Minutes 1986/08/11
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Roll Call
August 11, 1986
Gilroy, California
Mayor Hughan led the Pledge of Allegiance to the Flag.
Present: Councilmembers: Sharon A. AlbertJ Donald F.
GageJ Daniel D. Palmerlee, Pete ValdezJ Jr. and Roberta H.
Hughan; Absent: Councilmembers: Paul V. Kloecker and Larry
Mussallem. (7:02 p.m.)
AB 3804 re:
Marine Re-
source Zones
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Old City
Hall
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Dev.Agree.
Harrison &
Jasker
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Discussed a Proposed Amendment to AB 3804 (Sam Farr)
Relating to Marine Resource Zones.
City Administrator Baksa reported that the City of Morgan
Hill is not in accord with Section 23055 (a) and (b) of the
proposed amendment and suggested that all entities be in the
(b) category; even those with valid licenses and permits would
have to upgrade their systems; thus deleting Section 23005 (a).
(At 7:03 p.m. Councilman Kloecker entered and took his seat at
the Council table.)
City Administrator Baksa further reported that Chris Cain
(J. Montgomery Engineers) commented on the last sentence of
Section 23005 (b) noting that same does not provide for a plant
criteriaJ division, or department who would be in charge of
same.
He further reported that Andy Faber, Attorney, concurs
with Chris Cain's comments with additional comments that this
could potentially set up another layer of approval and would be
another additional regulatory authority that may not be in
total consistency with the Regional Water Quality Control
Board. He noted that Mr. Faber suggested to add an amendment
that would coordinate this particular marine zone and place it
in the RWQCB's hands where they would have preemptive control
over the administration of discharges into these resource zone.
Discussion was had by Council on the matter.
Motion was made by Councilman Gage seconded by Councilman
Palmerlee and carried to support Andy Faber's recommendation
and request that the authority be under the Regional Water
Quality Control Board's guidelines to include the City of
Morgan Hill's suggestions under Section 23005(b) "HoweverJ ~
existing or new discharge of treated wastewater into a marine
resource zone shall be considered in accordance with the goals
and policies set forth in this division".
City Administrator Baksa noted that Mr. Faber will
forward a draft letter on his recommendation and the addition
to Section 23005 (b) could be added to his outline.
(Mayor Hughan deviated from the regular agenda to discuss Item
II.B. Police Facility Expansion Project upon arrival of
Councilmember Mussallem.)
City Administrator Baksa reported that negotiations and
discussions were had with a representative of the Small
Business Association and the City has an Agreement to purchase
all the physical assets and the lease of the Old City Hall
Restaurant; total purchase price is $95,000.00 of which a lease
assignment and bill of sales has been signed and awaits the SBA
signature and he distributed an Inventory List of the purchases
to Councilmembers. He noted that the next step will be to rent
the building. He recommended that authorization be given to
amend the 1986-87 Budget and establish an Old City Hall Res-
taurant FundJ total expenditures to date $101,650.00 + tax and
.requested authorization to proceed to attempt to lease the
property,.
Motion was made by Councilman Palmerlee seconded by
Councilman Gage and carried that the purchase of the Old City
Hall assets and lease be approved and authorized as
recommended; that the 1986-87 Budget be amended to allow this
transaction and that an Old City Hall Restaurant Fund be
established as recommended.
City Administrator Baksa presented a recommendation for
approval of the following Development Agreements subject to
Bond approvals by the City Attorney: Harrison Development
Agreement and Jasker Deferred Development Agreement.
Motion was made by Councilman Gage seconded by Councilman
Kloecker and carried that the Harrison Development Agreement
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and Jasker Deferred Development Agreement be ap~roved as pre-
s~nted, subject to bond approvals by the City Attorney as
recommended. .
(Mayor tu6han continued with ~he agenda noting, Coun~ilman Mussal-
lem should be present soon,.)
Police Expans. Continued_discussion-and eonsideration of options for
disposal of contamina'ted soil at the Police Fa.cility Expansion
Proj ect.
City Administrator Baksa reported the matter was
continued because of two major points: 1) Dollar amounts
involved in relation to a potential shut-down; 2) A background
check on Groundwater Technology. He further reported on the
financial implications of the different options.
(Councilman Mussallem entered at 7:23 p.m. and took his seat at
the Council table.)
City Administrator Baksa further discussed the three
major options: 1) Shut down option; 2) Soil extraction-Bldg.
Const. Continue; 3) Vapor extraction-Bldg. Const. Continue).
He presented responses on the background information of Ground-
water Technology prepared by Hazardous Materials Specialist
Olds.
Hazardous Materials Specialist Olds commented on the need
for the vapor extraction method and additional information on
the background of Groundwater Technology.
Discussion was had by Council on the matter.
Motion was made by Councilman Gage seconded by Councilman
Kloecker and carried that Option 3 (Vapor extraction-Bldg.
Const. Continue) be approved and authorization be given to
retain the services of Groundwater Technology to perform the
work. City Administrator Baksa noted that this must receive
approval from the Regional Water Quality Control Board prior to
any work done on the project.
Adjournment
At 7:44 p.m. the Mayor adjourned the Meeting to a Study
Session in the Employees' Lounge on Proposed City Code Changes;
Proposed Sewer/Water Overuse Penalty Ordinance; and Filice
Project - 10th & Chestnut Streets.
Clerk