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Minutes 1985/04/15 Roll Call - -- Intro. New Employee Res. #85-21 Honoring Mayor Hughan ~~,". Consent Calendar -- Minutes Res. #85-22 re: Garlic Festival - Res. #85-23 re: Easement Va- cation-Obata Ind. Pk. ... Bids re:Tractor w/accessories 5119 April 15, 1985 Gilroy, California Hayor Hnghan led tl,e Pledge of Allegiance to the Flag. The Regular Mee.ting of the Gilroy City Coul1cil \'las called to order by her Honor Mayor Roberta H. Hughan at 8:01 p.m. Present: CO"Ji1cil ~1e~1'.bers: Sharon A. Albert, Donald F. Gage, Paul V. Kloecker, Larry Mussallen, John E. Pate, ::?ete Valdez, Jr. and Roherta H. Hughan. The Mayer i~troduced Nora Torres, Crime Prevention Technician, ?olice Department. Councilman Pa.te n~quested Mayor Hughan to relinquish the gavel to Mayor Protempore Ga.ge. Motion was made by Councilman Pate seconded by Councilman Valdez that Resolution No. 85-21 be adopted. Councilman Pate read and presented the resolution to Mayor Huohan honorino her for the Women of Achievement Award hy the League of Friends of Santa Clara County Commission on the Status of Women. RESOLUTIOK NO. 85-21 RESOLUTION OF THECOilllCIL OF THE CITY OF GILROY HO~ORING MAYO~ ROBERTA HOWSON HUGHAN. PASSED AND ADOPTED this 15th day of April, 1985, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, KLOECKER, MUSSALLEM, PATE, VALDEZ and GAGE COUNCIL MEI1BERS: NONE COUNCIL r-1EMBER: HUGHAN NOES: ABSENT: Mayor Hughan took her seat at the Council table. Motion was made by Councilman Gage seconded by Councilman Mussal- lem that the following items under the Consent Calendar be approved excluding Item "D" re: Tract Map Improvement Plans and Development Agree- ment for Tract No. 7673, by the following Roll Call Vote: Ayes: Council Members: Albert, Gage, Kloecker, Mussallem, Pate, Valdez and Hughan. Approved the Minutes of the Regular City Council Meeting of April 1, 1985; Adopted Resolution No. 85-22 authorizing the California Highway Patrol to direct traffic within the city limits during the Garlic Festi- val, July 26, 27 and 28, 1985. RESOLUTION NO. 85-22 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 26, 27 AND 28, 1985. PASSED AND ADOPTED this 15th day of April, 1985, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE NOES: ABSENT: Adopted Resolution No. 85-23 of intention to vacate a ten-foot public utility easement located within Lot 4 of the Obata Industrial Park, setting May 20, 1985, as a Public Hearing date on same. RESOLUTION NO. 85-23 RESOLUTION OF INTENTION TO VACATE A TEN-FOOT PUBLIC UTILI'rY EASEMENT LOCATED WITHIN LOT 4 OF THE OBATA INDUSTRIAL PARK. PASSED AND ADOPTED this 15th day of April, 1985, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE NOES: ABSENT: City Administrator Baksa presented a report and recommendation to award a bid from Case Power & Equipment in the amount of $38,821.59 for an industrial rubber-tired tractor with locader/backhoe and trailer. ( 5120 Pub.Hear. re: Vacation of Storm Drain Easement Res. #85-24 Pub.Hear. re: Pre zoning- Kishimura/ City of Gilroy Intro. Ord. Pre zoning 1985-90 Cap. Imp. Program Mr. John Cooper, representing C & N Tractors; Mr. Doug Feck and Mr. John Sarkisian, representing Coastal Ford Tractor, addressed the Council and inquired about the error in the City's specifica- tions, noting that the City requested a 20,000 lb. capacity trailer but referenced a model number with an 18,000 lb. capacity. It was noted that the recommended bidder had agreed to suppy a 20,000 lb. capacity trailer at the bid price. Mr. Jim Hempy, representing_Case Power & Equipment, addressed the Council noting that his bid would meet the City's specifications to include a 20,000 lb. capacity trailer. ..... Discussion was had by Council on the matter. The City Attor- ney recommended that the bid of Case Power & Equipment be awarded as recommended. ......... Motion was made by Councilman Mussallem seconded by Council- man Kloecker and carried by the following Roll Call Vote that the bid of Case Power & Equipment in the amount of $38,821.59 be award- ed as recommended: Ayes: Council Members: Kloecker, Mussallem, Pate and Hughan. Noes: Council Members: Albert, Gage and Valdez. The Mayor stated that it was the time and place scheduled for a Public Hearing of Intention to vacate a five-foot storm drainage easement within Lot 7 of Tract No. 7308. The Mayor asked if there was anyone in the audience wishinq to speak on the matter. There was no comment from anyone in the audience. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that the Public Hearing be closed. Motion was made by Councilman Gage seconded by Councilman Kloecker that the reading of Resolution No. 85-24 be waived and that it be adopted ordering vacation of said easement. ...... RESOLUTION NO. 85-24 ~ RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ORDERING VACATION OF A FIVE-FOOT STORM DRAINAGE EASEMENT LOCATED WITHIN LOT 7 OF TRACT NO. 7308. PASSED AND ADOPTED this 15th day of April, 1985, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, HUSSALLEM, PATE, VALDEZ and HUGHAN COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE NOES: ABSENT: The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a pre zoning request of Kishimura, et al and the City of Gilroy to Ml (Limited Industrial) and PF (park/ Public Facilities) Districts, located south of Las Animas Avenue between Murray Avenue and the Southern Pacific Railroad Right of Way. Planning Director Dorn presented and explained the Staff Report noting the expanded Initial Study enclosed and the Negative Declaration considered and approved. 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. ..... - Motion was made by Councilman Mussallem seconded by Council- man Gage and carried that the Public Hearing be closed. rei Motion was made by Councilman Mussallem seconded by Council- man Gage and carried that a proposed ordinance be introduced, the reading waived and published by title and summary prezoning the request. City Administrator Baksa presented and further explained the 1985-1990 Capital Improvement Program. ...... - - ... ~ - Employee/ Employer Relations Res. #85-25 Circus Vargas Gavilan Water conserVation District Gilroy Little League Appeal-MSO J. Deras 51 21 t.10i:ion \la.'; 'Tlade by Oy.mr.ilman Gage secouI1s:J. by Councilman Pate and carried that the J.:'.:dts (or a cC'l.pi'i:al i1flp:r:-oven<:n.t item be set at $SOO.OO, or mor~. Motion 'tJ."'lS Hade >y Co,mcilm.3.:1 Gage S'~Cf)nl.~.~'I". b~7 Councilwoman Albert and carried that the 1985-1990 Capital Improvement Program be approved as submitted. City Administrator Baksa presented and explained a proposed resolution regarding procedures for Employee-Employer Relations. Motion was made by Councilman Gaoe seconded by COllncilman Mussallem that the reading of Resolution No. 85-25 be waived and that it be adopted. R"S~OLTJ'::'Ini NC. FJ"-.2S RESOLUTION OF THE COTlliCIL OF THE CITY OF GILROY ADOPTING PROCEDURES FOR Er-1PT.,OYER liND F!'l"?LOYFB RF.LATInNS. PASSED AND ADOPTED this 15th day of April, 1985, by the following vote: l\YJ~S : COUNCIL r"EJIJRF~S: A~.P:?R.T, G}\G:S, K:LCEC(P,"<, MUSSALLEr-1, PATE, VALDEZ and HUGHAN NOES: ABSENT: cOlJNer., HEM?:?RS: r;rNJ~ COillKI:r., MEI'DEP-.S: ~TOrJE City Administrator Baksa presented a re~uest of Circus Vargas requesting permission to conduct a circus on May 20 and 21, 1985. Discussion ,,"'as had re(Ja:rdinq non-sponsored circuses o.nd financ::'C".l disclosure statements to determine fund aJ.locai:ions t.o local organizations. Motion 'was na:de hy. Council-Flan GagE secoDC'.ed by Councilman Valdez and carried that: t:he Circur; Vargas be (rrani:ed pernission to conduct a circus on the requested c1a'.:es 8ubject..to c0f1rli2T'Cc Fi':h all City re- quirements, ordinances and regulations. CitY.Administrator Bak~a presented a letter from Gavilan Water Conservation District requesting formation of a Study Committee on Water Resource Management in the Llagas Group Water Basin. Hs. Susan Voss, repn~sent.:'.na Gavi2.an ~TateJ:'. Cor.servation District, add-ressed theCounciJ.and :'.nt:r~)dllc:ed J1r.. Rohert:. Kishimllra., Di3trict Chairman of the l\dvisory COmIli tt:i:~e and Mr. Rohert Ch::.ppell, President of the Board of Directors who further explained the District's desire t:o study the re':Jion:ll C()Jl(X!pt an:! H:i!questinJ the City to co-sponsor the proj eet. Discussion was hCJ.d on the natter. Mr. Bill Reimal, Member of the Advisory Committee, addressed the Council furt.her e}:p2.aini!'.q the proposal. Motion was made by CouncilIllan Pat.esecondee; b:/ C:mncilwoman Albert and failed by the following Roll Call Vote that the City parti- cipate in the proposeclr.dvisory Study c'>Y11uit:tee b'.J:t not sponsor or co- sponsor the project. l~"1F;S: Co:mcil r'~ernb~rs: ."1\l:....ert, '-;as"J~. and Pate. Noes: Council Members: Kloecker, MussalJe:l1, Valdez .:md H'.lghan. Mayor Hughan noted that it was the responsibility of Gavilan Water Conservation District to clarify the intent of the proposed committee. Mr. Bill McIntosh, President of the Gilroy Little Leaoue, addressed the Council. and presented' ?T) 'lpdate and :;"rocrress of the Gilroy Little League. Councilman Valdez noted a City/School Liaison Committee Heeting scheduled for Mav 1, 1985, at 5:00 p.m. in the School Administration Board Room. A letter from Christopher D. Burdick re: appeal of Multi-Services Officer Joe Deras was noted. Motion was made by Councilman Pate seconded ~JY Councilman Mussallem and carried that a Personnel Session of the Gilroy City Council be scheduled foy April 18, 1985, atS:'OO :;',.1-;1. in t'18 Employees' Lounge, City Hall, 7351 Rosanna Street, Gilroy", cp, J':'ega:!Cdinc; saic' appeo1. 5122 Motion was made by Councilman Mussallem seconded by Council- woman Albert and carried by the following Roll Call vote that said Personnel Session be an appellate type hearing rather than a de novo type hearing. Ayes: Council Members: Albert, Loecker, Mussallem, Pate, Valdez and Hughan. Noes: Council Member: Gage. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that a Closed Session of the City Council be scheduled to immediately follow the Personnel Session of April 18, 1985, for Council deliberations on the matter and an additional Closed Session scheduled for April 20, 1985, at 3:30 p.m. in the Council Chambers, city Hall, 7351 Rosanna Street, Gilroy, for further deliverations on the matter. .... - The following informational items were noted with no separate discussion on same: Planning Staff Actions, dated March 29, 1985; Intergovernmental Council Meeting of March 14, 1985; proclamations issued by Mayor Hughan: Deaf Awareness Month - May 1985; Youth Month - June 1985; and Poppy Days - May 10 & 11, 1985; and South Valley Refuse Disposal, Inc. donation. Plan. Com. Mtg. The Report of the Planning Commission Meeting of April 4, 4/4/85 1985, was noted. TM 81-1, T. Berry A/S 84-5 JPA Committee Mtg.3/26/85 Lib. & Cul t. Com. 3/12/85 Personnel Com. 4/8/85 City Engr. Motion was made by Councilman Mussallem seconded by Councilman Gage and carried that the request for extension of Tentative Map (TM 81-1), Trevis Berry, be approved as recommended. Planning Director Dorn noted the Notice of Preparation of a Draft Environmental Impact Report for Oceanic Properties General Plan Amendment, Central Coyote Valley, and further explained same. ....... !Iii.......... Councilwoman Albert inquired of the Planning Staff Actions, specifically, A/S 84-5, northwest corner of 10th and Chestnut Streets (Raisch Construction) and noted Council's previous action request- ing enlargement of the median strip on Tenth Street. Planning Director Dorn explained that the City would be re- quired to pay the cost of removing the pavement if and when a full median is constructed at that location. City Administrator Baksa noted that he would refer same to the City Engineer for a recommendation when a full island is war- ranted at said location. Councilwoman Albert requested that a letter of thanks from the City Council be forwarded to South valley Refuse Disposal, Inc., for their donation. The Minutes of the Joint Powers Sewer Advisory Committee Meeting of March 26, 1985, were noted. The Minutes of the Library and Culture Commission Meeting of March 12, 1985, were noted. ~ - Councilman Kloecker requested that a copy of the 6.1 sewer capacity rerating analysis presented to the Joint Powers Sewer Advisory Committee Meeting of April 9, 1985, be forwarded to Coun- cil for their review. The Report of the Personnel Commission Meeting of April 8, 1985, was noted. Motion was made by Councilman Gage seconded by Councilwoman Albert and carried that the classification and salary range for the position of City Engineer be approved as recommended. Ins. re: Punitive Damages .... Golf Course Contract .... Quarterly Report Computer Task Force 5123 City Administrator Baksa presented a resolution in support of and recommending the amendment of Insurance, Evidence and Government Code Sections concernin<J p'mitive damages by permitting employees to be covered by insurance against punitive damaGes. He:urther explained same. Council tabled action on said matter ::or a.ddi tional study. City Administrator Baksa noted that he, Personnel Director, and Chief of Police would