Minutes 1989/01/03
Invocation
Posting
Agenda
Ro 11 Call
Cert.Serv.
Res. J.
Wenneberg
5707
Regular Meeting
January 3, 1989
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
The Mayor called on Rev. Robert Hansen, St. Stephens Episcopal
Church to give the Invocation.
The Deputy City Clerk reported that the Agenda had been posted
on December 29, 1988 at 9:52 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.
The Mayor presented Certificates of Service to Anita Scuitto,
Parks & Recreation Commission and Jeanne Gage, Library and Culture
Commission who, in turn, thanked the Mayor for allowing them to
serve on these Commissions.
The Mayor noted that Mrs. Jeanne Wenneberg was not present to
receive her Resolution, that it will be presented at a future meeting.
5708
Consent
Calendar
Minutes
Ord.89-1
Claim-Linda
Sue Olson
Res.89-1
Pub. Hear.
Weed Abate.
Res. 89-2
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
December 19, 1988;
Adopted Ordinance No. 89-1 amending Section 4.27 and enacting
Chapter 4, Article IV of the Gilroy City Code pertaining to vicious
animals.
ORDINANCE NO. 89 - 1
TO ]
AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 4.27 AND
ENACTING CHAPTER 4, ARTICLE IV OF THE GILROY CITY CODE PERTAINING
VICIOUS ANIMALS.
PASSED AND ADOPTED this 3rd day of January, 1989 by the following
vote:
AYES:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ, and HUGHAN
COUNCILMEMBERS: None
COUNCILMEMBERS: None
NOES:
ABSENT:
Denied a Claim of Linda Sue Olson as recommended;
Councilmember Gage questioned why we are denying claims that
are not even in the City limits.
City Administrator Baksa explained that the City still needs
to go through the process and that anyone can sue the City for any
reason.
Adopted Resolution No. 89-1 adopting provlslons of Code of
Civil Procedure Section 1094.6 pertaining to Judicial Review.
RESOLUTION NO. 89 - 1
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING THE ]
PROVISOS OF CODE OF CIVIL PROCEDURE SECTION 1094.6 PERTAINING TO .
JUDICIAL REVIEW TO APPLY IN THE CITY OF GILROY.
PASSED AND ADOPTED this 3rd day of January, 1989 by the following
vote:
AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM,
P ALMERLEE, VALDEZ, and HUGHAN
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
The Mayor stated that it was the time and place scheduled for
the Public Hearing to consider annual destruction or removal of
weeds and/or refuse constituting a public nuisance in the City of
Gilroy.
The Mayor asked if there was anyone in the audience wishing to
speak on the matter. Hearing no comment from anyone in the
audience, the Mayor closed the Public Hearing.
Motion was made by Councilman Kloecker seconded by Councilman
Hale that the reading of Resolution No. 89-2 be waived and that it
be adopted authorizing annual destruction or removal of weeds and/or
refuse constituting a public nuisance in the City of Gilroy.
RESOLUTION NO. 89 - 2
]
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY INSTRUCTING THE
CHIEF OF THE FIRE DEPARTMENT TO ABATE NUISANCE ARISING OUT OF WEEDS
GROWING UPON LOTS OR IN FRONT OF PROPERTY IN THE CITY OF GILROY AS
REQUIRED BY SECTION 5 OF ORDINANCE NO. 754.
PASSED AND ADOPTED this 3rd day of January, 1989 by the following
vote:
Pub. Hear.
Porcella
---
....
,.....
Res. 89-3
.....
Cert.Serv.
,....
...
5709
AYES:
COUNCILMEMBERS
GAGE, HALE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN
None
None
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
The Mayor stated that it was the time and place scheduled for
the Public Hearing to consider an appeal of Alan F. Porcella,
applicant, on the decision of the Planning Commission to deny a
variance request to Section 31.63 of the Zoning Ordinance to allow a
vehicular access from a General Plan designated collector where
alley access is available on property located at 7400 Carmel Street
at the northeast corner of Sixth and Carmel Streets, on approxi-
mately 9,555 sq. ft.
Planning Director Dorn explained the request.
Councilmember Palmerlee stated that he will abstain from
discussion and vote on this item.
The Mayor asked if there was anyone in the audience wishing to
speak on the matter.
Alan F. Porcella reviewed his request and suggested another
way to look at the request, since they had begun their renovations
so long ago, perhaps the Council could "grandfather" it in.
Councilmember Kloecker asked about his conversation with City
Engineer Norman Allen, and whether Mr. Allen was aware that Mr.
Porcella was requesting a full driveway.
Planning Director Dorn stated that this was reviewed in the
Development Review Group and Mr. Allen knew exactly what was
requested.
The Mayor asked if there was anyone else in the audience
wishing to speak on the matter. Hearing no comment from anyone else
in the audience, the Mayor closed the Public Hearing.
