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Minutes 1984/04/16 Roll Call Consent Calendar 4999 April 16, 1984 Gilroy, California Mayor Hughan led the Pledge of Allegiance to the Flag. The Regular Meeting of the Gilroy City Council was called to order by Her Honor Mayor Roberta H. Hughan at 8:09 p.m. Present: Council Members: Donald F. Gage, Paul V. Kloecker, Larry Mussallem, John E. Pate, Pete Valdez, Jr. and Roberta H. Hughan. Absent: Council Member Sharon A. Albert. Motion was made by Councilman Mussallem seconded by Councilman Gage that the fOllowing items under the Consent Calendar be approved by the fol- lowing Roll Call Vote: Ayes: Council Members: Gage, Kloecker, Mussallem, Pate, Valdez and Hughan. Absent: Council Member: Albert. 5000 Minutes Ord. #84-5 & Res. #84-28 re:Public Safety Fees Approved the Minutes of the Regular Council t~eeting of April 2, 1984 ; Adopted Ordinance No. 84-5 amending Section 21.53 of the Gilroy City Code re: Public Safety Fees. ORDINANCE NO. 84-5 AN ORDRINANCE OF THE CITY OF GILROY ESTABLISHING A CAPITAL OUTLAY PUBLIC SAFETY FUND AND PROVIDING THAT A~L FEES RE~UIREn SHALL BE ESTABLISHED BY RESOLUTION OF THE GILROY CITY COUNCIL. PASSED AND ADOPTED this 16th day of April, 1984" by the following vote: AYES,: COUNCIL MEMBEgS,: GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: ALBERT; ..-..: 'U Adopted Resolution No. 84-28 establishing fees for Public Safety Capital Improvements, to becClme effective May 16, 1984. RESOLUTION NO. 84-28 A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING FEES FOR PUBLIC SAFETY CAPITAL IMPROVEMENTS. PASSED AND ADOPTED ,thi s 16th day of April, 1984, by the fo 11 owi ng vote: AYES: COUNCI L MEMBERS: GAGE, KLOECKER, MUSSALLEM, PATE , VALDEZ and , HUGHAN NOES.: COUNCI L MEMBERS; NONE. ABSENT: COUNCIL MEMBER: ALBERT; Ord. #84-6 re: Adopted Ordinance No. 84-6 grantinq a 15 year franchise to Falcon CATV Fran- Cable T.V. chise ,-L.A ~ Claim-F. Bloom Diesel Truck Purchase Spec;ial Olympics ORDINANCE NO. 84-6 ORDINANCE OF THE CITY OF GILROY GRANTING A FRANCHISE TO FALCON CABLE TV OF 'NORTHERN CALIFORNIA TO CONSTRUCT, OPERATE AND MAINTAIN A COMt~UNITY ANTENNA TELEVISION SYSTEM WITHIN THE CITY OF GILROY. \...., PASSED AND ADOPTED this, 16th day of April, 1984,' by the following vote: AYES: COUNCIL MEMBERS: GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and '...,. HUGHAN NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL Mn~BER: ALBERT; and Denied a Personal InjurY Claim of Frances Bloom. City Administrator Baksa presented a proposal recommending pur- chase of a 3/4 ton diesel pickup truck in the amount of $10,418.75 through the State Cooperative Purchasing. Motion was made by .Councilman Mussallem seconded by Councilman Gage and carried that the City be authorized to purchase a 3/4 ton diesel pickup truck in the amount of $10,418.75 through the State Cooperative Purchasing as recommended. Under the leadership of Gayle Glines, Council received a presenta- tion by the Special Olympics Group inviting Council to their track and field event May 5, 1984, and urging 100% attendance by Council. The Mayor thanked the group for the hats and pins presented to each Council member, City Administrator and City Attorney. The Mayor asked if there was anyone present in the audience wish- 0 ing to speak on any matter not on the agenda. There was no comment from anyone in the audience. Res. #84-29 re:. City Administrator Baksa presented a resolution in regard to Pub- Ind. Dev. lic Project Industrial Development Bonds recommending approval. Bonds Motion was made by Councilman Gage seconded by Councilman Valdez that the reading of Resolution No. 84-29 be waived and that it be adopted supporting the concept presented and recommended regarding Public Project Industrial Development Bonds. Res. #84-29 Ind. Dev. Bonds r-I i . ~ SCVWD Re: State Sub- vention Funds Fireworks ".., Plan. Com. 4/5/84 '~ Garden Valley Foods Caltrans Study re: Rte. 152 Pers. Com. 4-9-84 ......1 ! , I -- Res. #84-30 5001 RESOLUTION NO. 84-29 A RESOLUTION APPROVING THE CONCEPT OF PUBLIC PROJECT INDUSTRIAL DEVELOPMENT BONDS AND REQUESTING SUPPORT. PASSED AND ADOPTED this 16th day of April, 1984, by the following vote: 'AYES: COUNCIL MEMBERS: GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN NOES: COUNCIL MEt~BERS: tlONE ABSENT: COUNCIL MEMBER: ALBERT City Administrator Saksa oresented a request of the Santa Clara Valley Water Oistrict to solicit legislator's support for increased level of funding the State's Subvention Program for Federal Floorl Control Projects. Moti on was made by Coul1cilr1an Gage seconded by Council man Mussa 11 em and carried that the City support and solicit legislator's support for increased level of funding the State's subvention orogram for Federal Flood Control Projects as requested. The fOllowing in~ormational items were noted with discussion on Item No.1: Planning Staff Actions It/ere noted and further exolained by Planninq Director Dorn. He noted that the reason for denial of the Conditional Use Permit at 765 Lisa Court was creating sawdust in a garage which is considered to be an explosive and not allowed in a residential district; Solar Access, The Key to Natural Heatinq and Cooling. The Mayor presented a letter from Senator Roberti requestinq the City take a position on the sale and use of fireworks. Motion was made by Council- man Valdez seconded by Councilman Gage and carried that the City support Senator Roberti's recommendation that the sale and use of fireworks be con- trolled locally rather than at the State level. The Report of the Planning Commission Meeting of April 5, 1984, was noted. . Discussion was had in regard to the Public Hearing held on a variance request of Garden Valley Foods, further explained by Plannina Director Dorn. Council did not wish to appeal the decision of the Planning Commission on thi smatter. Discussion was had on the Caltrans Special Study regarding Route 152 further explained by Planning Director Dorn. Motion was made by Councilman Pate seconded by Councilman Kloecker and carried that the alignments A-I and A-2 be approved requesting that Cal- trans obtain the rights of way for both routes and that alignment A-1 be constructed as the first phase of the project and the balance of alignment A-2 be designed as a future phase of this project as recommended by Staff. The Report of the Personnel Commission Meeting of April 9, 1984 was noted. The recommendation to revise the Personnel Rules and Requlations was further explained by Personnel Director Booth. Discussion was had by Council on the matter. Councilman Gage recom- mended that "personal leave" be standardized throuqhout the departments. It was noted that the recommended revisions had been before all the associa- tions and additional proposed revisions should be presented during negotia- tions under the Meet and Confer process. Motion was made by Councilman Gage seconded by Councilman Pate that the reading of Resolution No. 84-30 be waived and that it be adopted approving the revisions to the Personnel Rules and Requlations as presented. RESOLUTION NO. 84-30 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING REVISED PERSONNEL RULES AND REGULATIONS. PASSED AND ADOPTED this 16th day of April, 1984, by the following vote: AYES: COUNCIL MEMBERS: GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: ALBERT 5002 Lib. & Cult. Com. 3/13&27 184 Res. #84-31 Multi-Fam. Tax Exempt. Fi nanci ngs Res. #84-32 Leavesley/ Murray Sig- nalization City Auction Cap. Imp. Program Quarterly Reports STP Opera- tions The Minutes of the Library and Culture Commission Meetings of March 13 and 27, 1984, were noted. re: City Administrator Baksa presented a recommendation regarding new 1 oca 1 requi rements for mul ti -fami ly taK-exempt fi nanci ngs further ex- plained by Planning Director Dorn. Motion was made by Councilman Pate seconded by Councilman Gage that the reading of Resolution No. 84-31 be waived and that it be adopted certifying compl iance with the requirements of Heal th and Safety Code Secti on 52080 as amenrled regardi ng process i ng of multi -family '1..... rental housing development. .. ....J RESOLUTION NO. 84-31 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CERTIFYING COMPLIANCE WITH THE REQUIREMENTS OF HEALTH AND SAFETY CODE SECTION 52080 AS AMENDED BY ASSEMBLY BILL 55. PASSED AND ADOPTED this 16th day of April, 1984, by the following vote: AYES: COUNCIL MEMBERS: GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: ALBERT re: City Administrator Baksa presented an agreement with Caltrans for signalization at Murray and Leavesley Road for execution. Motion was made by Councilman Valdez seconded by Councilman