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Minutes 1987/04/20 D ( D Posting Agenda Roll Call Spec. "0" Employee Award Consent Calendar Minutes Ord.87-7 Bids re: Wastewater Fac. Repair Bids re: Com. Syst. Fire Dept. 5501 Regular Meeting April 20, 1987 Gilroy, California Mayor Hughan led the Pledge of Allegiance to the Flag. The City Clerk reported that the Agenda had been posted on April 16, 1987 at 9:25 a.m. Present: Councilmembers: Sharon A. Albert, Donald F. Gage, Paul V. Kloecker, Larry Mussallem, Daniel D. Palmerlee, Pete Valdez, Jr. and Roberta H. Hughan. (8:03 p.m.). Parks & Recreation Director Ayer invited Council to the Special Olympics Track Meet, May 2, 1987 - 9:00 a.m. at the High School and Special Olympics participants presented Councilmembers with Special Olympics hats. The Mayor presented Larry James, Chief Building Inspector, the Employee of the Month of March 1987 Award. Motion was made by Councilman Gage seconded by Councilman Kloecker that the following items under the Consent Calendar be approved to include an addition to the April 6, 1987 Minutes requesting intent of Council be included under the Appeal Hearing for CUP 87-23, that prior to issuance of building permits for the signs, the owners of parcels 835-04-003 and 835-04-004 shall submit a letter of agreement for shared utilization of the freeway sign. No additional freeway sign shall be granted for these two parcels, by the following Roll Call Vote: Ayes: Councilmembers: Albert, Gage, Kloecker, Mussallem, Palmerlee, Valdez and Hughan: Approved the Minutes of the Regular Council Meeting of April 6, 1987 with additions noted; and Adopted Ordinance No. 87 - 7 Amending Section 19.110 of the City Code Pertaining to Sewage Treatment. ORDINANCE NO. 87 - 7 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION GILROY CITY CODE PERTAINING TO SEWAGE TREATMENT. PASSED AND ADOPTED this 20th day of April, 1987, by vote: AYES: 19.11 0 OF THE the following COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN. None None NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Noted Report of Bids received for the Food Processor Wastewater Facility Repair at Llagas Creek Pipeline Crossing further explained by City Administrator Baksa. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that the bid of J. & J. Plumbing in the amount of $5,859. be awarded as recommended for the Food Processor Wastewater Facility Repair at Llagas Creek Pipeline Crossing. Noted Report of bids received for the Communication System at the Fire Department further explained by City Administrator Baksa. Motion was made by Councilman Gage seconded by Councilwoman Albert and carried that the bid of Bay Area Service Center in the amount of $22,875.18 be awarded for the Communications System at the Fire Department as recommended. 5502 Bids re: 10th St. Bids re: Aerial Truck Weed Abatement Res.87-23 Ivy Abatement E.9th St. et al Refunding Res.87-24/ 87-29 Noted Report of Bids received for the Tenth Street Overlay and Repair Project further explained by City Administrator Baksa. Motion was made by Councilman Gage seconded by Councilman Palmerlee and carried that the bid of Grade-Way Construction in the amount of $278,604.10 be awarded for the Tenth Street Overlay and Repair Project as recommended. Noted Report of Bids received for an Aerial Lift/Forestry Truck further explained by City Administrator Baksa recommending award of the second low bid of Pac Power in the amount of $67,945.00.-, J.', ' , Heard from Mission Valley Ford Reprsentative, and low bidder, requesting permission to explain their bid. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried to table action on award of the bid to the May 4, 1987 Regular Council Meeting, to allow the Task Force to meet with the low bidder for clarification of the bid and report back to Council on findings and recommendation to include which bidders bid on an International vehicle. The Mayor stated that it was the time and place scheduled for a Public Hearing on Report and Assessment for Weeds and Refuse Abatement. City Administrator Baksa presented and explained the Staff Report. The Mayor 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 closed the Public Hearing. Motion was made by Councilwoman Albert seconded by Councilman Kloecker that the reading of Resolution No. 87-23 be wavied and that it be adopted Confirming the Fire Chief's Weed and Refuse Abatement Report. J