Minutes 1987/06/01
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Posting
Agenda
Roll Call
Intro.New
Emp.
Consent
Ca+endar
5521
". .."
Regular Meeting
June 1, 1987
Gilroy, California
Mayor Hughan led the Pledge of Allegiance to the Flag.
The City Clerk reported that the Agenda had been posted on
May 27, 1987 at 6:27 p.m.
Present: Councilmembers: Sharon A. Albert, Donald F. Gage,
Paul V. Kloecker, Larry Mussallem, Daniel D. Palmerlee, Pete
Valdez, Jr. and Roberta H. Hughan. (8:03 p.m.).
The Mayor noted introduced new employee, Gregory V. Flippo,
Police Officer and noted new employee, John Cather, Maintenance I
(Water Div.) not present for introduction.
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, Mussallem, Palmerlee, Valdez and Hughan:
5522
Minutes
Ord.87-9
Ord.87-10
Minutes
Impts. Freed-
man &
Pappani
Dev.Agree.
S.Co.Housing
Housing
Bids re:
Tree Pruning
Bids re:
Traff.Design
Consultant
Bids re:
Compo System
.L,.
Approved the Minutes of the Regular Council Meeting of May
18, 1987;
Adopted Ordinance No. 87 - 9 Prezoning 4.5 Acres Adjoining
the City of Gilroy, West of Church Street, between Farrell and
Tatum Avenues as PF (Public Facility) District;
ORDINANCE NO. 87 - 9
ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF
SAID CITY BY PREZONING APPROXIMATELY 4.5 ACRES ADJOINING THE CITY
OF GILROY NORTH OF TATUM AVENUE, BETWEEN WREN AVENUE AND CHURCH
STREET AS PF (PUBLIC FACILITY) DISTRICT.
PASSED AND ADOPTED this 1st day of June, 1987 by the following
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vote:
AYES:
COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN.
COUNCILMEMBERS: None
COUNCILMEMBERS: None;
NOES:
ABSENT:
Adopted Ordinance No. 87-10 Enacting Chapter 9A of the
Gilroy City Code Pertaining to Firearms Sales;
ORDINANCE NO. 87 - 10
ORDINANCE OF THE CITY OF GILROY ENACTING CHAPTER 9A OF THE GILROY
CITY CODE PERTAINING TO FIREARMS SALES.
PASSED AND ADOPTED this 1st day of June, 1987, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN.
COUNCILMEMBERS: None
COUNCILMEMBERS: None
Approved the Minutes of the Special Council Meeting of May
26, 1987;
Accepted Improvements at 7050, 7060 and 7070 Rosanna Street,
Richard L. Freedman & Benjamin J. Pappani; and
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Approved Development Agreement 87-8 with South County
Housing as recommended.
City Administrator Baksa presented a recommendation to award
the bid of Arbor Tree Surgery for the City Tree Pruning in the
amount of $9,999.99.
Motion was made by Councilman Gage seconded by Councilman
Kloecker and carried that the bid of Arbor Tree Surgery be awarded
in the amount of $9,999.99 for the City's Tree Pruning.
City Administrator Baksa presented a recommendation to award
the bid of DKS Associates as Traffic Design Consultant in the
amount of $18,625.00.
City Engineer Allen further explained the recommendation.
Motion was made by Councilman Palmerlee seconded by
Councilman Gage and carried that the bid of DKS associates for
Traffic Design Consultant in the amount of $18,625.00 be awarded
as recommended.
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City Administrator Baksa presented a recommendation to award __
the bid on the Communications Systems for Public Works, Parks &
Recreation and Finance Departments.
Motion was made by Councilman Gage seconded by Councilman
Kloecker and carried that the bid of Motorola for Project #1 in
the amount of $8,6690.13 and of Bay Area Service Center for
Project #2 in the amount of $8,412.46 as recommended.
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Bids re:
Diesel Truck
Bids re:
Diesel
Tractor
Pub. Hear.
Prop. Acq.-
Della Santa
Res. 1187-37
Maint.Dist.
No. 1
Res.87-38
Gen.Elec.
Res.87-39
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Q523
City Administrator Baska presented a recommendation to award
the bid of Mission Valley Ford for a diesel powered truck for the
Public Works Department (Water Division) in the amount of
$15,150.00.
City Administrator Baska presented a recommendation to award
the bid of C & N Tractor in the amount of $10,505.52 for a new
Low-Center-of-Gravity Diesel Tractor for the Golf Course.
Motion was made by Councilman Gage seconded by Councilwoman
Albert and carried that the bid of C & N Tractor in the amount of
$10,505.52 for a new Low-Center-of-Gravity Diesel Tractor for the
Golf Course be awarded as recommended.
The Mayor stated that it was the time and place scheduled t?
for a Public Hearing on Intent to Declare Public Necessity for
Acquisition of Property Located at the Northwest Corner of Tenth
and Church Streets, APN 799-11-009 belonging toan Estate for
Evelyn Della Santa, as to a Life Estate and E. Rocha, F. Cotta, J.
H. Cotta Jr., as to the remainder.
The City Attorney explained the necessity for this action.
Motion was made by Councilman Mussallem seconded by
Councilman Palmer lee that the reading of Resolution No. 87-37 be
waived and that it be adopted Declaring Public Necessity for said
Acquisition of Property.
RESOLUTION NO. 87 - 37
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DECLARING PUBLIC
NECESSITY FOR ACQUISITION OF PROPERTY LOCATED AT THE NORTHWEST
CORNER OF TENTH AND CHURCH STREETS, GILROY, CALIFORNIA, BELONGING
TO AN ESTATE FOR EVELYN DELLA SANTA, ET AL AND AUTHORIZING THE
CITY ATTORNEY TO INSTITUTE SUIT IN EMINENT DOMAIN THEREFORE.
PASSED AND ADOPTED this 1st day of June, 1987, by the following
vote:
AYES: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN.
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
City Administrator Baska presented the following on "City of
Gilroy Maintenance District No.1" Assessment District:
Engineer's Report and required resolution to form the District.
Motion was made by Councilman Gage seconded by Councilman
Mussallem that the reading of Resolution No. 87-38 be waived and
that it be adopted.
RESOLUTION NO. 87 - 38
A RESOLUTION OF INTENTION TO FORM CITY OF GILROY MAINTENANCE
DISTRICT NO. 1 AND TO ORDER THAT THE ALTERNATIVE METHOD FOR THE
LEVY OF BENEFIT ASSESSMENTS BE MADE APPLICABLE THERETO.
PASSED AND ADOPTED this 1st day of June, 1987, by the following
vote:
AYES:
COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN.
COUNCILMEMBERS: None
COUNCILMEMBERS: None
NOES:
ABSENT:
Motion was made by Councilman Gage seconded by Councilman
Valdez that the reading of Resolution No. 87-39 be waived and that
it be adopted Calling a General Municipal Election for November 3,
1987 and Requesting Services of Registrar of Voters.
RESOLUTION NO. 87 - 39
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING THE
CITY CLERK TO PUBLISH NOTICE OF A GENERAL ELECTION FOR MUNICIPAL
OFFICERS TO BE HELD IN THE CITY OF GILROY ON NOVEMBER 3, 1987 AND
REQUESING THE CONSOLIDATION OF ELECTIONS TO BE HELD IN OTHER
DISTRICTS AND REQUESTING SERVICES OF THE REGISTRAR OF VOTERS.
PASSED AND ADOPTED this 1st day of June, 1987, by the following
vote:
5524
Sewer
Facilities
Res. 87-40
Res. 87-41
Res. 87-42
AYES:
COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN.
COUNCILMEMBERS: None
COUNCILMEMBERS: None
NOES:
ABSENT:
Council requested that their decision regarding a Transient
Occupancy Tax increase be reagendized on the June 15, 1987 Council
Agenda.
Motion was made by Councilman Gage seconded by Councilman
Mussallem and carried that the Preliminary Design Report for
Denitrification Facilities be approved as recommended.
Chief Building Inspector James presented and explained
proposed adoption of the 1985 Editions of the Uniform Building,
Plumbing, Mechanical, Housing and Abatement Codes and Uniform
Administrative Code.
]
Motion was made by Councilman Palmerlee seconded by
Councilman Mussallem that the reading of Resolution No. 87-40 be
waived and that it be adopted.
RESOLUTION NO. 87 - 40
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING THE
UNIFORM BUILDING, PLUMBING,MECHANICAL, HOUSING AND ABATEMENT
CODES, 1985 EDITIONS, WITH MODIFICATIONS.
PASSED AND ADOPTED this 1st day of June, 1987, by the following
vote:
AYES:
COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN.
COUNCILMEMBERS: None
COUNCILMEMBERS: None
NOES:
ABSENT:
Motion was made by Councilman Palmerlee seconded by
Councilman Mussallem that the reading of Resolution No. 87-41 be
waived and that it be adopted.
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RESOLUTION NO. 87 - 41
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RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY MAKING FINDINGS
REGARDING CHANGES AND MODIFICATIONS OF THE UNIFORM PLUMBING CODE.
PASSED AND ADOPTED this 1st day of June, 1987, by the following
vote:
AYES:
COUNCILMEMBERS:
ALBERT, GAGE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN.
None
None
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
Motion was made by Councilman Palmerlee seconded by
Councilman Mussallem that the reading of Resolution No. 87-42 be
waived and that it be adopted.
RESOLUTION NO. 87 - 42
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY MAKING FINDINGS
REGARDING CHANGES AND MODIFICATIONS OF UNIFORM FIRE CODE AND
UNIFORM BUILDING CODE.
PASSED AND ADOPTED this 1st day of June, 1987, by the following
vote:
AYES: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN.
NOES: COUNCILMEMBERS: None J'
ABSENT: COUNCILMEMBERS: None ,.
Motion was made by Councilman Palmerlee seconded by
Councilman Mussallem that the reading of Resolution No. 87-43 be
waived and that it be adopted.
RESOLUTION NO. 87 - 43
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY RE-ADOPTING THE
UNIFORM ADMINISTRATIVE CODE, 1985 EDITION WITH MODIFICATIONS.
PASSED AND ADOPTED this 1st day of June, 1987, by the following
vote:
87-88
Budget
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1-..
N/W Land Use
Study
Parent Aware-
ness Network
II"'"
lit. "
......
Flags
Farrell/Ronan
Reorg. 86-1
55 cJ..'1-A
AYES:
COUNCILMEMBERS,: ALBERT, GAGE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN
COUNCILMEMBERS: None
COUNCILMEMBERS: None
NOES:
ABSENT:
Heard presentations by the following non-profit organiza-
tions requesting funds under the 1987-1988 Budget allocations:
The Bridge Counseling Center; Catholic Services - Ombudsman
Program; Homebound Senior Program; Operation Sentinel; Outreach &
Escort; South County Alternatives; South Valley Counseling
Center; The Food Bank; Downtown Revitalization Task Force; and
Hispanic Chamber of Commerce requesting a three-year up to five-
year lease of City property at 7301 Hanna Street in lieu of
previously requested funds.
City Administrator Baksa presented an alternative
suggestion by South County Joint Planning Advisory Committee in
lieu of previously requested funidng.
Mr. Bill Reimal, Chairman of the Visitors Bureau, addressed
the Council and distributed a Summary of Activities for the past
year and a five-year budget, and invited the Council to Bonanza
Days Celebration June 14, 1987.
Mrs. Sue Ellen Rowlison, 781 Lawrence Drive, addressed the
Council requesting a portion of the transient occupancy tax for
cultural arts through the Library and Culture Commission.
Mr. Leonard Haines, Hall's Clothing Store, addressed the
Council requesting that the City improve the vacant property for
a public parking lot behind and in the vicinity of La Victoria
and Garcia & Henry Engineering. The Mayor referred Mr. Haines to
Lora Lucero in Planning and Irving Bender, Chairman of the
Downtown Revitalization Task Force.
The Mayor asked if there was anyone further in the audience
wishing to speak. There was no comment from anyone in the
audience.
Council set Tuesday, June 9, 1987, at 7:00 p.m. for
finalizing the 1987-1988 Budget and invited non-profit organi-
tions to attend. (Note: this meeting was subsequently scheduled
for Monday, June 8, 1987,at 7:30 p.m.)
Mr. Salvatore Oliveri, accompanied by an interpreter,
addressed the Council requesting Council include the North
Monterey Land Use Study in a high priority, needed for develop-
ment of his property at 9325 Monterey Road. It was noted that
this matter would be disucssed at the July 202, 1987, Regular
Council Meeting, and Mr. Oliveri would be sent an Agenda for said
meeting.
