Minutes 1990/01/16
Invocation
posting
Agenda
Roll Call
Intro.New
Employees
Emp.Award
Consent
Calendar
Minutes
Payroll
Sup.Spec./
Control
Minutes
Mort. Credit
Cert.Prog.
Res.90-5
,f) 83 1
Regular Meeting
January 16, 1990
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag at 8:01
p.m.
The Reverend Richard smith, Seventh Day Adventist Church
gave the Invocation.
The City Clerk reported that the Agenda had been posted on
January 11, 1990 at 11:56 a.m.
Present: Councilmembers: Leonard A. Hale, Paul V. Kloecker,
Sara C. Nelson, Pete Valdez, Jr. and Roberta H. Hughan; Absent:
Councilmembers: Donald F. Gage and Larry Mussallem.
The Mayor introduced new employees and their wives: Jerry
Thome, Facilities Maintenance Specialist and Scott Lang, Landscape
Maintenance Supervisor.
The Mayor presented Julie Ines, Police Records Clerk II,
with 'the Employee of the Month of December, 1989 Award.
The Mayor requested that Item "D" be removed from the
Consent Calendar for discussion. Motion was made by Councilman
Kloecker, seconded by Councilman Valdez that the following items
under the Consent Calendar removing Item "D" Mortgage Credit
Certificate Program be approved by the following Roll Call Vote:
Ayes: Councilmembers: Hale, Kloecker, Nelson, Valdez and Hughan;
Absent: Councilmembers: Gage and Mussallem:
Approved the Minutes of the Regular Council Meeting of
January 2, 1990;
Approved the job description and salary range for Payroll
support Specialist/Control, previously submitted to Council on
December 20, 1989 and inadvertently omitted action; and
Approved the Minutes of the Regular Council Meeting of
January 8, 1990.
Discussion was had regarding the Mortgage Credit Certificate
Program (MCC) Participation. The Mayor noted that the City has
been requested to appoint a representative on the Mortgage Bond
Allocation Committee. Councilman Kloecker volunteered for said
appointment. The Mayor appointed Councilman K10ecker as the
City's representative on the Mortgage Bond Allocation Committee.
Motion was made by Councilman Kloecker seconded by Council-
man Hale that the reading of Resolution No. 90-5 be waived and
that it be adopted.
RESOLUTION NO. 90 - 5
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY RELATING TO AN
APPLICATION FOR ALLOCATION OF MORTGAGE CREDIT CERTIFICATE ISSUANCE
AUTHORITY.
PASSED AND ADOPTED this 16th day of January, 1990 by the following
vote:
AYES:
COUNCILMEMBERS: HALE, KLOECKER, VALDEZ and HUGHAN.
5632
NOES:
ABSENT:
COUNCILMEMBER: NELSON
COUNCILMEMBERS: GAGE and MUSSALLEM;
Bids re:
Chipper
City Administrator Baksa presented a report and recommenda-
tion on bids received for a Brush Chipper for the Parks &
Recreation Department, further explaining same.
Motion was made by Councilman Hale seconded by Couuncilman
Kloecker and carried that the bid of Vermeer Equipment in the
amount of $16,162.57 for the Brush Chipper be awarded as
recommended.
(Councilman Gage entered at 8:11 p.m. and took his seat at the
Council table.)
The Mayor recognized the Boy Scout Troop in the audience.
Mr. Dick Soranta, representing Troop 792, South Valley Jr. High
School, addressed the Council, noting that they are seeking a
merit badge in attending the Council Meeting.
Councilman Kloecker noted that he recently attended their
Scout meeting and commented favorably on the boys' reports
concerning the City.
Pub. Hear.
GUSD GPA
89-5
The Mayor stated that it was the time and place scheduled
for a Continued Public Hearing to consider a General Plan Amend-
ment request from Park/Public Facility to Low Density Residential
and Low Density Residential to Park/Public Facility, for property
located on Calle Del Rey, north of Mantelli Drive on approximately
13 acres, Gilroy Unified School District, Applicant, GPA 89-5.
(Continued from 10-16-89; 12-7-89; and 12-20-89).
The Staff Report was noted and further explained by Senior
Planner Myer The Mayor asked if there was anyone in the audience
wishing to speak regarding the proposal.
Mr. Sam Bozzo, representing the applicant, addressed the
Council further explaining the request for the General Plan
Amendment since the State Board of Education had recommended a
change in the location of the school on the property due to a
slight trace fault line on the original site, thus requiring the
necessity of a general plan amendment.
Mr. Ted Schaal, property owner, addressed the Council, in
favor of the new proposed school site, noting costs of the
adjacent streets to his development would be less than proposed
for the original site.
The Mayor asked if there was anyone further in the audience
wishing to speak. There was no comment from anyone in the
audience. The Mayor closed the Public Hearing.
Res. 90-6
Motion was made by Councilman Valdez seconded by Council-
woman Nelson that the reading of Resolution No. 90-6 be waived and
that it be adopted.
RESOLUTION NO. 90 - 6
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING AN
AMENDMENT TO THE GENERAL PLAN FOR THE CITY OF GILROY.
