Minutes 1987/11/02
5568
Posting
Agenda
Roll Call
Intro.Emp.
Consent
Calendar
Regular Meeting
November 2, 1987
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
The City Clerk reported that the Agenda had been posted on
October 30, 1987 at 1:58 p.m.
Present: Councilmembers: Sharon A. Albert, Donald F. Gage,
Larry Mussallem, Paul V. Kloecker, Daniel D. Palmerlee, Pete
Valdez, Jr. and Roberta Hughan.
The Mayor introduced Robert Connelly, promoted to Parks and
Recreation Director and new employee, Daniel M. Gordon, Public
Works Maintenance I.
Motion was made by Councilman Gage seconded by Councilman
Valdez that the following items under the Consent Calendar be
approved by the following Roll Call Vote, removing Item "C",
Ordinance Enacting Chapter 14A of the Gilroy City Code pertaining
to Mobile Home Rent Stabilization: Ayes: Councilmembers: Albert,
Gage, Kloecker, Mussallem, Palmerlee, Valdez and Hughan:
Minutes
Rent
Control
Ord.87-17
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Pub.Hear.
R.Peterson
'Muni.License
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5569
Approved the Minutes of the Regular Council Meeting of
October 19, 1987;
Approved the Minutes of the Special Council Meeting of
October 15, 1987;
The Mayor noted a letter from Schramm & Raddus, Attorneys re:
Mobile Home Park Rent Control to be agendized on the November 16,
1987 regular Council Meeting agenda.
Motion was made by Councilman Gage seconded by Councilman
Valdez and carried that the reading of Ordinance No. 87-17 be
waived and that it be adopted.
ORDINANCE NO. 87 - 17
ORDINANCE OF THE CITY OF GILROY ENACTING CHAPTER 14A OF THE
ROY CITY CODE PERTAINING TO MOBILE HOME RENT STABILIZATION.
PASSED AND ADOPTED this 2nd day of November, 1987, by the
following vote:
AYES: COUNCILMEMBERS:
GIL-
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
ALBERT, GAGE, MUSSALLEM,
VALDEZ and HUGHAN.
KLOECKER
None
PALMERLEE,
The Mayor stated that it was the time and place scheduled
to consider revocation of a City of Gilroy business license
issued to Mr. Ray Peterson at 8595 Murray Avenue, Gilroy, CA.
The Staff Report was noted and further explained by
Assistant Planner Faus.
Mr. Tom Nelson, District Supervisor of the Department of
Motor Vehicles, addressed the Council in regard to revocation of
the State Board of Equalization license.
The Mayor asked if Mr. Peterson or his representative would
like to address the Council.
Mr. Peterson addressed the Council concerning revocation of
his State license, citations issued by the City, and requested to
relinquish his present business license for a City merchandising
license which would permit his business operation to repair auto-
biles, but could not sell automobile parts retail.
Discussion was had by Council on the matter and further
explanation of the problem in chronological order by Planning
Director Dorn regarding citations issued.
The City Attorney noted that the issue is the dismantling
license revoked by the State and expansion of Mr. Peterson's
business on adjacent property which is in violation of the Zoning
Ordinance.
Mr. Peterson further explained his hardship reasons for not
complying with City requirements.
Mr. Nelson, addressed the Council further explaining the
reasons for revocation of the State license noting that all Df
the required conditions had been met with the exception of the
unpaid fees; that the revocation of said license would no longer
allow Mr. Peterson to remove parts off of the automobiles and
sell them retail. He further noted that Mr. Peterson would have
to appeal same in the Superior Court if he wished to continue his
business operation of selling retail. He further noted that if
Mr. Peterson is prepared to pay the fines that he should contact
the State legal Staff in Sacramento.
Discussion was had by Council on the matter.
Motion was made by Councilman Gage seconded by Councilman
Mussallem and carried that Mr. Peterson's business license be
suspended for five (5) months thereafter or earlier upon applica-
tion by Mr. Peterson to reconsider if the automobiles have been
removed from the adjacent property.
5570
USA Applics.
Mun.Bus.
Systems
Jt.Powers
Agree.-Block
Grant Prog.
Res. 87-76
Xmas Decora-
tions
Motion was made by Councilman Gage seconded by Councilman
Kloecker and carried that the above motion be amended that the
suspension be effective December 1, 1987 and that no additional
City citations would be issued for five (5) months to allow Mr.
Peterson to remove his automobiles off of the adjacent
properties.
The Mayor stated that it was the time and place scheduled
to discuss the Urban Service Area Application (USA 87-4) noting
that the Public Hearing was held September 21, 1987 and Council
decision continued to October 19, 1987 and further continued to
November 2, 1987.
Planning Director Dorn further explained the Staff report
for USA 87-4 noting that the Urban Service Area applications need
to be submitted to LAFCO in November.