Mus- sallem that the reading of Resolution No. 84-32 be waived and that it be adopted.' RESOLUTION NO. 84-32 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN AGREE- MENT NO. 4-0929-C FOR THE INSTALLATION OF A TRAFFIC CONTROL SIGNAL SYSTEM J AND SAFETY LIGHTING AT THE INTERSECTION OF LEAVESLEY ROAD (ROUTE 152) AND · " MURRAY AVENUE AND AUTHORIZING ITS EXECUTION. PASSED AND ADOPTED this 16th day of April, 1984, by the following vote: AYES: COUNCIL MEMBERS: GAGE, KLOECKER, MUSSALLEt1, PATE, VALDEZ and HUGHAN NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: ALBERT City Administrator Baksa reported a successful City Auction held April 14, 1984. City Administrator Baksa noted that a Council Study Session has been scheduled for April 30, 1984, at 7:30 p.m., in regard to the Capital Improvement Program and that a Closed Session regarding Meet & Confer process is scheduled for 7:00 p.m. on that date. City Administrator Saksa presented Council with copies of the first Quarterly Report for 1984. Counci lman Gage gave a Progress Report for the Sewer Treatment Plant Operations noting that a monthly summary of the plant status is forthcoming and will be explained by the consultant at a forthcoming presentation. :] City Administrator Baksa noted that proposals for a comprehensive Operations Contract had been received and would be evaluated and presented to the Joint Powers Committee and Council within the next two weeks. Councilman Gage noted that the next meeting of the Joint Powers Sewer Committee is scheduled for April 24, 1984. He further noted that the Disaster Preparedness Council met last week and are in the process of preparing a communication package for local emergency to replace the existing regulations. He further noted that the Police and Fire Depart- ments were sent copies of the proposal. He further noted that the Com- mittee toured the City of Santa Clara's elaborate Disaster Recovery facili- ties. 1984-85 Budget Mileage All owance Adjourn to Closed Session Adjournment .. 5003 .: Councilman Kloecker noted the next Citizens I Sewer Committee meeting is scheduled for April 17, 1984, at 7:30 p.m., and they will be reviewing a new chapter of the long-term plan for presentation to Council when com- pleted. Councilman Kloecker further renorted on the status of the County Transportation Commission regarding San Jose's membership and that City's introduction of legislation requiring 4 additional members on the Commission from the City of San Jose; noting passage of said bill by the Senate and not voted on at this date at the Assembly level. He further noted concern by the Commission that the matter was before the Senate prior to presenta- tion to the Commission. The Mayor suggested a letter to Assemblyman Areias notinq the City's concern in this matter. Councilman Kloecker noted that the Transportation Commission is also concerned of their IIrolell and agreed to make an additional study of the role of the Commission in concert with the Transportation Board that is comprised of the same members of the Board of Supervisors. He further explained the function of the Commission which is advisory to the Transpor- tation Board. Councilman Mussallem noted concern about Santa Teresa Boulevard and the County's responsibility to same in regard to future improvements. Councilman Kloecker noted that he is also a member of the Subordi- nate Committee on the Transnortation Commission for planning and pro- gramming and would advise Council of any matter or priorities concerning Gilroy. City Administrator Baksa noted that the 1984-85 preliminary budget is proposed to be presented to Council at their May 7, 1984, meeting. City Administrator Baksa reported on the progress of the recruitment of the Director of Public Works position. Councilman Gage requested Staff to review the City's mileage allow- ance of 30~/mile and compare same with local businesses, County, etc. for an evaluation of same. At 9:26 p.m., the Mayor adjourned the meeting to a Closed Session re: litigation matters. At 10:08 p.m., the Mayor reconvened the meeting. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that the City Attorney proceed and work with the County of Santa Clara and t10rgan Hill regarding the Gavilan Water Conservation District issue. At 10:08 p.m., the Mayor adjourned the meeting. Respectfully submitted, ~~~h1~