Minutes 1987/10/19
1
Posting
Agenda
Roll Call
Intro.Emp.
5561
Regular Meeting of
October 19, 1987
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
The City Clerk reported that the Agenda had been posted on
October 14, 1987 at 11:50 p.m.
Present: Councilmembers: Sharon A. Albert, Larry Mussallem,
Paul V. Kloecker, Daniel D. Palmerlee, Pete Valdez, Jr. and
Roberta Hughan; Absent: Councilmember: Donald F. Gage.
The Mayor introduced the following New Employees: Linda D.
Mathieson; P. S. Dispatcher Clerk I; David Larton, and Robyn E.
Melo, P. S. Dispatcher I; Mary Oreglia and James Stephens, P. S.
5562
Emp.Award
Consent
Calendar
Minutes
March of
Dimes
Claim-F.
Riva
Girl
Scouts
Improve-
ments
Dev.Agree.
Bid-Well
Site Proj.
87-6
Bid-Police
Furniture
Bid-STP
Repairs
Pub. Hear.
Solid Waste
Mgmt. Plan
Amendment
Res.87-69
Dispatcher Clerk II; Maria Carmen Carpenter, Dispatcher/Clerk; and
noted promotion of Manuel Teixeira to P. S. Dispatcher Clerk I.
The Mayor presented the Employee of the Month Award for
September 1987 to Vern Gardner, Police Commander.
Motion was made by Councilman Kloecker seconded by Council-
man Mussallem that the following items under the Consent Calendar
be approved by the following Roll Call Vote: Ayes: Councilmembers:
Albert, Mussallem, Kloecker, Palmerlee, Valdez and Hughan; Absent:
Councilmember: Gage:
Approved the Minutes of the Regular Council Meeting of
September 21, 1987;
-
.......
Approved request of March of Dimes Annual Fund Campaign for
1987-1988 for waiver of the municipal business license fee;
Denied Damage Claim of Frank Riva as recommended;
Approved request of Girl Scouts of Santa Clara County for
Annual Cookie Sale January 22, 1988 through April 15, 1988 for
waiver of municipal business license fee;
Accepted Improvements for (1) Lyon's Restaurant, Malta
Enterprises; (2) Wren Commons, Glen-Loma; and (3) Scientific
Games, Kishimura;
Approved a Development Agreement with Rudy & Richard
Heredia, Heredia Center.
City Administrator Baksa presented a recommendation to award
the bid of W.S.P. Trucking Co. Inc. for the Well Site Backfill
Project 1987-6.
Motion was made by Councilman Mussallem seconded by Council-
man Valdez and carried that the bid of W.S.P. Trucking Co. Inc. be
awarded in the amount of $13,472.00 for the Well Site Backfill,
Project 1987-6 as recommended.
-
.......
City Administrator Baksa presented a recommendation to award
the bid of Mauro Stationers on furniture for the Police
Department.
Motion was made by Councilman Palmerlee seconded by
Councilman Kloecker and carried that the bid of Mauro Stationers
be awarded in the amount of $8,437.06 on furniture for the Police
Department as recommended.
City Administrator Baksa presented a recommendation to award
the bid of Riggiardo Construction for repairs of distribution
structures and drainage culvert at the Sewer Treatment Plant.
Motion was made by Councilman Palmerlee seconded by
Councilman Kloecker and carried that the bid of Riggiardo
Construction in the amount of $12,540.00 be awarded for repairs of
distribution structures and drainage culvert at the Sewer
Treatment Plant as recommended.
The Mayor stated that it was the time and place scheduled to
consider an Amendment to the County Solid Waste Management Plan.
-
The Staff Report was noted and further explained by City
Administrator Baksa.
-
The Mayor asked if there was anyone in the audience wishing
to speak for or against the matter. There was no comment from
anyone in the audience. The Mayor closed the Public Hearing.
Motion was made by Councilman Mussallem seconded by Council-
woman Albert that the reading of Resolution No. 87-69 be waived
and that it be adopted approving the policy on importation of
solid waste from outside Santa Clara County to be added to the
Solid Waste Management Plan for Santa Clara County.
"...
l.
Rent
Control Ord.
Ord.87-16
""...
....
USA
Requests
Res.87-70
City Admin./
Atty.
Salaries
""...
