Minutes 1989/05/01
Invocation
Posting
Agenda
Roll Call
Cert.Awards
Consent
Calendar
Regular Meeting
May 1, 1989
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
The Mayor called on The Reverend Richard Smith, Seventh
Adventist Church, to give the Invocation.
The City Clerk reported that the Agenda had been posted on
April 27, 1989 at 8:51 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;
The Mayor presented Certificates to Johnny Pena, Marty
Hersh and Danny Mammine for their heroic lifesaving deed.
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;
Minutes
Budget
Claims
Imprvmts.
Proposals
URM Consult.
Pub.Hear.re:
GPA-G.Filice
Res.89-24
Water
Shortage
5741
Approved the Minutes of the Regular Council Meeting of
April 17, 1989;
Approved the request for Budget Amendments and Transfers as
presented and recommended;
Denied the following Damage Claims as recommended: Dolores
Arevalo; Jason Gomes; John P. Greco; and Cynthia Rios;
Accepted Improvements of Bill Arnberg, 8895 Kern Avenue;
Accepted Improvements of Steve Devich, 8425 Murray Avenue;
and
Accepted Improvements of Michael Bertolone, 8435 Murray
Avenue.
City Administrator Baksa presented a explained a recommen-
dation to award the proposal of Linda Buchaca for Unreinforced
Masonry Consultant in the amount of $25,950.00 further explained
by Chief Building Official James.
Motion was made by Councilman Kloecker seconded by Council-
man Gage and carried that the proposal of Linda Buchaca in the
amount of $25,950.00 be awarded for the Unreinforced Masonry
Consultant as recommended.
The Mayor stated that it was the time and place scheduled
for a continued Public Hearing to consider a General Plan Amend-
Amendment request from Open Space to General Services Commercial
on Property located at 5480 Monterey Highway, South of Luchessa
Avenue, on approximately 27 acres, Gennero Filice, Applicant,
continued from 2-16-88, 3-7-88, 5-16-88 and 11-7-88, further
requesting a six months extension.
Motion was made by Councilman Kloecker seconded by Council-
man Hale and carried that the continued Public Hearing regarding
the General Plan Amendment request of Gennero Filice, applicant,
be continued for six months as requested (11-6-89).
City Administrator Baksa presented a Resolution rescinding
Resolution No. 89-9 authorizing loans from bank interest funds to
the Public Safety Fund to fund the 1987 remodeling of the Police
and Fire Stations.
Motion was made by Councilman Mussallem seconded by
Councilman Gage that the reading of Resolution No. 89-24 be
waived and that it be adopted.
RESOLUTION NO. 89 - 24
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY RESCINDING
RESOLUTION NO. 89 - 9 AND AUTHORIZING A LOAN FROM THE BANK
INTEREST FUND TO THE PUBLIC SAFETY FUND TO FUND THE 1987
REMODELING OF THE POLICE AND FIRE STATIONS.
PASSED AND ADOPTED this 1st day of May, 1989, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN
COUNCILMEMBERS: None
COUNCILMEMBERS: None
The Mayor asked if there was anyone in the audience wishing
to speak on any item not on the agenda. There was no comment
from anyone in the audience.
City Administrator Baksa presented a letter from the City
of Saratoga regarding Water Shortage-Drought situation requesting
concurrence that same should be discussed by the Intergovern-
mental Council and Water District as soon as possible.
Motion was made by Councilman Kloecker seconded by Council-
man Palmer lee and carried that the Intergovernmental Council and
Water District discuss the water shortage and drought situation
as soon as possible.
5742
Red Carpet
Weapons
Rental
Surcharge
Homeless
Funding
Jt.Powers
Agree.
City Administrator Baksa presented a request of Red Carpet
regarding property at Church and Third Streets.
Mr. Mort Walser, President of Wheeler Hospital Association,
addressed the Council requesting consideration to provide flexi-
bility of sewer allocation regarding their property between Fifth
and Sixth Streets for future development of same.
Mr. Tom Wollny, President of Centurion Corporation,
addressed the Council inquiring of the City's policy on sewer
allocation transfers. It was noted by Mayor Hughan that sewer
allocation transfers are not allowed.
Ms. Susan Jacobson, addressed the Council concerned of
traffic density, ability to develop low-cost housing and number
of units to be allowed at the Church and Third Streets location.
Mr. Brad Smith, representing Wheeler Hospital Board of
Trustees, addressed the Council noting that any unused sewer
allocation for their property between Fifth and Sixth Streets
would be returned to the City.
Discussion was had by Council on the matter. Motion was
made by Councilman Kloecker seconded by Councilman Valdez and
carried that the request of Red Carpet Real Estate, if formalized
by an application, be referred to the Planning Commission for
their recommendation on development of property at Church and
Third Streets to allow development of residential property in a
developed area; and to consider inclusion of a Sunset Clause for
a two year period. Noted by Council if any excess sewer alloca-
tion, same would be reverted back to the City for distribution at
the discretion of the Council. Council also requested that the
Wheeler Hospital letter be clarified as to their request.
A request of the County of Santa Clara Board of Supervisors
for an ordinance banning the possession and sale of assault
weapons was noted. Council took no action on same.
City Administrator Baksa presented a request of Operation
Sentinel for implementation of a rental surcharge, noting that
the cost of implementing such a fee would cost more than the
requested funds. Council took no action on said request.
A letter from Mr. Carlos U. Munoz requesting support for
the homeless was noted. Council tabled action on same.
A letter from the City of Morgan Hill was noted giving
notice of intention to terminate the 1979 Joint Exercise of
Powers Agreement between the Cities of Gilroy and Morgan Hill
relating to Joint Wastewater Management Facilities. Council
requested that same be reagendized on the May 15, 1989 Council
Agenda.
Noted the following information items with no separate
discussion on same:
County of Santa Clara Librarian re: Assessed Valuations and
Formulas for Personnel and Book Budgets 1989-90;
Advance Planning Office, County of Santa Clara, Info
Publication, Issue #89-3A;
State Department of Housing and Community Development re:
Statutory and Constitutional Requirements with Regard to Growth
Control Measures;
Proclamations Issued by Mayor Hughan: Nursing Home Week -
May 13-19, 1989; Fine Arts Month - May 1989; and Arbor Day -
April 29, 1989;
Certificate of Commendation for Police Departmental
Employee of the Month of March, Officer Greg Flippo;
Certificate of Service for Retired Fire Captain, Neland
Doughty;
Water
Conserv.
Prop.90
Adjrnmt.
5743
Court of Appeal Calendaring Oral Argument re: City of
Gilroy v. State Board of Equalization Appeal;
Report of Investments with Maturities Exceeding One Year;
and
March 31, 1989 Monthly Cash and Investments Report.
City Administrator Baksa gave an update on the Water
Conservation Program.
City Administrator Baksa noted a Board of Supervisors -
County of Santa Clara Public Hearing to consider adoption of an
ordinance to implement Proposition 90 in Santa Clara County,
further explained by Director of Finance Shaw.
Motion was made by Councilman Gage seconded by Councilman
Palmer lee and carried that a letter in opposition be forwarded to
the County regarding implementation of Proposition 90 in Santa
Clara County. Councilmembers: Hale and Mussallem voted "no" on
the motion.
City Administrator Baksa noted a meeting scheduled for May
4, 1989 at 6:30 p.m. with the Santa Clara Valley Water District
and interested parties in regard to the closing of Uvas Park
Drive and Miller Avenue to complete the levee project estimated
to be completed within 45 days.
Mayor Hughan noted Council would receive her draft letter
regarding Water Reclamation to the City of Morgan Hill for input
prior to mailing same.
Councilman Gage requested that first consideration be given
to in-fill lots if there is any sewer allocation returned to the
City.
Councilman Kloecker noted a Recycling Task Force Committee
Meeting scheduled for May 4, 1989 at 7:00 p.m. in the Employees'
Lounge at City Hall and requested that the City Administrator
reserve said meeting room.
Councilman Kloecker requested that the proposed General
Plan Amendment of Santa Clara County be agendized for Council
discussion.
The Mayor noted the Joint Gilroy/Morgan Hill City Council's
Study Session, May 8, 1989 - 6:30 p.m., Morgan Hill City Council
Chambers.
Noted the Joint Gilroy City Council/Community Development
Agency Special Meeting and Public Hearing on the Redevelopment
Plan and Final Environmental Impact Report for the City of Gilroy
Community Redevelopment Project, May 22, 1989 - 8:00 p.m.,
Council Chambers.
At 9:20 p.m. the Mayor adjourned the meeting to the
continued Closed Session re: Meet and Confer Process.
At 9:40 p.m. the Mayor reconvened the meeting and further
adjourned.
Respectfully submitted,