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Minutes 1988/08/15 5656 Invocation Posting Agenda Roll Call Emp. Award Regular Heeting August 15, 1988 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. The Mayor called on Pastor Mel Brewster, South Valley Community Church, to give the invocation. The City Clerk reported that the Agenda has been posted on August 11, 1988, at 9:47 a.m. Present: Councilmembers: Leonard A. Hale, Paul V. Kloecker, Larry Mussallem, Daniel D. Palmerlee, Pete Valdez, Jr. and Roberta H. Hughan. Absent: Councilmember Donald F. Gage. The Mayor presented the Employee of the Month Award for July 1988 to Mary Prien, Museum Director and City Historian. Consent Calendar Minutes Claim-Malleck ...... Ord. 88-10 ..... Ord. 88-11 ......... -- Res. 88-50, Claim-Daly ... Res. 88-51 .... 5657 Motion was made by Councilman Mussallem seconded by Coun- cilman Hale that the following items under the Consent Calendar be approved by the following Roll Call Vote: Ayes: Council- members: Hale, Kloecker, Mussallem, Palmerlee, Valdez and Hughan. Absent: Councilmember Gage; Approved the Minutes of the Regular Council Meeting of August 1, 1988; Denied a Claim of Ray Malleck Custom Homes and Ray Malleck, individually, as recommended; Adopted Ordinance No. 88-10 fixing amount of revenue from property taxes necessary to pay bonded or other indebtedness re: Parking District #1 - First Division. ORDINANCE NO. 88-10 ORDINANCE OF THE CITY OF GILROY FIXING AMOUNT OF REVENUE FROM PROPERTY TAXES NECESSARY TO PAY BONDED OR OTHER INDEBTEDNESS OF THE CITY OF GILROY OR ANY PORTION OR DISTRICT OF THE CITY OF GILROY FOR THE FISCAL YEAR 1988-1989. PASSED AND ADOPTED this 15th day of August, 1988 by the following vote: AYES: COUNCILMEMBERS: HALE, KLOECKER, MUSSALLEM, VALDEZ and HUGHAN None GAGE PALMERLEE, NOES: ABSENT: COUNCILMEMBERS: COUNCILI1Et1BER: Adopted Ordinance No, 88-11 fixing Ad Valorem assessment for 1988-1989 fiscal year re: Parking District #1 - First Division. ORDINANCE NO. 88-11 ORDINANCE OF THE CITY OF GILROY FIXING THE AD VALOREM ASSESSMENT FOR THE CURRENT FISCAL YEAR 1988-1989 NECESSARY TO PAY BONDED INDEBTEDNESS OF THE CITY OF GILROY AND THE CITY OF GILROY PARKING DISTRICT NO.1 - FIRST DIVISION. PASSED AND ADOPTED this 15th day of August, 1988 by the following vote: AYES: COUNCILMEMBERS: HALE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN None GAGE NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: Adopted Resolution No. 88-50 commending services of Mr. Lou Scettrini, Groundskeeper I; RESOLUTION NO. 88-50 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY COMMENDING THE SERVICES OF MR. LOU SCETTRINI, GROUNDSKEEPER I. PASSED AND ADOPTED this 15th day of August, 1988 by the following vote: AYES: COUNCILMEMBERS: HALE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ HUGHAN None GAGE; NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: Denied a claim of James P. Daly, Jr., as recommended; Adopted Resolution No. 88-51 supporting the Gilroy Hispanic Cultural Festival. RESOLUTION NO 88-51 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY SUPPORTING THE GILROY HISPANIC CULTURAL FESTIVAL. PASSED AND ADOPTED this 15th day of August, 1988 by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEHBER: HALE, KLOECKER, MUSSALLEM, VALDEZ and HUGHAN None GAGE; PALMERLEE, 5658 Res. 88-52 Adopted Resolution No. 88-52 authorizing the California Highway Patrol to direct and control traffic and enforce traffic laws within the Gilroy city limits on September 2, 3 and 4, 1988. RESOLUTION NO. 88-52 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING THE CALIFORNIA HIGHWAY PATROL TO DIRECT AND CONTROL TRAFFIC AND ENFORCE TRAFFIC LAWS WITHIN THE GILROY CITY LIMITS ON SEPTEMBER 2, 3 AND 4, 1988. PASSED AND ADOPTED this 15th day of August, 1988 by the following vote: AYES: COUNCILMEHBERS: HALE, KLOECKER, MUSSALLEM, VALDEZ HUGHAN None GAGE; and ...... PALMERLEE, IIIIllt NOES; ABSENT: COUNCILMEMBERS: COUNCILMEMBER: Claim-Fall trick Denied claim of George and Beatrice Falltrick and Curtis & Fairman Fairman, as recommended. Cont'd Pub. Hear.-Ray Peterson Safe & Sane Fireworks The Mayor stated it was the time and place scheduled for the Continued Public Hearing to consider revocation of a City of Gilroy Business License issued to Ray Peterson at 8595 Murray Avenue. The Staff Report was noted and further explained by City Administrator Baksa noting that Mr. Peterson had complied with the City requests in removing his equipment, etc., from the premises and that removal of any other debris would be the property owner's responsibility. Council requested that the property be checked for any possible hazardous materials. City Administrator Baksa noted that Staff would check this and contact the property owner for any final abatement required. The Mayor asked if there was anyone in the audience wishing to speak on the matter. There was no comment from anyone in the audience. The Mayor closed the continued Public Hearing. The City Attorney noted that no Council action is needed. ~ .... Discussion was had on the Sale of Safe and Sane Fireworks in the City of Gilroy. City Administrator Baksa explained the report and recommendation of the Fire Department. The Mayor invited anyone in the audience to give their views of the sale of safe and sane fireworks. Mr. Glenn Suyeyasu, representing the Gilroy Jaycees, addressed the Council, explaining that the sale of safe and sane fireworks is a major fund raiser for their contributions to community projects and recommended that the City continue to allow the sale of same. The Mayor reported that discussion of this matter had been requested by Councilman Gage who is ill and unable to attend this meeting. Mr. Dave Hartwig, Past President of the Gilroy High Sch.ool Football Boosters Club, addressed the Council noting that their non-profit organization uses funds from the sale of safe and sane fireworks for all of their projects to substantiate the High School Football program. He stated that fireworks is an American tradition and urges Council to allow continuance of the sale of IIIIllt same. ...... Mr. Gene Della Maggiora, Freedom Fireworks, addressed the Council noting that sparkler fireworks can be purchased; how- ever, the non-profit organizations had agreed to not alow the sale of same within their sales packages this past July 4. He further noted and explained the educational progr~m in regard to use of safe and sane fireworks annually throughout the scho~ls. Mr. Keith Higgins, Gilroy Christian Schools; Ms. Judy Batrez, Gilroy Football PAL; and Mr. Marshal Evans, Gilroy High School Cheer Leaders, addressed the Council noting that the sale of safe and sane fireworks represents a majority of their fund- raising projects. Drug & Alcohol Abuse prog. ,..... I ..... Downtown Pkg. & Bus. Imp. Dist. Res. 88-53 ....'..... I - Deed Transfer re: Catholic Church Prop. ,..... , Intro. Ord. Penalties & Violations ~ Criminal History Info 5659 Motion was made by Councilman Valdez seconded by Councilman Hale and carried that the sale of safe and sane fireworks in the City of Gilroy be allowed to continue, recommending the educa- tional program be ongoing annually and amend the ordinance to prohibit sparkler sales and further discuss the method of rotation in selecting the vendor's booths prior to July 4, 1989. At 9:00 p.m., the Mayor declared a three minute recess and reconvened the meeting at 9:03 p.m. A request for endorsement of a Report on Drug Abuse Coordi- nating Council was noted and Public Safety Director Gillespie and Crime Prevention Officer Popovich addressed the Council further explaining the Community Based Drug and Alcohol Abuse Program. Motion was made by Councilman Valdez seconded by Council- man Kloecker and carried that the Community Based Drug and Alcohol Abuse Program be endorsed as presented and authorization be given for the Crime Prevention Officer to participate in the program as presented. City Administrator Baksa presented a recommendation to establish the "Downtown Parking and Business Improvement Area" in the City of Gilroy, further explaining same. Councilman Hale noted as an officer in the Gilroy Downtown Development Corporation, he had no financial interest in same and would take part in the discussion and actions regarding same. Hotion was made by Councilman Hale seconded by ,Councilman Valdez that the reading of Resolution No. 88-53 be waived and that it be adopted of Intention to Establish the "Downtown Parking and Business Improvement Area" in the City of Gilroy, setting September 19, 1988, as a Public Hearing date on same. RESOLUTION NO. 88-53 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY OF INTENTION TO ESTABLISH THE "DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA" IN THE CITY OF GILROY. PASSED AND ADOPTED this 15th day of August, 1988 by the following vote: AYES: COUNCIU1EHBERS: NOES: ABSENT: COUNCILMEHBERS: COUNCILMEHBER: HALE, KLOECKER, MUSSALLEM, VALDEZ and HUGHAN None GAGE PALMERLEE, City Administrator Baksa presented a request for authoriza- tion to execute a deed to the State of California for a small triangular parcel of property at First and Honterey Streets obtained from the Catholic Church, further explaining same. Motion was made by Councilman Mussallem seconded by Coun- cilman Palmerlee and carried that authorization be given to execute a deed to the State of California for a small triangular parcel of property at First and Monterey. Streets obtained from the Catholic Church as recommended. Council tabled action on a proposed ordinance enacting Section 16.31 of the City Code pertaining to loud nosies as recommended. re: The City Attorney presented and explained a proposed ordi- nance amending Section 1.7 of the City Code pertaining to penal- ties and continuing violations. A request for authorization to use criminal history infor- mation in relation to employment and licensing was noted and further explained by City Administrator Baksa. Motion was made by Councilman Hsle seconded by Councilman Kloecker that the reading of Resolution No. 88-54 be waived and that it be adopted authorizing use of criminal history informa- tion in relation to employment and licensing. 5660 Res. 88-55 re: Solid Waste Management League Conf. RESOLUTION NO. 88-54 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AUTHORIZING THE USE OF CRIMINAL HISTORY INFORMATION IN RELATION TO EMPLOYMENT AND LICENSING. PASSED AND ADOPTED this 15th day of August, 1988 by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCIU1EMBER: HALE, KLOECKER, MUSSALLEM, VALDEZ and HUGHAN None GAGE PALMERLEE, The Mayor asked if there wwas anyone in the audience wishing to speak on any item not on the agenda. There was no comment from anyone in the audience. ~ ',1 ~ A request of the Board of Supervisors for a fee increase for the County Solid Waste Management Program was noted. Motion was made by Councilman Kloecker seconded by Council- man Hale that the reading of Resolution No. 88-55 be waived and that it be adopted approving the fee increase for County Solid Waste Management Program. RESOLUTION NO. 88-55 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING AN INCREASE IN THE SOLID WASTE ~~NAGEMENT PROGRAM FEE. PASSED AND ADOPTED this 15th day of August, 1988 by the following vote: AYES: COUNCILMEMBERS: HALE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN NOES: ABSENT: COUNCILMEMBERS: None COUNCILMEMBER: GAGE Motion was made by Councilman Mussallem seconded by Coun- cilman Palmerlee and carried that Mayor Hughan be designated as the Voting Delegate to the Annual League Conference and Council- man Kloecker as Alternate. ~ .... The followintg information items were noted with no separate discussion on same: 1987 Annual Report on Solid Waste Planning in Santa Clara County (IGC); Gilroy Visitors Bureau Highlights of Activities 1987-88; April, May and June 1988, and Financial Statements April-June 1988; Adirondack Systems Associates re: Utility Billing System; and Gilroy Garlic Festival in appreciation of City Parks Staff. The Mayor requested that appreciation also be forwarded to the Parks Staff on behalf of the Council. Councilman Kloecker requested that copies of the revised EIR for the Martin General Plan Amendment at Masten Avenue be forwarded to Council as soon as possible prior to the September 8 South County Planning Advisory Board Meeting. City Administrator Baksa noted that Staff would prepare a draft recommendation for possible City position at the next regular Council Meeting of September 6, 1988. ~ I ,j Councilman Kloecker noted that the Cal Train of Gilroy Committee held their first meeting and that he would keep Council informed of future action. ...J Councilman Hale reported on Gilroy Day at the Santa Clara County Fair. City Administrator Baksa distributed copies of the City's landscaping policy, noting that same would be agendized on the September 6, 1988 Council Agenda for Council input. Historic Heritage Com. Hispanic Cult.Fest. ",... ..... Adjournment - ~ "... .... 5661 The Mayor noted theh following appointments to the Historic Heritage Committee: Dan Palmerlee, representing the Council; Sharon Albert, Maurice Reid, Darrell Kelly. Present member: Connie Rogers. The Mayor noted copies of the arguments for and against Measure Q on the November 8, 1988 ballot (Binding Arbitration). Councilman Valdez noted the Gilroy Hispanic Cultural Festi- val September 2, 3 and 4, 1988. Official opening ceremonies - Noon, September 3, 1988 noting that the Governor's Office may present a proclamation at that time. Councilman Palmerlee requested comments of the Shapell Industries EIR be forwarded to Council as early as possible. Planning Director Dorn noted that the Planning Commission would discuss same at their meeting on Thursday, September 1 and same would probably be received by Council in their September 6 Agenda packet. The Mayor noted the Joint Gilroy/Morgan Hill Closed Session and Special Meeting of August 16, 1988 at 5:00 p.m. in Morgan Hill Council Chambers. Discussion was had on same. Noted the City/School Liaison Committee Meeting, September 14, 1988 - 5:00 p.m. at the School Board Meeting Room. Noted the Joint Council/Planning Commission Study Session for presentation by the Redevelopment Consultnts re: procedures for formation of the Redevelopment Agency, September 19, 1988 - 7:00 p.m. to 8:00 p.m., Employees Lounge - City Hall. Noted the Inter-City Council Dinner Meeting, August 18, 1988 - 6:30 p.m., Embassy Suites Hotel, Milpitas. At 9:46 p.m., the Mayor adjourned to a Closed Session re: Exposure to Litigation in accordance with Section 54956.9(b)(I) of the Government Code. At 10:12 p.m., the Mayor reconvened the meeting and further adjourned to September 6, 1988 due to September 5 being a legal holiday. Respectfully submitted, ~--.;. Susanne Steinmetz, City