Loading...
Minutes 1987/09/21 I 5554 Posting Agenda Roll Call Consent Calendar Res.87-64 Las Animas Grant Regular Meeting September 21, 1987 Gilroy, California The Mayor Protempore led the Pledge of Allegiance to the Flag. The City Clerk reported that the Agenda had been posted on September 17, 1987 at 9:09 a.m. Present: Councilmembers: Sharon A. Albert, Donald F. Gage, Paul V. Kloecker, Daniel D. Palmerlee, Pete Valdez, Jr. and Larry Mussallem; Absent: Councilmember: Roberta H. Hughan. 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, Palmerlee, Valdez and Mussallem; Absent: Councilmember: Hughan; Adopted Resolution No. 87-64 Authorizing Filing an Applica- Application for Las Animas Park Northwestern Addition Grant; "... Dev.Agree. Carriage Hills III .... Improve- ments Minutes Pub. Hear. Easement Vacation Res .1187-65 .... .... Pub. Hear. USA Applic. .... ... 5555 RESOLUTION NO. 87 - 64 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE COMMUNITY PARKLANDS ACT OF 1986 FOR THE LAS ANIMAS PARK NORTHWESTERN ADDITION. PASSED AND ADOPTED this 21st day of September, 1987, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: ALBERT, GAGE, and MUSSLLEM None HUGHAN KLOECKER, PALMERLEE, VALDEZ Approved Carriage Hills III, Brentwood Development, Tract No. 8052 Hills Development Agreement as recommended; Accepted the following improvements as recommended: Meads II,' Tract No. 7856; Commercial Building, Bonfante & Hogue, Church Street; and Tenth Street Overlay and Repair 1987-1; and Approved the Minutes of the Regular Council Meeting of September 8, 1987. The Mayor Protempore stated that it was the time and place scheduled for a Public Hearing of Intent to Vacate an Easement for Constructing and Maintaining a Levee on Old Orchard Company, Tract 7988. City Administrator Baksa noted and explained the Staff Report. The Mayor Protempore asked if there was anyone in the audience wishing to speak on the matter. There was no comment from anyone in the audience. The Mayor Protempore closed the Public Hearing. Motion was made by Councilman Gage seconded by Councilman Kloecker that the reading of Resolution No. 87~65 be waived and that it be adopted Ordering Vacation of said Easement. RESOLUTION NO. 87 - 65 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ORDERING VACATION OF AN EASEMENT FOR CONSTRUCTING ANDMAINTAINING A LEVEE ON OLD ORCHARD COMPANY TRACT 7988. PASSED AND ADOPTED this 21st day of September, 1987, by the following AYES: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, and MUSSALLEM. None HUGHAN. PALMERLEE, VALDEZ NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: The Mayor Protempore stated that it was the time and place scheduled for a Public Hearing to consider the 1987 Urban Service Area Revision Requests of 173 acres. Senior Planner Myer presented and explained the Staff Report. The Mayor Protempore asked if there was anyone in the audience wishing to speak on USA 87-1 application. Mr. David Koombs, representing USA 87-1, The William Lyon Company, addressed the Council urging inclusion of this property in the Urban Service Area. The Mayor Protempore asked if there was anyone in the audience wishing to speak for or against USA 87-2 application. Mr. Geary Coats, representing USA 87-2 and 87-3 addressed the Council urging inclusion of these properties in the Urban Service Area. 5556 Res.87-66 Gilroy H.S. The Mayor Protempore asked if there was anyone in the audience wishing to speak for or against USA 87-4 Application. Mr. H. C. Miller, representing Sierra Valley Lines Bus Company, addressed the Council requesting inclusion of the USA 87-4 in the Urban Service Area, noting that the company would be agreeable to annexation of the territory and any other requirements of the City. He further noted that the Company would be forced to relocate outside of Santa Clara County if this area is not included in the Urban Service Area. The Mayor Protempore asked if there was anyone further in the audience wishing to speak for or against the Urban Service Area requests. There was no comment from anyone in the audience. The Mayor Protempore closed the Public Hearing. ~ ...... Discussion