...
Fire Unit
MOU
5563
RESOLUTION NO. 87 - 69
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING THE
POLICY ON IMPORTATION OF SOLID WASTE FROM OUTSIDE SANTA CLARA
COUNTY TO BE ADDED TO THE SOLID WASTE MANAGEMENT PLAN FOR SANTA
CLARA COUNTY.
PASSED AND ADOPTED this 19th day of October, 1987, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
ALBERT, KLOECKER, MUSSALLEM,
VALDEZ and HUGHAN.
None
GAGE.
PALMERLEE,
City Administrator Baksa presented and explained the pro-
posal to reenact the Mobile Home Park (Rent Control Ordinance) to
include an addition of Section 14A.10 and amend Section 14A.8(A)
part (6).
Motion was made by Councilman Palmerlee seconded by Council-
woman Albert and carried that the reading of the proposed ordi-
nance be waived, that it be introduced and published by title and
summary. Councilman Kloecker voted "no" on the motion.
City Administrator Baksa recommended that the ordinance also
be adopted as an emergency ordinance to become effective
immediately.
The City Clerk read the emergency measure portion of the
ordinance.
Motion was made by Councilwoman Albert seconded by
Councilman Mussallem that Emergency Ordinance No. 87-16 be
adopted.
ORDINANCE NO. 87 - 16
AN ORDINANCE OF THE CITY OF GILROY ENACTING CHAPTER 14A OF THE
GILROY CITY CODE PERTAINING TO MOBILE HOME RENT STABILIZATION.
PASSED AND ADOPTED as an emergency measure to take effect
immediately by the following Roll Call vote:
AYES: COUNCILMEMBERS: ALBERT, KLOECKER, MUSSALLEM, PALMERLEE,
VALDEZ and HUGHAN.
COUNCILMEMBERS: None
COUNCILMEMBER: GAGE.
NOES:
ABSENT:
Motion was made by Councilman Valdez seconded by Councilman
Mussallem that Council decision regarding the 1987 Urban Service
Area requests be continued to the November 2, 1987 Council Meeting
when seven (7) council members are anticipated to be present.
(Public Hearing held 9-21-87; Council decision tabled to 10-19-87
regular meeting.)
Motion was made by Councilman Valdez seconded by Councilman
Kloecker that the reading of Resolution No. 87-70 regarding City
Administrator and City Attorney salaries be waived and that it be
adopted.
RESOLUTION NO. 87-70
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING
THE 1987-1988 SALARIES FOR CITY ADMINISTRATOR AND CITY
ATTORNEY.
PASSED AND ADOPTED this 19th day of October, 1987, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
ALBERT, KLOECKER, MUSSALLEM,
VALDEZ and HUGHAN.
None
GAGE.
PALMERLEE,
The Fire Unit's Memorandum of Understanding for 1987-1989
were presented for approval. Motion was made by Councilman Valdez
seconded by Councilman Mussallem and carried that the 1987-1989
M.O.U.'s for the Fire Unit be approved as recommended and
presented.
5564
Res.87-71
'.(';. ":; (~
Gav.Water
District
STP Flow
Data
Garlic
Festival
City Administrator Baksa presented and explained a request
of Santa Clara County to include the City of Gilroy within the
County's Vector Control District.
Motion was made by Councilman Mussallem seconded by
Councilman Palmer lee that the reading of Resolution No. 87-71 be
waived and that it be adopted as recommended.
RESOLUTION NO. 87 - 71
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DECLARING THAT
BOUNDARIES ENCOMPASSING THE CITY OF GILROY SHALL BE INCLUDED
WITHIN THE SANTA CLARA COUNTY VECTOR CONTROL DISTRICT.
PASSED AND ADOPTED this 19th day of October, 1987, by the
following vote:
AYES: COUNCILMEMBERS:
THE
~
!
!
....,J
NOES:
ABSENT:
ALBERT, KLOECK~R, MUSSALLEM,
VALDEZ and HUGHAN.
None
GAGE.
PALMERLEE,
COUNCILMEMBERS:
COUNCILMEMBER:
The Mayor explained the City's position to dissolve the
Gavilan Water District by merging with the Santa Clara Valley
Water District and request of Citizens for Good Water Management
for the City to reaffirm their position.
Motion was made by Councilman Mussallem seconded by Council-
man Valdez and carried that the City's position be reaffirmed to
dissolve the Gavilan Water District recommending a "yes" vote on
Measure G on the November ballot.
City Administrator Baksa presented the 1987 Gilroy/Morgan
Hill Sewer Treatment Plant Flow Data and recommendation to
reaffirm the sewer allocation moratorium.
The Mayor asked if there was any comment from anyone in the
audience.
Mr. Ed Mattos, 8300 Rancho Real and Red Carpet Owner,
addressed the Council requesting sewer allocation for a commercial
proposal to locate in the Leavesley Road Inn area.
.....
......
Mr. Al Greco, partner-owner of the Leavesley Inn, addressed
the Council noting that the commercial proposal is for a Marie
Callender Restaurant, requesting 6,000-8,000 gallon sewer
allocation for same.
Motion was made by Councilman Palmerlee seconded by
Councilwoman Albert and carried that the sewer allocation
moratorium be reaffirmed on any new sewer allocation with the
exception of the 6,000 gallon fill-in for residential lots, with
the understanding that at any time there is a significant
gallonage returned back to the City that same would be reviewed by
Council at that time.
(The Mayor deviated from the regular agenda in order to
accommodate interested persons in the audience.)
The Mayor noted a letter from Greg and Kathe Caudle,
Saratoga Place, regarding the Garlic Festival Traffic and noted
the Staff Report from the Police Chief.
Mr. Gary Caparelli, 7196 Saratoga Place, representing (RATS) ___
Residents Against Traffic and spokesman for the group, addressed
the Council presenting an additional petition requesting that the ~
residential streets in the vicinity of the various festivals be
blocked off during these events. He also noted incidents needing
attention and offered suggested solutions ,to same.
City Administrator Baksa recommended that Mr. Caparelli
attend the Garlic Festival Subcommittee Meetings that will be
publicly announced to directly input at these meetings in regard
to his suggestions for traffic control and other issues presented.
(The Mayor returned to the regular order of the agenda.)
Res.87-72 re:
Ind. Disa-
bility Re-
tirement
,.....
....
Block
Grant Prog.
~
....
~
JPA Meetings
....
P.& R.Com.
9-15-87
5565
Motion was made by Councilman Mussallem seconded by
Councilman Kloecker that the reading of Resolution No. 87-72 be
waived and that it be adopted Authorizing the Personnel Director
to initiate industrial disability retirement for City Employees.
RESOLUTION NO. 87 - 72
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AUTHORIZING
OFFICERS WHO MAY INITIATE INDUSTRIAL DISABILITY RETIREMENT
CITY EMPLOYEES.
PASSED AND ADOPTED this 19th day of October, 1987, by the
following vote:
AYES: COUNCILMEMBERS:
FOR
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
ALBERT, KLOECKER, MUSSALLEM,
VALDEZ and HUGHAN.
None
GAGE.
PALMERLEE,
Tabled action on renewal of the Joint Powers Agreement,
Block Grant Program for FY 1988, 1989, 1990 as recommended.
Tabled request of Geary T. Coats re: County Referral of
Marquez to await his arrival.
Took no action on the request of the Board of Supervisors of
Santa Clara County invitation to enter the County Transit Handcar
Derby, October 31 and November 1, 1987.
Tabled action on the request of Richard Centeno, 9195 Wren
Avenue to install a septic tank to the City Administrator's
reports when the matter of septic tanks will be discussed.
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.
Noted the following informational items:
Commissioners and Advisory Board Members' terms expiring
January 1, 1988 for appointment December 21, 1987. Set November
11, 1987 as the deadline to receive applications for interested
persons desiring to be appointed to any vacancy;
Planning Staff Approvals dated September 24, 1987;
Proclamations Issued by Mayor Hughan: Rideshare Week,
October 5-9, 1987; MADD/Volkswagen Drive for Life Day - October
24, 1987; Firefighter Appreciation Day - October 8, 1987; CET
Gilroy Division Sixteenth Anniversary Celebration - October 9,
1987;
Police Department Employee of the Month of August 1987 -
Traffic Officer Frank Bozzo;
Police Department Certificate of Commendation to Deputy
District Attorney Elvira Robinson;
State Department of Transportation re: proposed equipment
maintenance facility for the Peninsula Commute Service Passenger
Rail Operation; and
Suellen Rowlison re: Chamber of Commerce Woman of the Year.