RESOLUTION NO. 87 - 23 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CONFIRMING THE REPORT OF THE CHIEF OF THE FIRE DEPARTMENT SETTING FORTH THE DESCRIPTION OF PROPERTY, THE OWNERS THEREOF, AND THE COST OF ABATING THENUISANCE CAUSED BY THE GROWING OF WEEDS AND ACCUMULATION OF REFUSE IN THE CITY OF GILROY, AND PROVIDING THAT SUCH COST SHALL CONSTITUTE ASSESSMENTS AGAINST THE RESPECTIVE OWNERS OF LAND. PASSED AND ADOPTED this 20th day of April, 1987 by the following vote: AYES: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN. None None NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Councilman Gage requested that letters be sent to property owners regarding removal of ivy on trees in the parkways throughout the City. (The Mayor deviated from the regular agenda in order to accommodate interested persons in the audience.) J City Administrator Baksa explained the need for East Ninth Street et al Refunding Assessment District, Series 87-1 Motion was made by Councilman Gage seconded by Councilwoman Albert that the reading of Resolution No. 87-24 be waived and that it be adopted. RESOLUTION NO. 87 - 24 RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES - EAST NINTH STREET ET AL REFUNDING ASSESSMENT DISTRICT, SERIES 87-1. PASSED AND ADOPTED this 20th day of April, 1987, by the following vote: AYES: NOES: ABSENT: 5503 COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, pALMERLEE, VALDEZ and HUGHAN. COUNCILMEMBERS: None COUNCILMEMBERS: None Motion was made by Councilman Gage seconded by Councilwoman Albert that the reading of Resolution No. 87-25 be waived and that it be adopted. RESOLUTION NO. 87 - 25 [. , . i RESOLUTION APPROVING AGREEMENT FOR ENGINEERING SERVICES - EAST NINTH ST. ET AL REFUNDING ASSESSMENT DISTRICT, SERIES 87-1. PASSED AND ADOPTED this 20th day of April, 1987, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN. None None COUNCILMEMBERS: COUNCILMEMBERS: Motion was made by Councilman Gage seconded by Councilwoman Albert that the reading of Resolution No. 87-26 be waived and that it be adopted. RESOLUTION NO. 87 - 26 RESOLUTION OF INTENTION TO CONDUCT REASSESSMENT PROCEEDINGS IN EAST NINTH ST. ET AL REFUNDING ASSESSMENT DISTRICT, SERIES 87-1. PASSED AND ADOPTED this 20th day of April, 1987, by the following vote: AYES: NOES: ABSENT: [ COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN. COUNCILMEMBERS: None COUNCILMEMBERS: None Noted the Reassessment Report ordering same to be filed. Motion was made by Councilman Gage seconded by Councilwoman Albert that the reading of Resolution No. 87-27 be waived and that it be adopted. RESOLUTION NO. 87 - 27 RESOLUTION APPROVING REASSESSMENT REPORT AND CONFIRMING REASSESSMENTS - EAST NINTH ST. ET AL REFUNDING ASSESSMENT DISTRICT, SERIES 87-1. PASSED AND ADOPTED this 20th day of April, 1987, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN. COUNCILMEMBERS: None COUNCILMEMBERS: None Motion was made by Councilman Gage seconded by Councilwoman Albert that the reading of Resolution No. 87-28 be waived and that it be adopted. RESOLUTION NO. 87 - 28 [ RESOLUTION AUTHORIZING ISSUANCE OF REFUNDING BONDS - EAST NINTH ST. ET AL REFUNDING ASSESSMENT DISTRICT, SERIES 87-1. PASSED AND ADOPTED this 20th day of April, 1987, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZand HUGHAN. COUNCILMEMBERS: None COUNCILMEMBERS: None Noted the Bids of Wulff, Hansen & Co. for Bonds. Motion was made by Councilman Gage seconded by Councilwoman Albert that the reading of Resolution No. 87-29 be waived and that it be adopted. t 5504 Rent Control RESOLUTION NO. 87 - 29 RESOLUTION ORDERING SALE OF BONDS - EAST NINTH ST. ET AL REFUNDING ASSESSMENT DISTRICT, SERIES 87-1. PASSED AND ADOPTED this 20th day of April, 1987, by the following vote: AYES: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN. None None NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: (The Mayor returned to the regular order of the Agenda.) ] Noted possible consideration of the Draft Preliminary Ordinance re: Rent Control for Mobilehome Parks. The Mayor noted the following correspondence pertaining to Rent Control: Ms. Alice Denhard, 500 W. 10th St., Space #156 in favor of Rent Control Ordinance for Mobile Home Parks. Petition from Residents of Twin Palms Requesting Rent Control Ordinance for Mobile Home Parks. Petition containing 74 signatures from residents of Wagon Wheel Mobile Village requesting Rent Control Ordinance for