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Minutes 1989/08/21 5780 Invocation Posting Agenda Roll Call Consent Calendar Minutes Claim: G.Cooper Budget Quitclaim Def.Dev. Rios Dev.Agree. Raisch Minutes BMX Track Regular Meeting August 21, 1989 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. The Mayor called on The Reverend Bruce Rowlison, Presbyterian Church to give the Invocation. The City Clerk reported that the Agenda had been posted on August 17, 1989 at 4:39 p.m. Present: Councilmembers: Donald F. Gage, Leonard A. Hale, Daniel D. Palmerlee, Pete Valdez, Jr. and Roberta H. Hughan. Absent: Councilmembers: Paul V. Kloecker and Larry Mussallem. Motion was made by Councilman Gage, Valdez that the following items under the approved by the following Roll Call Vote: Gage, Hale, Palmerlee, Valdez and Hughan. Paul V. Kloeckerand Larry Mussallem: seconded by Councilman Consent Calendar be Ayes: Councilmembers: Absent: Councilmembers: Approved the Minutes of the Regular Council Meeting of August 7, 1989; Denied a Damage Claim of Gary Cooper as recommended; Approved the request to add new account numbers to the 1989-1990 Budget as recommended; Approved a Quitclaim Deed for First Street/Dyer as recommended; Approved Deferred Development Agreement #89-6, Daniel and Natalia Rios, as recommended; Approved Development Agreement #89-4, Raisch Products, as recommended; and; Approved the Minutes of the Special Council Meeting of August 10, 1989. (The Mayor deviated from the regular agenda in order to accommodate interested persons in the audience.) The Mayor asked if there was anyone in the audience wishing to speak on any item not on the agenda. Heard from the following requesting Council support that the BMX Bicycle Track be allowed to continue operation at its present site located outside of the City of Gilroy, noting that said use is not allowed at said location in an agriculture zone: Kitty Headley, representing BMX; Len Ashley, Morgan Hill; Richard Max, Salinas resident; Marcy Garcia, 803 Lawrence Drive, parent and school teacher; Karen Santa Cruz, Folsom State Prison; Dale Paris, Paso Robles; Roslie Roy, Gilroy teacher; Larry Brown, Police Officer; Dave Oaks, Gilroy resident; Hunter Sutter, Salinas resident; and Ernest Lara, local businessman. Councilman Valdez urged the applicant to contact the Gilroy Little League for information on procedures for receiving exempt status. Motion was made by Councilman Gage seconded by Councilman Valdez and carried that the Council supports continuation of the BMX Bicycle Track operation and authorized the Mayor to write a letter to the County indicating the City's support. (The Mayor continued with the regular order of the agenda.) Li tter Ord. Underground Utilities League Conf. Council on Aging Bldg.Bd. of Appeals Wheeler Hosp. Bldgs. L:;.7 8 '1 ."" I Discussion was had regarding a proposed ordinance pertaining to littering further explained by the City Attorney. A letter from Gavi1an Newspapers was noted further explained by Fuller Cowell, requesting that the proposed penalties for violation of the ordinance be reduced. Discussion was had on the matter. Mr. Miguel Paredes, 7781 Church Street, addressed the Council inquiring as to the number of complaints received regarding advertising literature distributed throughout the City. Motion was made by Councilman Palmerlee seconded by Councilman Valdez and carried that the ordinance presented be introduced with clarification that citations shall apply only to continuing violations at anyone location, to be published by title and summary. Councilman Hale voted "no" on the motion. Discussion was had on requests of GBF Spencer Rentals, 6300 Chestnut Street and Rosso Furniture, 6881 Monterey Street for waiver of undergrounding utility requirements, further explained by City Engineer Allen. Mr. John E. Pate, representing GBF Spencer Rentals, addressed the Council further explaining the request. Mr. Jaime Rosso, Rosso Furniture Partner, addressed the Council further explaining their request. Council requested that the matter be reagendized in order to allow Staff time to obtain additional information regarding fees proposed in lieu of underground utility requirements at the time of development similar to those required by the City of San Jose for Council review. Motion was made by Councilman Gage seconded by Councilman Valdez and carried that Jay Baksa, City Administrator, be designated as Voting Delegate and Michael Dorn, Planning Director, be designated as Alternate Delegate for the Annual League of California Cities Conference in October, 1989. The Mayor noted that she would be contacting the Senior Citizen' Advisory Board regarding the request of the Council on Aging for an appointee to fill the unexpired term of Rudolfo Nunez (7-1-89). The following informational items were noted with no separate discussion on same: California Highway Patrol thanking the Police Department for their cooperation during the Garlic Festival; Gilroy Garlic Festival Association expressing appreciation of Staff's cooperation during the Garlic Festival; City's response to County for prompt action regarding alleged tick problem at Christmas Hill Park; and Report of Public Safety Director Gillespie in response to citizen's complaint regaring Cruise Nights. The Minutes of the Building Board of Appeals meeting of August 3, 1989 were noted. (The Mayor deviated from the regular agenda in order to accommodate interested persons in the audience. She inquired if anyone in the audience wished to speak on any matter not on the agenda.) Mrs. Mildred Hanna, addressed the Council requesting a proposal to retain Wheeler Hospital Buildings between Sixth & Fifth Streets and Carmel & Princevalle Streets for Senior 5782 Adjrnmt. ~_""~~'J,.~"__m~~~",~_'_',,_'-J""_'>_~._~~_"'_~__N,""'"_~~__~~~._,~~q"~="~~'.,,,.~_~.'__.,,~~~,...~,.,,,_~~",', Housing. It was noted that the Wheeler Hospital Association is the owner of said buildings and that the City would only be involved in the zoning of the property. The City Attorney noted that the Building Board of Appeals hearing regarding the Old City Hall Restaurant building has not been resolved since it requires four members of a seven-member board to take any action at all, even when a quorum was present; no decision on a 3-2 vote. City Administrator Baksa distributed a revised schedule re: JPA Sewer EIR information. The Mayor tabled action on appointment of the RDA Citizens' Committee in order to obtain additional volunteers for specific categories. City Administrator Baksa noted that the State has agreed to not withhold City's sales tax payments until the court case regarding same is resolved. He further noted that the City s attrorneys would be present at a Closed Session scheduled for September 18, 1989 at 7:00 o'clock p.m. to discuss same. City Administrator Baksa noted that the School Liaison Committee Meeting has been scheduled for October 4, 1989 at 5:15 p.m. if there was no objection from Council. There was no objection noted. Councilman Mussallem, committee member was not present to confirm same. Councilman Valdez noted the Hispanic Cultural Festival opening ceremonies is August 26, 1989 at noon and invited Council to same. At 10:02 p.m. the Mayor adjourned the meeting to Tuesday, September 5, 1989 (9-4-89 Legal Holiday). i!~:;;tbmitted' , . City Clerk - .~