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Minutes 1985/05/20 ~ 5130 Roll Call Intro. New Employee Presentation - Hall of Fame Spec. "0" Program Consent Calendar May 20, 1985 Gilroy, California Mayor Pro tempore Gage led the Pledge of Allegiance to the Flag. The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Protempore Gage at 8:01 p.m. Present: Council Members: Paul V. Kloecker, Larry Hussallem, John E. Pate, Pete Valdez, Jr. and Donald F. Gage. Absent: Council- members: Sharon A. Albert and Roberta H. Hughan. The Mayor Protempore introduced new employee Veronica Georges, Police Officer. Hall of a Mr. Bob Dyer, Chairman of the Gilroy Chamber of Commerce of Fame Committee, addressed the Council requesting adoption resolution dedicating the Hall of Fame. Motion was made by Councilman Pate seconded by Councilman Mussallem that the reading of Resolution No. 85-31 be waived and that it be adopted. RESOLUTION NO. 85-31 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DEDICATING THE HALL OF FAME. PASSED AND ADOPTED this 20th day of May, 1985, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: KLOECKER, MUSSALLEM, PATE, VALDEZ and GAGE COUNCIL MEMBERS: NONE COUNCIL MEMBERS: ALBERT and HUGHAN Mr. Rick Kahill, IBM representative, presented a check in the amount of $2,864.00 to Mr. John Borofka on behalf of the Special Olympics Program for a computer. Motion was made by Councilman Kloecker, seconded by Council- man Pate that the following items under the Consent Calendar be approved by the following Roll Call Vote: Ayes: Council Members: Kloecker, Mussallem, Pate, Valdez and Gage. Absent: Council Members: Albert and Hughan. Minutes Dev. Agree.- Raisch Const. & Glen Lorna Bids re:Las Ball Field ..... ..... Pub.Hear. re: Abandonmentu of Easement- Obata Ind. Pk. Res. #85-32 - ... Pub.Hear. re: CATV Rates - - Res. #85-33 51 31 Approved the Minutes of the Regular Council Meeting of May 6, 1985; and Approved Development Agreements for Raisch Construction and for Glen Lorna Corporation, Tract No. 7637, Deer Park. Animas City Administrator Baksa presented a report and recommendation on replacement fixtures for Las Animas Park Softball Field recommending award of the bid to Gilroy Electric in the amount of $6,171. 85. Motion was ma.de by Councilman Mussallem seconded by Councilman Valdez and carried that the bid of Gilroy Electric be awarded in the amount of $6,171.85 for the replacement fixtures at Las Animas Park Softball Field as recommended. The Mayor Protempore stated that it was the time and place scheduled for the Public Hearing of intention to vacate a ten foot public utility easement located within Lot 4 of the Obata Industrial Park. The Mayor Pro tempore 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 Pate seconded by Councilman Mus- sallem and carried that the Public Hearing be closed. Motion was made by Councilman Mussallem seconded by Councilman Valdez that the reading of Resolution No. 85-32 be waived and that it be adopted. RESOLUTION NO. 85-32 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ORDERING VACATION OF A 10 FOOT PUBLIC UTILITY EASEMENT LOCATED WITHIN LOT 4 OF THE OBATA INDUSTRIAL PARK. PASSED AND ADOPTED this 20th day of May, 1985, by the following vote: AYES: COUNCIL MEMBERS: KLOECKER, MUSSALLEM, PATE, VALDEZ and GAGE NOES: COUNCIL MEHBERS: NONE ABSENT: COUNCIL MEMBERS: ALBERT and HUGHAN The Mayor Protempore stated that it was the time and place scheduled for the Public Hearing to consider amending rates and charges for Community Antenna Television System (Falcon Cable TV) . City Administrator Baksa explained the proposed requested basic rate and additional outlet increases. The Mayor Protempore asked if there was anyone present in the audience wishing to speak on the matter. t1s. Joanne Kroqen, 6489 Baron Place, addressed the Council noting that residents in her area were considering installing TV antennas vs. Cahle TV. Motion was made by Councilman Pate seconded hy Councilman Mussallem and carried that the Public Hearing be closed. Mr. Mike Silacci, General r-1anaqer of Falcon Cable TV, addressed the Council and further explained the proposed rate increases. The City Attorney requested Falcon Cable TV's correspondence dated May 3 and 15, 1985, be a part of the record. Motion was made by Councilman Pate seconded by Councilman Mussal- lem that the reading of Resolution No. 85-33 be waived and that it be adopted approving the requested CATV rate increase. RESOLUTION NO. 85-33 RESOLUTION AMENDING RATES A~D CHARGES OF THE COMMUNITY ANTENNA TELEVISION SYSTEM. PASSED AND ADOPTED this 20th day of Hay, 1985, by the following vote: 5132 Special Events Policy Bldg. Security Ordinance Alcohol in Theaters AYES: COUNCIL MEMBERS: 'KLOECKER, MUSSALLEH, PATE, VALDEZ and GAGE NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS : ALBERT and HU,GHAN Discussion was had regarding the effective date of the reso- lution and noted that Falcon Cable TV would settle any disputes of their customers regarding billing increase prior to the e.tfect.ive date of Resolution 85-33 (5-20-85), particularly if converters were not received. Lee Thomas, 95 victoria Drive; and Debbie Malone, 6064 Baron Place, addressed the Council respectively in regard to the converters and rate increase of Falcon Cable TV, further explained by Mr. Mike Silacci. .... - City Administrator Baksa presented the proposed Special' Events Policy and introduced Mr. Mort Levinson, representing the City's insurance carrier who further explained the issue dealing with liquor liability. Motion was made by Councilman Mussallem seconded by Council- man Kloecker and carried that $1,000,000.00 liquor liability in- surance requirement for special events be approved to become effec- tive immediately and that the City be named as additionally insured. Motion was made by Councilman Valdez seconded by Councilman Mussallem and carried that the City obtain liquor liability insur- ance at consistent limits with the City's current policy. Motion was made by Councilman Mussallem seconded by Councilman Valdez and carried that a liquor liability insurance rider be re- quired of anyone using City property where liquor is sold. Motion was made by Councilman Mussallem seconded by Council- man Kloecker and carried that the list defining type of events as recommended in the Special Events Policy be approved as submitted. .... Motion was made by Councilman. Pate. seconded by Councilman Mussallem and carried that the Special Events Policy form, format and Staff Report be approved as recommended. ~_... City Administrator Baksa presented a recommendation that the Building Security Ordinance be approved for the City of Gilroy. Police Chief Cowart further e~plained the proposal. Motion was made by Councilman Pate seconded by Councilman Valdez and carried that the reading of the proposed building security ordinance be waived, introduced and published by title and summary removing Page 15 'regarding Special Security Standards from said ordinance to be implemented through other means. A letter from the Morgan Hill Concerned Citizens' Commission on Drug and Alcohol Abuse was noted. Motion was made by Councilman Valdez to support the Morgan Hill Concerned Citizens' Commission's action against the sale of alcohol in movie theaters. Motion died for lack of a second. ..... The following informational items were noted with no separate discussion on same: '"',,'.... Proclamations issued by Mayor Protempore Gage: Scleroderma Awareness Week - June 10-16, 1985; City's response re: County Referral for Single Family Resi- dence application; Don Renz re: City's presentat.ion at May 10, 1985, State Regional Water Quality Control Board; and Wheeler Hospital re: Mayor Hughan's recent Proclamation. Plan. Com. 5/2/85 ..... RD 83-1, Schaal! Menard - Plan. Dept. Priorities 5133 Council requested that a copy of informational item No. 3 be placed in the City Adrninistrato!:"s personnel file. Counr.ilman Kloecker noted that City Administrator Baksa made an eloquent presentation at said State Regional Water Quality Control Board Meeting on behalf of the City. The Report of the Planning Commission Mcet.ina of ~1ay 2, 1985, was noted. Planning Director Dorn presented and explained a request for modification to RD 33-1. Mr. Ted Schaal and Mr. Roger Menard, Co-Partners of the project, fu!:'ther explaineo the proposed modifications to RD 83-1. Motion was mac.e hy Councilman Valnezseconded bv rouncilman Kloecker and carried that thp. request. for moeificat.ion to RD 83-1 be denied. Councilman Mussallem vot.eCl. "no" on thp. motion. City Adr.1inistrator Baksa presented ane. explained the Planning Department Priori ties and Cmmcil hacl no ob-jectioI'. t.O same. Lib. & Cult. Con. The Minutes o.