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Minutes 1985/07/01 5146 Roll Call Employee of the Month Consent Calendar Minutes Res. #85-40 Gen. Muni. Election 11/5/85 July 1, .1985. Gilroy, California Mayor Hughan led th~ Pledge o{ Allegiance to the Flag. The Regular Meeting o{ the Gilroy City Council was called to order by Her Honor Mayor Hughan at 8:05 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. The Mayor presented the Employee of the Month Award for June 1985 to Louis Palacios, Public Works Department. Hotion was made by Councilman Gage seconded by Councilman Mussallem that the following items under the Consent Calendar be approved by the following Roll Call Vot.e: Ayes: Council Members: Gage, Kloecker, Mussallem, pate, Valdez and Hughan. Absent: Council Member: Albert. Approved the Minutes of the Regular Council Meeting of June 17, 1985; Adopted Resolution No. 85-40 Ordering November 5, 1985, General Municipal Election; requesting consolidation and Registrar of Voters to conduct. RESOLUTION NO. 85-40 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING THE CITY CLERK TO PUBLISH NOTICE OF GENE PAL ELECTION FOR MUNICIPAL OFFICERS TO BE HELD IN THE CITY OF GILROY ON NOVEMBER 5, 1985, AND REQUESTING THE CONSOLIDATION OF THE GENERAL MUNICIPAL ELECTION WITH THE GOVERNING BOARD MEMBER ELECTION TO BE HELD IN GILROY UNI- FIED SCHOOL DISTRICT, GAVILAN JOINT COMHUN!TY COLLEGE DISTRICT TO BE HELD ON NOVEMBER 5, 1985. - pev. Agrees.- ~rk, et al &(!. Ditto Revised Murray Ave. 84-2 Reorg. .... - Res. #85-41 - FLSA 7 (k) Exemption Res. #85-42 -' ..... Intro. Ord. re: Pretreatment Ord. Amend. 5147 PASSED AYES: AND ADOPTED this 1st day of July, 1985, by the COUNCIL ME~ffiERS: GAGE, KLOECKER, MUSSALLEM, HUGHAN COTJNCIL MEMBERS: NONE COUNCIL MEMBER: ALBERT; followin(f vote: PATE, VALDEZ and NOES: ABSENT: Approved Deve~.opment I\qreements vlith Clarl:, Car~_son, Hewell, Sheedy and Nowakowski and with Frank Ditto. The Mayor stated that it was the time and place scheduled for the Public Hearing to consider Reorganization of uninhabited Territory to be known as "Revised Murray Avenue Reorganization 84-2" located between Murray Avenue and the SPR.R property and north of Leavesley Road, containing 73.5 acres, noting that there is not 100% consent. Planning Director' Dorn explained the proposed reorganization. The Mayor asked if there was anyone present in the audience wishing to speak in favor of reorganization 0:1= th2 subject property. Mr. Wi11:Lam K. Henry, representing t:he principal applicant, addressed the Council noting that all property mmers had been contacted to sign the petition for annexation and that he is present to answer questions regarding this appl~cation. The Mayor asked if there was anyone furt~~r in the audience wishing to speak in favor of reorganization of the s'..lbj ect territory. There was no comment from anyone in the audience. The Mayor asked if there was anyone. present in the audience wishing to speak against the reorganization of the sl1hject territory. There was no COrrL'llent froPl anyone in the a l1di.ence. Motion was mao.e IN Councilman Gage seco,nded by Councilman Kloecker and carried that the "Public ~~ea.ring~Je closed. Motion was .made by Councilman Gage seconded. by Councilman Kloecker that the reading of Resolution No. 85-41 be waived and that it be adopted approving "Revised Murray Avenue.84-2 Reorganization." RESOLUTION NO. 85-41 A RESOLUTION, AFTER PUBLIC HEARING, OF THE CITY OF GILROY WITH REGARD TO A REORGANIZATION PURSUANT TO THE DISTRICT REORGANIZATION ACT OF 1965 DESIGNATED AS "MURRAY AVENUE REORGANIZATION 8402." PASSED AYES: AND ADOPTED this 1st day of July, 1985, by the COUNCIL MEHBERS: GAGE, KLOECKER, MUSSALLEM, HUGHAN COTJNCIL MEMBERS: NONE COUNCIL MEMBER: ALBERT following vote: PATE, VALDEZ and NOES: ABSENT: City Administratoc. Baksa presented a recorr~endation regarding FLSA 7(k) Exemption for law enforcement and fire protection non-exempt employees, furt~"1er ex},"' laininq same.. Motion was mad.?: by COi..'.'.1cilllL2>n Gage seconded by CG:.mcilman Valdez that the reading of~esGlution No. 85-42 be waiv8.3 and t~:-tat it be adopted. RESOLUTION NO. 85-42 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING LAW ENFORCEMENT AND FIRE PROTECTION WORK PERIODS UNDER THE FAIR LABOR STANDARDS ACT. PASSED AND ADOPTED 'chis Is'c dB.:! 0:: ,Tuly, 1985, by the following vote: AYES: COUNCIL MEMBERS: GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and ~c:r.rr'HAN NOES: COUNCIL MEMBERS: NONE CmJNCIL !.1FI1B!!'Q: 1I,LB;O:RT _u.B~;EW[' : City Administrator Baksa presented and explained a proposed ordi- nance amending the City's Pretreatment Ordinance. Motion was made by Councilman Gage seconded by Councilman Mussallem that the reading of the ordinance amendino Chapter 19 of the Gilroy City 5148 Intro. Ord. Ch. l2A-re- funding of bonds Liabili ty Insurance SB 75 Resignations- Lib. & Cult. Com. AB 2020 & AB 102 re: Toxic Gases & SB 300 Code pertaining to Sewer and Sewage ,Disposal be waived and that it be published by title and summary as' recommended. It was noted that a Public Hearing has 'been scheduled for July 15, 1985, re: Fee Resolution. re: City Administrator Baksa presented and explained a proposed ordinance amending Chapter l2A of the Gilroy City Code relating to the refunding of bonds. Motion was maqe by Counci~man .Gage secqnded by Councilmap Kloecker and carried that the reading of the proposeq ordinance amending Chapter l2A of the Gilroy city Code be waived and that it be published by title and summary by adding Section l2A.149.9 to Div. 3 of Article III relating'to the refunding of bonds. -- ~ City Administrator Baksa noted that the City's insurance for liability and auto has increased dramatically for the 1985-86 fis- cal year. He introduced Mr. Mort Levinson, City's insurance broker to further explain same. Mr. Mort Levinson addressed the Council and explained in detail the reasons for the City's increased costs for insurance. City Administrator Baksa recommended that the 1985-86 Budget be amended to provide for the City's insurance premiums and further recommended that the six new positions in the 1985-86 Budget be de- ferred until October 1; 1985. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that the 1985-86 Budget be amended in the amount of $290,000.00 to allow for the insurance premium increase of $165,000.00 and $125,000.00 estimated claim loss and approved deferring hiring the six new positions provided for in the Budget until October 1, 1985, noting that Council would review the matter at that time before recruitment of any new positions~ -- A letter from the City of Palm Desert in support of SB 75 re- questing the City's favorable action on same was noted. Motion was made by Councilman Mussallem seconded by Councilman Pate and carried that the City supports SB 75 recommending the Assembly Judiciary Committee and City's representative be notified. - City Administrator Baksa noted other cities with insurance premium increases. A letter of resignation from Library and Culture Commissioner Joan Buchanan effective September 1, 1985, was noted. The Mayor noted the resignation from ,the. Reverend Jose Rubio, Library and Culture Commissioner, effective July 1, 1985. The Mayor invited interested local citizens to submit their qualifications for review.at the August 5, 1985, regular Council Meeting noting that they will be heard at said meeting if they wish to speak and that appointments will be made for the vacancies at the August 19, 1985, Regular Council Heeting. It was requested that the newspapers inform the public of this scheduling. A letter from the Intergovernmental Council requesting sup- port of AB 2020 and AB 102 regarding Study on Toxic Gases and Coun- cil position on SB 300 was noted. Council took no action on same. -- - The following informational items were noted: City's response to County re: Rancho 101. Mr. Geary Coats, representing applicant, Mr. Ed Martin, addressed the Council noting that it was not applicant's intent to bypass the city of Gilroy; that they have offered their ser- vices to the Joint Powers Sewer Advisory Committee in regard to their application. The Mayor noted that the nanimous vote of the City Council in opposition to this application was not entirely based on the sewer issue. JPSA Com. 6/11/85 ...... RDO Appli- cants - Liabili ty Insurance 5149 Council requested that the City's ,response letter to the County include mention that the EIR for this. project may not.. adequately address development in the County. Mr. Coats noted that it is their intention to resubmit an amended EIRfor any items requested bV the County. The Minutes oi: the cToint POVIers Se'vJer ACivisory COrl.'IIittee Meeting of June 11, 1985, were noted. City Administrator Baksa notf>.d possible necessary alterations of current RDO holders noting a recommendation ana alternatives for dealing with same, further explained by Planning Director Dorn. Council approved in concept recommendino that Staff meet with the affected developers to' discuss same and possible other alterations for Council action at a later date. Mr. John Filice, ~r. addressed the Council recommending a Study Session of the Council with the developers. Council requested that Staff meet with the developers and refer a recommendation to CounciL City Administrator Baksa noted that most of the Special Events organizations can only ?btain $300,000.00 liability insurance; that the City requirement for same is $1,000,000.00. Council scheduled a Public Hearing for July 15, 1985, to discuss the City of Gilroy's liability insurance coverage and the requirement for insurance coverage by Special Events, and further requested that Mr. Mort Levinson, City's insurance broker, be present at said hearing. Southwest Quad City Administrator Baksa gave an update of the meeting held with developers of the southwest quadrant, noting that a report for Council is forthcoming. .... - Fire Station Bldg. Computer Bids Sewer Alloca- tions HCD Funds - - Study Session 7/8/85 Mortgage Rev. Bonds City Administrator Baksa recommended authorization to advertise bids for removal of the fire station building on Church Street. Motion was made by Councilman Kloecker seconded by Councilman Mussallem and carried that authorization be given to advertise bids for removal of the fire station building as recommended. City Administrator Baksa noted that sixteen computer companies attended the City's pre-bid meeting on June 28, 1985. City Administrator Baksa noted that the sewer allocation agree- ments were signed by June 28, 1985, and permits are to be obtained by December 1, 1985, to avoid loss of their deposits. Discussion was had regarding allocation of unused capacity. City Administrator Baksa presented a recommendation to authorize reappropriation of HCD Funds in the amount of $39,000.00 and a request of South County Housing to utilize said funds. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that the $39,000.00 be reappropriated for the Senior Citizens' Project. City Administrator Baksa distributed materials for the July 8, 1985, Joint Council/Planning Commission Study Session at 7:30 p.m. in the Employees' Lounge, City Hall. City Administrator Baksa distributed a Fact Sheet of information on Mortgage Revenue Bonds requested by Councilman Valdez. City Administrator Baksa noted that he, Councilman Gage, the City Attorney and Chris Cain would be meeting with the Air Resources Board July 2, 1985, in San Francisco regarding odor problems and solutions at the treatment plant. r: 1 C J ,.) , Jl .. Traffic Signals- Councilman Gage inquired of the (:H:y's future J'~ans for a 10th St. traffic signal at the intersection of Church and Tenth Streets. It was also noted that a traffic signal is needed at the intersection of Tenth and Princevalle Streets. City Administrator Baksa noted that he would refer the matter to !th~ City Enoineer. The Mayor noted the Joint Council/planning Commission Study Session scheduled for July 8, 1985, at 7:30 p.m. in the Employees' Lounge, City Hall. The Mayor noted that a temporary date of July 16, 1985, has been set for a Joint Gilroy/Morgan Hill Dinner Study Session in Morgan Hill at Ed Lazzarini's Restaurant. Adjournment At 10:17 p.m., the Mayor adjourned to the sontinued closed session regarding Meet and Confer negotiations not completed at the 6:30 p.m. meeting. At 10:35 p.m., the Mayor reconvened the meeting and further adjourned. . Respectrully submitted,' ~~~~ City Ole: