Minutes 1986/06/02
Roll Call
r 7 2 '1
,.J:J _ ,J
June 2, 1986
Gilroy, California
Mayor Protempore Albert led the Pledge of Allegiance to
the Flag.
Present: Councilmembers: Donald F. Gage, Paul V.
Kloecker, Larry Mussallem, Daniel D. Palmerlee, Pete Valdez,
Jr. and Sharon A. Albert. Absent: Councilmember: Roberta H.
Hughan. (8:02 p.m.)
5324
Lib. & Cult.
Com.Presenta-
tion
Consent
Calendar
Minutes
Minutes
Claim-J.P.
Rapazzini
et al
Claim-S.Y.
Sorenson
Claim-J.
Curro
Claim-J.
Chavez
Claim-J.&C.
Rodriguez
Claim-J.
Acosta et al
Res. 1186-31
CHP-Garlic
Festival
Def.Dev.Agree.
Gilroy Foods
Dev.Agree.
J . R. Price
Res. 1186-32
G.Porcella
Memorial
Elizabeth Lai, Chairperson of the Library and Culture
Commission, presented on behalf of the City Council a Certi-
ficate of Appreciation to Isabell Jewell for her work with the
Library.
Mayor Protempore Albert noted an omission from the April
22, 1986 Minutes of the Joint Gilroy/Morgan Hill Special
Council Meeting not indicating her entrance following Speaker,
Ruth Vreeland, City Councilmember from the City of Monterey.
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 to include the
omission noted by Mayor Protempore Albert: Ayes: Councilmem-
bers: Gage, KloeckerJ Mussallem, Palmerlee, Valdez and Albert.
Absent: Councilmember: Hughan.
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!
...,)
Approved the Minutes of the Regular Council Meeting of
May 19J 1986;
Approved the Minutes of the Jont Gilroy/Morgan HIll
Special Meeting of April 22J 1986 as corrected;
Denied a Damage Claim of Jon P. Rapazzini and Rapazzini
Winery as recommended
Denied a Damage Claim of Sandra Y. Sorenson as recom-
mended;
Denied a Damage Claim of Joseph Curro as recommended;
Denied a Damage Claimm of Joseph Chavez as recommended;
Denied a Damage Claim of Jose and Cecilia Rodriguez as
recommended;
-'''ffllII!!!.
Denied a Damage Claim f Jennie Acosta, et aI, as recom-
mended;
......
Adopted Resolution No. 86-31 authorizing the California
Highway Patrol to direct, control and enforce traffic laws
within the City Limits during the Garlic Festival;
RESOLUTION NO. 86-31
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHOR-
IZING THE CALIFORNIA HIGHWAY PATROL TO DIRECT AND CONTROL
TRAFFIC AND ENFORCE TRAFFIC LAWS WITHIN THE GILORY CITY LIMITS
ON JULY 25, 26 AND 27, 1986.
PASSED AND ADOPTED this 2nd day of June, 1986J by the following
vote:
AYES:
COUNCILMEMBERS:
GAGE, KLOECKER, MUSSALLEM, PALMERLEE,
VALDEZ and ALBERT
NONE
HUGHAN;
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
Approved a Deferred Development Agreement with Gilroy
Foods, Inc. as recommended;
Approved a Development Agreement and Final Map for Tract
7855, Parkside Townhouses (James R. Price, Asco Profit Sharing)
as recommended;
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Adopted Resolution No. 86-32 in Memory of George Por-
cella;
RESOLUTION NO. 86-32
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY IN MEMORY OF
GEORGE PETER PORCELLA.
PASSED AND ADOPTED this 2nd day of June, 1986, by the following
vote:
Claim-F .A.
Jiminez
School Imp.
Fee Ord.
......
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Liability
Insurance
Res. 1186-33
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1986-87
Budget re:
Non-Profit
Organiza-
tions
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5325
AYES:
COUNCILMEMBERS:
GAGE, KLOECKER, MUSSALLEM,
VALDEZ and ALBERT
NONE
HUGHAN; and
PALMERLEE,
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
Denied a Personal Injury Claim of Fernando A. Jimenez as
redommended.
Tabled action on Gilroy Unified School District's request
regarding ordinance revision for impaction fees to the June 16,
1986 regular Council Meeting.
The Mayor Protempore deviated from the regular agenda in
order to accommodate interested persons in the audience.
Noted a Report on Liability Insurance further explained
by Risk Manager Booth recommending approval of the ABAG PlanJ
$50,000 coverage and adoption of a resolution approving same.
Heard from Mr. Gene Leong representing ABAG further
explaining the proposal.
Motion was made by Councilman Gage seconded by Council-
man Mussallem that the reading of Resolution No. 86-33 be
waived and that it be adopted.
RESOLUTION NO. 86-33
A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AUTHORIZING
THE EXECUTION OF ABAG PLAN I DOCUMENTS.
PASSED AND ADOPTED this 2nd day of JuneJ 1986, by the following
vote:
AYES:
COUNCILMEMBERS:
GAGE, KLOECKER, MUSSALLEM,
VALDEZ and ALBERT
NONE
HUGHAN
PALMERLEE,
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
The Mayor Protempore explained the Council action taken
to the government students present in the audience.
The Mayor Protempore continued with the regular agenda.
Noted non-profit organizations requesting funds in the
1986-87 City Budget. The Mayor Protempore asked if there was
anyone present in the audience wishing to speak on the matter
and to limit their presentations to two minutes.
Ms. Debbie Nelson, Library & Culture Commissioner,
addressed the Council requesting funds for a Cultural Director
for the City.
Ms. Sylvia Flores-Grattan, representing Homebound
Seniors, addressed the Council further explaining their program
and services to Gilroy.
Mr. Will Lee, representing the County Historical Commis-
sion, addressed the Council further explaining the proposed
History Book for the County and requested City participation,
noting that they are flexible with municipalities and their
target date is the first quarter of 1987 for publication of
said book.
Ms. Rita Baum, representing the Long-term Care Ombudsman
Program, addressed the Council further explaining their program
and purpose.
Mr. Frank Valadez, President of the Hispanic Chamber of
Commerce, addressed the Council and presented a letter pre-
viously submitted to the City in March of 1986 soliciting
financial support of the City and requested Council to respond
as to support for their organization.
Mrs. Eliabeth Lai, Chairperson of the Library and Culture
Commission, addressed the Council requesting support for
additional hours for the Library from October 15 to May 27
covering the majority of the school year.
1:)30('"
'.. ,. L )
Demolition-
Apt.Bldg.
Ord. 80-23
Flood Plain
Management
Councilman Gage noted that he received a request from
former Librarian, Marjorie Grodhaus, to continue the reading
program for one hour on Wednesday evenings.
Chairperson Lai noted that this program is housed at the
Library and could be conducted elsewhere. She further noted
that they prefer their second choice of requested funding.
Mr. Jorge Vasquez, Editor of the El Gavilan Magazine,
addressed the Council further explaining their requested
funding.
Mr. Jaime RossoJ 7612 Laurel Dr., addressed the Council
noting that he is a member of the Hispanic Chamber of Commerce
and requested that Council demonstrate a commitment equally to
what has been afforded the Chamber of Commerce and Tourism
Bureau.
...
......
Mr. Frank Valadez, President of the Hispanic Chamber,
addressed the Council regarding their cost to the Gilroy
Chamber for depreciation on use of their equipment and re-
modeling and insurance costs.
Discussion was had by Council on the matter. City
Administrator Baksa explained the transient occupancy tax and
percentage of same allocated to the Tourism Bureau. It was
noted that Council agreed at their Study Session to allocate
the 4% transient occupancy tax to the Tourism Bureau noting
that the original tax was 5% and has now been increased to 9%.
Mr. Valdez noted that what they are questioning is what
services the Tourism Bureau will be providing the Hispanic
businesses from their 4% tax allocation, and if some of these
funds should be provided the Hispanic Chamber to accomplish the
same goal.
Discussion was had by Council regarding recommended funds
in the 1986-87 budget to non-profit organizations.
......
Motion was made by Couuncilman Gage seconded by Council-
man Kloecker and carried that the following allocations be
included in the 1986-87 Budget for non-profit organizations:
$500 - Homebound Seniors; $IJOOO - Long-term Care Ombudsman;
$1,000 - Central Safety Council; $3,800 - The Food Bank; $2,500
- Operation Sentinel; $4,200 - South County Alternatives; and
$2,000 - South County Housing.
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City Administrator Baksa noted that the request of the
Library & Culture Commission for the Cultural Director position
was included with the requests for full-time positions in the
budget and that same was not recommended by Council to be
included in the 1986-87 Budget.
Councilman Valdez noted that the issue is the recognition
of the Gilroy Hispanic Chamber of CommerceJ whether or not
funds are to be allocated this fiscal year.
Discussion was had by Council and basically agreed that
they are in support of this organization; that at this time,
funds are not available for allocation to the Hispanic Chamber,
and that this could be reviewed again if requested in the 1987-
88 Budget.
...
A request for demolition of an apartment building at
7455-7469 1/2 Eigleberry Street was noted.
4",.
Motion was made by Councilman Gage seconded by Councilman
Palmer lee and carried that the demolition request be approved
for an apartment building at 7455-7469 1/2 Eigleberry Street as
presented.
City Administrator Baksa noted that the recommendation to
amend the Flood Plain Management Ordinance No. 80-23 would be
reagendized for the June 16J 1986 Regular Council Meeting.
IGC Solid
Waste Sub-
committee
-
AB 3804
Marine
Pres.Zone
.....
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Res. 86-34 re:
Prop. 51
5327
Noted a request of Mayor Barke, Morgan Hill, re: Report-
Solid Waste Decision-Making Structure Task Force and Options
of a Proposed IGC Solid Waste Subcommittee.
At 9:53 p.m., Councilman Gage left the Council Chambers.
Motion was made by Councilman Palmer lee seconded by
Councilman Kloecker and carried that Option 1 be approved as
the best alternative of a proposed IGC Solid Waste Subcommit-
tee.
Noted a request of Supervisor Susanne Wilson requesting
adoption of a resolution opposing Assembly Bill 3804 re:
Marine Preservation Zones.
Councilman Gage returned at 9:56 p.m. and took his seat
at the Council table.
City Administrator Baksa distributed copies of a proposed
resolution in opposition of Assembly Bill 3804 to be adopted by
the City of Morgan Hill at their next regular meeting, forward-
ed by City Manager Mortensen.
Mr. Fred Keeley, Chief of Staff for Assemblyman Sam Farr,
addressed the Council further explaining Assembly Bill 3804,
noting that this bill was not intended to oppose actions of the
Cities of Gilroy and Morgan Hill regardng their Long-term
Wastewater Management Plans; and further that in existing law
there is adequate opportunities for State and local govern-
ments to obtain information through CEQA proceedings as to the
exact effects on water quality in Monterey Bay and elsewhere of
any proposed discharge. He further noted that Bill 3804 does
not speak to any proposals of Gilroy or Morgan Hill nor to the
waters of Monterey Bay in particular. He noted that it calls
for the Secretary of the Resources Agency to propose a list to
the legislature of areas that could be considered as marine
resource zones and the sole purpose of intent is to provide
coordination among existing State agencies and authorities and
requires no change in existing regulatory authorities, only a
streamlining and coordinating effort. He further requested
that Council remain neutral on the bill or support it in con-
cept. He noted that they have better than two months to
resolve this bill. He noted that it presently is in the Senate
Rules Committee and if convenient for the City of Gilroy, hear-
ings would not be set until the City has the opportunity to
study it and modification of the bill is negotiable.
Councilman Gage requested that action on this bill by the
City be tabled to the next regular Council meeting of June 16,
1986 to allow additional time for possible modifications of
said bill.
Councilman Mussallem left the Council Chambers at 10:13
p.m. and returned at 10:16 p.m.
Mr. Keeley noted that the Assemblyman is presently
studying modifications to the bill and that it would be better
to make any amendments to same prior to going before the Policy
Committee and in the best interest of the City; therefore, they
will not bring this bill before the Senate Policy Committee
without a response from the City of Gilroy.
Council agreed to table action on the matter to the next
regular Council Meeting. Councilman Gage noted that he would
have modifications for Council to study prior to the next
Council meeting.
Motion was made by Councilman Gage seconded by Council-
man Mussallem that the reading of Resolution No. 86-34 be
waived and that it be adopted in support of Proposition 51
requested by the Taxpayers for Fair Responsibility.