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Motion was made by Councilman Gage seconded by Councilman
Valdez and carried that USA 87-4 application be approved with the
condition that deferred annexation and development agreements
could be agreed upon prior to submission of the urban service
area requests to LAFCO. Councilwoman Albert voted "no" on the
motion. Council requested that the resolution regarding the
Urban Service Area applications be tabled to the November 16,
1987 regular Council Meeting to allow Staff to negotiate with the
USA 87-4 applicant.
Tabled action on Management Services Institute re: Munici-
pal Business Systems to the November 16, 1987 Regular Council
Meeting.
City Administrator Baksa presented and recommended renewing
the Joint Powers Agreement, Block Grant Program for Fiscal Years
1988, 1989 and 1990.
Motion was made by Councilwoman Albert seconded by Council-
man Gage that the reading of Resolution No. 87-76 be waived and
that it be adopted approving renewal of the Joint Powers Agree-
ment, Block Grant Program for Fiscal Years 1988, 1989 and 1990 as
recommended.
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RESOLUTION NO. 87 - 76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
ACKNOWLEDGING EXECUTION OF JOINT EXERCISE OF POWERS AGREEMENT AND
COOPERATION AGREEMENT PURSUANT TO TITLE I OF THE HOUSING AND
COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED.
PASSED AND ADOPTED this 2nd day of ~ovember, 1987, by the
following vote:
AYES: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER. MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN.
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
The Mayor asked if there was anyone in the audience wishing
to speak on any matter not on the agenda.
Mr. Chris Cote, Urban Service 87-4 applicant, addressed the
Council, thanking them for action taken on his application.
Mr. Jack Kazanjian addressed the Council thanking them for
action taken regarding USA 87-4 and recommending that the Council
repeal the Rent Control Ordinance.
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City Administrator Baksa noted that the Rent Control
Ordinance will not cost the City funds equal to a police officer
and that arbitration fees are to be paid by those taking the
action; and that no new City staff personnel will be required.
......
A letter from the Gilroy Chamber of Commerce was noted re-
requesting the City to install and remove electrolier Christmas
decorations further explained by Dr. Phil Buchanan, Chairman of
the Christmas decorations of the Chamber of Commerce. Dr.
Buchanan further noted that lighting maintenance on the decora-
tions (i.e. changing lights that are out) is also required at
least one or two times prior to Christmas.
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C.Bozzo
Reimb. Agree.
Outside Sewer
Connection -
A. Pena
Plan.Com.
10-1-87
Circ. Elem.
Gen. Plan
Energy
Program
Adj rnmt .
5571
Council continued action on the request to their November
16, 1987 regular meeting to allow Staff to prepare City's costs
to erect and remove the Christmas decorations requested.
A letter from Carl E. Bozzo, requesting extension of a
reimbursement agreement for property on Mesa Road was noted.
The Staff report was noted and further explained by City
Administrator Baksa. Motion was made by Councilman Gage seconded
by Councilwoman Albert and carried that the request for extension
of the reimbursement agreement be denied as recommended.
A request of Aldolfo Pena, owner of EI Rancho Grande, 17555
Condit Road, Morgan Hill, for permission to connect to the Morgan
Hill Sewer System was noted and further explained by City Admini-
strator Baksa, noting that the Joint Powers Advisory Committee
had recommended approval of this request.
Motion was made by Councilman Valdez seconded by Councilman
Gage and carried that Adolfo Pena be granted permission to con-
nect to the Morgan Hill Sewer System as recommended.
The following informational items were noted with no
separate discussion on same:
Proclamation issued by Mayor Hughan: American Education
Week - November 15-21, 1987;
Report of Investments Exceeding One Year Maturity;
Debbie Nelson's resignation from the Library and Culture
Commission;
Minutes of the Gilroy Downtown Revitalization Interim Board
Meeting of October 12, 1987 including Update; and
Police Department Employee of the Month of September, 1987,
Gladys Sheets, Police Records Clerk.
The Report of the Planning Commission Meeting of October 1,
1987 was noted.
City Administrator Baksa distributed information regarding
the Circulation Element of the General Plan.
City Administrator Baksa distributed an informational
report from the Energy Manager noting a meeting to be scheduled
on an update of the grant proposal.
City Administrator Baksa noted that the court date on the
Sewer EIR Hearing has been scheduled for November 13, 1987.
City Administrator Baksa noted the Staff Annual Retreat
with Sam Bozzo scheduled for November 13, 1987 - Topics: Stress
Reduction and Customer Satisfaction.
City Administrator Baksa noted Supervisory Training
scheduled for January through March 1988 (7 weeks).
Councilman Gage noted that the Volunteer Exchange of Santa
Clara County is seeking an individual volunteer for working with
non-profit organizations. The Mayor noted that the City would be
suggesting someone for said appointment.
At 10:25 p.m. the Mayor declared a recess and reconvened
the meeting at 10:33 p.m. At 10:33 p.m. the Mayor adjourned the
meeting to a continued Closed Session re: Litigation.
At 10:39 p.m. the Mayor reconvened the meeting and further
adjourned.
Respectfully submitted,