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Minutes 1988/06/06 5632 Invocation Posting Agenda Roll Call Intro.New Employees Emp.Award Consent Calendar Minutes Ord.88-8 Regular Meeting June 6, 1988 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. The Mayor called on The Reverend Robert Hansen, St. Stephens Episcopal Church to give the Invocation. The City Clerk reported that the Agenda had been posted on June 2, 1988 at 9:09 a.m. Present: Councilmembers: Donald F. Gage, Leonard A. Hale, Paul V. Kloecker, Larry Mussallem, Daniel D. Palmerlee, Pete Valdez, Jr. and Roberta H. Hughan - 8:02 p.m. The Mayor introduced the following new employees: Michael Fresques, Jr., Chief Accountant; Michael Souza, Public Works Maintenance I; and Brian L. Hunt, Maintenance I - Water Department. The Mayor presented the Employee Award for the Month of April 1988 to Jeannie Bravo, Clerk Typist I. Councilman Mussallem noted that he would not discuss or vote on Item "G" re: Improvements due to a conflict of interest on same. Councilman Hale inquired about Item "E" re: State Cooperative Agreement. 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: Ayes: Councilmembers: Gage, Hale, Kloecker, Mussallem, Palmerlee, Valdez and Hughan: Approved the Minutes of the Regular Council Meeting of May 16, 1988; Adopted Ordinance No. 88-8, Water System Backflow Preven- tion Ordinance; ORDINANCE NO. 88 - 8 AN ORDINANCE OF THE CITY OF GILROY ENACTING CHAPTER 27, ARTICLE V OF THE GILROY CITY CODE PERTAINING TO WATER SYSTEM BACKFLOW PREVENTION. PASSED AND ADOPTED this 6th day of June, 1988, by the following Roll Call vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ, and HUGHAN None None; Def.Dev. Agree. Chevron Minutes Res.88-37 ".... ..... Dev.Agree Simonsen Imprvmts. Hearing re: R.Peterson Bus. Lic. - ....... ,... .... 5633 Approved a Deferred Development Agreement with Chevron Service Station as recommended; Approved the Minutes of the Special Council Meeting of May 24,1988; Adopted Resollution No. 88-37 Approving a Cooperative Agreement to Modify the Traffic Signal at Monterey Street and Leavesley Road as recommended; RESOLUTION NO. 88 - 37 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING COOPERATIVE AGREEMENT NO. 4-1176-C TO PROVIDE FOR MODIFICATION TO THE EXISTING TRAFFIC CONTROL SIGNAL AND PERFORMING ROADWORK AT THE INTERSECTION OF WELBURN AVENUE WITH STATE HIGHWAY 152 IN THE CITY OF GILROY. PASSED AND ADOPTED this 6th day of June, 1988, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN COUNCILMEMBERS: None COUNCILMEMBERS: None; Approved a Development Agreement for Simonsen as recommended; and Accepted the following Improvements: 1) Meads III, Tract 117895; 2)\ Starritt, 5th & Eigleberry Sts.; 3) South County_ Housing, Tract #8000; 4) Obata, Mayock Cul-de-sac Improvement; and 5) Heredia Center, 275 Welburn Avenue. (Councilman Mussallem did not vote upon this Consent Calendar item.) The Mayor stated that it was the time and place scheduled for the Hearing to consider revocation of a City of Gilroy Business License issued to Ray Peterson at 8595 Murray Avenue, Gilroy, CA. The Staff Report was noted and further explained by Planner II Faus,noting that the State has reported no change in the State Board of Equalization permit issued to this business and that the property owner (Montano) did not respond to the City regarding this matter. The Mayor asked if there was anyone in the audience wishing to speak for or against this matter. Mr. Ray Peterson addressed the Council requesting 30 day extension to remove the vehicles from the property. He further noted that the Business License for this business had expired on December 31, 1987 and that there is no business license to revoke. He further noted illness and equipment problems as the reason the vehicles had not been removed from the property within the prescribed time. Mr. Roger Anthony Patrick, addressed the Council noting that he is working with Mr. Peterson to clean-up the property and that a 30-60 day extension would be desired to complete said proj ect. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. There was no comment from anyone in the audience. The Mayor recommended granting a 60 day extension to Mr. Peterson to complete removal of vehicles and debris from the property. Discussion was had by Council on the matter. Motion was made by Councilman Kloecker seconded by Council- man Valdez and carried that the Hearing be continued for 60 days to allow Mr. Peterson to complete removal of the vehicles, etc. from the property and requested that the property owner (Montano) be informed of this action of the Council. Councilman Mussallem voted "no" on the motion. (60 days expires August 5, 1988; Hear- ing continued to August 15, 1988, next regular Council Meeting following expiration date.) 5634 Pub.Hear. Solid Was te Manage. Plan Theatre Angels So.Co. Housing Laurelwood Project The Mayor stated that it was the time and place scheduled for the Public Hearing to consider an amendment to the Solid Waste Management for Santa Clara County to combine the North and Central Subregions, the South West Subregion and provide con- tinued access to Guadalupe Mines Landfill, and provide for annual reporting regarding waste reduction to achieve 25% Goal by 1995. The County Staff Report was noted and further explained by City Administrator Baksa. The Mayor asked if there was anyone in the audience wishing to speak on the matter. There was no comment from anyone in th audience. The Mayor closed the Public Hearing. ~ Motion was made by Councilman Gage seconded by Councilman Hale that the reading of Resolution No. 88-38 be waived and that it be adopted. ..... RESOLUTION NO. 88 - 38 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING 1988 AMENDMENT TO THE SANTA CLARA COUNTY SOLID WASTE MANAGEMENT PLAN TO COMBINE THE NORTH AND CENTRAL SUBREGIONS, RENAME THE SOUTHWEST SUBREGION AND PROVIDE CONTINUED ACCESS TO GUADALUPE MINES LANDFILL, AND PROVIDE FOR ANNUAL REPORTING REGARDING WASTE REDUCTION TO ACHIEVE 25% GOAL BY 1995. PASSED AND ADOPTED this 6th day of June, 1988, by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ, and HUGHAN None None NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Discussion was had regarding the Theatre Angels House offered to the City for the remaining balance of the mortgage. The Staff report was noted and further explained by City Administrator Baksa. IIIlI Heard from Ms. Donna Pray, representing the Board of Directors of TAAL further explanation of same. .... Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that the gift of the Theatre Angels House as offered, to use the premises as recommended by Staff be approved and agreed upon to install a plaque designating the donor. Councilman Kloecker recommended that South Valley Community be allowed to continue use of the house as their Box Office. Ms. Donna Pray noted tht she would convey the Councils' approval for a vote of the organization at their next meeting of June 28, 1988. City Administrator Baksa presented a request of South County Housing not agendized, recommending that Council consider same at this meeting due to the urgency of the matter. Motion was made by Councilman Palmerlee seconded by Coun- cilman Gage and carried that the request of South County Housing regarding their Laurelwood Project be considered due to the urgency of the matter. .... Ms. Marie Juncker, Executive Director of South County Housing addressed the Council further explaining the request for the City to approve the Resale Restriction Program for their Laurelwood Project. ..... Motion was made by Councilman Hale seconded by Councilman Gage and carried that the Resale Restriction Program for South County Housing's Laurelwood Project be approved and that the City Administrator be authorized to execute the required documents on behalf of the City as presented. AB3205 Tanner Prog. .... .... - ....... JPA Minutes 4-12-88 P.& R.Com. 5-17-88 Lib. & Cult. 3-8-88 Plan. Com. S .-2-~R '),'7, 1<'~.~:; .....- i .... Bus Servo 5635 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 request of the Intergovernmental Council for support of AB 3205 and participate in the funding for the Tanner Program Activities was noted and further explained by City Administrator Baksa. Motion was made by Councilman Mussallem seconded by Councilman Gage and carried that the City supports AB 3205 and authorizes participation in the funding for the Tanner Program Activities in the amount of $2,260.00 in the 1988-89 fiscal year. The following informational items were noted with no separate discussion on same: South County Realtors Association Volunteer Painting of Recreation Building at Las Animas Park; Gilroy Teachers Association Thanking Support for "Day of the Teacher"; Police Department Employee of the Month of April 1988, Officer John Sheedy; Report of Investments With Maturities Exceeding One Year; City's Response to Martin General Plan Amendment; Planning Staff Approvals, Dated May 27, 1988; Report on Thomas Road Bridge Scheduling and Detour Plans; Proclamation Issued By Mayor Hughan: Chiropractic Wellness Week - June 12-18, 1988; and Santa Clara Valley Water District Recommending to Not Support the Resolution re: Bay-Delta Estuary Protection. The Minutes of the Joint Powers Sewer Advisory Committee meeting of April 12, 1988 were noted. The Minutes of the Parks and Recreation Commission Meeting of May 17, 1988 were noted. The Minutes of the Senior Advisory Board Meeting of April 18, 1988 were noted. The Minutes of the Gilroy Golf Couse Advisory Board Meeting of April 19, 1988 were noted. The Minutes of the Library and Culture Commission Meeting of June 2, 1988 were noted. The Museum Report, dated April 12, 1988 was noted. The Report of the Planning Commission Meeting of June 2, 1988 was n:):J~L ';if-Y \1:.,li.l;.;t.:'ti:):' ~1'~;lli_{tLibuted copies of a letter from the Bay Area Counsel regarding Development Fees. Councilman Kloecker noted that the Santa Clara County Transit District will be conducting a Public Hearing at the Senior Center regarding the Bus Service in South County on June 16, 1988 at 7:30 p.m. and suggested that the City Engineer attend same on behalf of the City. He further suggested the need for express bus service from South County to North County eliminating stops in the Central San Jose business district. Councilman Mussallem inquired of the status of Judge Stone's report on the Wastewater Treatment Facilities. City Administrator Baksa noted that the Judge has not issued a writ to date. 5636 Adjrnmt. .. The Mayor noted the Joint Meeting of the Gilroy City Counc~l and Gilroy Unified School District Board of Education June'13, 1988 at 5:30 p.m. to meet' at Christmas Hill Park for a Tour of the proposed High School Site/Community Use in the Southwest Quad. The Mayor noted that the Annual City Barbecue will be on August 13, 1988 at Christmas Hill Park. The Mayor noted the City Council Study Session, June 13, 1988 - 7:30 p.m. Council Chambers, City Hall, 7351 Rosanna Street, Gilroy, re: Binding Arbitration. At 8:59 p.m. the Mayor adjourned the meeting to a Closed Session re: Litigation in accordance with Section 54956.9 (c) of the Government Code re: State Board of Equalization and Exposure to Litigation in accordance with Section 54956.9 (b) (1) of the Government Code. At 9:19 p.m. the Mayor reconvened the meeting and further adjourned. Respectfully submitted, ~~1:~. eit: