00,
noting funds available from existing revenues.
Mayor Hughan asked if there was anyone present in the
audience wishing to speak on the Public Heairng regarding the
1986-87 Budget. There was no comment from anyone in the
audience. The Mayor closed the Public Hearing.
-
Motion was made by Councilman Gge seconded by Councilman
Mussallem and carried that the Revenue Sharing of the 1986-87
Budget be approved as recommended.
\
Motion was made by Councilman Kloecker seconded by Council-
man Palmerlee and ca~rried that the request of Outreach & Escort,
Inc. for funding in the 1986-87 Budget be denied as recommended.
Motion was made by Councilman Gage seconded by Councilman
Mussallem and carried that the 1985-1986 Budget be amended as
recommended to increase the expenditures $6,610,339.00.
Motion was made by Councilman Gage seconded by Councilman
Mussallem that the reading of Resolution No. 86-87 be waived and
that it be adopted.
RESOLUTION NO. 86-36
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING THE
BUDGET FOR SAID CITY FOR FISCAL YEAR 1986-1987 AND APPROPRIATING
PROPOSED EXPENDITURES FOR PURPOSES SET FORTH IN THE BUDGET.
PASSED AND ADOPTED this 16th day of June, 9186, by the following
vote:
AYES:
.....,......
--
COUNCILMEMBERS:
ALBERT, GAGE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN
NONE
NONE
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
The Mayor stated that it was the time and place scheduled
for a Public Hearing to consider revising and adjusting rates ~
and fees for the Agricultural Sewer System.
City Administrator Baksa noted that all of the five
affected parties have agreed to the recommended revisions and
adjusted rates and fees for the Agricultural Sewer System.
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!
I
....
Pub.Hear.re:
Sewer & Water
Charges/Fees
-
--
School
Impact.Fees
-
Intro.Ord.re:
School Imp-
act Fees
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AB 3804
L
5355
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 Gage seconded by Councilman
Palmerlee that the reading of Resolution No. 86-37 be waived and
that it be adopted revising and adjusting rates and fees for the
Agricultural Sewer System as presented.
RESOLUTION NO. 86-37
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING
A COST SCHEDULE AMONG THE USERS OF THE AGRICULTURAL SEWER SYSTEM.
PASSED AND ADOPTED this 16th day of June, 1986J by the following
vote:
AYES:
COUNCILMEMBERS: ALBERTJ GAGE, KLOECKERJ MUSSALLEM,
PALMERLEEJ VALDEZ and HUGHAN
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
NOES:
ABSENT:
The Mayor stated that it was the tme and place scheduled
for a Public Hearing to consider revising sewer and water service
charges and fees, noting copies were presented during the Budget
Study Sessions.
City Administrator Baksa recommended that the 10% increasse
in sewer utility fees and 6% increase in water utility fees be
approved to become effective July 1, 1986.
RESOLUTION NO. 86-38
RESOLUTION OF THE CITY COUNCL OF THE CITY OF GILROY ESTABLISHING
RATES FOR WATER SERVICE AND SANITARY SEWER SERVICE.
PASSED AND ADOPTED this 16th day of June, 1986, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
The Gilroy Unified School District's letter re: ordinance
revision for impaction fees was noted and the City Attorney's
report on same was noted further explained by the City Attorney.
Discussion was had by Council on the matter.
Mr. Kenneth Noonan, Superintendent of Schools, addressed
the Council requesting that the City re-enact Ordinance No. 77-25
with changes recommended by the City Attorney to allow the School
District flexibility to use permanent as well as portable class-
rooms.
Further discussion was had regarding this proposal.
Mr. Wayne YoungJ School Board Member, addressed the Council
noting that the School Board feels that Council only has to vote
one time as to whether or not the schools are impacted and justi-
fication for this would be presented by the School District with
the same presentation to the County.
Motion was made by Councilman Palmerlee seconded by Coun-
cilman Gage and carried by the following Roll Call Vote that the
proposed ordinance be introduced to be published by title and
summary which would be an alternative procedure to the procedure
under the Government Code, identical to the City's previous
Ordinance No. 77-25 excepting the last two paragraphs, with the
next to the last to be amended as requested by the School Dis-
trict and the last paragraph would be deleted: Ayes: Council-
members: Albert, Gage, Palmerlee and Hughan. Noes: Councilmem-
bers: Kloecker, Mussallem and Valdez.
