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Minutes 1986/08/04 5382 Roll Call Consent Calendar Minutes Ord.1I86-10 PERS Claim:Robt. Becker Dev.Agree. Carlson; Barrow & Glen Loma Filice- 10th & Chestnut August 4 J 1986 GilroYJ California Mayor Hughan led the Pledge of Allegiance to the Flag. Present: Councilmembers:Sharon A. Albert, Donald F. Gage, Paul V. KloeckerJ Larry Mussallem, Pete Valdez, Jr. and Roberta H. Hughan; Absent: Councilmember: Daniel D. Palmerlee. The City Attorney noted that a "yes" vote under the Consent Calendar shall constitute denial of the Claim under Item "C". Motion was made by Councilman Gage seconded by Councilman Kloecker that the following items under the Consent Calendar be approved by the following Roll Call Vote: Ayes: Councilmembers: Albert, Gage, Kloecker, Mussallem, Valdez and Hughan: Approved the Minutes of the Regular Council Meeting of July 21,1986; Adopted Ordinance No. 86-10 Authorizing an Amendment to PERS Contract to Provide 2% @ 50 Full formula (from 1/2 @ 55 Full Formula) for Local Police Members and Section 20862.8 (Credit for unused sick leave) for local Fire Members only; ORDINANCE NO. 86-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF GILROY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. PASSED AND ADOPTED 4th day of August, 1986, by the following vote: AYES: COUNCILMEMBERS: ALBERT, GAGEJ KLOECKERJ MUSSALLEMJ VALDEZ and HUGHAN. None PALMERLEE NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: Denied a Personal Injury Claim of Robert Becker, et ux as recommended; and Approved Development Agreements for the following Pro- jects: (Carlson -Eigleberry & First Streets); (Barrow-Renz Lane); and (Glen Loma Professional Offices-Wren Avenue) as recommended. Noted a Request of Val and Ernie Filice for an Extension of Sewer Performance for their Project at Tenth & Chestnut Streets further explained by City Administrator Baksa. The Mayor recommended that Council set a Study Session in regard to this request due to several ramifications to the project and should be discussed at one time and also discuss the installation of an electrolier on the corner of Alexander and Tenth Streets which would give Council an opportunity to discuss the entire project. Mr. Don OroscoJ Developer of the projectJ addressed the Council representing the applicant's request for a six months extension in order to be able to proceed with the project and he explained reasons for the delays. Flood Control Ballot Measure - .... - - .... r;'7.87 '-. v ,) The Mayor noted that this matter will be discussed at the August IIJ 1986 Study Session. City Administrator Baksa requested that applicants be prepared to discuss the East Ninth Street et al Assessment District and waived development fees previously tabled at past Council Meetings at their request. He further requested that the applicants bring their site and other pertinent plans of their project. The Mayor noted that the Santa Clara Valley Water District would make a presentation on their Benefit Assessment District - Ballot Measure. Mr. Bob Smith, Flood Control Manager for the Santa Clara Valley Water District, addressed the Council and thanked the Council for allowing this presentation. He explained Benefit Assessment and requested Council support and endorsement of the Ballot Measure affecting the South Zone assessment increase and changes to the original program approved in 1981, further explaining funds neededJ particular projects and relationship of same to South County. He noted that the proposed South Zone maximum ceiling rate for a residential property owner is $40.00 compared to the $12.74 current rate; in addition instead of a 2% cap the Board is proposing a cap that would be tied into the Consumer Price Index; in addition there is a provision that allows the Board to increase rates beyond that CPI in any two years following a declared disaster on the part of the Governor or the President for purposes of recovering storm damage to their facilities. He noted that the proposed $40.00 rate ceiling the District would generate approximately $790,000. of additional revenue to the South Zone. He noted that this revenue would allow a number of proposed projects to begin earlier than originally proposed including the Llagas Creek Project; Uvas Project completion date 1988. He noted that if the Federal Budget does not provide funds in the FY 87-88 budget there is no way under the present program that they could assure the completion of Uvas Creek without slippage of the Llagas Creek Project; however with the establishment of a $40.00 rate and the use of debt financing there is a possibility that the District could proceed with building the Uvas Creek Project if the Federal government did not foresee appropriations from Congress. He further noted that they might be able to do thisJ subject to their Board approval and may be contingent upon additional support from the City of Gilroy. The new program and proposed increase rates would provide much more flexibility to try to attempt such a project whereas in the current program it would be absolutely an impossibility. In the event that the Federal government does come forth with funds in FY87 the additional revenues would be used to finance short-term notes to accomo- date the construction of Thomas Road and the acquisition of land rights and also speed up the Llagas Project which is currently contemplated to be completed in 1996, completion date then would be approximately 1991 or 1992. Also all of the local work in north Gilroy and federal work would probably be completed by 1989 instead of 1993. Noted that there are signi- ficant benefits to the Gilroy area in particular that can be associated with a $40.00 rate on the Llagas and Uvas Project. He noted that in addition there are a number of other projects throughout the South Zone and explains some of those projects noting that all could be moved up very substantially in time with the assurance of the additional revenue, up through the year 2000. He further noted that there is one other provision in the proposed program and that is the new Sunset provision. He noted that under the present program there is a 10 yr. sun- set which would call for an election in 1991-92; under the pro- posed program the Sunset would be moved to the year 2000 unless there was a debt obligation in the zone that was incurred prior to 1995- if there was a debt obligation the Sunset would occur the year after the year of the debt obligation. Mr. Smith further noted that the new program would allow completion of approximately 90% of their flood control project works County-wide by the year 2000 and will have the flexibil- ity to recover storm damage that will not utilize construction and maintenance program funds. 5384 AB 3804 Marine Resource Zones Ord.86-11 & 86-12-re: Pkg.DisLlll Discussion was had by Council on the matter. Motion was made by Councilman Mussallem seconded by Councilman Kloecker and carried that they endorse the Ballot Measure proposed by the Santa Clara Valley Water District on the November 4th Ballot. Mr. Smith thanked Council and noted that the Draft Report that went to their Board is being finalized and will be provided the City for additional detailed information. He further noted that he previously requested the Mayor to sign the ballot measure argument which will be completed soon. Mayor Hughan noted that she informed Mr. Smith that she would not sign same unless Council supported this issue. - The Mayor asked if there was anyone present in the audience wishing to speak on any matter not on the agenda. There was no comment from anyone in the audience. li<iC.,,1!iIWI' A request of Senator Henry J. Mello for action re: Amend- ment to AB 3804 (Farr) Relating to Marine Resource Zones was noted. Ms. Gail Bathinay, representative from Senator Mello's office, addressed the Council noting that time is of the essence and that said bill could be voted upon as early as next week. Discussion was had by Council on the matter. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried to continue action on this item to an Adjourned Meeting to be held on August 11, 1986 at 7:00 p.m. to precede the previously scheduled Study Session of that date and hour. The following informational items were noted with no separate discussion on same: - Proclamations Issued by Mayor Hughan: a. Teachers' Day (September 28, 1986) Recognizing in addition: Anita James - Brownell Fundamental School and Robert Funk - Gavilan Community College; -- San Francisco Chronicle Article, dated July 24, 1986 re: Gilroy Garlic and Festival; USA Today article, dated July 25J 1986 re: Gilroy Garlic; Certificate of Commendation for Police Department Employee of the Month of June, 1986 - Detective John Marfia; and Report of City Investments with Maturities Exceeding One (1) Year. City Administrator Baksa presented Ordinances establish- ing required revenue for Parking District No. 1 and setting tax rate for said district. Motion was made by Councilman Gage seconded by Councilman Mussallem that the reading of Ordinance No. 86-11 and 86-12 be waived and that they be adopted. .... ORDINANCE NO. 86-11 ...- ORDINANCE OF THE CITY OF GILROY FIXING AMOUNT OF REVENUE FROM PROPERTY TAXES NECESSARY TO PAY BONDED OR OTHER INDEBTEDNESS OF THE CITY OF GILROY OR ANY PORTION OR DISTRICT OF THE CITY OF GILROY FOR THE FISCAL YEAR 1986-1987. PASSED AND ADOPTED this 4th day of AugustJ 1986, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: ALBERT, GAGE, KLOECKER, MUSSALLEMJ VALDEZ and HUGHAN. None COUNCILMEMBERS: COUNCILMEMBER: PALMERLEE .....- .... League Conf. Jt.Council Plan. Com. Stdy.Sess. Ord.re: Maint.Dist. Las Animas Pk.Proj. - Police Exp. Proj . Old City Hall Plan.Com. Adjournment - ~ 5385 ORDINANCE NO. 86-12 ORDINANCE OF THE CITY OF GILROY FIXING THE AD VALOREM ASSESSMENT FOR THE CURRENT FISCAL YEAR 1986-1987 NECESSARY TO PAY BONDED INDEBTEDNESS OF THE CITY OF GILROY AND THE CITY OF GILROY PARKING DISTRICT NO. 1 - FIRST DIVISION. PASSED AND ADOPTED this 4th day of August, 1986, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: ALBERT, GAGE, KLOECKER, VALDEZ and HUGHAN. None PALMERLEE MUSSALLEM, City Administrator Baksa inquired of City Officials intending to attend the League of California Annual Conference in Los Angeles in October 1986. The following requested reservations: Mayor Hughan, Councilmembers: GageJ Kloecker, Palmerlee; City Administrator and City Attorney. Council agreed to scheduling of a Joint Study Session of the GilroyCity Council and Planning Commission for a presenta- tion by the South County Advisory Committee re: Joint Planning Program for September 8, 1986 at 7:00 p.m. or September 22, 1986 as a second choice date. City Administrator Baksa presented a preliminary draft of a proposed ordinance relating to Maintenance Districts for Council review, noting that said ordinance would be agendized for introduction at the August 18, 1986 regular Council Meeting. City Administrator Baksa noted that bids would be adver- tised for the Las Animas Park Project and results presented to Council at their September 2, 1986 regular Meeting. City Administrator Baksa reported on the Soil Testing at the Police Facility Expansion Project and the Golf Course fur- ther explained by Chief Building Inspector James. City Admin- istrator Baksa recommended that a Special Council Meeting be scheduled for Thursday, August 7, 1986 at 4:00 p.m. for Council action on this matter when additional information is expected to be available. Council concurred with the scheduling of said meeting. City Administrator Baksa reported on foreclosure proceed- ings for the interior assets at the Old City Hall and action required by the City on options available that will require Council action prior to the next regular meeting. Council agreed to reschedule the August 7, 1986 Special Meeting to 3:30 p.m. for this matter. Council set Saturday, August 16, 1986 at 9:00 a.m. for a Council Workshop to interview Planning Commission Applicants. At 9:22 p.m. the Mayor adjourned the Meeting to a Closed Session re: City Administrator's annual evaluation. At 10:00 the Mayor reconvened the meeting and further adjourned to August IIJ 1986 at 7:00 p.m. Respectfully submitted ~=E.