PASSED AND ADOPTED this 16th day of January, 1990 by the following
vote:
AYES:
COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
GAGE, HALE,
HUGHAN
None
MUSSALLEM
KLOECKER, NELSON, VALDEZ and
Pub.Hear.-Noble The Mayor stated that it was the time and place scheduled
GPA 89-6 for the Continued Public Hearing to consider a General Plan
Amendment, from Park/Public Facility to Low Density Residential
for property located west of Santa Teresa Boulevard, south of Day
Road, on approximately 8 acres, Barbara & Robert Noble, applicant
and recommended that same be continued to April 16, 1990 due to
the Planning Commission continuing their hearing to April 5, 1990.
Pub. Hear.
Gilroy Med./
Dental-GPA
89-2
Pub. Hear.
Z89-6
Dist.Elec.
Congestion
Manage. Plan
s.C. Valley
Tech. Ctr.
I""Q"77
r..,.. "."
, ~/ '"",: "..,'
Motion was made by Councilman Kloecker seconded by Council-
woman Nelson and carried that the Public Hearing be continued to
April 16, 1990.
The Mayor stated that it was the time and place scheduled
for the continued Public Hearing to consider a General Plan Amend-
ment from Professional Office to Low Density Residential for
property located at 700 West Sixth street, Gilroy Medical Dental
Association, Applicant, GPA 89-2 recommending that the Public
Hearing be continued to April 16, 1990 due to the Planning
Commission continuing their hearing to April 5, 1990.
Motion was made by Councilwoman Nelson seconded by
Councilman Kloecker and carried that the Public Hearing be
continued to April 16, 1990.
The Mayor stated that it was the time and place scheduled
for the Public Hearing to consider a rezoning request of Gilroy
Medical Dental Association, Applicant, Z 89-6 from PO (Profes-
sional Office) to R1 (Single Family Residential) District for
property located at 700 W. Sixth Street, recommending that the
Public Hearing be continued to April 16, 1990 due to the Planning
Commission continuing their hearing to April 5, 1990.
Motion was made by Councilwoman Nelson seconded by
Councilman Kloecker and carried that the Public Hearing be
continued to April 16, 1990.
Councilman Valdez presented and explained an update on
Minority Under-representation Task Force. Council agreed to
select the Task Force under the same procedure used for selection
of City Commissioners with interviews, etc.
Motion was made by Councilman Gage seconded by Councilman
Kloecker and carried that the City proceed with Phase One as
presented with a recommendation on Phase Two from the Task Force
when appointed and activated. Council set February 12, 1990 as
the deadline to receive applications from volunteers for the Task
Force.
Mr. Vince Ternasky, high school student, addressed the
Council and inquired if the City is large enough to support
district elections. The Mayor noted that this was a concern and
hoped to be answered by the Task Force.
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 letter from the City of Campbell was noted regarding
Congestion Management Agency Issue, further explained by the
Mayor, noting that no action is requested until one plan is
proposed.
Councilman Kloecker noted that a new proposal would be
forthcoming later in February or early in March, 1990.
A letter from Supervisor Diridon, was noted encouraging the
City to become an Affiliate Member of the Santa Clara Valley
Technology Center. It was noted that the City's cost would be
$180.00 based upon $1.00 per employee and that the fee is
annually.
Motion was made by Councilman Gage seconded by Councilman
Kloecker and carried that the City become an Affiliate Member of
the Santa Clara Valley Technology Center. Councilwoman Nelson
voted "no" on the motion.
An invitation from the City of San Jose to Co-Sponsor a
Business-Oriented Environmental Conference on June 14, 1990 was
noted.
1:: 8' "Z, 4
....) v ~
Lawsuit
re:prop. Tax
Revenue
AB 939
Ord.re:
Retail use
of Bags
Res.89-7,
8 +-9
An invitation from the California Contract Cities Associa-
Association for the City to join a lawsuit on behalf of a group of
cities challenging the constitutionality of the state's method of
allocating property tax revenue among California Cities was noted.
Motion was made by Councilwoman Nelson seconded by
Councilman Gage and carried that $250.00 be authorized to allow
the City to join in the lawsuit with a group of cities to
challenge the constitutionality of the state's method of
allocating property tax revenues as recommended.
A request of Supervisor McKenna for support to amend AB 939
which reorganizes state Solid Waste Management and Planning
Practices, was noted.
Motion was made by Councilwoman Nelson seconded by
Councilman Valdez and carried that the City support the
recommended amendments to AB 939 as presented.
A letter from the City of Palo Alto was noted requesting
adoption of an ordinance requiring all retail stores to offer
either paper bags only or a choice between paper and plastic bags.
Discussion was had on the matter. Council requested
additional information, specifically, review of the City of
Berkeley's ordinance prohibiting the use of Styrofoam containers
and that the local Chamber of Commerces comment on the ordinance
requested by the City of Palo Alto prior to action by the City.
A request of Supervisor McKenna for commendation resolutions
to Armed Services Personnel following the recent earthquake was
noted.