Mobile Home Parks. Mark Moore - Reports on Negotiations, Pacific Mobile Estates: March 16, 1987 and April 12, 1987. Mr. William H. Brown, Attorney re: Pacific Mobile Estates negotiations. Pacific Mobile Estates Owner re: Fencing Adjacent to Mobile Home Park. ] Charles Gilmore, Chairman, Rent Stabilization Committee of Pacific Mobile Estates to the Property Owner's Attorney; and Lease Negotiations for Pacific Mobile Estates and comments on Rent Stabilization Ordinance - First Draft. Senator Mello re: Rent Control Issue. The Mayor asked if there was anyone in the audience wishing to speak on the matter. Mr. William Brown, Attorney for the Owners of Pacific Mobile Estates, addressed the Council reporting on the negotiations taken place noting that same have not been satisfactorily concluded. He noted that the owners of the Park have agreed to do substantial amounts of repairs totalling in excess of $100,000.00 in the next twenty-four (24) months. He noted that the tenants that he has met with have indicated to him that repairs and maintenance is not the issue, but are primarily concerned about a rent increase. He noted a previous letter to Council by the owners noting that the rent increase would not exceed $25.00 and never had any intention of raising the rents in excess of $25.00. He noted that the tenants, had agreed that $15.00 or a 5% increase would be a satis- factory increase. He noted that additionally the owners had offered a five (5) year lease, similar to the lease used at Wind-, 'J'. mill Mobile Estates in Morgan Hill. He noted that the tenants . last offer was for no increase in rent on July 1 and that the proposed five year lease was not accepted which included 90% of CPI increase plus some pass throughs of governmental mandated costs and insurance costs and some allowance for recovery of capital improvements. He noted that he had copies of the rental agreement which they propose to distribute to the tenants to allow them to individually make decisions as to whether this is some- thing that they would like to sign. He further noted that whenever the owners offered something it was accepted, but it appeared that nothing was given in return. He noted his concern that he believes that the tenants think they will get a better rent ordinance from the City than what the owners have offered. 5505 ". ~ He stated that Council should not adopt a rent control ordinance at this time when the owners of the Park have done so well. He advised Council that if this is done it would be step number one; the next week Council will be faced with requests from the apart- ment owners, and then the commercial land owners. He noted that if a Rent Control Ordinance is adopted that it will not be the last the Council will hear rent control issues, it will be the first. Council will be then inundated with requests for tighting of the ordinance to make things more equitable for the renters and the tenants of the park. He believes that Council will not be solving the problem, but will be creating numerous problems. He distributed copies of the rental agreement to Councilmembers. He noted that if the ordinance is not adopted tonight that the owners intend to proceed with an increase of $15.00 and will offer the 5 year lease to the tenants, based upon a $15.00 increase the first year and then the CPI limitations in the future years. Mr. Brown further noted that the proposed lease has not been in final form before this date, because it is usually best to attempt to arrive at a negotiated agreement as to the key items of a lease before same is drafted. He noted that a substantial period of time and a number of meetings were spent feeling that they were progressing toward the final draft, until at one meeting they were told that the committee was not able to agree with the owners because they were not authorized to agree, and therefore they were back at ground zero. He noted that at the last meeting he sent them a letter outlining the terms of the lease that they would propose to establish and received a response that this was not acceptable because they didn't want any increase on July 1st and that 75% of the CPI was adequate and didn't want any pass through of insurance costs. He noted on that basis they went with what they felt was their best offer represented in the proposed lease agreement. Councilman Gage inquired what would take place if a tenant sold their property within the 5 