Noted the Minutes of the Joint Powers Sewer Advisory Com-
Committee Meetings of August 11, 1987 and September 8, 1987.
Noted the Minutes of the Parks and Recreation Commission
Meeting of September 15, 1987.
Noted the Minutes of the Senior Advisory Board Meeting of
August 17, 1987.
Noted the Minutes of the Gilroy Golf Course Advisory Board
Meeting of August 11, 1987.
5566
Lib. & Cult.
9-8-87
Pers.Com.
10-12-87
Fire Cpt.
Fac .Maint.
Superv.
Res.87-73
Pers. Rules &
Regulations
School
Crossings
Res.87-74
Res.87-75
Noted the Minutes of the Library and Culture Commission
Meeting of September 8, 1987.
Noted the Report of the Personnel Commission Meeting of
October 12, 1987.
Motion was made by Councilman Kloecker seconded by Council-
man Valdez and carried that the new job description for Fire
Captain be approved as recommended.
Motion was made by Councilman Kloecker seconded by Council-
Councilman Valdez and carried that the reclassification of
Facilities Maintenance Supervisor to Range 33.5 be approved as
recommended.
~
......
Motion was made by Councilman Kloecker seconded by Council-
Councilman Valdez that the reading of Resolution No. 87-73 be
waived and that it be adopted as recommended adopting the Revised
Personnel Rules and Regulations.
RESOLUTION NO. 87 - 73
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING REVISED
PERSONNEL RULES AND REGULATIONS.
PASSED AND ADOPTED this 19th day of October, 1987, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
ALBERT, KLOECKER, MUSSALLEM,
VALDEZ and HUGHAN.
None
GAGE.
PALMERLEE,
COUNCILMEMBERS:
COUNCILMEMBER:
City Administrator presented a report on School Crosswalks
on First Street further explained by City Engineer Allen.
Motion was made by Councilwoman Albert seconded by Council-
man Kloecker and carried that removal of crosswalks on First
Street be authorized except at the intersections of First, Church
and Monterey Streets as recommended.
IIIIll!
;1
-...III
Motion was made by Councilman Mussallem seconded by
Councilman Kloecker that the reading of Resolution No. 87-74 be
waived and that it be adopted, adopting the New Pretreatment
Revenue Schedule as recommended.
RESOLUTION NO. 87 - 74
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING
PRETREATMENT FEES FOR INDUSTRI1\L SEWER SERVICE.
PASSED AND ADOPTED this 19th day of October, 1987, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
ALBERT, KLOECKER, MUSSALLEM,
VALDEZ and HUGHAN.
None
GAGE.
PALMERLEE,
COUNCILMEMBERS:
COUNCILMEMBER:
(At 9:48 p.m. the Mayor declared a recess and reconvened the
meeting at 9:54 p.m.)
City Administrator Baksa presented a recommendation regard-
ing time limit parking on Martin Street further explaining same.
~
Motion was made by Councilman Kloecker seconded by Council-
man Palmerlee that the reading of Resolution No. 87-75 be waived ~
and that it be adopted.
RESOLUTION NO. 87 - 75
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DESIGNATING
PARKING TIME LIMITS ON THE NORTH SIDE OF MARTIN STREET.
PASSED AND ADOPTED this 19th day of October, 1987, by the
following vote:
AYES: COUNCILMEMBERS: ALBERT, KLOECKER, MUSSALLEM, PALMERLEE,
VALDEZ and HUGHAN
COUONCILMEMBERS: None
COUNCILMEMBER: GAGE.
NOES:
ALBERT:
Qtr.Reports
Downtown
Redevelop-
ment
,....
I
Thomas Rd.
Bridge
....
Fees for
annexed
properties
~
I
.....
Study
Session
Marquez
Referral
"...
....
5567
City Administrator Baksa distributed the Third Quarter
Reports.
City Administrator Baksa noted and explained an update of
development information for the Downtown area, recommending same
be tabled to await the outcome of the Sales Tax proposed cut.
Councilwoman Albert recommended that Council meet with Staff
and/or Consultants to further study same. Council agreed to
conduct a Study Session prior to the next regular Meeting of
November 2, 1987 to meet with Staff regarding redevelopment of the
Downtown area.