)
Assembly Bill 3804 regarding Marine Preservation Zones was
noted; same beng tabled from the June 2, 1986 regular Council
Meeting.
5356
T.Berry
Sewer Alloc.
Civic Center
Property
T.Harrison
Land Div.
Councilman Gage noted suggested amendment and letter from
Assemblyman Sam Farr (author of the Bill) to Senator McCorquodale
further explaining same and recommending that if the new wording
to Assembly Bill 3804 is not accepted as presented that the City
would not support same.
Motion was made by Councilman Palmerlee seconded by Coun-
cilman Gage and carried that a letter be written Assemblyman Farr
requesting anaddition and deletion to Assembly Bill 3804 as pre-
sented and recommended by Councilman Gage.
Noted a request of Trevis Berry for sewer allocation;
tabled from the June 2, 1986 Regular Council Meeting.
--
I
Noted the City Attorney's Report that once the sewer later-
als were in place at the City's expense, the agreement was ful-
filled since at that time, sewer capacity was not an issue.
-
Mr. Trevis Berry addressed the Council noting that existing
laterals were reconnected; howevert no new sewer lateral connec-
tions were made although the agreement allowed four lateral con-
nections and the purpose of the laterals was for new development.
He further noted that he requires 4JOOO gpd sewer allocation to
enlarge the truck stop.
Discussion was had by Council on the matter.
Motion was made by Councilman Gage seconded by Councilman
Valdez and carried to approe a 4,000 gpd sewer allocation to
Trevis Berry for enlargement of his truck stop business and per-
formance of same (noting the reason for granting same because of
Mr. Berry's perception of the agreement and because of the truck
problem and said business enlargement would benefit the City;
that this allocation is not granted because of a legal commitment
nor is setting a precedent). Councillmembers Albert and
Mussallem voted "no" on the motion.
Mayor Hughan recommended that performance for Mr. Berry
would require fees paid by September 1, 1986 and permits obtained
by February 1, 1987 and completion of the project by December 31,
1987.
--
.-
City Administrator Baksa noted that these types of sewer
allocations are the reason why the City requires a large pool of
remaining sewer capacity to be able to deal with unforeseen
requests such as this.
(Councilman Valdez left the Council Chambers at 9:56 p.m.)
City Administrator Baksa presented a report on purchase of
property in the Civic Center area, further explaining same.
(Councilman Valdez returned at 9:57 p.m. and took his seat
at the Council table.)
Motion was made by Councilman Gage seconded by Councilman
Valdez and carried that purchase of the Civic Center property at
7321 Hanna Street (Fortino) be authorized as recommended and that
the Director of Finance execute required documents for said
transaction.
The Mayor asked if there was anyone present in the audience
wishing to speak on any matter not on the agenda.
...
Mr. W. J. Hanna, Civil Engineer, addressed the Council and
presented a parcel map of property belonging to Thomas E. and Eva
E. Harrison, located on Mantelli Drive for division of Parcels 2
and 4 requesting Council waive the City Code Section 21.46
requirement that will not allow division of parcels of land that
has parcels between them on one map.
...-
Motion was made by Councilman Gage seconded by Councilman
Kloecker and carried that modification of Section 21.46 of the
City Code be approved to permit approval of the subject map of
the Harrison Property (Deerpark) on Mantelli Drive as requrested
by Mr. Hanna.
TM-Rancho
Real
-
..
Res. 1186-39
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-
-
-
5357
The Mayor asked if there was anyone further in the audience
wishing to speak. There was no comment from anyone in the
audience.
A request of Mr. W. J. Hanna Jr., requesting rejection of
Tentative Map for Rancho Real without prejudice and authoriza-
tion to resubmit the application waiving the fees was noted.
Motion was made by Councilman Palmerlee seconded by Coun-
cilman Gage and carried that the Tentative Map for Rancho Real be
rejected without prejudice and authorization be given to resub-
mit the application, waiving the fees as requested.
(Councilman Gage left eh Council Chambers at 10:10 p.m.)