year lease period. "". Mr. Brown stated that there was to be a provision where there will be an increase based upon the length of time that the lease has been in effect and that any new owner could take over the lease for the balance of the 5 year period. ~ Mr. James Daly, Manager/Operator of Daly's Mobilehome Park, addressed the Council, noting that his property has been in operation for many years. He noted his concern is that the other mobilehome parks are corporate minded profit making corporate ventures and they are a small trailer park with concerns for the tenants. He noted that when the City requires removal of abandoned gasoline tanks to a cost of $30,000. or corporation rule to repair the roads it becomes a hardship for his parents who are retired. He stated that he hopes that the Council understands that a rent control ordinance would not only pertain to the three mobilehome parks, but would also apply to his trailer operations. He noted that at his park they rent to tenants with children, pets, etc. and should not be classified as a mobilehome park per se, as they deal with tenants of low-moderate and fixed income. He noted that they increase the rent 8% per year, regardless of overhead. He noted that if they are required to make corporate improvements that they will have to sell their property. He noted that they have 24 spaces and are allotted one for overnight renters. r- I .... Ms. Jorg Tillson, Executive Director of the Manufacturing Housing Educational Trust, addressed the Council noting that once a community has a Rent Stabilization Ordinance it is long, costly and unpleasant for a community. She noted three law suits cur- rently in the City of San Jose: 1) Mobilehome Park Owner against the ordinance as it existed in 1985, changed in 1986 (Mobile Park West vs City of San Jose); 2) Village of the Four Seasons vs City of San Jose against the 1986 ordinance; 3) Tenants of a Mobilehome Park vs. City of San Jose. She noted that the City of Morgan Hill which has a substantial number of mobilehome park spaces, the largest mobilehome park was sold to the residents by the private investor owners at the end of 1986. She noted that approximately 2/3rds of the tenants own the park in a corporative agreement. 5506 She noted in approximately sixty days thereafter the resident/ owners went to the Morgan Hill Board and requested an increase of rents on the remaining residents of the park who were tenant residents. Arbitrator denied their rent increase request and they are now taking it before the Morgan Hill City Council. She noted that the tenants and park owners are getting closer to an agree- ment and that the lease offered to the tenants is an extremely reasonable and generous lease from the point of view of a park owner. She requested that Council take these factors into con- sideration before making a decision tonight as to whether the Council wants to put this City into a relationship with its citizens that it does not have now, into a monitoring relationship about an economic agreement or lack of agreement between some of the citizens or let those people take their independent cause as they have traditionally. ~ j W Mr. Charles Gillmore, 500 W. 10th St., #159, addressed the Council and noted they have tried very hard to reach a lease agreement with the owners of Pacific Mobile Estates, and notes the files presented on their efforts. He noted that he believes it unfair for the owners to present the lease agreement to Council without allowing them to see its contents and unfair for the owners to request Council to postpone action when they have not been able to read the proposed lease agreement. He noted the summary of the negotiations and their comments. He noted that they discussed a number of financial terms of an agreement and agreed upon some terms that they could agree upon, but the general outline of a lease was never presented. He stated that Council should go forward with the ordinance and after it is in place they would be willing to negotiate a lease with the owners. He states that without an ordinance he doesn't believe it can be done. Councilman Kloecker notes the April 6, 1987 negotiations outlining proposed provisions of a lease for the tenants at Pacific Mobile Estates previously discussed with the tenants before that date. ~ Mr. Gillmore stated that they discussed everything but do not know if the items discussed are the same as those presented