Minutes 1988/06/06
5632
Invocation
Posting
Agenda
Roll Call
Intro.New
Employees
Emp.Award
Consent
Calendar
Minutes
Ord.88-8
Regular Meeting
June 6, 1988
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
The Mayor called on The Reverend Robert Hansen, St.
Stephens Episcopal Church to give the Invocation.
The City Clerk reported that the Agenda had been posted on
June 2, 1988 at 9:09 a.m.
Present: Councilmembers: Donald F. Gage, Leonard A. Hale,
Paul V. Kloecker, Larry Mussallem, Daniel D. Palmerlee, Pete
Valdez, Jr. and Roberta H. Hughan - 8:02 p.m.
The Mayor introduced the following new employees: Michael
Fresques, Jr., Chief Accountant; Michael Souza, Public Works
Maintenance I; and Brian L. Hunt, Maintenance I - Water
Department.
The Mayor presented the Employee Award for the Month of
April 1988 to Jeannie Bravo, Clerk Typist I.
Councilman Mussallem noted that he would not discuss or
vote on Item "G" re: Improvements due to a conflict of interest
on same. Councilman Hale inquired about Item "E" re: State
Cooperative Agreement. 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 May
16, 1988;
Adopted Ordinance No. 88-8, Water System Backflow Preven-
tion Ordinance;
ORDINANCE NO. 88 - 8
AN ORDINANCE OF THE CITY OF GILROY ENACTING CHAPTER 27, ARTICLE V
OF THE GILROY CITY CODE PERTAINING TO WATER SYSTEM BACKFLOW
PREVENTION.
PASSED AND ADOPTED this 6th day of June, 1988, by the following
Roll Call vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GAGE, HALE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ, and HUGHAN
None
None;
Def.Dev.
Agree.
Chevron
Minutes
Res.88-37
"....
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Dev.Agree
Simonsen
Imprvmts.
Hearing re:
R.Peterson
Bus. Lic.
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,...
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5633
Approved a Deferred Development Agreement with Chevron
Service Station as recommended;
Approved the Minutes of the Special Council Meeting of May
24,1988;
Adopted Resollution No. 88-37 Approving a Cooperative
Agreement to Modify the Traffic Signal at Monterey Street and
Leavesley Road as recommended;
RESOLUTION NO. 88 - 37
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING
COOPERATIVE AGREEMENT NO. 4-1176-C TO PROVIDE FOR MODIFICATION TO
THE EXISTING TRAFFIC CONTROL SIGNAL AND PERFORMING ROADWORK AT
THE INTERSECTION OF WELBURN AVENUE WITH STATE HIGHWAY 152 IN THE
CITY OF GILROY.
PASSED AND ADOPTED this 6th day of June, 1988, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN
COUNCILMEMBERS: None
COUNCILMEMBERS: None;
Approved a Development Agreement for Simonsen as
recommended; and
Accepted the following Improvements: 1) Meads III, Tract
117895; 2)\ Starritt, 5th & Eigleberry Sts.; 3) South County_
Housing, Tract #8000; 4) Obata, Mayock Cul-de-sac Improvement;
and 5) Heredia Center, 275 Welburn Avenue. (Councilman Mussallem
did not vote upon this Consent Calendar item.)
The Mayor stated that it was the time and place scheduled
for the Hearing to consider revocation of a City of Gilroy
Business License issued to Ray Peterson at 8595 Murray Avenue,
Gilroy, CA.
The Staff Report was noted and further explained by Planner
II Faus,noting that the State has reported no change in the State
Board of Equalization permit issued to this business and that the
property owner (Montano) did not respond to the City regarding
this matter.
The Mayor asked if there was anyone in the audience wishing
to speak for or against this matter.
Mr. Ray Peterson addressed the Council requesting 30 day
extension to remove the vehicles from the property. He further
noted that the Business License for this business had expired on
December 31, 1987 and that there is no business license to
revoke. He further noted illness and equipment problems as the
reason the vehicles had not been removed from the property within
the prescribed time.
Mr. Roger Anthony Patrick, addressed the Council noting
that he is working with Mr. Peterson to clean-up the property and
that a 30-60 day extension would be desired to complete said
proj ect.
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 recommended granting a 60 day
extension to Mr. Peterson to complete removal of vehicles and
debris from the property.
Discussion was had by Council on the matter.
Motion was made by Councilman Kloecker seconded by Council-
man Valdez and carried that the Hearing be continued for 60 days
to allow Mr. Peterson to complete removal of the vehicles, etc.
from the property and requested that the property owner (Montano)
be informed of this action of the Council. Councilman Mussallem
voted "no" on the motion. (60 days expires August 5, 1988; Hear-
ing continued to August 15, 1988, next regular Council Meeting
following expiration date.)
5634
Pub.Hear.
Solid Was te
Manage. Plan
Theatre
Angels
So.Co.
Housing
Laurelwood
Project
The Mayor stated that it was the time and place scheduled
for the Public Hearing to consider an amendment to the Solid
Waste Management for Santa Clara County to combine the North and
Central Subregions, the South West Subregion and provide con-
tinued access to Guadalupe Mines Landfill, and provide for annual
reporting regarding waste reduction to achieve 25% Goal by 1995.
The County 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 th
audience. The Mayor closed the Public Hearing.
~
Motion was made by Councilman Gage seconded by Councilman
Hale that the reading of Resolution No. 88-38 be waived and that
it be adopted.
.....
RESOLUTION NO. 88 - 38
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING 1988
AMENDMENT TO THE SANTA CLARA COUNTY SOLID WASTE MANAGEMENT PLAN
TO COMBINE THE NORTH AND CENTRAL SUBREGIONS, RENAME THE SOUTHWEST
SUBREGION AND PROVIDE CONTINUED ACCESS TO GUADALUPE MINES
LANDFILL, AND PROVIDE FOR ANNUAL REPORTING REGARDING WASTE
REDUCTION TO ACHIEVE 25% GOAL BY 1995.
PASSED AND ADOPTED this 6th day of June, 1988, by the following
vote:
AYES:
COUNCILMEMBERS:
GAGE, HALE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ, and HUGHAN
None
None
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
Discussion was had regarding the Theatre Angels House
offered to the City for the remaining balance of the mortgage.
The Staff report was noted and further explained by City
Administrator Baksa.
IIIlI
Heard from Ms. Donna Pray, representing the Board of
Directors of TAAL further explanation of same.
....
Motion was made by Councilman Gage seconded by Councilman
Mussallem and carried that the gift of the Theatre Angels House
as offered, to use the premises as recommended by Staff be
approved and agreed upon to install a plaque designating the
donor. Councilman Kloecker recommended that South Valley
Community be allowed to continue use of the house as their Box
Office.
Ms. Donna Pray noted tht she would convey the Councils'
approval for a vote of the organization at their next meeting of
June 28, 1988.
City Administrator Baksa presented a request of South
County Housing not agendized, recommending that Council consider
same at this meeting due to the urgency of the matter.
Motion was made by Councilman Palmerlee seconded by Coun-
cilman Gage and carried that the request of South County Housing
regarding their Laurelwood Project be considered due to the
urgency of the matter.
....
Ms. Marie Juncker, Executive Director of South County
Housing addressed the Council further explaining the request for
the City to approve the Resale Restriction Program for their
Laurelwood Project.
.....
Motion was made by Councilman Hale seconded by Councilman
Gage and carried that the Resale Restriction Program for South
County Housing's Laurelwood Project be approved and that the City
Administrator be authorized to execute the required documents on
behalf of the City as presented.
AB3205
Tanner Prog.
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....
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JPA Minutes
4-12-88
P.& R.Com.
5-17-88
Lib. & Cult.
3-8-88
Plan. Com.
S .-2-~R
'),'7, 1<'~.~:;
.....-
i
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Bus Servo
5635
The Mayor asked if there was anyone in the audience wishing
to speak on any matter not on the agenda. There was no comment
from anyone in the audience.
A request of the Intergovernmental Council for support of
AB 3205 and participate in the funding for the Tanner Program
Activities was noted and further explained by City Administrator
Baksa.
Motion was made by Councilman Mussallem seconded by
Councilman Gage and carried that the City supports AB 3205 and
authorizes participation in the funding for the Tanner Program
Activities in the amount of $2,260.00 in the 1988-89 fiscal year.
The following informational items were noted with no
separate discussion on same:
South County Realtors Association Volunteer Painting of
Recreation Building at Las Animas Park;
Gilroy Teachers Association Thanking Support for "Day of
the Teacher";
Police Department Employee of the Month of April 1988,
Officer John Sheedy;
Report of Investments With Maturities Exceeding One Year;
City's Response to Martin General Plan Amendment;
Planning Staff Approvals, Dated May 27, 1988;
Report on Thomas Road Bridge Scheduling and Detour Plans;
Proclamation Issued By Mayor Hughan: Chiropractic Wellness
Week - June 12-18, 1988; and
Santa Clara Valley Water District Recommending to Not
Support the Resolution re: Bay-Delta Estuary Protection.
The Minutes of the Joint Powers Sewer Advisory Committee
meeting of April 12, 1988 were noted.
The Minutes of the Parks and Recreation Commission Meeting
of May 17, 1988 were noted.
The Minutes of the Senior Advisory Board Meeting of April
18, 1988 were noted.
The Minutes of the Gilroy Golf Couse Advisory Board Meeting
of April 19, 1988 were noted.
The Minutes of the Library and Culture Commission Meeting of June
2, 1988 were noted.
The Museum Report, dated April 12, 1988 was noted.
The Report of the Planning Commission Meeting of June 2,
1988 was n:):J~L
';if-Y \1:.,li.l;.;t.:'ti:):' ~1'~;lli_{tLibuted copies of a letter
from the Bay Area Counsel regarding Development Fees.
Councilman Kloecker noted that the Santa Clara County
Transit District will be conducting a Public Hearing at the
Senior Center regarding the Bus Service in South County on June
16, 1988 at 7:30 p.m. and suggested that the City Engineer attend
same on behalf of the City. He further suggested the need for
express bus service from South County to North County eliminating
stops in the Central San Jose business district.
Councilman Mussallem inquired of the status of Judge
Stone's report on the Wastewater Treatment Facilities. City
Administrator Baksa noted that the Judge has not issued a writ to
date.
5636
Adjrnmt.
..
The Mayor noted the Joint Meeting of the Gilroy City
Counc~l and Gilroy Unified School District Board of Education
June'13, 1988 at 5:30 p.m. to meet' at Christmas Hill Park for a
Tour of the proposed High School Site/Community Use in the
Southwest Quad.
The Mayor noted that the Annual City Barbecue will be on
August 13, 1988 at Christmas Hill Park.
The Mayor noted the City Council Study Session, June 13,
1988 - 7:30 p.m. Council Chambers, City Hall, 7351 Rosanna
Street, Gilroy, re: Binding Arbitration.
At 8:59 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) (1) of the
Government Code.
At 9:19 p.m. the Mayor reconvened the meeting and further
adjourned.
Respectfully submitted,
~~1:~. eit: