Loading...
Minutes 1985/09/03 Roll Call ..... -- Res. #85-54 N. Goodrich Employee of Month AAA Award - Consent Calendar Minutes Levee Reconst. Proj. 85-2 5169 September 3, 1935 Gilroy, California Mayor Hughan led the Pledge of Allegiance to the Flag. The Regular Meeting of the Gilroy City Council was called to order by Her Honor Roberta ... Hughan at 8:04 p.m. Present: Councilmembers: Sharon A. Albert, Donald F. Gage, Paul v. Kloecker, Larry Mussallem, John E. Pate, Pete Valdez, Jr. and Roberta H. Hughan. re: The Mayor presented and read a resolution in memory of Norman B. Goodrich, retired Mayor. Motion was made by Councilman Pate seconded by Councilman Gage that Resolution No. 85-54 be adopted. RESOLUTION NO. 85-54 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY IN MEMORY OF RETIRED MAYOR NORMAN B. GOODRICH. PASSED AND ADOPTED this 3rd day of September, 1985, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VJI_LDEZ and HTTGHJl_N NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL .MEMBERS: NOEE The Mayor noted E:rnJ)loyee of t~e Month JlJrJard for July 1985, pre- sented to Bernie Muniz, Parks and Recreation Department, at the City Barbecue. The Mayor noted Employee of the Year (1984-85) Award, Michelle Costa, Police Department, presented prior to the City Barbecue. Ms. Costa addressed the Council in respect to said award. A representative from the AAA addressed the Council and presented the Mayor with a Pedestrian Safety Citation Award under the AAA Pedes- trian Protection Program. Motion was made by Councilman Gage seconded by Councilman Mussallem that the following items under the Consent Calendar be approved by the following Roll Call Vote: Ayes: Councilmembers: Albert, Gage, Kloecker, Mussallem, Pate, Valdez and Hughan: Approved the Hinutes of the Regular Council Heeting of August 19, 1985; Accepted Levee Reconstruction Project 1985-2 and recommended; Def. Dev. Agrees. Hope Rehab. & and Tomey Approved Deferred Development Agreements with Hope Rehabilitation with R. C. & E. Tomev as recommended; and Sr. Center Project Fertilizer Bids - - HCD Funds Approved a Negative Declaration for the Gilroy Senior Center Project as recommended. City Administrator Baksa presented a recommendation to award a bid to Moyer Chemical, Salinas, in the amount of $13,598.84 for fertilizer. Motion was made by Councilman Gage seconded by Councilman Pate and carried that the bid of Hoyer Chemical in the amount of $13,598.84 be awarded as recmr,rnended for fertilizer. Council requested information on the City's bidding process, and it was noted that same will be explained at the Finance Departmental Report to Council on September 30, 1985, regular adjourned meeting. The Mayor deviated from the regular Agenda in order to accommodate interested persons in the audience. The Mayor noted the South County Housing request for reallocation of HCD funds for their project continued from the August 19, 1985, regular Council Meeting. 5170 Res. #85-55 & 85-56 re: Re- funding Bonds Las Animas Tech. Pk. City Administrator Baksa explained the Department of Public Works and HCD Grant Coordinator Reports. Ms. Marie Juncker, representing South County Housing, further explained the request and need to expedite the City's process for said funds needed. Mot.ion was made by Councilwoman Albert seconded by Councilman Valdez and carried that a Public Hearing be scheduled to consider transfer of HCD Funds from the Storm Sewer Project to South County Housing Project. (Said hearing to be scheduled for September 16, 1985.) Mr. Philip D. Assaf, Bonding Attorney, addressed the Council and presented resolutions required to refund bonds - Las Animas Technology Park Assessment District. .... "''''. Motion was made by Councilman Pate seconded by Councilman Gage that the reading of Resolution No. 85-55 be waived and that it be adopted of Intention to Make Changes and Modifications as recommended. RESOLUTION NO. 85-55 A RESOLUTION OF INTENTION TO MAKE CHANGES AND MODIFICATIONS - LAS ANIMAS TECHNOLOGY PARK ASSESSMENT DISTRICT. PASSED AND ADOPTED this 3rd day of September, 1985, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HGUAN COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE Motion was made by Councilman Pate seconded by Councilman Gage that the reading of Resolution No. 85-56 be waived and that it be adopted of