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Minutes 1988/04/04 , Posting Agenda Roll Call 5613 Regular Meeting April 4, 1988 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. The City Clerk reported that the Agenda had been posted on March 31, 1988 at 9:43 a.m. Present: Councilmembers: Donald F. Gage, Leonard A. Hale, Paul V. Kloecker, Larry Mussallem, Daniel D. Palmerlee, and Pete Valdez, Jr. and Roberta H. Hughan - 8:07 p.m. 5614 Intro.New Employee Consent Calendar Minutes Renz Lane Impts. Bids re: Landscaping Chestnut Fire Stn. Pub.Hear. Easement Vacation Res.88-16 Pub. Hear. RDO Limits The Mayor introduced a new employee: John Sellen, Public Safety Dispatcher/Clerk I. 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: Gage, Hale, Kloecker, Mussallem, Palmerlee, Valdez and Hugha~: Approved the Minutes of the Regular Council Meeting of March 21, 1988; Approved the Minutes of the Special Council Meeting of March 28, 1988; ] Accepted Improvements for Renz Lane Improvements - James R. ,Barrow, as recommended. City Administrator Baksa presented and explained a recom- mendation to award the bid of West Coast Landscaping in the amount of $17,221.00 for the Chestnut Street Fire Station Land- scaping Project. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that the bid of West Coast Landscaping in the amount of $17,221.00 be awarded for the Chestnut Street Fire Station Landscaping Project as recommended. The Mayor stated that it was the time and place scheduled for the continued Public Hearing to consider vacation of ease- ments at First Street and Kelton Drive, Glen Loma Group. The Staff report was noted and further explained by City Administrator Baksa. The Mayor 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 closed the hearing. ...., Motion was made by Councilman Gage seconded by Councilman Valdez that the reading of Resolution No. 88-16 be waived and that it be adopted vacating the easements as recommended. i ....J RESOLUTION NO. 88 - 16 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ORDERING VACATION OF THE SOUTHERLY FOUR FEET OF THE 24 FOOT ROAD AND UTILITIES EASEMENT ALONG THE NORTHERLY REAR BOUNDARY OF THE PARCEL ON THE NORTHEAST CORNER OF HECKER PASS HIGHWAY AND KELTON DRIVE AND ALL OF THE 35 FOOT AND 6 FOOT ROAD AND UTILITIES EASEMENTS ALONG THE FRONT AND WEST BOUNDARIES OF THE SAME PARCEL. PASSED AND ADOPTED this 4th day of April, 1988, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN. COUNCILMEMBERS: None COUNCILMEMBERS: None The Mayor stated that it was the time and place scheduled for a Public Hearing to consider Annual Numerical Limits for 1989, 1990 and 1991 required by the Residential Development Ordinance. The Staff Report was noted and further explained by Plan- ning Director Dorn recommending cancellation of the competition and setting the limits at zero. ~ I I ....... The Mayor asked if there was anyone in the audience wishing to speak for or against the matter. Mr. Richard Crowley, Executive Vice President of the Build- Industry Association, addressed the Council requesting that zero limits not be set because developers are unable to attract com- mercial and industrial development with no housing available. He further noted that the developers are willing to fund an economic impact study for the City. ,.... .... Res. 88-17 PERS Res.88-18 ............ ....... Intro.Ord.re: PERS Contr. .... .... Res.88-19 Tacco, Japan 5615 Mr. Tim Filice, Glen Loma Group, addressed the Council requesting that the City seek every means economically feasible to keep the planning process moving because "zero" limits sends a "no growth" message to developers. Mr. Lou Tersini, Arcadia Homes, addressed the Council requesting that the City proceed with the RDO process with the understanding, no sewer allocations until available. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. There was no comment from anyone in the audience. The Mayor closed the Public Hearing. Motion was made by Councilman Kloecker seconded by Council- man Palmerlee that the reading of Resolution No. 88-17 be waived and that it be adopted setting Numerical Limits for 1989, 1990 and 1991 to be "0" under the requirements of the Residential Development Ordinance. RESOLUTION NO. 88 - 17 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING NUMERICAL LIMITS FOR RESIDENTIAL DWELLING UNITS TO BE ISSUED BUILDING PERMITS FOR EACH OF THE YEARS 1989, 1990 AND 1991. PASSED AND ADOPTED this 4th day of April, 1988, by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: City Administrator Baksa presented and explained a recommendation to amend the PERS Contract to provide Section 20862.8 (Credit for Unused Sick leave) for local miscellaneous members. Motion was made by Councilman Gage seconded by Councilman Kloecker that the reading of Resolution No. 88-18 be waived and that it be adopted of intention to approve an amendment to the PERS Contract to provide Section 20862.8 (Credit for Unused Sick leave) for local miscellaneous members as recommended. RESOLUTION NO. 88 - 18 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF GILROY. PASSED AND ADOPTED this 4th day of April, 1988 by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN None None NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that a proposed ordinance be introduced and published by title and summary 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 to be adopted May 2, 1988. The Mayor announced that this change in benefit will have no change in the City's employer contribution rate. The Mayor requested that a Resolution be adopted honoring the City of Tacco, Japan - Sister City. Motion was made by Councilman Valdez seconded by Councilman Hale that the reading of Resolution No. 88-19 be waived and that it be adopted honoring Sister City - City of Takko, Japan. RESOLUTION NO. 88 - 19 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY OFFICIALLY DESIGNATING TACCO-MACHI, JAPAN AS A SISTER CITY OF THE CITY OF GILROY. 