Minutes 1991/06/17
Invocation
posting
Agenda
Roll Call
Cert.Serv.
Emp.Award
Consent
Calendar
Minutes
Budget
Res.91-32
Claims
RE~S. 91-33
en"?;)
Regular Meeting
June 17, 1991
Gilroy, California
The Mayor Protempore led the Pledge of Allegiance to the
Flag at 7:03 p.m.
Pastor Robert Achilles, Trinity Bible Church gave the
Invocation.
The City Clerk reported that the Agenda had been posted on
June 13, 1991 at 3:00 p.m.
Present: Councilmembers: Donald F. Gage, Leonard A. Hale,
Paul V. Kloecker, Larry Mussallem, and Pete Valdez, Jr.; Absent:
Councilmembers: Sara C. Nelson and Roberta H. Hughan.
Councilman Hale presented a Certificate to Patti Hale for
continuing dedication and perseverance in assuming a high quality
successful Summer Concert Series for the City of Gilroy.
The Mayor Protempore noted Chuck Ellevan, Corporal, not
present to receive the Employee of the Month of May, 1991 Award.
Motion was made by Councilman Hale seconded by Councilman
Kloecker that the following items under the Consent Calendar be
approved by the following Roll Call Vote: Ayes: Councilmembers:
Hale, Kloecker, Mussallem, Valdez and Gage; Absent:
Councilmembers: Nelson and Hughan:
Minutes of the Regular Council Meeting of June 3, 1991;
Approved Budget Amendments/Transfers as recommended;
Adopted Resolution No. 91-32 Approving and Authorizing
Execution of an Amendment to the 1986 Cost Sharing Agreement and
Addendum to the Sewer Revenue Agreement of 1980 with Gilroy
Foods, Inc., Gilroy Canning Company and Garden Valley Foods as
recommended;
RESOLUTION NO. 91 - 32
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING AND
AUTHORIZING EXECUTION OF AN AMENDMENT TO THE 1986 COST SHARING
AGREEMENT AND ADDENDUM TO THE SEWER REVENUE AGREEMENT OF 1980
WITH GILROY FOODS, INC., GILROY CANNING COMPANY AND GARDEN VALLEY
FOODS.
PASSED AND ADOPTED this 17th day of June, 1991, by the following
vote:
AYES:
COUNCILMEMBERS:
HALE,
GAGE.
None
NELSON
KLOECKER, MUSSALLEM, VALDEZ and
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
and HUGHAN;
Denied Claims of Alex Larson as recommended;
Adopted Resolution No. 91-33 Approving an Amendment to
Traffic Signal Maintenance Agreement;
RESOLUTION NO. 91 - 33
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING AND
AUTHORIZING EXECUTION OF AN AMENDMENT TO THE TRAFFIC SIGNAL
MAINTENANCE AGREEMENT NO. 04-5034-C WITH THE STATE DEPARTMENT OF
TRANSPORTATION.
PASSED AND ADOPTED this 17th day of June, 1991, by the following
vote:
AYES:
COUNCILMEMBERS:
HALE,
GAGE.
None
NELSON
KLOECKER, MUSSALLEM, VALDEZ and
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
and HUGHAN;
(; f V~ n
" . "-,,'
Imprvrnts.
Dev.Agree.
Res.91-34
Res.91-35
WWTP Pro-
posals
Budget
Accepted Improvements for Omar Hindiyeh, Swanston Lane,
#89-37A;
Approved Development Agreement #90-61, Leavesley Investors,
(Chevy's Restaurant) as recommended;
Adopted Resolution No. 91-34 approving disability
retirement for Thomas M. Vasquez, as recommended;
RESOLUTION NO. 91 - 34
RESOLUTION
DISABILITY
GOVERNMENT
PASSED AND
vote:
AYES:
OF THE COUNCIL OF THE CITY OF GILROY CONCERNING
RETIREMENT OF THOMAS M. VASQUEZ (SECTION 21025,
CODE) .
ADOPTED this 17th day of June, 1991, by the following
NOES:
ABSENT:
COUNCILMEMBERS: HALE, KLOECKER, MUSSALLEM, VALDEZ and
GAGE.
COUNCILMEMBERS: None
COUNCILMEMBERS: NELSON and HUGHAN; and
Adopted Resolution No. 91-35 showing intent to provide an
eligible retirement system for City'S part-time, seasonal and
temporary (PST) employees in order to meet the requirements of
the Omnibus Budget Reconciliation Act (OBRA) of 1990;
RESOLUTION NO. 91 - 35
A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY, CALIFORNIA TO
SHOW INTENT TO PROVIDE AN ELIGIBLE RETIREMENT SYSTEM FOR ITS
PART-TIME, SEASONAL, AND TEMPORARY (PST) EMPLOYEES IN OROER TO
MEET THE REQUIREMENTS OF THE OMNIBUS BUDGET RECONCILIATION ACT
(OBRA) OF 1990.
PASSED AND ADOPTED this 17th day of June, 1991, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: HALE, KLOECKER, MUSSALLEM, VALDEZ and
GAGE.