in ~ the draft lease agreement presented at this meeting. Mr. Marion T. Link, 500 W. 10th St., addressed the Council and noted a paragraph in the letter from Mr. Brown, dated April 6th, "Any improvements or repairs made in accordance with the owners agreement to spend at least $100,000 on such work over the next two years shall not be passed on to the residents if no rent controls are enacted by the City of Gilroy. Such costs will not be passed on to residents who enter into a lease structured in accordance with the terms of this letter regardless of any action by the City of Gilroy". He stated that he believes this is negotiation of a threat and believes that if it had not been the threat of an ordinance there would have been no negotiations. Councilman Palmerlee requested clarification of Mr. Brown. Mr. Brown addressed the Council and noted that the commit- ment to expend $100,000. was made because the Park felt it was appropriate to do so, however any Park must earn return on its investment. He noted that if they are now subjected to a rent control ordinance, which does not allow them to get the types of increases which are needed to cover the expenses, then they are going to have to use as an expense the capital improvements which J,,'. they are making. He noted that he was simply pointing that out, . that any ordinance which would be adopted, he would assume would allow for the recovery of any capital improvements. He further noted that he was simply stating, based upon the offers which they had made, they reserve the right to recover for those capital improvements if there is a rent control ordinance which is passed which allows for that. Councilman Mussallem inquired if the owners of the Park would be acceptable to no rent increase on July 1st and the enactment of the rental agreement. 5507 Mr. Brown indicated that the Park owners would not agree to same. He stated that any ordinance passed would allow an increase close to $15.00. He stated that one of the things that has to be done is to look at market values. If you maintain and can main- tain that the rents of $285., $300. and $310. are far in access of fair market value, then he can understand the Council's position. He stated that he does not believe they are in access of fair market value. "... I r ~ Mrs. Frances Light, 500 W. 10th St., Sp. #97, addressed the Council noting that she has been at the same space at $85./mo. for many years and now pays $305./mo. She noted that there was more in the Park for $80. than they have now. She noted that she was told by original owners that mobilehome park life expectancy is 15 years, after that period, the park is shot and therefore they have to make their money within 15 years. She believes no repairs were made because 15 years was over. She stated that the economy has changed and the property is worth alot more now and the park owners realize that they have to spend $100,000. for repairs which she believes that the tenants have already paid in previous years for previous rent increases. She requested that Council help the tenants and appreciates what the City has already done for them, noting that Council is their only hope. Councilman Palmerlee notes his concern that if the ordinance is passed that it is conceivable to him that a case could be made before an Arbitrator that an increase close to what the park owners are asking, a case could be made for that much of an increase if the capital improvement item is brought in as an item of negotiation. He asked Mr. Gillmore if the tenants have thought of that possibility that they might not really be better off than they would be to agreeing to a rental agreement. ,... I ~ Mr. Gillmore stated that th CPI increase for this year would be $5.15 as opposed to their $15.00 proposal. He stated that there may be some other incidental cost based upon the ordinance that they could get, but he doesn't believe it would be more than $7.00 at the most. He stated that they feel that they are not entitled to any increase. He stated that they are already ahead of the tenants by $50. over the last 4 years, based upon CPl. He noted that they are now collecting $50.00 more than the CPI would have allowed. He stated that he does not know what is in the proposed lease, but does know what is in the proposed ordinance and feels that they have to have the ordinance. He noted that he is sure that there are terms in the proposed lease that they could not accept. He stated that they would be perfectly willing to go for a lease; he would prefer having a lease than the ordinance, but he sees no way to get a reasonable lease from the property owners without the ordinance. Councilman Kloecker noted meetings and discussion referred to by Mr. Brown noting no concessions by the tenants and inquired if same were true. ".. I I I ... Mr. Gillmore stated that it was not true; that a number of concessions were made, specifically to attempt to draft a lease because the owners would not present a written lease, until this very moment. He noted that at one of the m~etings they inquired what type of lease the owners would provide. He noted that at one of the meetings Mr. Brown suggested that the owners may agree to a lease similar to the Windmill Mobilehome Park lease. Mr. Gillmore stated that he suggested that this type of lease be drafted and Mr. Brown requested that the tenants prepare a lease, which they did and the owners objected to same. He further stated that the owners were preparing a lease for presentation at the next meeting and to date the tenants have never seen such a lease. Mr. Gillmore further stated that concessions were made in regard to the CPI, on vacancy decontrol, on the base rent. He stated that they also made a concession on a $6.00 blanket or CPI and the owners turned that down. The Mayor asked if there was anyone further wishing to speak. There was no comment from anyone. The Mayor closed the open portion of the meeting. Discussion was had by Council. She requested a general indication whether or not to proceed with the rent stabilization ordinance. It was the majority indication from Council to proceed with a proposed rent stabilization ordinance. 5508 Discussion was had regarding mediation vs arbitration. Council agreed to eliminate the section of the ordinance regarding mediation; appeal to arbitration agreed upon with the cost of the arbitrator to be split between the two parties regardless where the petition originated. Agreed that Section 6.0- Petitions by Tenants should be reworded regarding signatures, from not less than fifty-one percent (51%) of the spaces not signing the lease, removing the word "tenants" and also remove the words "rental agreement and/or lease" and substitute the word "lease;" The Mayor stated that removing Mediation, additional verbage needs to describe handling the petition and how it works directly with that, without going through the other. -, l ...J Council agreed to eliminate Section 6 and 7 and combine with Section 9 Appeal Petition, as suggested by City Administrator Baksa. Council agreed to compiling Page 2 into two paragraphs as recommended by the Mayor, and definitions would clarify spaces not signing the lease. Under Exemptions the ordinance does not apply to a lot which has a lease and length of time agreed upon was 36 months. Agreed to eliminate Option 3.5 regarding vacanty rate. Discussion of Section 3.4 and agreed to no changes to said section. The Mayor noted that the reason that the City is enacting the ordinance is to protect the present tenants of the Park from excessive rent increases. Agreed to delete Section 3.5. Section 4.1 - Eliminated Option #1. ~ After discussion, motion was made by Councilman Valdez ! seconded by Councilman Mussallem by the following Roll Call vote -J to select Option #3 amended as follows: A. Any rent increase which does not exceed 5% of the base rent or 80% of the change in the Consumer Price Index, whichever is less shall not be subject to review. Ayes: Councilmembers: Albert, Gage, Kloecker, Mussal- lem, Palmerlee, Valdez and Hughan. (Noting Section 4 only has Option #3 as amended.) The City Attorney suggested that when the amended ordinance is presented to Council that Staff provide the next past few years CPI so Council can compare said figures with the percentages agreed upon. Agreed to delete B under Section 4.2 as recommended by the City Administrator. Section 8 - Standards of Review ~ Discussed Options and agreed to leave all options as written. The City Attorney noted that the ordinance can be introduced at this meeting, revised copy to be presented to Council, to include CPI previous years increases in dollar amounts and numbers on the costs where arbitration is involved and minor changes can be made prior to adoption. ~ ! ...J Motion was made by Councilman Mussallem seconded by Councilman Valdez and carried that the proposed revised rent stabilization ordinance for mobilehome parks be introduced and published by title and summary. Councilman Kloecker voted "no" on the motion. The Mayor asked if there was anyone present wishing to speak on any matter not on the agenda. comment from anyone in the audience. in the audience There was no Noted the following informational items with no separate discussion on same: [ r ~ ".. I -- P.& R.Com 3-17-87 Lib. & Cult. Personnel Com. Rules & Reg. Res. 87-30 Gen.Maint. Assmt.Dist. Qr.Reports 5509 Transportation 2000 Modifications to Drart Plan; 14th Annual Training Conference of the California Association of Human Rights Organizations (CAHRO); Up-date on Monterey v. Gilroy, et al Lawsuit; South County Joint Planning Program New Policies; Proclamations Issued by Mayor Hughan: Teacher Appreciation Week - May 11-15, 1987 and Day of the Teacher - May 13, 1987; Sober Graduation Awareness Day - May 20, 1987; and Traffic Safety Week - May 17-23, 1987; Drug Free Fair - Christmas Hill Park - May 9, 1987; Gilroy Planning Commision Retreat - April 4, 1987; South Valley Refuse Disposal, Inc. Scholarship Donation; U. S. Senator Wilson re: Highway Bill (H.R. 2); Assemblyman Areias re: Prohibiting Trucks on Hecker Pass Highway; Report of Investments with Maturities Exceeding One Year; Catholic Charities re: Assistance to Local Residents Eligible under the 1986 Immigration Reform & Control Act; and Congressman Konnyu in Response to Mayor Hughan's Washington, D.C. Trip. Noted the Minutes of the Parks and Recreation Commission Meeting of March 17, 1987. Noted the Minutes of the Senior Advisory Board Meeting of February 9, 1987. Noted the Minutes of the Gilroy Golf Course Advisory Board Meeting of February 10, 1987. Noted the Minutes of the Library and Culture Commission Meeting of March 10, 1987. Noted the Report of the Personnel Commission Meeting of April 13, 1987. City Administrator Baksa recommended adoption of the Personnel Rules and Regulations presented. Motion was made by Councilman Gage seconded by Councilman Palmerlee that the reading of Resolution No. 87-30 be waived and that it be adopted approvingthe Personnel Rules & Regulations presented. RESOLUTION NO. 87 - 30 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING REVISED PERSONNEL RULES AND REGULATIONS. PASSED AND ADOPTED this 20th day of April, 1987, by the following vote: AYES: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN. COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: City Administrator Baksa noted copies of information compiled regarding a previous meeting on General Maintenance Assessment District and requested Council bring same to the Budget Study Sessions. City Administrator Baksa distributed copies of the City's First Quarterly Reports to Council. 5510 Appeal-El Cachanilla Club Adjrnmt. .. . City Administrator Baksa noted receipt of an Appeal on his decision to revoke the El Cachanilla Club's regulatory bar permit. The City Attorney explained hearing options Council could select, reopen the entire case (retrial); appeal it on the record, to transcribe the entire proceedings; or on the stated case in summary and then argue same. Council set a Special Council Meeting of May 11, 1987 at 7:00 p.m. to hear the appeal on the stated case in summary as outlined by the City Attorney; to be followed by a Budget Study Session. Council also set May 13, 1987 at 7:00 p.m. for an additional Budget Study Session on the 1987-88 City Budget. The Mayor reported that Staff had approved Library & Culture Commission use of the Old City Hall for their Art Show in June. The Mayor reminded Council of the Haz Mat Conference, April 24, 1987. Councilman Gage requested that Council be advised of the date of Arbor Day at least three weeks in advance. Noted the League of California Cities - Peninsula Division Meeting, April 30, 1987 - 6:30 p.m., Borel's, San Mateo. Noted Assemblyman Areias' invitation to Luncheon, with Bill Honig, Superintendent of Public Instructions, May 1st at the Italian Gardens in San Jose. The Mayor noted a Joint Gilroy/Morgan Hill Dinner Study Session, (scheduled after the agenda was prepared) for Tuesday, May 5, 1987 at 6:30 p.m. at the Golden Oaks Restaurant in Morgan Hill regarding General Mutual Interests of each City and the Denitrification Proposal for the Wastewater Facilities. At 10:16 p.m. the Mayor adjourned the meeting. Respectfully submitted,