Loading...
Minutes 1986/07/07 1 ~7(n '.,,' ".1 U j Roll Call Intro.New Employee Resolution- G.Porcella Emp. of Mo. Award Consent Calendar "" Regular Meeting July 7J 1986 GilroYJ California Mayor Hughan led the Pledge of Allegiance to the Flag. Present: Councilmembers: Donald F. GageJ Pual V. KloeckerJ Larry MussallemJ Daniel D. Palmerlee, Pete Valdez, Jr. and Roberta H. Hughan. (8:02 p.m.). Absent: Councilmember: Sharon A. Albert. The Mayor noted that new City Emmployee, Candi Rowlison, Police Records Clerk I, was unable to be present. Chairperson Lai of the Library and Culture Commission, pre- sented a resolution of the City Council in memory of George Porcella to his sonJ David Porcella. Mayor Hughan presented the Employee of the Month Award for June 1986 to Bob Cooke, Police Officer. Mayor Hughan requested that the ordinance previously intro- duced on June 16, 1986 and published by title and summary, under Item VI.B relating to issuance of building permits in attendance areas of impacted schools be included under the Consent Calendar. Claim-Obata Bros./T.Obata lI!I!i>i_~ Claim-Fulling- ton - Claim-Jeol USA Minutes Dev. Agree. Overland Enterprises Ord. 1186-9 School Imp. Fees - ~ Bids re: 7361 Hanna House Moving Cont'd Pub. Hear. re: TM(Hanna) .'r'flllll ..... Pub.Hear.re: Non-Smoking Ord. 5361 Councilman Mussallem noted that he would not be voting on Item G under the Consent Calendar re: Overland EnterprisesJ Inc. development agreement due to a conflict of interest. Motion was made by Councilman Gage seconded by Councilan Valdez that the following items under the Consent Calendar as amended be approved by the folloiwng Roll Call Vote: Ayes: Councilmembers: Gage, KloeckerJ Mussallem, palmerlee, Valdez and Hughan. Absent: Councilmember Albert. Denied a Damage Claim of Obata Bros./Tom Obata as recom- mended; Denied a Damage Claim of Robert and Enid Fullington as recommended; Denied a Damage Claim of Jeol USA (business) as recom- mended; Approved the Minutes of the Specical Council Meeting of June 27, 1986; Approved a development agreement with Overland EnterprisesJ Inc., Tract 7581 subject to bonding document approval by the City Attorney as recommended (Councilman Mussallem is not included as voting on this item); and Adopted Ordinance No. 86-9 relating to issuance of building permits in attendance areas of impacted schools. ORDINANCE NO. 86-9 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GILROY RELATING TO ISSUANCE OF BUILDING PERMITS IN ATTENDANCE AREAS OF IMPACTED SCHOOLS. PASSED AND ADOPTED this 7th day of July, 1986, by the following vote: AYES: COUNCILMEMBERS: GAGE, KLOECKER, MUSSALLEMJ VALDEZ and HUGHAN NONE ALBERT PALMERLEE, NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: City Administrator Baksa presented a report and recommenda- tion to award the bid of ABC House Movers in the amount of $2900 on sale and moving of the house at 7361 Hanna Street. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that the bid of ABC House Movers be awarded in the amount of $2900 for the sale and moving of the house at 7361 Hanna Street as recommended. The Mayor stated that it was the tme and place scheduled for a continued Public Hearing to consider a Tentative Map re- quest of W. J. Hanna, Jr. for a residential subdivision of 91 lots on property located between Mantelli Drive on the north and Hecker Pass Highway on the south, west of Welburn Avenue on approximately 94 acres and that no hearing is necessary since said Tentative Map was rejected without prejudice at the June 16, 1986 regular Council Meeting. Motion was made by Councilman Valdez seconded by Councilman Palmerlee and carried that the Public Hearing be closed. The Mayor stated that it was the time and place scheduled for the Public Hearing to consider enactment of a non-smoking ordinance for the workplace. The Staff Report was noted and further explained by Senior Planner Myer. A letter from the American Cancer Society was noted. The Mayor asked if there was anyone in the audience wishing to speak on the matter. 5362 Uvas Creek Levee Proj. Golf Course Master Plan PERS Contract Mr. Bill PerkinsJ 1260 Hersman Drive, addressed the Council requesting continuance of the public hearing to September to allow formation of a committee and additional representation at that timeJ noting interest in prohibitng smoking in public places as well as the workplace. The Mayor asked if there was anyone further in the audience wishing to speak. Ms. Margaret LeathersJ Director of the American Lung Asso- ciationJ addressed the Council urging adoption of the ordinance for non-smokers and offered assistance to the City if needed in preparing same. ... The Mayor asked if there was anyone further in the audience wishing to speak. lIioIIII Mr. Gary Brown, 8851 Poppy LaneJ addressed the Council re- questing the City investigate if the City would have jurisdiction of designating specific areas at the high school for smokers. Ms. Sue OlivieraJ 785 Nicole CourtJ addressed the Council requesting adoption of a non-smoking ordinance. Mr. Craig Rubio, 8959 Burchell Road, addressed the Council, particularly representing athletes in favor of a non-smoking ordinance. Discussion was had by Council on the matter. Councilman Valdez noted that the Chamber of Commerce had requested addition- al time for Council action on the matter in order to notify their members of the proposal. Continued the Public Hearing to the August 18, 1986 regular Council Meeting. Noted a Report of a Council Study Session held regarding options to finance Uvas Creek Levee Project. ..... Motion was made by Councilman Palmerlee seconded by Coun- cilman Valdez and carried that Council agrees to await the out- come of the federal funding in this year's budget and if federal or state funds are not available to consider a bond issue for the November 1987 election. ..... Noted a Report on the Golf Course Master Plan. Heard from Mr. George T. Duffin, member of the Master Plan Committee, further requesting Council consider expansion of the present golf course to include an additional nine holes. Further head from Parks and Recreation Director Ayer regarding the recommended proposals of the Committee. Discussion was had by Council on the matter. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried taht the Committee be encouraged to proceed and continue investigating the proposals for improvements, expansion and/or additions to the Golf Course as recommended. Noted a recommendation to amend the PERS Contract further explained by City Administrator Baksa. ... Motion was made by Councilman Gage seconded by Councilman __ Palmerlee that the reading of Resolution No. 86-40 of Intention be waived and that it be adopted. RESOLUTION NO. 86-40 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEN THE BOARD OF ADMINISTRA- TION OF THE PUBLIC EMPLOYERS' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF GILROY. PASSED AND ADOPTED this 7th day of July, 1986 by the following vote: Intro.Ord. - Sec. 21.46 Parcel Maps .... Child Care Proposal Measure A Plan ~.. - Water Con- servation Guidelines Res. 1186-41 - - IGC Trails & Pathways Com. 5363 AYES: COUNCILMEMBERS: GAGEJ KLOECKER, MUSSALLEM, VALDEZ and HUGHAN NONE ALBERT PALMERLEE, NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that the proposed ordinance be introduced and published by title and summary amending the PERS Contract to provide 2% @ 50 full formula (1/2 @ 55 full formula) for local police members and Sec. 20862.8 (credit for unused sick leave for local fire members only) as recommended. City Administrator Baksa noted consideration to repeal Sec- tion 21.46 of the City Code re: separate maps for division of two or more parcelsJ requested by W. J. Hanna and noting that said amendment would be presented to Council with other City Code changes under one action. The Mayor deviated from the regular agenda in order to accommodate interested persons in the audience. A request of Irma Batrez re: Child Care Proposal including the Mayor's reply was noted. Heard from Ms. Irma Batrez further explaining the need for a Task Force Investigating Committee and goals for the program. Councilman Valdez volunteered to represent the City on said Committee. Councilmembers were requested to contact Ms. Batrez to recommend other interested citizens for participation on said committee. It was noted that the City would forward articles from the current Western Cities Magazine regarding Child CareJ etc. A request of the Santa Clara County Traffic Authority was noted to further explain the Measure "A" Program--Strategic Plan. Heard from Mr. Will Kempton, Executive Director of the Traffic Authoriy further explaining the plan and requesting City Staff participation in implementation of the plan. Councilman Palmerlee left the Council Chambers at 9:48 p.m. and returned at 9:50 p.m. The Mayor continued with the regular order of the Agenda. Noted a letter from ABAG Committee for Water Policy Consen- sus re: Coordination Campaign for Water Conservation Councilmembers Gage and Mussallem noted they would attempt to coordinate representing the City on said Committee depending on the dates and locations of the meetings. City Administrator Baksa noted that he would determine same. Motion was made by Councilman Mussallem seconded by Coun- cilman Kloecker that the reading of Resolution No. 86-41 be waived and that it be adopted establishing water conservation guidelines recommended. RESOLUTION NO. 86-41 A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING WATER CONSERVATION GUIDELINES. PASSED AND ADOPTED this 7th day of July, 1986, by the following vote: AYES: COUNCILMEMBERS: GAGE, KLOECKER, MUSSALLEM, VALDEZ and HUGHAN NONE ALBERT PALMERLEE, NOES: ALBERT: COUNCILMEMBERS: COUNCILMEMBER: Noted the Inter-Governmental Council (IGC) Trails & Path- ways Committee. The Mayor requested Councilmembers to contact Rachel RheaJ Staff Coordinator, if interested in serving on this committee. 5364 Plan. Com. Resignation- (Mello) So.Co.Housing Sewer Alloc. Lib. & Cult. Com. ,6-10-86 & 6-30-86 Downtown Act. Com. Mtgs. E. 9th St. et al Gubser et al Settlement Old City Hall Mayor Hughan noted her recent election as President of IGC. Noted and accepted a letter of resignation from Dan MelloJ Planning CommissionerJ with regret. Council requested that the newspapers notify interested citizens that the City is accepting resumes, and appointment to fill the unexpired term (1-1-87) will be announced. A request of South County Housing for inclusion in the next sewer allocation process was noted and further explained by Marie Juncker noting that they are exempt from the RDO process but wish to be included in the sewer allocation process. ... Council agreed to allow South County Housing to compete in the next sewer allocation process; that they would not be exclu- ded because they are exempt from the RDO process. ....... Noted the following informational items with no separate discussion on same: The Reverend Father Andre, St. Mary's ChurchJ regarding Bonanza Days Parade; Certificates of Commendation to Supervising Officer Bob Cooke and Sergeant Dan Crumrine; Proclamation issued by Mayor Hughan: Respect for Law Week - June 23-19, 1986; Assemblymen Areias and Farr regarding Cities of Gilroy and Morgan Hill Long-Term Wastewater Management Plan; and Paul Gann's "California Fair Pay Amendment." The Mayor noted the scheduled meeting of July 14, 1986 at Ridgemark Golf Course in Hollister with Assemblymen Areias and Farr, coastal cities' and counties' officials regarding the Long- .. term Wastewater Management Plan. The Minutes of the Library and Culture Commission Meeting of June 10, 1986 and Study Session of June 30, 1986 were noted. ..- The Downtown Action Committee Minutes of their May 28, 1986; June 11, 1986; and June 30J 1986 were noted. Councilman Palmerlee gave an update of said Committee noting that the Committee is expecting to present a report and recommendation to Council early in the Fall. Discussion was had regarding activities proposed by the Library and Culture Commission specifically in the cultural areas. City Administrator Baksa noted tabling discussion of the East Ninth Street, et al Assessment District pertaining to development fees as the property owners have requested same. Motion was made by Counclman Gage seconded by Councilman Mussallem and carried that the Gubser, et al settlement be approved as submitted and recommended. ..... Discussion was had regarding the lease for the Old City Hall. The City Attorney reported that the lease could be assigned and that maintenance of the property would have to be of major importance for the lessee to be in violation of lease re- quirements. City Administrator Baksa noted that the City recent- ly did minor maintenance of the landscaping at said location. ik,..,~ Councilman Mussallem requested that the Lessee, Hoffman & Associates, be contacted to determine who the lease was assigned to and for what purpose and request that the landscaping be main- tained. P.D. Expan. Proj. AB 3804 So.Co. Alter- natives Co. History Book Office of Emerg.Serv. Leavesley & Monterey Rd. Leaves ley/ Murray Drug Raid ICC Mtg. Adjournment " 5365 Mayor Hughan noted that Council should be'informed of the Pa)11 Gann Fair Pay Amendment in the event of citizen inquiry. City Administrator Baksa distributed and explained an up- date of the Police Expansion Project. Copies of an amendment proposed for AB 3804 (Garr) were distributed to Council noting that it is proposed to be before Committee tomorrow (7-8-86) at 8:00 a.m. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that the proposed amendment to AB 3804 be rejected and that Senator Mello's office be notified of the City's opposition to same. The Mayor reported that South County Alternatives received an allocation of $25JOOO in the County Budget for the proposed educational project estimated to be $50,000.00. Discussion was had regarding the County History Book and gave no indication that the Ctiy would contribute funds for same. Councilman Gage noted an Employee Training Session offered by the Office of Emergency Services to train for handling of equipment in the event of an emergency for $35 per participant. City Administrator Baksa noted that Commander Gardner is investi- gating same to determine benefits for City employees. Councilman Palmer lee requested that the City determine the feasibility of left turn signals at Leavesley and Monterey Road intersection for vehicles traveling west on Leavesley Road and east on Welburn Avenue onto Monterey Road. Discussion was had regarding U-turns on Leavesley Road at Murray Avenue. City Administrator Baksa noted Cal-Trans stand- dards indicate that the intersection is too small to permit U-turns at said location. Councilman Mussallem requested that the Police Chief and Staff be commended for their actions in the recent drug raid. The Mayor noted the Inter-City Council Meeting of July 10J 1986 hosted by the City of Mountain View. At 10:29 p.m., the Mayor adjourned the meeting.