Motion was made by Councilman Kloecker seconded by Councilman
Mussallem that the reading of Resolution No. 89-3 be waived and that
it be adopted granting on appeal an application for a variance from
Section 31.63 of the Zoning Ordinance at 7400 Carmel Street.
RESOLUTION NO. 89 - 3
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY GRANTING ON APPEAL
AN APPLICATION FOR A VARIANCE FROM SECTION 31.63 OF THE ZONING
ORDINANCE AT 7400 CARMEL STREET.
PASSED AND ADOPTED this 3rd day of January, 1989 by the following
vote:
AYES:
COUNCILMEMBERS:
KLOECKER, MUSSALLEM, VALDEZ,
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GAGE, HALE,
and HUGHAN.
None
PALMERLEE
The Mayor deviated from the regular order of business to
present a Certificate of Service to Mary B. Lee, Library and Culture
Commission, who in turn thanked the Mayor for allowing her to serve
on the Commission.
The Mayor returned to the regular order of the agenda.
The Mayor asked if there was anyone in the audience wishing to
speak on any item not on the agenda. There was no comment from
anyone in the audience.
The following informational items were noted with no separate
discussion on same:
Letter of Appreciation to Tree Haven for Donation of Trees;
57'10
Personnel
Com.
At-Risk
Council
Gilroy Unified School District re: Sewer Capacity Transfer;
Letter to Department of Transportation re: Route 152/101
Interchange;
Santa Clara Co. Police Chiefs' Assoc. re: Judicial System;
Procedure for Adoption of a Redevelopment Plan (1988-89);
Report on Investments Having a Maturity Date of More Than One
Year;
Planning Staff Approvals.
...
City Administrator Baksa noted Special Events Policy Scheduled
for January 17, 1989 meeting.
....
City Administrator Baksa noted Noise Ordinance Scheduled for
First Meeting in April, 1989.
City Administrator Baksa distributed a letter to ABAG re: ABAG
Projected Housing Need Figures.
City Administrator Baksa distributed newspaper articles re:
Shapell.
City Administrator Baksa requested Council adopt a Resolution
Honoring the Services of Cecil Reinsch, Director of Finance,
Retiring.
Motion was made by Councilman Kloecker seconded by Councilman
Palmerlee and carried that adoption of a Resolution honoring the
services of Cecil Reinsch, Director of Finance, retiring, be acted
upon at this meeting due to the urgent nature of the matter.
Motion was made by Councilman Kloecker seconded by Councilman
Gage that the reading of Resolution No. 89-4 be waived and that it
be adopted as recommended;
.....
RESOLUTION NO. 89 - 4
.....
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY COMMENDING
SERVICES OF MR. CECIL REINSCH.
PASSED AND ADOPTED this 3rd day of January, 1989 by the following
vote:
AYES:
COUNCILMEMBERS:
GAGE, HALE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN
None
None
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
City Administrator Baksa noted the Futures Meeting on January
17, 1989, topic to be determined.
City Administrator Baksa confirmed that staff-initiate
discussion of the 450 housing units or equivalent as part of the
General Plan process to begin in 1989.
City Administrator Baksa noted the School Liaison Meeting
requesting items for discussion to include 1) Safe Route to School;
2) Joint Bond Issue for New High School; 3) School Usage by City;
and 4) Closed Campus/Traffic.
The Mayor noted that Ralph Burge has resigned from the
Personnel Commission and opened the application period to end
January 31, 1989.
...,
j
.",.,..
The Mayor noted the need for a South County person on the At-
Risk Youth Council. Councilman Gage stated that he may volunteer, but
requested a meeting schedule.
The Mayor noted that the Mayor's Council has elected her
Chairman.
l
Delinq.Water
Bills
Retreat
City/School
Liaison
Meeting
Cecil
Reinsch
Employee's
Calendar
"
,5711
Councilmember Gage questioned the water bills and whether the
property owners can be notified when the water bills are delin-
que~t. City Admistrator Baksa noted Staff is looking at the
problem.
Councilmember Kloecker also questioned the delinquent bills
and whether it was for water and sewer and also questioned the
wording of "primarily" responsible.
Councilmember Palmerlee questioned the retreat timing.
The following meetings were noted:
City/School Liaison Committee meeting, January 11, 1989,
5:15 p.m., Employees' Lounge, City Hall;
Intercity Coordination Group meeting, January 12, 1989;
Intergovernmental Council Meeting, January 12, 1989;
Cecil Reinsch Retirement Party, January 14, 1989, 5:00 p.m.
to 10:00 p.m., Gilroy Senior Center.
City Administrator Baksa noted the City of Gilroy Employees'
Calendar available for purchase.
At 8:49 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
Rh~~ ~~Uy Clerk