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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. ---, ! ...,) 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; ~ - 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. ...... - Liability Insurance Res. 1186-33 - 1986-87 Budget re: Non-Profit Organiza- tions ~ - 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. - 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 ..... ~ - -~ - 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. - i Noted the Minutes of the Downtown Action Committee Meet- ing of May 14, 1986 including the May 28, 1986 Agenda. - 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 - .... 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. .... 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 " :)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.