Minutes 1989/08/07
5774
Invocation
Posting
Agenda
Roll Call
New Emp.
Consent
Calendar
Minutes
Res.89-39
Ord.89-13
Regular Meeting
August 7, 1989
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
The Mayor called on Dr. Joe Caldwell, First Baptist Church,
to give the Invocation.
The Deputy City Clerk reported that the Agenda had been
posted on August 3, 1989 at 3:00 p.m.
Present: Councilmembers: Donald F. Gage, Leonard A. Hale,
Paul V. Kloecker, Larry Mussallem, Pete Valdez, Jr. and Roberta
H. Hughan; Absent: Councilmember: Daniel D. Palmerlee.
The Mayor introduced New Employee: Julie Spier, Recreation
Coordinator.
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: Ayes: Councilmembers:
Gage, Hale, Kloecker, Mussallem, Valdez and Hughan; Absent:
Councilmember: Palmerlee.
Approved the Minutes of the Regular Council Meeting of July
17, 1989;
Adopted Resolution No. 89-39 Supporting the Gilroy Hispanic
Cultural Festival;
RESOLUTION NO. 89-39
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY SUPPORTING THE
GILROY HISPANIC CULTURAL FESTIVAL.
PASSED AND ADOPTED this 7th day of August, 1989, by the following
vote:
AYES:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM,
VALDEZ and HUGHAN
COUNCILMEMBERS: None
COUNCILMEMBERS: PALMERLEE;
NOES:
ABSENT:
Adopted Ordinance No. 89-13 Amending Section 10.30 of the
Zoning Ordinance to Add Day Care Centers as a Conditional Use in
R1, R2 and RH Districts;
ORDINANCE NO. 89-13
AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 10.30 OF THE
ZONING ORDINANCE TO ADD DAY CARE CENTERS AS A CONDITIONAL USE IN
R1 (SINGLE FAMILY RESIDENTIAL), R2 (TWO FAMILY RESIDENTIAL), AND
RH (RESIDENTIAL HILLSIDE) DISTRICTS.
PASSED AND ADOPTED this 7th day of August, 1989, by the following
vote:
AYES:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM,
VALDEZ and HUGHAN
COUNCILMEMBERS: None
COUNCILMEMBERS: PALMERLEE;
NOES:
ABSENT:
Claim-Carl
A. Bozzo
Ord.89-14
Ord.89-15
Claim-Jeremy
Launier
Budget
Res.89-40
Res.89-41
" 5 7 75
Denied a Claim of Carl A. Bozzo as recommended,
Adopted Ordinance No. 89-14 Fixing Amount of Revenue from
Property Taxes Necessary to Pay Bonded or Other indebtedness of
the City for 1989-1990.
ORDINANCE NO. 89-14
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 1989-1990.
PASSED AND ADOPTED this 7th day of August, 1989, by the following
vote:
AYES:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM,
VALDEZ and HUGHAN
COUNCILMEMBERS: None
COUNCILMEMBERS: PALMERLEE;
NOES:
ABSENT:
Adopted Ordinance No. 89-15 Fixing Ad Valorem Assessment
for 1989-1990 to Pay Bonded Indebtedness of the City of Gilroy
Parking Dist. No.1 - First Division.
ORDINANCE NO. 89-15
ORDINANCE OF THE CITY OF GILROY FIXING THE AD VALOREM ASSESSMENT
FOR THE CURRENT FISCAL YEAR 1989-1990 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 7th day of August, 1989, by the following
vote:
AYES:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM,
VALDEZ and HUGHAN
COUNCILMEMBERS: None
COUNCILMEMBERS: PALMERLEE;
NOES:
ABSENT:
Denied a Claim of Jeremy Launier as recommended;
Approved Budget Amendments and Transfers as recommended;
Adopted Resolution No. 89-40 authorizing the CHP to direct
and control traffic and enforce traffic laws within the City on
August 26 and 27, 1989 during the Hispanic Cultural Festival.
RESOLUTION NO. 89-40
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 AUGUST 26TH
AND 27, 1989.
PASSED AND ADOPTED this 7th day of August, 1989, by the following
vote:
AYES:
COUNCILMEMBERS:
GAGE, HALE, KLOECKER,
VALDEZ and HUGHAN
None
PALMERLEE;
MUSSALLEM,
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
Adopted Resolution No. 89-41 Adopting the Appropriation
Limit for 1989-1990 Fiscal Year.