~ the Library and Culture C'oIn..mission Heeting of 4/9/85 April 9, 1985, were noted. JPSA Com. 5/7/85 Bldg. Dept. Brd. of Appeals So. Co. Jt. Plan. Adv. Com.4/25/85 - Pers. Com. 5/13/85 - Ground Haint. Specialist City/School Liaison Com. 5/1/85 Census ...~-"" .... RWQCB Meeting 5/10/85 The Minutes of the ,Toint PO~,7ers Sewer l\.nvisory rommittee Meeting of May 7, 1985, were not~d. The Hinllt.es of the BlJ.ildina. Department Board of Appeals Meeti!1CT of May 8, 1985, wpre noted. The Minutes of the South County Joint Planning Advisory Committee t1eeting of April 15, 1985, ,,'ere noter3. The Report of .the I'ersonnel Cort'Jnission ;v!eeting of May 13, 1985, was noted. Motion was mac.e ny rounci1man HussalJ.em seconded by Councilman Pate and carried that thl=' ion i1escrintion and classific:ation for Ground Maintenance Specialist be approved as recommended. The Summary of the Minutes of the City/School Liaison Committee Meeting of May ~_, 1985, ~,.,ras noted. It was further noted that Council- member Mussallem was present at said meeting and not listed on said summary. City Administrator Baksa presented the January 1, 1985, estimated .. 6~fisus of 26,132~ Motion was made by Councilman Valdez seconded by Councilman Mussal- lem and carried that the January 1, 1985, estimated census of 26,132 be ap~roved and certified. Councilman Valdez requested specific detailed items regarding the census and it was noted that specific information desired could be re- quested prior to the 1990 cer.sus; that o.etailed j'lformation was not received regarding the current census. The City Administrator gave an update of the Hay 10, 1985, State Regional Water Quality Control Board Meeting noting the following recom- mendations agreed upon by Council: 1. The City will have no Seyler allocation or competition for allocation until July 1985 because of the June 28, 1985, deadline for previous competition. 2. The City will analyze the status of the appeals in July 1985. 3. The City will follow the same criteria previously used for future sewer allocations. 5134 .. 4. ,The Joint Powers Sewer Advisory Committee will estab- lish a firin data base in order that the' same methodology will be used for both cities (Gilroy and Morgan Hill) . Traffic Auth. Policy Mayor Protempore Gage appointed Councilman Kloecker as the Adv. Committee City's representative on the Traffic Authority Policy Advisory re:Meas. A Committee (Measure A) . Communications Agreement City Administrator Baksa noted that a final draft agreeme~t with the County and Cities of Gil~oy and Morgan Hill regarding . communications if forthcoming.. Sewer Allo- cation City Administrator Baksa distributed an information letter from Mr. David Low regarding proposed relocation of his laundromat business and Council's decision sometime in the future regarding sewer allocation, noting that same would be resubmitted to Council when the sewer allocation process begins. Rent Control City Administrator Baksa noted receipt of the five (5) volume Los Angeles Rent Control Study and that same is inconclusive. Mort. Rev. Bonds City Administrator Baksa noted that proposals will be-before American Council at their June 17, 1985, meeting regarding Mortgage Revenue Diversified Bonds requested by American Diversified 160 unit project (80 units received under the sewer allocation process) and noted a delugeoof information proposed for Council review and study for said meeting. ABAG Councilman Kloecker requested copies of any correspondence forwarded to ABAG on their population projections for review and study prior to their Board meeting in June. So. Co. Jt. Plan. Com. Councilman Pate requested City Administrator and Planning Director review the revised background report for the South county Joint Planning Program for their input and comment prior to th~ continued South County Joint Planning Meeting, 1hursday, May 23, 1985, noting that he would supply copies tomorrow. Councilman Kloecker noted that the section regarding" capa- city for San Martin may require rewording for clarification. Adjournment At 10:22 p.m., Mayor Protempore Gage adjourned the meeting. Respectfully submitted, 42#~kr~~