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
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....
-
-
....
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.
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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:
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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;
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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
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....
League
Conf.
Jt.Council
Plan. Com.
Stdy.Sess.
Ord.re:
Maint.Dist.
Las Animas
Pk.Proj.
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Police Exp.
Proj .
Old City
Hall
Plan.Com.
Adjournment
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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.