determination and of intention to refund special assessment bonds and to levy reassessments as security for the re- funding bonds to be issued, as recommended. .... RESOLUTION NO. 85-56 - A RESOLUTION OF DETERMINATION AND OF INTENTION TO REFUND SPECIAL ASSESSMENT BONDS AND TO LEVY REASSESSMENTS AS SECURITY FOR THE REFUNDING OBNDS TO BE ISSUED - LAS ANIMAS TECHNOLOGY PARK ASSESS- MENT DISTRICT. PASSED AND ADOPTED this 3rd day of September, 1985, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE The Mayor continued with the regular Agenda. Cont'd Pub. Hear. The Mayor stated that it was the time and place scheduled for re: A. Sewer the continued Public Hearing to cohsider establishing rates and fees System for the Agricultural Sewer System. The Staff Report was noted and further explained by City Administrator Baksa. A letter from Gilroy Foods concurring with the City Adminis- trator's recommendation within said report was noted. - Councilman Pate noted that he would not take part in the dis- cussion nor action on same due to a conflict of interest regarding this hearing. i<:.'~"';. City Administrator Baksa further explained the Staff Report and events leading up to this hearing. The Mayor asked if there was anyone in the audience wishing to speak on the matter. Mr. Maxwell Freeman, attorney representing Gilroy Canning Co., addressed the Council requesting that any rates established be for the - .... - - - Res. #85-57 517'1 Ca.pi tal ImproveIYIent proj ect for the Aar icul tural Mewer S:1stem on an interim hasis; noting opposition to establishing permanent rates for Operation and Mainetenance of the system. He further recommended that an authority of lease arrangement be established by the City to allow the industries to operate and maintain the agricultural system to reduce costs. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. Mr. John Filice, attorney representing Garden oalley Foods, addressed the Council and distributed a letter to Council concurring with the Staff Report and agreeing generally with the conclusions. He recom- mended that the rates be based upon the January 1985 agreement. He further noted concurrence with a separate authority or agency to operate and maintain the distribution system and recommends that the City Ad- ministrator pursue long-term financing. Mr. Robert Ilse, President of Gilroy Cannin~, addressed the Council recommenning.that Council hold a Study Ression to hear the issue, concurring with interim action on the capital improvements but not with action on permanent rates. Mr. Chris Cain, James MontgoIYIery Engineers, addressed the Council and suggested that the industries consider entering into formal contract with the City for the Agricultural Sewer. System in order to obtain financing for the capital improvements. Mr. John Filice addressed the Council noting that the City has a valuable asset with the system and if an industry defaulted in their payment, he believes another industry would replace them. without any difficulty. Mr. Gene Blattman, Gentry, addressed the Council noting that he agrees with proceeding on an interim basis and is not prepared to indicate whether or not Gentry would pa.rticipate in the authority operation and maintenance concept. He further noted that he agrees with the City Administrator's report. Mr. Bob Kramer, Gilroy Foods, addressed the Counctl noting that the letter submitted is their position and that they are willing to investigate other alternatives. 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. Motion was made bv Councilman Gage seconded by Councilman Valdez and carried that the Public Hearing be closed. Discussion was had by Council on the matter. Motion ,,,as made by Councilman Mussallem seconded by Councilman Gage and carried that the. Public Hearing be reopened in order to hear Mr. Mario Del Solar, Gentry. Hr.. Mario del Solar, Gentry, addressed the Council noting that he concurs with the allocated percentaqes on an interim basis. He noted that he believes that there was no formal aqreement approved by the industries; that Gentry will continue to pay on an interim basis and will continue to attempt to work with the city on the matter. 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. Motion was made by Councilman Mussallem seconded by Councilman Gage and carried that the Public Hearing be closed. Further discussion was had by Council on the Flatter. Motion was mace by Councilman Gage seconded by Councilman Mussal- lem that the reading of Resolution No.'85-27 be waived and that it be adopted reaffirming the interim cost-sharing schedule for the construction ::unds as outlined on Page 1 0:: the City 1I.dmi~is.trator' s report dated July 22, 1985, effective for a 60 day period (notinc Councilmembers Eughan and Gage and the City ll.dministrator work ,..,it~, the industries to attempt to reach a solution for future funding). 5172 Res. #85-58 Res. #85-59 Gilroy Jaycees Carnival RESOLUTION NO. 85-57 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING AN INTERIM COST SHARING SCHEDULE FOR THE PIPE DISTRIBUTION PROJECT AMONG THE USERS OF THE AGRICULTURAL SEWER SYSTEM. PASSED AND ADOPTED this 3rd day of September, 1985, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, VALDEZ and HUGHAN NONE PATE NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBER: Motion was made by Councilman Gaqe seconded by Councilman Valdez that the reading of Resolution No. 85-58 be waived and that it be adopted pertaining to operations and maintenance costs as outlined on Page 5, Items (a) and (b) of the City Administrator's Report, dated July 22, 1~85, effective for a 60 day interim period. - 00""'''- RESOLUTION NO. 85-58 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING AN INTERIM PAST DEBT SERVICE AND CEASE AND DESIST COST SCHEDULE AMONG THE USERS OF THE AGRICULTURAL SYSTEM. PASSED AND ADOPTED this 3rd day of September, 1985, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, VALDEZ and HUGHAN NONE PATE NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBER: Motion was made by Councilman Gage seconded by Councilwoman Albert that the reading of Resolution No. 85-59 be waived and that it be adopted pertaining to costs of operation and maintenance, specifically as outlined on Page 6, Item (2) of the City Administra- tor's Report, dated July 22, 1985, ef:Eective fora 60-day interim period. RESOLUTTION NO. 85-59 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING AN INTERIM COST SHARING SCHEDULE FOR OPERATION AND MAINTENANCE AMONG THE USERS OF THE AGRICULTURAL SEWER SYSTEM. PASSED AND ADOPTED this 3rd day of September, 1985, by the following vote: AYES: - COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, VALDEZ and HUGHAN NONE PATE NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBER: Council scheduled a meeting date of September 16, 1985, at 4:00 p.m. with Councilmembers Hughan, Gage and the City Administrator and Chris Cain to meet with the four industries to attempt to work out a solution. The industries indicated their c9ncurrence with the scheduled date. City Administrator Baksa requested that the industries be prepared to present recommendations at the meeting. The industries indicated they would meet prior to meetlng with the City representatives. At 10:40 p.m., the Mayor declared a recess and reconvened the meeting at 10:42 p.m. A request of the Gilroy Jaycees for approval to sponsor a carnival September 11 through 15, 1985, was noted. ....... lO,tl;-i. City Administrator Baksa explained the First Street businesses' concern of parking and litter complaints existing during carnival activities. Mr. Bobby Cohn, representing Foley & Burke Western Shows, addressed the Council noting that his company has always policed their carnivals, maintained proper garbage and trash collections and works with adjacent property owners. Motion was made by Councilman Mussallem seconded by Council- woman Albert and carried that the Gilroy Jaycees' request to sponsor a carnival at the requested dates be approved subject and contingent upon their' working with the adjacent property owners in regard to parking and litter. - - JPSA Mtg. 8-13-85 Police Dept. Expansion Project - Lifeguard Med. Ins. 5173 Motion was made by Councilman Mussallem seconded by Councilman Kloecker and withdrawn to ban special events on private property on First Street from Monterey Street to Westwood Drive to allow a hearing to be scheduled (10-21-85) to allow all concerned with special events . . . . . .' -' to speak on the matter prior to declaring a han of special events on First Street. The following informational items were noted with no separate discussion on same: Congressman Zschau re: Fair Labor