Noted the proposal to eliminate the sidewalk construction
within the Thomas Road Bridge Construction Project further
explained by City Engineer Allen.
Motion was made by Councilman Mussallem seconded by Council-
man Palmer lee and carried that the proposed sidewalk construction
within the Thomas Road Bridge construction project be eliminated
from the project as recommended.
City Administrator Baksa presented a recommendation on fee
payments for annexed properties further explaining same.
Mr. Robert Kishimura, 770 Dawn Way, addressed the Council
noting that he desires to have City sewer and water services,
however the proposed fees would be excessive for the development
of one house.
Discussion was had by Council on the matter.
Motion was made by Councilman Kloecker seconded by Council-
man Valdez to approve the following policy for annexed properties:
1) An existing home with or without improvements must pay all fees
necessary at the time they connect to the utilities; 2) A non-
existing home on a lot and request to build would be treated the
same as new development; improve everything to the lot lines; 3)
If an existing structure and utilities are desired, they must pay
the fees and bring the utilities to it; but on the streets they
would be required to pay a circulation fee and the City will take
care of those improvements at a later time; 4) Reaffirmed
previous policy that no new septic tanks would be allowed in the
City.
It was noted that all fees would be reviewed in January,
1988.
City Administrator Baksa noted that the Study Session re:
Redevelopment of the Downtown area would have to begin at 6:30
p.m. to not conflict with a previously scheduled Closed Session at
7:00 p.m. that should require approximately one-half hour and then
the Study Session could continue until the 8:00 p.m. regular
meeting.
The Mayor reverted back to the Marquez County Referral since
the representative from Mr. Coats' Office was present in the
audience.
The Staff Report for the Marquez County Referral was noted
and further explained by Planning Director Dorn.
Ms. Michelle Deason, representing Geary Coats for the
Marquez property, addressed the Council noting that the property
has water for domestic use, but would need City water for fire
protection only and that upon the ultimate development of the
property would be willing to comply with the City requirements,
further noting that the Board of Supervisors require notification
from the City that the matter is proceeding and that they need
this notification by their first meeting in November.
Motion was made by Councilman Mussallem seconded by Council-
man Palmer lee and carried that Staff be authorized to negotiate
with Mr. Marquez for a pre~annexation agreement and that a letter
be forwarded the Board of Supervisors notifying them that the City
is attempting to negotiate with Mr. Marquez for the development of
his property as presented.
5568
Co.Library
Commission
Cub Scout
Pack 711
Red Ribbon
Rally
Sales Tax
Jt.Chamber
Mtg.
Adjrnmt.
'"
A letter from the Board of Supervisors soliciting nomina-
tions to the Santa Clara County Library Commission was noted. It
was further noted that nominations are to be made by the
legislative bodies of the cities.
A letter from the Cub Scout Pack 711 of Gilroy was noted
requesting waiver of the municipal business license fee for their
Curb Painting Project fund raiser.
Motion was made by Councilman Mussallem seconded by Council-
man Kloecker and carried that action be taken on the request of
the local Cub Scout Pack not listed on the agenda due to time
constraints.
Motion was made by Councilman Mussallem seconded by Council-
man Kloecker and carried that the request of the Cub Scout Pack
711 of Gilroy for waiver of the business license fee be approved
for their Curb Painting Project fund raiser.
The Mayor noted a Rally scheduled for Red Ribbon Week in
front of the City Hall on Rosanna Street side on October 26, 1987
after school is out.
City Administrator Baksa noted that City Officials met i9 .
Sacramento with State Legislators Areias and Mello regarding the
State Board of Equalization Sales Tax funds. He further explained
the legal proceedings regarding same.
Councilman Palmerlee requested that the downtown electro-
liers be checked in preparation of the holiday season. City
Engineer Allen noted that this project began last week.
Councilman Mussallem inquired of the corrosive element in
the City's water and requested additional information on the
building code standards regarding same.
The Mayor noted the Joint Luncheon Meeting with the Gilroy
City Council and Chamber of Commerce Executive Board, October 26,
1987 at the Old City Hall Restaurant - Noon.
At 11:45 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
~~
/s/ SUSANNE E.
Clerk