was had by Council on the matter. Council reopened the Public Hearing to hear additional testimony from H. C. Miller in regard to the total acreage requested for inclusion in the Urban Service Area. Motion was made by Councilwoman Albert seconded by Councilman Palmerlee and carried that USA 87-1 be denied. Motion was made by Councilwoman Albert seconded by Councilman Palmerlee that USA 87-2 be denied. Mayor Protempore Mussallem did not vote on the motion due to a conflict of interest. Motion was made by Councilwoman Albert seconded by Councilman Palmerlee and carried that USA 87-3 be denied. Motion was made by Councilman Gage seconded by Councilman Valdez that USA 87-4 be approved for inclusion in the Urban Service Area, by the following Roll Call Vote: Ayes: Councilmembers: Gage, Valdez and Mussallem; Noes: Councilmembers: Albert, Kloecker and Palmer lee. Motion was not carried due to the tie vote. It was noted that action on USA 87-4 be tabled to the October 19, 1987 regular Council Meeting and noted that the formal resolution also ..... be voted upon at that meeting when all Councilmembers are present. City Administrator presented a resolution authorizing Staff to apply to the Regional Water Quality Control Board for Waste Discharge Requirements for operation of a Denitrification Waste- water Treatment Facility and Making Findings. He also presented a letter from Mr. Bruce Tichinin regarding the proposed resolution. It was also noted that the Joint Powers Sewer Advisory Committee had recommended approval of said resolution. ...... Motion was made by Councilman Gage seconded by Councilman Valdez that the reading of Resolution No. 87-66 be waived and that it be adopted. RESOLUTION NO. 87 - 66 RESOLUTION OF CITY COUNCIL OF GILROY AUTHORIZING STAFF TO APPLY TO THE REGIONAL WATER QUALITY CONTROL BOARD FOR WASTE DISCHARGE REQUIREMENTS FOR OPERATION OF A DENITRIFICATION WASTEWATER TREATMENT FACILITY AND MAKING FINDINGS REGARDING COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. PASSED AND ADOPTED this 21st day of September, 1987, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: ALBERT, GAGE, KLOECKER, PALMERLEE, and MUSSALLEM. None HUGHAN. ..... VALDEZ ..... COUNCILMEMBERS: COUNCILMEMBER: A Petition signed by some of the neighborhood in the vicinity of Gilroy High School regarding loitering and littering problems was noted. City Administrator Baksa presented and explained the Staff Report noting that the City and School are working together to attempt to resolve the problems. r- I ... "... I ~ "... i f ... So.Flood Control Zone Rep. J.Montgomery Contract Amendment Co.Vector Control Dist. Mesa Rd. Reorg.87-2 Res.87-67 Lib.&Cult. 7.14.87 P.& R.Com. 8/18/87 5557 A request of the Santa Clara Valley Water District was noted for a nomination of a City Representative on the South Flood Control Zone Advisory Committee for the October 1, 1987-88 Term. Motion was made by Councilwoman Albert seconded by Councilman Palmer lee and carried that Councilman Mussallem be nominated for reappointment as City Representative on the South Flood Control Zone Advisory Committee for the October 1, 1987-88 term. City Administrator Baksa presented a Contract Amendment No. 1, Benthic and Algae Studies with James M. Montgomery for the Predesign of Long-term Wastewater Facilities noting that the Joint Powers Sewer Advisory Committee had recommended approval of same. Motion was made by Councilman Gage seconded by Councilman Valdez and carried that Staff be authorized to Execute the Predesign Contract Amendment No.1, Benthic and Algae Studies for the Predesign of Long-term Watewater Facilities Contract with James M. Montgomery as recommended. City Administrator presented and explained a request of the County of Santa Clara to join the proposed Vector Control District. Motion was made by Councilman Gage seconded by Councilman Kloecker that the City supports and consents to joining the Vector Control District proposed by the County of Santa Clara. A Petition for Annexation of Uninhabited Territory Designated as "Mesa Road Reorganization 87-2" of the City of Gilroy was noted, 100% consent and approved by LAFCO August 12, 1987. Motion was made by Councilman Gage seconded by Councilman Kloecker that the reading of Resolution No. 87-67 be waived and that it be adopted. RESOLUTION NO. 87 - 67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY PURSUANT TO DIRECTION BY SANTA CLARA COUNTY LOCAL AGENCY FORMATION COMMISSION WITH REGARD TO A REORGANIZATION PURSUANT TO THE DISTRICT REORGANIZATION ACT OF 1965 DESIGNATED AS MESA ROAD REORGANIZATION 87-2. PASSED AND ADOPTED this 21st day of September, 1987, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: ALBERT, GAGE, KLOECKER, and MUSSALLEM. None HUGHAN PALMERLEE, VALDEZ The following informational items were noted with no separate discussion on same: Proclamations Issued by Mayor Hughan: Chamber of Commerce 1987 Man of the Year - William E. Ayer; Chamber of Commerce 1987 Woman of the Year - Suellen Rowlison; Drug Abuse Prevention Awareness Week and Red Ribbon Week - October 25-31, 1987; and Fire Prevention Week, October 5-9, 1987; State Department of Transportation Informational Meetings re: Proposed Construction of a Major Locomotive Maintenance Facility for the CalTrain Peninsula Commute Service; and The Food Bank End of the Year Report for the Gilroy Brown Bag Sites. The Minutes of the Library and Culture Commission Meeting of July 14, 1987 were noted. The Minutes of the Parks and Recreation Commission Meeting of August 18, 1987 were noted. The Minutes of the Senior Advisory Board Meeting of July 20, 1987 were noted. 5558 Pers.Com. 9/14/87 Hrly. Emp. Handbook Urb. Forester & HCD Coord. School Busing Res.87-68 Adjrnmt. The Minutes of the Gilroy Golf Course Advisory Board Meeting of July 21, 1987 were noted. The Report of the Personnel Commission Meeting of September 14, 1987 was noted. Motion was made by Councilman Gage seconded by Councilman Palmerlee and carried that the Hourly Employee's Handbook be adopted as recommended. Motion was made by Coujncilman Kloecker seconded by Council- Councilman Gage and carried that Urban Forester be reclassified from Range 32 to 32.5 as recommended effective October 1, 1987 and that HCD Coordinator be reclassified from Range 35 to 35.5 as recommended, effective October 1, 1987. 1 ....... City Administrator Baksa presented petitions and Staff Report regarding the School Busing situation. City Administrator Baksa presented a resolution implementing the provisions of Section 414(h)(2) of the Internal Revenue Code re: PERS contributions. Motion was made by Councilman Gage seconded by Councilman Valdez that the reading of Resolution No. 87-68 be waived and that it be adopted. RESOLUTION NO. 87 - 68 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY IMPLEMENTING THE PROVISIONS OF SECTION 414(h)(2) OF THE INTERNAL REVENUE CODE RELATING TO PERS CONTRIBUTIONS. PASSED AND ADOPTED this 21st day of September, 1987, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: ALBERT, GAGE, KLOECKER, and MUSSALLEM None HUGHAN. .., i ....J PALMERLEE, VALDEZ COUNCILMEMBERS: COUNCILMEMBERS : City Administrator Baksa requested Councilmembers return their previous years budget binder. The Mayor Protempore noted the Wine and Pasta Festival at Christmas Hill Park September 26th-27, 1987. Councilman Gage noted that the JPA September 22 meeting has been cancelled. Councilman Kloecker noted that ABAG will be conducting five Planner Outreach Sessions in nine Bay Area Counties and requested that Staff contact them to request one of their sessions be held closer to South County. Councilman Palmerlee requested a Progress Report and Update on the proposed vicious dog ordinance. Motion was made by Councilman Kloecker seconded by Councilman Valdez that the October 5, 1987 regular Council Meeting be cancelled and that this meeting adjourn to October 19, 1987. Mayor Protempore Mussallem was complimented on his excellent job Chairing the meeting. .... I ....... At 9:25 p.m. the Mayor Protempore adjourned to a Closed Session re: Personnel Matter in Accordance with Section 54957 of the Government Code. 1 '" 5559 At 10:20 p.m. the Mayor Protempore reconvened the meeeting and further adjourned to October 1~, 1987. Respectfully submitted, rk