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Minutes 1989/05/15 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 Palmerlee 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, 5744 Invocation Posting Agenda Roll Call Emp.Month Consent Calendar Minutes Budget Claim: N.Pritchett Impmts. Claim: Vierra Com.Dev. Res.89-8 Regular Meeting May 15, 1989 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. The Mayor called on The Reverend Pike Robinson, First Assembly of God Church to give the Invocation. The City Clerk reported that the Agenda had been posted on May 11, 1989 at 8:46 a.m. Present: Councilmembers: Donald F. Gage, Leonard A. Hale, Paul V. Kloecker, Larry Mussallem, Daniel D. Palmerlee and Roberta H. Hughan, Absent: Councilmember: Pete Valdez, Jr. The Mayor presented the Employees of the Month for April 1989 Award to Albert Wilson and Rick Brandini, Supervisors - Parks & Recreation Department. 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; Absent: Councilmember: Valdez; (Councilman Mussallem did not vote on Item "D" Accepting Improvements due to a conflict of interest.) Approved the Minutes of the Regular Council Meeting of May 1, 1989; Approved the Request for Budget Amendments and Transfers as presented and recommended; Denied a Claim of Norman Pritchett as recommended; Accepted th~ following Improvements: Simonsen Development, l1ussallem Development and South Valley Intercommunity Hospital; and Denied a Claim of Howard L. & Sharon L. Vierra as recommended. The Mayor adjourned the regular Council Meeting and called the Community Development Agency to order. She noted that she would not take part in the discussion nor action on any business regarding the Redevelopment Agency due to a conflict of interest on same but would Chair the meeting. Agencymember Gage noted a conflict of interest also. Roll Call. Agencymembers: Hale, Kloecker, Palmerlee and Mussallem; Absent: Agencymembers: Gage, Valdez and Hughan. City Administrator Baksa explained the proposed Tax Increment Agreement with Santa Clara County. Motion was made by Agencymember Palmerlee seconded by Agencymember Hale that the reading of Resolution No. 89-8 be waived and that it be adopted. RESOLUTION NO. 89 - 8 A A RESOLUTION OF THE COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF GILROY AUTHORIZING EXECUTION OF A FISCAL AGREEMENT BETWEEN THE DEVELOPMENT AGENCY AND THE COUNTY OF SANTA CLARA. PASSED AND ADOPTED this 15th day of May, 1989, by the following vote: AYES: NOES: ABSENT: AGENCYMEMBERS: HALE, KLOECKER, PALMERLEE and MUSSALLEM AGENCYMEMBERS: None AGENCYMEMBERS: GAGE, VALDEZ and HUGHAN Motion was made by Agencymember Mussallem seconded by Agencymember Kloecker and carried that discussion and possible adoption of a Tax Increment Agreement with the Gilroy Unified School District be continued to the May 22, 1989 Special Meeting. Roll Call Pub. Hear. GPA 89-1 Res.89-25 Pub.Hear. Rezoning PanTempo Parking Res.89-26 5745 The Chairperson adjourned the meeting of the Redevelopment Agency and as Mayor reconvened the regular Council Meeting. Present: Councilmembers: Gage, Hale, Kloecker, Mussallem, Palmer lee and Hughan; Absent: Councilmembers: Valdez. The Mayor stated that it was the time and place scheduled for a Public Hearing to Consider a General Plan Text Addendum Request for Adoption of the South County Joint Area Plan as an Addendum to the City of Gilroy's General Plan (GPA 89-1). The Staff Report was noted and further explained by Planner II Faus. The Mayor 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 Kloecker seconded by Council- man Hale that the reading of Resolution No. 89-25 be waived and that it be adopted certifying the EIR and adopting the Plan as recommended by the Planning Commission. RESOLUTION NO. 89 - 25 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING AN ADDENDUM TO THE GENERAL PLAN TEXT FOR THE CITY OF GILROY. PASSED AND ADOPTED this 15th day of May, 1989, by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, PALMERLEE and HUGHAN None VALDEZ NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: Motion was made by Councilman Kloecker seconded by Council- man Hale and carried that an annual review of the Plan be approved. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a rezoning request from R1 (Single Family Residential) District to R3 (Medium Density Residential) District located at the southeast corner of Wren and Farrell Avenues, Pan-Tempo Properties, applicant (Z 88-7). The Staff Report was noted and further explained by Planning Director Dorn. Councilman Palmerlee requested and motion was made by Coun- cilman Gage seconded by Councilman Kloecker that the following additional mitigation measures for development of said property be added: #13, Improvement of Wren Avenue between Ronan Avenue and the Bridge may be required; #14, streamside development should be designed in such a way as to facilitate maintenance of the waterway and protection of the environment and riparian areas. Careful consideration should be given to the use of streets to separate urban streamside development from the water- way consistent with Santa Clara Valley Water District recommended streamside street designs. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that a proposed ordinance be introduced, the reading waived and published by title and summary approving the rezoning request. Council took no action regarding the City of Morgan Hill Notice of Intention to Terminate the 1979 Joint Exercise of Powers Agreement Between the City of Gilroy and the City of Morgan Hill Relating to Joint Wastewater Management Facilities. A recommendation to change the time limit parking for certain portion of Eigleberry Street was noted. Motion was made by Councilman Gage seconded by Councilman Kloecker that the reading of Resolution No. 89-26 be waived and that it be adopted approving the change in the time limit parking for a certain portion of Eigleberry Street. 5746 S.C.Co. HazMat Plan S.C.Co. GPA 89-90 Budget Homeless Inter-City. Activities RESOLUTION NO. 89 - 26 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DESIGNATING PARKING TIME LIMITS ON FIVE PARKING STALLS ON EIGLEBERRY STREET. PASSED AND ADOPTED this 15th day of May, 1989, by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, PALMERLEE and HUGHAN None VALDEZ NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: City Administrator Baksa presented the Santa Clara County Hazardous Waste Management Plan and Draft Environmental Impact with recommendations of Staff on same. Motion was made by Councilman Kloecker seconded by Council- man Gage and carried that the Santa Clara County Hazardous Waste Management Plan and Draft Environmental Impact be approved as recommended by Staff. Discussion was had on the City of Gilroy's interest in the County's proposed General Plan Amendment and Staff recommenda- tions on same. The Mayor requested inclusion of public and private open space. Motion was made by Councilman Kloecker seconded by Council- man Mussallem and carried that the County's proposed General Plan Amendment be approved as recommended to include public and private open space and prioritize comments 1, 3, 6 and 7. City Administrator Baksa distributed the 1989-1994 Financial Plan of the City and read the Budget Message for the record. Council set May 23, 24 and 25, 1989 as Council Study Sessions on the 1989-90 Budget. The Mayor asked if there was anyone in the audience wishing to speak on any matter not on the agenda. Mr. Sam Bozzo, Gilroy Unified School District, addressed the Council in support of the Redevelopment Agency Project and complimented the Planning Director and Staff for continued information regarding same. Mr. Phil Skiver, 8021 Wayland Lane, local florist, addressed the Council objecting to one-day floral peddlers throughout the City on Mother's Day, Easter, etc. The Mayor noted objection to same and that the City would investigate the matter. Heard from a High School Student, 624 Las Padres Court, complaining about a student receiving a post-dated parking ticket on Tenth Street. He was requested to provide additional informa- tion to Staff for investigation of same. Mr. Chris Orr, High School Student, addressed the Council in regard to parking tickets. Council took no action on requests for funding for the Homeless of Gilroy. The Mayor noted that she has been attempting to contact Supervisor Gonzales regarding this matter. Noted request of the City of Los Altos for approval of consolidation of various inter-city activities and organizations of the County. Motion was made by Councilman Kloecker seconded by Council- man Hale and carried that the City approves the concept of consolidation of various Inter-City Activities and Organizations of the County as presented. The following informational items were noted with no separate discussion on same: Plan.Com. 5-4-89 Pers.Com. 4-19-89 Recycling Lib & Cult. P.& R.Com. 4-18-89 HazMat Disp. Day 5747 Planning Staff Approvals, dated April 27, 1989; Proclamations Issued by Mayor Hughan: Older Americans' Month - May 1989; Chiropractic Wellness Week - May 15-21, 1989; Foster Care Awareness Month May 1989 and Foster Parent Appreciation Week - May 22-28, 1989; The Day of the Teacher - May 10, 1989; Outreach & Escort, Inc. Tenth Anniversary; Hire A Veteran Week - May 7 13, 1989; Alcohol Related Birth Defects Awareness Week - May 14-20, 1989 and Fetal Alcohol Syndrome Awareness Month - May 1989, Poppy Week - May 15-22, 1989; and Buckle Up America Week - May 22-28, 1989; City of San Jose - Metropolitan Transportation Commission Report; State Department of Finance January 1, 1989 City of Gilroy Population (29,534); 43rd Anniversary of the Founding of the Italian Republic, June 6, 1989, 11:00 a.m. - 2:00 p.m., Flag Raising Ceremony at Noon, The Plaza at the County of Santa Clara Government Center, 70 West Hedding Street, San Jose, CA 95110; Report on Public Meeting held for Levee Construction at Uvas Park Drive and Miller Avenue; Senator Henry Mello Requesting Support of SB 1422 to Create the Santa Clara County Open Space Authority and Mayor's Reply; Board of Supervisors re: New Children's Shelter Site; ABAG's Proceedings of October 21, 1988 General Assembly; and Airport Transporter PUC Application. Noted the Report of the Planning Commission Meeting of 4, 1989. Noted the Report of the Personnel Commission Meeting of April 19, 1989. Suellen Rowlison, Committee Member, gave a report and recommendation of the Curbside Recycling & Collection Task Force Committee. Motion was made by Councilman Kloecker seconded by Councilman Palmer lee and carried that the City request proposals from South Valley Refuse & Disposal, Inc. for a Recycling Program for the City as recommended by the Committee to include a cost analysis and procure vehicles to accomplish same. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that the Library and Culture Commission Mission Statement be approved as recommended. Noted the Minutes of the Parks & Recreation Commission Meeting of April 18, 1989. Noted the Minutes of the Senior Advisory Board Meeting of March 20, 1989. Noted the Minutes of the Library & Culture Commission Meeting of March 14, 1989. Noted the Minutes of the Gilroy Golf Course Advisory Board Meeting of March 21, 1989. City Administrator Baksa noted the Annual Hazardous Waste Disposal Site scheduled for June 3, 1989 from 10:00 a.m. to 3:00 p.m. for disposal of household hazardous materials. City Administrator Baksa announced that Personnel Director John Booth will retire from City services on July 1, 1989. 5742. Adjrnmt. City Administrator Baksa noted that the Shappel trial regarding preservation of the salamander is scheduled for June 5, 1989. The Mayor noted South Valley Jr. High project for cleaning and tree planting of the Uvas Creek scheduled for May 20, 1989 from 9:00 a.m. to Noon. The Mayor noted the sign-up sheet for the Giants Game June 17, 1989. Councilman Palmerlee requested Council volunteers for participation in the activities planned for Graduation Night at the High School June 16, 1989. The Mayor 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., Gilroy City Council Chambers, City Hall. The Mayor noted the Joint Gilroy-Morgan Hill City Councils' Joint Study Session, June 12, 1989 - 6:30 p.m., Gilroy Senior Center, re: Review and discussion of the "Wastewater Five Year Plan" - James M. Montgomery, Consulting Engineers. At 9:29 p.m. the Mayor adjourned the meeting. Respectfully submitted,