COUNCILMEMBERS: None
COUNCILMEMBERS: NELSON and HUGHAN.
City Administrator Baksa presented proposals of James M.
Montgomery Consulting Engineers, Inc. for Gilroy/Morgan Hill WWTP
for Site Earthwork Design and Construction Services Agreement and
for 7.5 MGD Secondary Facilities Design and Bidding Services
Agreement recommending approval of both proposal.
Motion was made by Councilman Hale seconded by Councilman
Mussallem and carried that the proposal of James M. Montgomery
Consulting Engineers, Inc. for Gilroy/Morgan Hill WWTP - Site
Earthwork Design and Construction Services Agreement be approved
as recommended.
Motion was made by Councilman Hale seconded by Councilman
Mussallem and carried that the proposal of James M. Montgomery
Consulting Engineers, Inc. for Gilroy/Morgan Hill WWTP 7.5 MGD
Secondary Facilities Design and Bidding Services Agreement be
approved as recommended.
The Mayor Protempore stated that it was the time and place
scheduled for the Public Hearing on the 1991-1996 Financial Plan
of the City.
City Administrator Baksa noted the Gilroy Visitors' Bureau
Budget. He noted the Staff Report and JPA Industrial Monitoring
Program and 100% cost recovery program by Industrial/Commercial
Users to pay for the Chemical Control Program.
The Mayor Protempore asked if there was anyone in the
audience wishing to speak on the matter. There was no comment
from anyone in the audience. Mayor Protempore Gage closed the
Public Hearing.
Res.91-36
Res.91-37
Pub. Hear.
Z-91-04
Res.91-38
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Motion was made by Councilman Kloecker seconded by
Councilman Mussallem that the reading of Resolution No. 91-36 be
waived and that it be adopted, adopting the 1991-1992 Budget.
RESOLUTION NO. 91 - 36
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING THE
BUDGET FOR SAID CITY FOR FISCAL YEAR 1991-1992 AND APPROPRIATING
PROPOSED EXPENDITURES FOR PURPOSES SET FORTH IN BUDGET.
PASSED AND ADOPTED this 17th day of June, 1991, by the following
vote:
AYES:
COUNCILMEMBERS:
KLOECKER, MUSSALLEM, VALDEZ and
HALE,
GAGE.
None
NELSON
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
and HUGHAN.
Motion was made by Councilman Valdez seconded by Councilman
Kloecker that the reading of Resolution No. 91-37 be waived and
that it be adopted.
RESOLUTION NO. 91 - 37
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING THE
APPROPRIATION LIMIT FOR 1990-1991 AND 1991-1992 FISCAL YEARS.
PASSED AND ADOPTED this 17th day of June, 1991 by the following
vote:
AYES:
COUNCILMEMBERS: HALE, KLOECKER, MUSSALLEM, VALDEZ and
GAGE.
COUNCILMEMBERS: None
COUNCILMEMBERS: NELSON and HUGHAN.
NOES:
ABSENT:
The Mayor Protempore stated that it was the time and place
scheduled for the Public Hearing to Consider a Rezoning and
Pre zoning initiated by the City of Gilroy to Gilroy's Zoning Map
from OS (Open Space) to PF (Park/Public Facility), and a
Pre zoning from County Ag to PF (Park/Public Facility) District on
recently purchased Ranch Site and Hill Site to be used for
expansion of Christmas Hill Park, located west of Miller Avenue
and south of Uvas Creek on approximately 61.469 acres, City of
Gilroy, applicant, Z 91-04.
The Staff Report was noted.
Mayor Protempore Gage asked if there was anyone in the
audience wishing to speak on the proposal. There was no comment
from anyone in the audience. The Mayor Protempore closed the
Public Hearing.
Motion was made by Councilman Hale seconded by Councilman
Kloecker and carried that the reading be waived and the proposed
ordinance be introduced and published by title and summary
approving the pre zoning and rezoning as recommended.
Motion was made by Councilman Kloecker seconded by
Councilman Valdez that the reading of Resolution No. 91-38 be
waived and that it be adopted requesting the Board of Supervisors
to authorize the Registrar of Voters to provide election services
for the November 5, 1991 General Municipal Election.
RESOLUTION NO. 91 - 38
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY OROERING THE
CITY CLERK TO PUBLISH NOTICE OF GENERAL ELECTION FOR MUNICIPAL
OFFICERS TO BE HELD IN THE CITY OF GILROY ON NOVEMBER 5, 1991,
AND REQUESTING SERVICES OF THE REGISTRAR OF VOTERS.
PASSED AND ADOPTED this 17th day of June, 1991, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: HALE, KLOECKER, MUSSALLEM, VALDEZ and
GAGE.
COUNCILMEMBERS: None
COUNCILMEMBERS: NELSON and HUGHAN.
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. )t, 1'..', ,""
Intro.Ord.
FEMA Flood
Map
Plan. Com.
6-6-91
JPA
City Administrator Baksa presented a recommendation to
amend the City Code to provide penalties for utility delinquency
charges.