Motion was made by Councilwoman Nelson seconded by
Councilman Hale that the reading of Resolution No. 90-7 be waived
and that it be adopted.
RESOLUTION NO. 90 - 7
RESOLUTION OF THE COUNCIL OF
MEMBERS OF MOFFETT NAVAL AIR
PASSED AND ADOPTED this 16th
following vote:
AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, NELSON, VALDEZ and
HUGHAN
COUNCILMEMBERS: None
COUNCILMEMBER: MUSSALLEM.
THE CITY OF GILROY COMMENDING THE
STATION.
day of January, 1990, by the
NOES:
ABSENT:
Motion was made by Councilwoman Nelson seconded by
Councilman Hale that the reading of Resolution No. 90 - 8 be
waived and that it be adopted.
RESOLUTION NO. 90 - 8
RESOLUTION
MEMBERS OF
PASSED AND
following
AYES:
OF THE COUNCIL OF THE CITY OF GILROY COMMENDING THE
ONIZUKA AIR FORCE BASE.
ADOPTED this 16th day of January, 1990, by the
vote:
COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
GAGE, HALE,
HUGHAN
None
MUSSALLEM.
KLOECKER, NELSON, VALDEZ and
Motion was made by Councilwoman Nelson seconded by
Councilman Hale that the reading of Resolution No. 90-9 be waived
and that it be adopted.
RESOLUTION NO. 90 - 9
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY COMMENDING THE
MEMBERS OF THE 129TH AIR RESCUE GROUP, CALIFORNIA AIR NATIONAL
GUARD.
PASSED AND ADOPTED this 16th day of January, 1990, by the
following vote:
Visitor's
Bureau
Proc.
Plan. Com.
1-4-90
Hillside Dev.
Guidelines
JPA
P & R Com.
Qr.Reports
Retreat
Water prog.
Committees
Recycling
5835
AYES:
COUNCILMEMBERS:
GAGE, HALE,
HUGHAN
None
MUSSALLEM
KLOECKER, NELSON, VALDEZ and
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
The minutes of the Visitor's Bureau Advisory Committee
Meeting of November 2, 1989 and the Financial Statement for
November, 1989 were noted.
The Mayor asked for a volunteer as the
on the Visitor's Bureau Advisory Committee.
volunteered for said appointment. The Mayor
woman Nelson as the City's Representative.
City's Representative
Councilwoman Nelson
appointed Council-
A Proclamation Issued by Mayor Hughan for
Community Week, January 20-27, 1990 was noted.
noted the Vietnamese Flag Raising Ceremonies at
scheduled for January 20, 1990 at 9:30 a.m.
Vietnamese
The Mayor also
City Hall
Noted the Town of Takko, Sister City in appreciation.
The Planning Commission Report of their January 4, 1990
Meeting was noted.
A recommendation to approve amendments to the City's
Hillside Development Guidelines was noted further explained by
City Administrator Baksa. Motion was made by Councilman Gage
seconded by Councilman Valdez and carried that the amendments to
the City's Hillside Development Guidelines be approved as
presented.
The Updated Schedule for the Long-term Wastewater Treatment
Plant EIR was noted. Councilman Gage requested that Counci1members
be familiar with the proposed dates and future updated schedules.
He noted the distribution of the Draft EIR at this meeting. It
was also noted that negotiations are progressing with the City of
Morgan Hill.
The Minutes of the Joint Powers Sewer Advisory Committee
Meeting of November 28th and December 12, 1989 were noted.
The Minutes of the Parks and Recreation Commission Meetings
of November 21st and December 19, 1989 were noted.
The Minutes of the Library & Culture Commission Meetings of
November 14th and 20, 1989 were noted.
The Minutes of the Gilroy Golf Course Advisory Board Meeting
of November 18, 1989 were noted.
City Administrator Baksa distributed the 4th Quarterly
Reports.
City Administrator Baksa noted the Council Retreat scheduled
for March 9, 10 and 11, 1990 at the Days Inn in Seaside. Council-
lwoman Nelson noted that she would not be able to attend.
Discussion was had on an update on the Water Conservation
Program and proposal for a tiered billing system with summer and
winter rates. Council requested same be presented to them for
further review. Council also requested that the landscape policy
be reviewed.
The Mayor appointed the following Councilmembers as City
Council representatives on the following Committees: Councilman
Hale, Historical Heritage Committee; Councilwoman Nelson,
City/SChool Liaison Committee; and Councilman Kloecker, South
County City's Association.
Councilman Kloecker gave an update on the City's Recycling
Program noting that the Task Force selected a yellow bin and is in
the process of preparing the text for advertising material.
Councilman Hale inquired of the Traffic Study progress. It
was noted that same has been temporarily postponed.
City Administrator Baksa noted that Richard Cox has
indicated his retirement proposed for April 1, 1990 and that the
City is recruiting for the position of Director of Public Works.
The Mayor noted the Council Study Session of January 22,
1990 at 7:00 p.m. in the Employees' Lounge, re: Capital
Improvement Program and Revenue Projections - 1990-1995.
Adjrnmt.
At 9:48 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
4~~~.d~