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Minutes 1988/05/02 5622 Posting Agenda Roll Call Award-R. Domanski Consent Calendar Minutes Ord.88-5 PERS Regular Meeting May 2, 1988 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. The City Clerk reported that the Agenda had been posted on April 28, 1988 at 9:00 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 - 8:05 p.m. The Mayor presented a Commendation Award to Ray Domanski, for his heroic lifesaving actions during the recent Drake Apartment fire. 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 Hughan: Approved the Minutes of the Regular Council Meeting of April 18, 1988; Adopted Ordinance No. 88-5 Amending PERSContract to provide retirement credit for unused Sick Leave for Miscellan00us Employees, effective July 1, 1988; ... ,.... Intro.Ord. re: Garbage Recept.acles .... Intro.Ord.re: P.S. Director Bid re: Food Proc. System Pub. Hear. Solid Waste Mgmt. Plan ~ - Res.88-26 r- .... Res.88-27 :,62~. """', J ORDINANCE NO. 88 - 5 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 this 2nd day of May, 1988, by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: Introduced a proposed ordinance amending Sections 12.18 and 12.32 of the Gilroy City Code pertaining to maximum weight of garbage receptacles and refuse bundles; Introduced a proposed ordinance amending Sections 2.47, 2.48, 2.51 and 2.52 of the Gilroy City Code so as to permit appointment of a Public Safety Director. City Administrator Baksa presented and explained a recom- mendation to award the bid of Rain-For-Rent in the amount of $95,374 in 1988 and $97,934.00 in 1989 for the Food Processor System. Motion was made by Councilman Palmerlee seconded by Councilman Kloecker and carried that the bid of Rain-For-Rent in the amount of $95,374.00 for 1988 and $97,934.00 for 1989 be awarded for the Food Processor System as recommended. The Mayor Stated that it was the time and place scheduled for the Public Hearing to Consider a 1988 Amendment to the Santa Clara County Solid Waste Management Plan to establish procedure for review and approval or requests to dispose of nonhazardous solid waste generated outside Santa Clara County at solid waste facilities located in Santa Clara County and to include the recyclery asa',designated transfer/processing facility for municipal solid waste. City Administrator Baska presented and explained the County Staff Report. Councilman Gage suggested that the City consider an amendment to the City's franchise with South Valley Refuse and Disposal Company to protect the City. 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 public hearing. Motion was made by Councilman Gage seconded by Councilman Mussallem that the reading of Resolution No. 88-26 be waived and that it be adopted approving the 1988 amendment to the Santa Clara County Solid Waste Management Plan to establish a procedure for review and approval of requests to dispose of Nonhazardous Solid Waste generated Outside Santa Clara County at Solid Waste Facilities located in Santa Clara County. RESOLUTION NO. 88 - 26 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING 1988 AMENDMENT TO THE SANTA CLARA COUNTY SOLID WASTE MANAGEMENT PLAN TO ESTABLISH A PROCEDURE FOR REVIEW AND APPROVAL OF REQUESTS TO DISPOSE OF NONHAZARDOUS SOLID WASTE GENERATED OUTSIDE SANTA CLARA COUNTY AT SOLID WASTE FACILITIES LOCATED IN SANTA CLARA COUNTY. PASSED AND ADOPTED this 2nd day of May, 1988, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN. COUNCILMEMBERS: None COUNCILMEMBERS: None Motion was made by Councilman Gage seconded by Councilman Mussallem that the reading of Resolution No. 88-27 be waived and that it be adopted. 5624 Trans.Com. Bylaws LATP Re- funding Res.88-28 Res.88-29 Res.88-30 Report RESOLUTION NO. 88 - 27 RESOLUTION OF THE CITY OF GILROY APPROVING 1988 AMENDMENT TO THE SANTA CLARA COUNTY SOLID WASTE MANAGEMENT PLAN TO INCLUDE THE RECYCLERY AS A DESIGNATED TRANSFER/PROCESSING FACILITY FOR MUNICIPAL SOLID WASTE. PASSED AND ADOPTED this 2nd day of May, 1988, by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKE, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: Noted the Transporation Commission's proposed changes to their bylaws and recommendation further explained by Councilman Kloecker. He distributed draft letters for the City's recom- mendations on same. ~ ..... Motion was made by Councilman Hale seconded by Councilman Palmerlee and carried that the City's recommendations as presented in the draft letters be approved and transmitted. City Administrator Baksa noted and explained a proposed Las Animas Technology Park Refunding District No. 2 - Series 88-1 recommending approval of same. Mr. Philip D. Assaf, Bond Attorney, addressed the Council further explaining the Bond proposal of Wulff, Hansen & Company. Motion was made by Councilman Palmerlee seconded by Councilman Gage that the reading of Resolution No. 88-28 be waived and that it be adopted Approving the Agreement for Legal Services. RESOLUTION NO. 88 - 28 RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES - LAS ANIMAS TECHNOLOGY PRK REFUNDING DISTRICT NO.2. PASSED AND ADOPTED this 2nd day of May, 1988, by the following ... vote: AYES: III COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: Motion was made by Councilman Palmerlee seconded by Councilmn Gage that the reading of Resolution No. 88-29 be waived and that it be adopted. RESOLUTION NO. 88 - 29 RESOLUTION APPROVING AGREEMENT FOR ENGINEERING SERVICES - LAS ANIMAS TECHNOLOGY PARK REFUNDING DISTRICT NO.2. PASSED AND ADOPTED this 2nd day of May, 1988, by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: Motion was made by Councilman Palmerlee seconded by Councilman Gage that the reading of Resolution No. 88-30 be waived and that it be adopted. .., RESOLUTION NO. 88 - 30 ..... RESOLUTION OF INTENTION TO CONDUCT REASSESSMENT PROCEEDINGS IN LAS ANIMAS TECHNOLOGY PARK REFUNDING DISTRIT NO.2. PASSED AND ADOPTED THIS 2ND DAY OF May, 1988, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN. COUNCILMEMBERS: None COUNCILMEMBERS: None The Reassessment Report was noted. Res.88-31 ~ ... Res.88-32 Res.88-33 ,..... -...... ~ \ .... 5625 Motion was made by Councilman Palmerle seconded by Councilman Gage that the reading of Resolution No. 88-31 be waived and that it be adopted. RESOLUTION NO. 88 - 31 RESOLUTION APPROVING REASSESSMENT REPORT AND ORDERING REASSESS- MENTS - LAS ANIMAS TECHNOLOGY PARK REFUNDING DISTRICT NO.2. PASSED AND ADOPTED this 2nd day of May, 1988, by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN. COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: Motion was made by Councilman Palmer lee seconded by Councilman Gage that the reading of Resolution No. 88-32 be waived and that it be adopted. RESOLUTION NO. 88 - 32 RESOLUTION AUTHORIZING ISSUANCE OF REFUNDING BONDS - LAS ANIMAS TECHNOLOGY PARK REFUNDING DISTRICT NO.2. PASSED AND ADOPTED this 2nd day of May, 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 Palmerlee seconded by Councilman Gage that the reading of Resolution No. 88-33 be waived and that it be adopted. RESOLUTION NO. 88 - 33 RESOLUTION ORDERING SALE OF REFUNDING BONDS - LAS ANIMAS TECHNOLOGY PARK REFUNDING DISTRICT NO.2. PASSED AND ADOPTED this 2nd day of May, 1988, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN. COUNCILMEMBERS: None COUNCILMEMBERS: None Noted the following informational items with no separate discussion on same: Proclamations Issued by Mayor Hughan: Arbor Day - April 30, 1988; Sober Graduation - 1988; Fetal Alcohol Syndrome Awareness Month - May 1988; Voter Registration Day - May 1, 1988; Flag Day - June 14, 1988 and Pause for the Pledge of Allegiance 7 pm EDT (4 p.m. locally); and Nursing Home Week - May 8-14, 1988; City's Response to a Notice to Pepare an EIR for a County Referral for a Japanese Cultural Center; Gilroy Visitor's Bureau Financial Statements, Board Minutes, Activity Reports for December, through March, 1988; Manuscript for Magazine article and Letters & Press Releases re: Community Events; Report of Investments With Maturities Exceeding One Year; Formula Factors for County Library's Allocation of Personnel and Book Funds in 1988-89 Budget; Santa Clara Valley Water District to Regional Water Quality Control Board re: District Fuel Tank Investigation Agreement with SWRCB. Intergovernmental Council Highlights of the March and April 1988 IGC Meetings; County of Santa Clara Health Department re: Proposed Vector Control District; and 5626 Chf .Acct . Co. Open Space Dist. Adjrnmt. Article on U.S. Supreme Court Decision re: State and Local Bond~. City Administrator Baksa reported that a Chief Accountant had been hired to begin employment with the City on May 16, 1988. City Administrator Baksa reported that the 1988-1993 Budget would be presented at the May 16, 1988 Regular Council meeting. Council set May 23rd and 24, 1988 at 7 p.m. in the Employees' Lounge for Budget Study Sessions. The Mayor asked if there were any volunteers to be Jail Bait for the American Heart Association Fund Activity. Councilman Kloecker reported that he was appointed by the Transit Board of Supervisors to be a member of the Private Sector Participation Advisory Committee. Councilman Kloecker requested approval for his reappoint- ment to the ABAG Board of Directors. Motion was made by Councilman Mussallem seconded by Coun- cilman Palmerlee and carried that Councilman Kloecker's request for reappointment to the ABAG Board of Directors be approved. Councilman Palmerlee inquired if the Santa Clara County Open Space District wll be agendized for approval. Motion was made by Councilman Kloecker seconded by Council- man Palmer lee and carried that Council take action to consider the Open Space District as a matter of urgency since it will be before the Senate Local Government Committee on May 5, 1988. Motion was made by Councilman Kloecker seconded by Councilman Hale and carried that the Santa Clara County Open Space District, Senate Bill be approved. The Mayor noted that this Bill would allow placing same on the Ballot. Councilman Palmerlee inquired if Kenneth Noonan's presentation at the last Study Session of April 18, 1988 would be agendized for formal action. City Administrator Baksa noted that when a particular site is proposed and more definitive information that it will be presented to Council for appropriate action at that time. At 8:44 p.m. the Mayor adjourned the meeting. Respectfully submitted, 4~~~~