Councilman Hale requested that proposed ordinances amending
the City Code indicate the present language as well as the new
language proposed to be adopted.
Motion was made by Councilman Kloecker seconded by
Councilman Mussallem and carried that the reading be waived and
the proposed ordinance be introduced and published by title and
summary amending the City Code to provide penalties for utility
delinquency charges as presented.
The Mayor Protempore asked if there was anyone in the
audience wishing to speak on any matter not on the agenda.
Mr. Tony Gonzales, 756 Welburn Avenue, Gilroy, addressed
the Council and presented a Notice of Small Claims case of Alex
Larson v City of Gilroy, et al to the City Administrator and City
Clerk.
A letter from Mr. J. Charnley, was noted requesting the
City to appeal FEMA Flood Map Determinations further explained by
Planning Director Dorn.
Mr. Jim Charnley, 6360 Hyde Park Drive, addressed the
Council requesting that the City appeal the FEMA Flood Map to
obtain elevations and new lines for Flood Zone A and B.
Mr. Wai Wong, 6367 Hyde Park Drive, addressed the Council
concerned about the map being prepared prior to the area being
developed and the insurance rates for the area.
Ms. Barbara Hite, 6357 Hyde Park Drive, addressed the
Council requesting the City to obtain the elevation of the Flood
Map from FEMA.
The City Attorney advised the Council to appeal the flood
map prior to the 90 day period if in fact there is a problem with
the map.
Motion was made by Councilman Hale seconded by Councilman
Mussallem and carried that the City appeal the FEMA Flood Map
requesting flood elevations be noted on the map. It was also
requested by Council that a copy of the appeal be forwarded to
the Santa Clara Valley Water District.
The following informational items were noted with no
separate discussion on same, except as noted:
Santa Clara County Traffic Authority 1990 Annual Report;
Monthly Cash and Investment Report, April 30, 1991;
Santa Clara County Cities Association General Membership
Meeting, June 13, 1991, noting that no one from the City was able
to attend;
Minutes of the Visitors' Bureau Advisory Committee Meetings
of April 4th and 12, 1991 and Financial Statements for April and
May 1991;
Certificate of Service to Barbara C. Khan, Handicapped
Appeals Board, January 1, 1991 to June 3, 1991; and
City of Palo Alto re: Bay Vision 2020.
The Report of the Planning Commission Meeting of June 6,
1991 was noted.
The Minutes of the Joint Powers Sewer Advisory Committee
Meetings of May 14th, 28th and June 4, 1991 were noted.
Sewer
Allocation
Adjrnmt.
I !f~r~).3
I ~. ,. "':
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Update on the Water Conservation Program was noted.
City Administrator Baksa presented a recommendation to move
Industrial Sewer Allocation of 5,000 gallons to the
Industrial/Commercial Allocation.
Motion was made by Councilman Hale seconded by Councilman
Kloecker and carried that the 5,000 gallons of Industrial Sewer
Allocation be moved to Industrial/Commercial Allocation as
recommended.
City Administrator Baksa distributed a Pocket Guide for
Planners (League of California Cities) to Council.
City Administrator Baksa presented the City's response to
Proposition 111, 2105 Gas Tax Funds - Maintenance of Effort Audit
to Supervisor McKenna and local legislators.
Councilman Kloecker had no update on the Recycling Program.
Councilman Kloecker noted the June 20, 1991 Meeting of the
California Transportation Commission in Fresno regarding the Cal-
Train Issue and further noted that he would not be attending but
Supervisors McKenna, Diridon and Honda would be in attendance.
Councilman Valdez noted that a Petition containing 1,500
signatures would be presented at that meeting in attempt to
receive funding for the Cal Train Project. He further noted that
the petition is presently being circulated and additional signers
can do so at Garcia's Card Room.
No update on Operation Budget Freedom.
Councilman Valdez noted display of the Vietnam Veteran's
Memorial Wall at Las Animas Park on June 21st through 23, 1991
and Ceremony at 12:00 noon encouraging all to attend. He further
noted that the VFW Post 6309 is accepting contributions to defray
the cost of the wall, further noting that a Film will be
televised on Channel 34 at 6:00 p.m. on June 24, 1991.
The following meetings were noted:
Gilroy City Council Special Meeting, June 24, 1991 - 6:00
p.m. to 7:00 p.m., Council Chambers, re: Decision on Gilroy 2000
Committee.
Joint Gilroy City Council/Planning Commission Study
Session, June 24, 1991 - 7:00 p.m., Council Chambers, re:
Residential Development Ordinance.
Annual City Council/Commission/Employee Barbecue, August
27, 1991 - 4:30 p.m. to 11:00 p.m., Christmas Hill Park.
Gilroy City Council Study Session, August 26, 1991 - 7:00
p.m., Employees' Lounge, City Hall, re: Review Proposal Options
on State Mandated and Waste Reduction Goals (AB 939).
92nd League of California Cities Annual Conference, October
13-16, 1991, San Francisco Hilton.
At 8:28 p.m. the Mayor Protempore adjourned the meeting.
4~SJitted'. _
City Clerk ~