Mr. Dennis Schubert, representing Gilroy Parent Awareness
Network re: Drug Proglems, addressed the Council explaining the
organization and priorities and requesting Council approve funds
for the youth of Gilroy.
Mr. Henry Rossi, 7561 Kentwood Court, addressed the Council
in regard to drug and alcohol problems with the youth of Gilroy.
The Mayor expressed willingness of City Officials to meet
with the Gilroy Parent Awareness Network.
Mr. John C. Albaugh addressed the Council requesting flags
be flown at Christmas Hill Park on the two donated flag poles on
Memorial Day, July 4, Veterans Day, Flag Day and during the
Garlic Festival.
A Staff Report was noted agreeing to comply with Mr.
Albaugh's request.
A Petition requesting annexation of Uninhabited Territory
to be known as "Farrell-Ronan Reorganization 86-1" containing
48.01 acres, was noted, not 100% consent.
.5525
Res. 87-44
Motion was made by Councilman Gage seconded by Councilman
Kloecker that the reading of Resolution No. 87-44 be waived and
that it be adopted initiating Reorganization of Territory setting
July 6, 1987 as a Public Hearing date.
RESOLUTION NO. 87-44
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RESOLUTION INITIATING REORGANIZATION OF TERRITORY DESIGNATED AS:
"FARRELL/RONAN REORGANIZATION 86-1" AND GIVING NOTICE OF TIME AND
PLACE FOR HEARING OF PROTESTS THERETO.
PASSED AND ADOPTED this 1st day of June, 1987, by the following
vote:
AYES:
COUNCILMEMBERS:
...
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
ALBERT, GAGE, KLOECKERr MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN
None
None
Councilman Palmer lee requested that the Mayor forward a
letter to the Gilroy Parent Awareness Network thanking them for
their efforts.
Wm.Demichelis Noted William Demichelis' gift to the City. Motion was made
by Councilwoman Albert seconded by Councilman Gage and carried
that a letter be forwarded to William Demichelis, Equipment
Maintenance Supervisor, thanking him for his earned wages gift to
the City.
Noted the following informational items with no separate
discussion on same:
Proclamations Issued by Mayor Hughan: "Older Americans'
Month" - May 1987; "Neighborhood Watch Month" - May 1987;
"National Police Week" - May 10-16, 1987 and Peace Officers'
Memorial Day - May 12, 1987;
Offices of Emergency Services, County of Santa Clara,
Terminating Agreement with City of Gilroy;
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Board of Supervisors re: Annual Flag Day Celebration June
15, 1987; and
Linda A. Callon, Attorney, Up-date on Gilroy/Morgan Hill
Environmental Cases.
Bd.of
Appeals
Noted the Minutes of the Building Board of Appeals Hearing
of May 20, 1987.
Old City Hall
Planning Director Dorn presented and explained an update on
the Old City Hall Restaurant.
Motion was made by Councilman Kloecker seconded by
Councilman Mussallem and carried that the City Administrator and
Planning Director be authorized to negotiate with Mr. Ed Lazzarini
and if not successful, with Mr. Perakis as recommended.
The Mayor asked if there was anyone in the audience that
wished to speak on any matter not on the agenda. There was no
comment from anyone in the audience.
SPRR
Noted a Report on recommendation to purchase a portion of
Southern Pacific Transportation property.
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Motion was made by Councilman Gage seconded by Councilman
Mussallem and carried that Staff be authorized to purchase a
portion of the Southern Pacific Transportation property as
recommended.
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Emerg.
Response
Billing
A report on billing for cost of emergency response (drunk
drivers) was noted and presented for information.
Express
Train
The Mayor noted the Garlic Express train proceeding to
Gilroy on Saturday, July 24 for a Ceremony at 10:50 a.m.
requesting Councilmembers attend.
5526
Adjrnmt.
Councilman Mussallem recommended that the Mayor write a
letter acknowledging the High School Students responsible for the
Chemistry experiment on the conductivity of electricity that may
be nominated for a Nobel Prize.
At 10:12 p.m. the Mayor adjourned the meeting.
Respectfully submitted