RESOLUTION NO. 89-41
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING THE
APPROPRIATION LIMIT FOR 1989-1990 FISCAL YEAR.
PASSED AND ADOPTED this 7th day of August, 1989, by the following
vote:
AYES:
COUNCILMEMBERS:
GAGE, HALE, KLOECKER, MUSSALLEM,
VALDEZ and HUGHAN
None
PALMERLEE;
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
5776
Impr.
Bids re:
Fertilizer
Littering
Res.89-42
Res.89-43
Res.89-44
Redevel.
Committees
Accepted Improvements for Filice, Gilroy Village, Tenth and
Chestnut Streets;
Councilman Gage questioned why EI Camino Crop Supply did
not submit a bid, and was told staff would check on the reason
and inform Council of the reason.
Motion was made by Councilman Gage, seconded by Councilman
Hale and carried to award the bid for the annual fertilizer order
to Sierra Pacific Turf Supply in the amount of $12,827.16.
Continued introduction of a proposed ordinance re:
littering to the meeting of August 21, 1989.
Acting City Administrator Dorn explained the request.
Motion was made by Councilman Kloecker, seconded by
Councilman Gage and carried adopting Resolution No. 89-42
certifying the Environmental Impact Report for the Santa Clara
County Hazardous Waste Management Plan and approving the Plan.
RESOLUTION NO. 89-42
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY, COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA, CERTIFYING THE ENVIRONMENTAL IMPACT
REPORT FOR THE SANTA CLARA COUNTY HAZARDOUS WASTE MANAGEMENT PLAN
AND APPROVING THE PLAN.
PASSED AND ADOPTED this 7th day of August, 1989, by the following
vote:
AYES:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM,
VALDEZ and HUGHAN
COUNCILMEMBERS: None
COUNCILMEMBERS: PALMERLEE;
NOES:
ABSENT:
Motion was made by Councilman Gage, seconded by Councilman
Valdez and carried adopting Resolution No. 89-43 approving
"Gilman Road Reorganization B7~3," containing 4.901 acres of
uninhabited territory, annexing to the City and detaching from
the South Santa Clara County Fire District.
RESOLUTION NO. 89-43
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILORY PURSUANT TO
DIRECTION BY SANTA CLARA COUNTY LOCAL AGENCY FORMATION COMMISSION
WITH REGARD TO A REORGANIZATION PURSUANT TO THE DISTRICT
REORGANIZATION ACT OF 1965 DESIGNATED AS GILMAN ROAD
REORGANIZATION 87-3.
PASSED AND ADOPTED this 7th day of August, 1989, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM,
VALDEZ and HUGHAN
COUNCILMEMBERS: None
COUNCILMEMBERS: PALMERLEE;
Motion was made by Councilman Kloecker, seconded by
Councilman Gage and carried adopting Resolution No. 89-44
approving "San Ysidro Reorganization 88-2", containing 4.901
acres of uninhabited territory, annexing to the City and
detaching from the South Santa Clara County Fire District.
RESOLUTION NO. 89-44
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY PURSUANT TO
DIRECTION BY SANTA CLARA COUNTY LOCAL AGENCY FORMATION COMMISSION
WITH REGARD TO A REORGANIZXATION PURSUANT TO THE DISTRICT
REORGANIZATION ACT OF 1965 DESIGNATED AS SAN YSIDRO REORGANIZA-
TION 88-2.
PASSED AND ADOPTED this 7th day of August, 1989, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM,
VALDEZ and HUGHAN
COUNCILMEMBERS: None
COUNCILMEMBERS: PALMERLEE;
Consensus was to Assemble two Committees for the Redevelop-
Redevelopment Agency Task Force to be called the Priority
Projects Committee and the Housing Assistance Programs Committee.
M.Hanna re:
Wheeler Hosp.
L.Smith re:
Cruise Nights
L.Franco re:
Citation
Hayes Valley
EIR
Sewer Extn.
HCD Program
RDA Petition
h77r-;
'~=,'; I J /'
(The Mayor deviated from the regular agenda in order to accommo-
date interested persons in the audience.)
The Mayor asked if there was anyone in the audience wishing
to speak on any matter not on the agenda.
Heard from Mildred Hanna suggesting that Wheeler Hospital
be used for senior housing/boarding, and requested the City's
assistance.
Heard from Loni Smith, 520 Broadway, requesting City
assistance re: noise during cruise nights, and also noted concern
regarding the amount of time it takes for an officer to arrive
after a watering complaint.
The Mayor requested the Police Department report back to
Council and notify Ms. Smith of the meeting.
Heard from Louie Franco, 8712 Lions Creek, questioning the
citation he received, noting he was not aware of a citation
process; he assumed that it was a voluntary action re: watering
times/days.
(The Mayor continued with the regular order of the agenda.)
Acting City Administrator Dorn requested Council input
regarding issues that should be addressed in the Hayes Valley
Sewer Plant Environmental Impact Report (EIR). The following
issues noted should be included in the EIR: infrastructure,
possible failure of dam or levee, and health concerns.
Motion was made by Councilman Mussallem, seconded by
Councilman Valdez and carried to extend the Sewer Allocation of
South Valley Community Church.
HCD Coordinator Rojas explained the request to expand the
program eligibility.
Motion was made by Councilman Gage, seconded by Councilman
Valdez and carried to expand the Housing Rehabilitation Program
eligibility effective December 1, 1989, with an interest rate
(median income) of 8-9% based on income, with a loan cap limit
per unit of $25,000.
The City Attorney explained that the petition had been
filed and it is being checked by the Registrar of Voters office.
He explained that if it qualifies, it is a mandate that the
Council reconsider the Ordinance. Council can either repeal
Ordinance No. 89-12, or submit it for the ballot in November. If
the Ordinance goes to the ballot, it is suspended until after
November 7. If it is approved in November, it is then effective
after 10 days.
Noted the following informational items with no separate
discussion on same:
Metropolitan Transportation Commission Activity Update;
Invitation to a Public Presentation by Morgan Hill's
Consultant on Hayes Valley Sewer Plant Proposal;
Planning Staff Approvals, Dated July 27, 1989;
City Facilities Water Consumption Update;
Proclamations Issued by Mayor Hughan: "Grandparents Day, a
Family Celebration" - September 10, 1989 and "Rideshare Week" -
October 2-6, 1989;
Assemblyman Areias re: AB 145 relating to Wildlife, Park,
Recreation, Coastal and Museum Bond Act of 1990;
5778
Plan.Com.
8-3 89
P & R Com.
6-20-89
Pers.Com.
7-10-89
Parkland
Funds
Update on Restroom Facility Project at Christmas Hill Park;
California Highway Patrol Complimenting City Parks &
Recreation Employees;
Gilroy Unified School District in Appreciation of Gilroy
Museum Services and Staff;
June 30, 1989 Cash and Investment Report.
Noted Report of the Planning Commission Meeting of August
3, 1989.
Directed Staff to write a letter re: ABAG Projections,
disagreeing with the Projections and explaining why the City is
disagreeing.
Noted the Minutes of the Parks and Recreation Commission
Meeting of June 20, 1989.
Noted the Minutes of the Senior Advisory Board Meeting of
May 15, 1989.
Noted the Minutes of the Library and Culture Commission
Meeting of May 9, 1989.
Noted the Minutes of the Gilroy Golf Course Advisory Board
Meeting of May 16, 1989.
Noted Report of the Personnel Commission Meeting of July
10,1989.
Motion was made by Councilman Valdez, seconded by
Councilman Hale and carried to approve Job Classifications and
Salaries as recommended.
Acting City Administrator Dorn distributed information on
the Hayes Valley Sewer Plan Proposal.
The Mayor explained the request to allocate funds to the
City to expand parkland on Uvas/Carnadero.
Motion was made by Councilman Valdez, seconded by
Councilman Hale and carried to approve sending a request for
allocation for County Park Funds to expand parkland on
Uvas/Carnadero.
Motion was made by Councilman Mussallem, seconded by
Councilman Valdez and carried to approve pursuing the $84,000, to
be allocated for Gilroy.
The Mayor noted the Annual City Barbecue, Saturday, August
19, 1989 - 4:30 p.m. to 11:00 p.m., Christmas Hill Park.
Councilmembers Valdez and Gage requested tickets be sent to them.
The Mayor noted the League of California Cities 91st Annual
Conference, October 22-25, 1989, San Francisco.
The Mayor noted the Invitation to a Public Presentation,
August 9, 1989 - 7:00 p.m., Morgan Hill City Council Chambers re:
Hayes Valley Sewer Plant Proposal.
At 9:26 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
;'
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Deputy City Clerk