be attending a meetin~ April 16, 1985, in regard to amendments to the Fair Labor Standards Act. City Administrator Baksa presented a letter from Mr. Harry Cadwalder terminating his contract agreement for the Golf Course operations and recommended the agreement be tranferred to Mr. Don DeLorenzo. City Administrator Baksa further noted that Mr. Gary Rush, Greenskeeper, recently resigned. City Administrator Baksa distributed copies of the First Quarterly Financial Report to Council. City Administrator Baksa noted previous discussion regarding the Sewer Treatment Plant appeal. Council had no further comments. City Administrator Baksa gave an update regarding the Computer Task Force. Christmas Hill City Administrator Baksa reco~mended endorsement of the long-term Pk. Project plan for Christmas Hill Park.Expansion Project. The Mayor noted that this matter did not go through regular channels, i.e., Parks and Recrea- tion Commission, etc., because the County recently advised the City of excess County park funds available and invited the City to apply for same. ~ - Budget Res. #85-26 & #85-27 re: Sister Cities - ..... Motion was made by Councilwoman Albert seconded by Councilman Kloecker and carried that the City unanimously endorses the long-term plan for Christmas Hill Park Expansion Project as recommended. Council requested copies of the proposed general scope of the long-term plan. Discussion was had regarding the City budget format. Council con- curred with City Administrator Baksa's recommendation to change the City Budget format to computer pages as presented. Mayor Hughan requested adoption of resolutions officially desig- nating Monticelli d'Ongina, Italy, and St. Clar, France, Sister Cities for the City of Gilroy. Motion was made by Councilman Pate seconded by Councilwoman Albert that the reading of Resolution No. 85-26 be waived and that it be adopted officially designating Monticelli d'Ongina, Italy, as the City of Gilroy's Sister City. RESOLUTION NO. 85-26 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY OFFICIALLY DESIGNATING MONTICELLI d'ONGINA, ITALY, AS A SISTER CITY OF THE CITY OF GILROY. PASSED AND ADOPTED this 15th day of April, 1985, by the following vote: AYES: COUNCIL MEI'U3ERS: ALBER"" GAGE, KLOECKER, MUSSJI,LLEM, PATE, VALDEZ and HUGHAN COUNCIL MEMBER..S: NONE COUNCIL HEMBERS: NONE NOES: ABSENT: Motion was made by Councilman Pate seconded by Councilwoman Albert that the reading of Resolution NQ. 85-27 be waived and that it be adopted officially designating st. Clar, France, as a Sister City of the Cit~ of Gilroy. RESOLUTION NO. 85-27 RESOLUTION OF THE COUNCIL OF THE CI'rY OF GILROY OPFICIALLY DESIGNATING ST. CLAR, FRANCE, AS A SISTER CITY OF THE CITY OF GILROY. lS124 I .. PASSED ANQ ADOPTED this 15th. day of Ap~ir, 1985, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN NONE NONE NOES: ABSENT :0 COUNCIL MEMBERS: COUNCIL MEMBERS: Rent Control The Mayor noted the City Council Study Session, April 22, 1985, 7:00 p.m., in the Council Chambers, City Hall, re: Tenant/ Landlord Madiation and Arbitration. League of Calif. Cities The Mayor noted the League of California Cities - Peninsula Division Meeting May 2, 1985, in Sunnyvale. Councilman Valdez noted the Economic Development Committee Meeting scheduled for April 24, 1985. Ivy - Parkways Councilman Gage noted positive action needed in regard to ivy growing on City trees within the parkway; that volunteer removal is not working. The City Attorney noted that the City could control what can be planted within the parking strip, but this should be a separate item and procedure from the weed abatement program. Bus Stops Councilman Gage requested that the County Transit bus stop at the northeast side of Monterey Street adjacent to First Street be moved to avoid large trucks traveling onto North Monterey Street from First Street, as the slope of the roadway is such that said trucks' wheels raise completely off of the pavementwhibh could cause said trucks to turn over onto those people using the bus stops. City Administrator Baksa noted that he would investigate same. Earthquake Pre- Councilman Mussallem noted that this week is Earthquake Pre- paredness Week paredness Week, and that the State OES presentation before Council is shceduled to precede. the May 20, 1985, regular Council Meeting at 7:00 p.m. Adjournment At 10:49 p.m., the Mayor adjourned the meeting. Respectfully submitted, d~4:~d/~..~-