Standards Act; Fire Chief's appreciation to local citizens. for their assistance; and Draft EIR Lawrence Village Oaks Commercial Project. The Minu'ces 0" the ,Jcd.nt Powers Sewer Advisory.Committee Meeting of August 13, 1985, were noted. City Administrator Baksa presented Police Department Expansion Project Feasibility Study and Schematic Design further explained by Ernie Ericson, architect. Mr. Ericson noted that he is not: rertuest.ing a.pproval of the elevations at this time but is seeking direction on slump stOi1e vs. veneer surface and windrn~s desired. Council agreed upon slump stone surface and windows in thirds as shown on the sc~ematic designs presented. City Administrator Baksapresented a report on'1?ublic Safety Impact Fee Analysis for 1985-2005 and explained the proposal for funding the police expansion project. Motion was made by Councilman Valdez seconded by Councilwoman Albert and carried that Staff be authorized to' proceed with the Police Department Expansion Project as presented. City Administrator Baksa presented a recommendation to approve a contract for "Lifeguard'" Medical Insurance Plan option for city employees. Motion was made hy Councilman Gage seconded by Councilman Kloecker and carried that the City be authorized to enter into a contract for Li~eguard Medical Insurance Plan as an,option for city employees as recommended. Inter-Community Hospital the the Gen. Plan Amendments ~ .... Uvas Cr. Project Computer City Administrator Baksa presented an EIR review timeline for Intercommunity Hospital proposal. Discussion was had in regard to project. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that the Council will help the applicant of the Intercommunity Hospital in their process where possible. City Administrator Baksa presented a schedule of General Plan Amendment proposals. City Administrator Baksa noted Dennis DeBell's will naming the City as recipient of $1,000,000.00 for the Uvas Creek project. Motion was made by Councilman Gage seconded by Councilwoman Albert and carried that some future recognition name Mr. DeBell in an element of the Uvas Park Preservation Project. City Administrator Baksa gave an update on the computer bids, noting that in-house demonstrations would be scheduled. City A~inistrator Baksa requested that Councilmembers submit their sewer treatment plant priority forms by September 4, 1985. i 5174 Adjournment '> City Administrator Baksa gave an update of the Downtown Task Force. City Administrator Baksa noted the first meeting of the sewer allocation process scheduled fo~ September 10, 1985 and requested that commercial and industrial applicants submit their requests to him immediately. He further requested that newspaper coverage be given on this matter. Council agreed that the City Administrator's routine evalua- tion be scheduled for a elosed Session on September 30, 1985. Councilman Mussallem noted the Joint Powers Sewer Advisory Committee members receiving Morgan Hill's re-evaluation of resi- dential flows and requested that the other Council members not on the Committee receive same. City Administrator Baksa noted that he would send out Morgan Hill's and Gilroy's re-evaluations to Council this week. The Chamber Citizens' Advisory Committee on School/Infra- structure Financing Meeting scheduled for weptember 19, 1985, at 5:15 p.m. at the City Hall was noted. City Administrator Baksa noted that it was discussed at the Joint Council/School Board Study Session that if this Committee is a Chamber of Commerce committee, it should not be represented pri- marily by City and School representatives, especially since all are on the Liaison Committee. The MayoL suggested that the current members attend the first meeting and decide the makeup of the committee and possible re- organization of same at that time and report back to Council on the matter. . The Mayor noted the Council Study Sessions re: sewer alloca- tions, September 10, 11, 17 and. 18, 1985, Council Chambers, 3:00 p.m. to 6:00 p.m. The Mayor noted the Gilroy Chamber of Commerce Annual Meeting, September 27, 1985, at 6:30 p.m., Giiroy Elks' Lodge. At 11:52 p.m., the Mayor adjourned the meeting to a Closed Session re: Kabine Mara Litigation. At 12 : 15 a.m., September 4"1985, the . Mayor ,reconvened the meeting and further adjourned. Respectfully submitted, AUA~-<Ih' _ ~ City Cler~