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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