RESOLUTION NO. 86-34
RESOLUTION SUPPORTING PROPOSITION 51 WHICH APPORTIONS GENERAL
DAMAGE AWARDS AMONG DEFENDANTS ACCORDING TO FAULT.
~)328
Sewer Allo-
cation-To
Berry
Downtown
Action Com.
Ag Sewer Syst.
Sharing
Agreement
Res. 1186-35
Municipal
Lighting
Dist. Act
Study Sess.
re:Gilroy
Foods Cogen.
Proj.
Italian
Heritge
Month
PASSED AND ADOPTED this 2nd day of June, 1986, by the following
vote:
AYES:
COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
GAGE, KLOECKER, MUSSALLEM,
VALDEZ and ALBERT
NONE
HUGHAN
PALMERLEE,
Noted a request of Trevis Berry for a sewer allocation.
Further heard from Mr. Berry in regard to same.
Council tabled action on same to obtain a legal op1n1on
from the City Attorney for a report of same at the next regular
Council Meeting. Mr. Berry concurred with the two-week delay.
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i
Noted the Minutes of the Downtown Action Committee Meet-
ing of May 14, 1986 including the May 28, 1986 Agenda.
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The Mayor Protempore declared a recess at 10:38 p.m. and
reconvened the meeting at 10:43 p.m.
Discussion was had regarding the Agricultural Sewer Sys-
tem Cost Sharing Agreement.
Motion was made by Councilman Gage seconded by Councilman
Kloecker that the reading of Resolution No. 86-35 be waived and
that it be adopted.
RESOLUTION NO. 86-35
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING AND
AUTHORIZING EXECUTION OF THE COST SHARING AGREEMENT AND
ADDENDUM TO THE SEWER REVENUE AGREEMENT OF 1980 WITH GILROY
FOODS, INC., GENTRY FOODS CORP., GILROY CANNING COMPANY AND
GARDEN VALLEY FOODS.
PASSED AND ADOPTED this 2nd day of June, 1986,by the following
vote:
AYES:
COUNCILMEMBERS: GAGE, KLOECKER, MUSSALLEM, PALMERLEE,
VALDEZ and ALBERT
COUNCILMEMBERS: NONE
COUNCILMEMBERS: HUGHAN
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....
NOES:
ABSENT:
The Hearing scheduled for June 16, 1986 for Agricultural
Rates was noted.
City Administrator discussed the Municipal Lighting Dis-
trict Act of 1927. Council set a Study Session to further hear
from the City's Bond Attorneys on July 21, 1986, at 7:00 p.m.
for additional information.
The June 16, 1986 Study Session at 7:00 p.m. to discuss
Gilroy Foods Cogeneration Project was noted.
City Administrator Baksa distributed an update report of
signed sewer agreementsJ 86-87 allocations.
City Administrator Baksa distributed a report in answer
to Council's questions during the Budget Study Sessions.
City Administrator Baksa noted that he will be scheduling
Council/Manager discussions.
City Administrator Baksa noted the June 13, 1986
scheduled date for the City to pick up sand bagsJ etc. from the
flood victims.
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Wi"
City Administrator Baksa distributed forms to Council
for his annual evaluation.
Councilman Gage noted Italian Heritage Month of June and
celebration for same on June 3, 1986 at 12:15 p.m. at the Board
of Supervisors, 70 West Hedding Street, San Jose, and invited
Council to same.
Bonanaza
Days Parade
Jt. Gil/MH
Spec.Mtg.
6-10-86
Adjournment
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:)329
The Mayor Protempore noted the Gilroy Bonanza Days
~arade, June 8, 1986.
Councilman Gage noted because of the insurance problem
they can no longer have their annual barbecue and inquired if
the City could do anything. It was noted that the City could
not do anything unless they waive the liability insurance
requirement.
The Joint Gilroy/Morgan Hill Special Council Meeting
and Continued Public Hearing re: adoption of a Long-term
Wastewater Management Plan, June 10, 1986 - 7:00 p.m., Coun-
cil Chambers, City HallJ 7351 Rosanna StreetJ Gilroy, was
noted.
At 11:15 p.m., the Mayor Protempore adjourned the
meeting.