Mr. W. J. Hanna addressed the Council requesting that the
City add a preliminary or provisional map requirement prior to
submittal of tentative maps for Council to act upon in concept
only.
Council requested Staff to prepare a report and recommenda-
tion in regard to implement the proposal of submitting prelimi-
nary or provisional maps
A letter from the Santa Clara Valley Water District re:
funding PL 566 Small Watershed Project on Llagas Creek was noted.
(Councilman Gge returned at 10:12 p.m. and took his seat at
the Council table.)
Motion was made by Councilman Mussallem seconded by Coun-
cilwoman Albert that the reading of Resolution No. 86-39 be
waived and that it be adopted re: PL 566 Small Watershed
Project,Llagas Creek.
RESOLUTION NO. 86-39
RESOLUTION URGING SUPPORT FOR THE CONTINUED FUNDING OF THE LLAGAS
CREEK PROJECT, AUTHORIZED UNDER P. L. 566.
PASSED AND ADOPTED this 16th day of June, 1986, by the following
vote:
AYES:
COUNCILMEMBERS:
ALBERT, GAGE, KLOECKER, MUSSALLE~,
PALMERLEE, VALDEZ and HUGHAN.
NONE
NONE
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
The following informational items were noted:
Proclamation issued by Mayor Hughan: Amateur Radio WeekJ
June 23-29, 1986;
Planning Staff Approvals, dated May 30, 1986;
League of California Cities 1986 Annual Conference, October
19-22, 1986, Los Angeles;
Homebound Seniors' Program re: Budget Allocation;
Galen Bishop re: Shooting Ranges in the Hillsides;
Falcon Cable TV re: Franchise Fees and Copyright Charges;
Report of Investments with Maturities Exceeding One Year;
Certificate of Commendation Issued Detective Charles
Ellevan; and
Catholic Social Services re: Budget Allocation.
Discussion was had re: Falcon Cable TV Franchise Fees and
Copyright Charges. City Administrator Baksa noted that same is
legal and after January 1987, the City can no longer establish
the CATV rates.
535B
JPSA Com.
5-13-86
P & Com.
5-20-86
Lib. & Cult.
Com.5-13-86
Councilman Palmerlee inquired of the Planning Staff
approvals, specifically, Gavilan Honda requirement of designJ
etc. standards for the entire 20 acres or parcel by parcel.
Staff Planner Faus noted that there is not a set policy for
the design of the project. He further noted that there is a
preliminary plan for the streets in the project that includes al
of the parcels. He noted that all of the parcels will have a
common setback and a common landscaping setback.
Council referred the matter to the Planning Commission to
discuss a way to make this project an attractive area and special
standards for same.
-
The Minutes of the Joint Powers Sewer Advisory Committee
Meeting of May 13, 1986 were noted.
..,.
The Minutes of the Parks and REcreation Commission Meeting
of May 20, 1986 were noted.
The Minutes of the Senior Citizens' Advisory Council
Meeting of April 21, 1986 and the Minutes of the Gilroy Golf
Course Advisory Board Meeting of April 16J 1986 were noted.
The Minutes of the Library and Culture Commission Meeting
of May 13J 1986 were noted.
Downtown Action The Minutes of the Downtown Action Comittee Meeting of May
Committee 28, 1986, were noted including the June 11, 1986 Agenda
6-11-86
Pers.Com.
6-9-86
Sr. Planner
Classif .
City Classi-
fications
Plan. Com.
6-5-86
Uti 1. Acct .
Write-offs
The report of the Personnel Commission Meeting of June 9,
1986 was noted.
Motion was made by Councilman Mussallem seconded by Coun-
cilman Palmer lee and carried that the title change of Associate
Planner be changed to Senior Planner as recommended.
-
Motion was made by Councilman Gage seconded by Councilwoman
Albert and carried that the revised job descriptions for all city
classificationsn be approved as submitted and recommended.
.".
The Report of the Planning Commission Meeting of June 5,
1986, was noted.
City Administrator Baksa presented a request to write-off
uncollectible sewer/water utility accounts in the amount of
$11,785.34, noting the net loss to be .52% of 1% with $10,129.82
in for collection.
Motion was made by Councilman Mussallem seconded by Coun-
cilman Kloecker and carried that authorization be given to write
off uncollectible sewer/water utility accounts in the amount of
$11,785.34 as recommended.
Discussion was had regarding the City's ability to collect
some of the outstanding accounts and turning off water if the
applicant requests service at a different location.
Council tabled direction on water service development fee
process.
City Administrator Baksa gave a status report of the Uvas
Creek Project federal funding.
......
i<;,..",.,.
Noted a scheduled Study Session on July 21, 1986 at 7:00
p.m. with bond attorneys regarding the Municipal Lighting
District Act.
Noted a tour of Uvas Creek will be scheduled for June 25 or
26 at 10:00 a.m.
City Administrator Baksa submitted a copy of the draft
recommended Policies Plan of the South County Joint Planning
Project.
5359
City Administrator Baksa noted the possiblity of a required
Special Council meeting to consider approval of Final Maps for
three or four development agreements prior to the next regular
meeting of July 7, 1986.
City Administrator Baksa noted that the Fireworks Funding
Committee needs an additional $1,700.00 for the 4th of July
Display. Discussion was had on the matter.
[
Motion was made by Councilman Kloecker seconded by Council-
man Valdez and carried that the Committee continue to seek the
required funds at whatever effort is available and the City pay
any required balance, noting that the City not be in charge of
fund soliciting in subsequent years.
Mayor Hughan noted that Assemblyman Areias is unable to
make a presentation with concerned agencies regarding the Long-
Term Waste Management Plan for the Cities of Gilroy and Morgan
Hill and requested that the Continued Public Hearing and Special
Meeting of June 24, 1986 be rescheduled for sometime in mid-July.
Discussion was had on the matter.
Motion was made by Councilman Gage seconded by Councilman
Mussallem that the June 24, 1986 Special Joint Meeting not be
postponed. Motion failed by the following Roll Call Vote: Ayes:
Councilmembers: Gage, Mussallem and Valdez. Noes: Councilmembers:
Albert, Kloecker, Palmerlee and Hughan.
Mayor Hughan appointed Councilman Palmerlee to represent
the City Council on a Task Force Committee for the selection of
an architect for the Ranch Site (Filice Property).
'""",,,"$!I
Discussion was had in regard to funding the Uvas Creek
Levee Project in the event that funds are not approved in the
Federal Budget. Council directed Staff to investigate options
for funding the project. City Administrator Baksa noted that he
would contact the City's bond attorneys for a proposed Study
Session on same for June 30, 1986.
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Discussion was had in regard to the meeting with Monterey
officials re: Long-Term Waste Management Plan. The Mayor noted
that she would contact Assemblyman Areias to determine if they
are unable to meet because of commitments he may have, or if this
delay was requested by the Monterey officials.
Mayor Hughan further noted that a Study Sessionn proposed
with the City's bond attorneys for June 30 is not a good date.
City Administrator Baksa noted that he would try to
schedule same for June 23, 1986.
Councilman Kloecker gave an update on the Disaster Control
Committee.
Councilman Kloecker gve an update on the South County Plan-
ning Committee noting that a report is forthcoming within the
next two months, and a proposed presentation by Eric Carruthers
in September.
/M'l'''
Councilman Valdez noted that Susanne Wilson's office has
requested coordinating efforts between the Cities of Gilroy and
Morgan Hill for the 4th of July regarding South County Fire
Safety to create awareness in South County.
...
Councilwoman Albert requested the City contact candidates
from the June Primary Election that have not remmoved their
political signs, noting exception to those of Sheriff Winters
since he is involved in a run-off in the November election.
Councilman Palmerlee suggested that the City Council
closing date for Council Agenda items be changed back to Tuesdays
at 5:00 p.m. to allow for earlier delivery of the packets on
Wednesdays rather than Thursdays. Council took no action on the
matter at this time.
, '7["
J ;:1 G U
Adjournment
The Joint Gilroy/Morgan Hil1. Special Meeting and Con-
tinued Public Hearing re: adoption of a Long-term Manaqement
Plan, Tuesday, June 24, 1986 - 7,: 00 p.m., was noted and the
mayor further noted' that same 'may be rescheduled.
At 11:26 p.m., the Mayor adjourned the meeting.
Respectfully sul::rnitted,