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.