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
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Ord. 88-10
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Ord. 88-11
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Res. 88-50,
Claim-Daly
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Res. 88-51
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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.
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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.
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I
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Downtown Pkg.
& Bus. Imp.
Dist.
Res. 88-53
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I
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Deed Transfer
re: Catholic
Church Prop.
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Intro. Ord.
Penalties &
Violations
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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.
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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.
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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.
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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.
",...
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Adjournment
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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