5616 Nob Hill Family Pk. Dep.City Clk MTC-SAFE Res.88-20 Jasker Sewer Allot. Extn. Gilroy Chamber PASSED AND ADOPTED this 4th day of April, 1988, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN COUNCILMEMBERS: None COUNCILMEMBERS: None Discussion was had regarding Nob Hill Family Park future sewer needs and possible action. A Staff Report was noted and further explained by City Administrator Baksa. The Mayor asked if there was anyone in the audience wishing to speak on the matter. There was no comment from anyone in the audience. .... Motion was made by Councilman Mussallem seconded by Councilman Kloecker and carried that the Staff recommendations as outlined in the City Administrator's memorandum, dated March 31, 1988 be approved as presented, specifically to grant 22,500 gpd sewer allocation to Nob Hill Family Park to start in June 1990. Future allocations (1992 or 1993) totalling an additional 22,500 gpd would be requested once the new wastewater treatment plant is constructed; and that if the entire annexation process is not completed by June 1990 that Nob Hill Family Park will not lose their sewer allocation and will be allowed to connect to the City's sewer system. ...... A recommendation to appoint Rhonda Pellin Deputy City Clerk was noted. Motion was made by Councilman Kloecker seconded by Councilman Hale and carried that Rhonda Pellin be appointed Deputy City Clerk as recommended, effective immediately. A request of the Metropolitan Transportation Commission was noted soliciting the City's Membership in a Regional Service Authority for Freeway Emergencies (SAFE). Motion was made by Councilman Mussallem seconded by Councilman Kloecker that the reading of Resolution No. 88-20 be waived and that it be adopted requesting that priorities be established for the freeway between Cochran and Bernal Roads when SAFE is in effect. IIIIIJ .... RESOLUTION NO. 88 - 20 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AUTHORIZING THE METROPOLITAN TRANSPORTATION COMMISSION AS A REGIONAL SERVICE AUTHORITY FOR FREEWAY EMERGENCIES (SAFE). PASSED AND ADOPTED this 4th day of April, 1988, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN COUNCILMEMBERS: None COUNCILMEMBERS: None A request of Mr. Lloyd E. Martin, (Jasker, Inc.) for an extension of sewer allotment for the Jasker Industrial Park on Murray Avenue was noted and further explained by City Adminis- trator Baksa recommending denial of the request. Discussion was had by Council on the matter. Heard from Mr. Martin further explaining his request. Motion was made by Councilman Mussallem seconded by Councilman Kloecker and carried that Lloyd E. Martin, be granted a one year extension of sewer allotment for the Jasker Industrial Park, from August 15, 1988 (extending time building permit can be issued) to August 15, 1989 with the stipulation that 50% of the fees are to be paid immediately and 50% of the fees to be paid by August 15, 1988. ~ ..... The Mayor noted that Marie Callender Restaurant had voided their sewer agreement. A request from the Gilroy Chamber of Commerce for funds for a booth rental and expenses at the San Jose Development Tour was noted and City Administrator Baksa noted that funds would not be needed; however, volunteers to work the booth are requested. ...... ... JPSA 2-9-88 - .... Meetings Adj rnmt . ~ ..... 5617 Councilmembers Hale and Valdez noted that they would volunteer to work in the booth. The following informational items were noted with no separate discussion on same. Scott McIntyre, Hercules, CA regarding Prayers; Santa Clara Water District re: Uvas Carnadero Levee Project; Report on Investments with Maturities Exceeding One Year; Santa Clara County Traffic Authority Annual Report for 1987; Minutes of the Gilroy Downtown Development Corporation Meeting of March 11, 1988; Santa Clara Valley Water District re: Construction Date of the West Branch Llagas Creek Box Culvert at Leavesley Road and State Highway 152; and Proclamation Issued by Mayor Hughan: Child Passenger Safety Week - May 1-8, 1988. Noted the Minutes of the Joint Powers Sewer Advisory Com- mittee Meeting of February 9, 1988. City Administrator Baksa noted the Council Study Session of April 11, 1988 - 7:00 p.m. to be in the Employees' Lounge, City Hall, Gilroy and requested Councilmembers bring the Staff Report from Wulff, Hansen & Co. enclosed in the Council packet of this meeting. City Administrator Baksa noted that the proposed Reorgani- zation of Public Safety Director concept and the consolidation of the Hazardous Materials and Pretreatment Program will be presen- ted to Council at their next regular meeting of April 18, 1988. Councilman Kloecker requested that copies of the City's response to the Draft EIR of Vintner's Show Case be forwarded to the members of the South County Advisory Planning Committee. The Mayor noted the City Council Study Session of April 11, 1988 - 7:00 p.m. to discuss bonding options for Gilroy's share of the new Wastewater Treatment Plant. The Mayor noted the Inter-City Council Dinner Meeting of April 14, 1988 - 6:30 p.m. in Palo Alto. The Mayor noted a scheduled Open House at Zen Plants on April 16, 1988 - 5:30 to 7:30 p.m. for the Japanese Tour. At 10:03 p.m. the Mayor adjourned the meeting to a Closed Session re: Litigation in accordance with Section 54956.9 (c) of the Government Code re: State Board of Equalization and Exposure to Litigation in accordance with Section 54956.9 (b)(I) of the Government Code. At 10:15 p.m. the Mayor reconvened the meeting and further adjourned. Respectfully submitted, 4~~ . Susanne E. Steinmetz, City