Minutes 1991/08/05
Invocation
Posting
Agenda
Roll
Call
Intro.New
Emp.
Regular Meeting
August 5, 1991
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag at 7:02
p.m.
Bishop Argyle, Church of Jesus Christ of Latter Day Saints
gave the Invocation.
The City Clerk noted that the Agenda had been posted on
August 1, 1991 at 9:21 a.m.
Present: Councilmembers: Donald F. Gage, Leonard A. Hale,
Paul V. Kloecker, Larry Mussallem, Sara C. Nelson, Pete Valdez,
Jr. and Roberta H. Hughan;
The Mayor introduced the following new employees: Theresa
Bell, Multi-Service Officer - Police Department; Darren Markus,
Golf Course Superintendent; Steven Ynzunza, Public Safety
Communicator I; and Charles Rodgers, Assistant Mechanic.
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Res.#91-48
Consent
Calendar
Minutes
Budget
Accounts
Res.91-49
Dev.Agree
Imprvrnts.
Ord.#91-18
& 91-19
The Mayor deviated from the regular order of business.
Motion was made by Councilman Kloecker seconded by
Councilman Valdez that the reading of Resolution No. 91-48 be
waived and that it be adopted appointing Linda A. Callon as City
Attorney and approving the ontract with Berliner, Cohen &
Biagini with one exception to be negotiated.
RESOLUTION NO. 91 - 48
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPOINTING
THE CITY ATTORNEY AND APPROVING THE CONTRACT FOR LEGAL SERVICES.
PASSED AND ADOPTED this 5th day of August, 1991 by the following
vote:
AYES:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ and HUGHAN.
COUNCILMEMBERS: None
COUNCILMEMBERS: None
NOES:
ABSENT:
The City Clerk swore in Linda Callon.
Motion was made by Councilman Kloecker seconded by
Councilman Gage that the following items under the Consent
Calendar be approved as recommended excluding Item "E" (Ordinance
Fixing Amount of Revenue from Property Taxes necessary to Pay
Bonded Indebtedness of the City for 1991-92 and Fixing Ad Valorem
Assessment - Parking District No.1) by the following Roll Call
Vote: Ayes: Councilmembers: Gage, Hale, Kloecker, Mussallem,
Nelson, Valdez and Hughan:
Minutes of the Regular Council Meeting of July 15, 1991;
Approved Budget Transfers/Amendments as recommended;
Authorized Write-Off of Uncollectible Accounts as
recommended;
Adopted Resolution No. 91-49 approving revised County
Hazardous Waste Management Plan (CHWMP);
RESOLUTION NO. 91-49
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY, STATE OF
CALIFORNIA, APPROVING CHANGES TO THE SANTA CLARA COUNTY HAZARDOUS
WASTE MANAGEMENT PLAN (CHWMP).
PASSED AND ADOPTED this 5th day of August, 1991, by the following
vote:
AYES:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ and HUGHAN.
COUNCILMEMBERS: None
COUNCILMEMBERS: None;
NOES:
ABSENT:
Approved Development Agreements with Mike Mondelli - #91-31
and Goldsmith Seeds - #91-33;
Approved a Deferred Development Agreement with Goldsmith
Seeds - #91-33; and
Accepted Improvements - Gilroy/Morgan Hill Wastewater
Treatment Plant Fuel storage Tank, Project 1990-5.
Discussed Ordinance No. 91-19 regarding the period of
redemption of one year.
Motion was made by Councilman Gage seconded by Councilman
Kloecker that the reading of Ordinance No. 91-18 be waived and
that it be adopted Fixing Amount of Revenue from Property Taxes
necessary to Pay Bonded or other Indebtedness of the City for
1991-1992.
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OROINANCE NO. 91 - 18
OROINANCE 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 1991-1992.
PASSED AND ADOPTED this 5th day of August, 1991, by the following
vote:
AYES:
COUNCILMEMBERS:
GAGE, HALE, KLOECKER, MUSSALLEM"
NELSON, VALDEZ and HUGHAN.
None
None;
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
Motion was made by Councilman Gage seconded by Councilman
Kloecker that the reading of Ordinance No. 91-19 be waived and
that it be adopted fixing Ad Valorem Assessment for 1991-1992 -
Parking District No. 1 - First Division.
OROINANCE NO. 91 - 19
OROINANCE OF THE CITY OF GILROY FIXING THE AD VALOREM ASSESSMENT
FOR THE CURRENT FISCAL YEAR 1991-1992 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 5th day of August, 1991, by the following
vote:
NOES:
ABSENT:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ and HUGHAN.
COUNCILMEMBERS: None
COUNCILMEMBERS: None
AYES:
Bids re:
WWTP
City Administrator Baksa presented a recommendation to
accept the Bid of Trinchero Construction, Inc., San Martin for
Earthwork, Project 1991-05 for the cities of Gilroy/Morgan Hill
Wastewater Treatment Plant Site.
Motion was made by Councilman Kloecker seconded by
Councilman Gage and carried that the bid of Trinchero
Construction, Inc., San Martin, in the amount of $603,270.00 for
Earthwork, Project 1991-05 for the Cities of Gilroy/Morgan Hill
Wastewater Treatment Plant Site as recommended.
Bids re:
SRRE& HHWE
city Administrator Baksa presented a recommendation on the
proposal of Coats Consulting in the amount of $7,200.00 for the
preparation of an Expanded Initial Study for the City'S Source
Reduction & Recycling Element (SRRE) and Household Hazardous
Waste Element (HHWE).
Motion was made by Councilman Kloecker seconded by
Councilman Gage and carried that the proposal of Coats Consulting
in the amount of $7,200.00 be approved for the preparation of an
Expanded Initial Study for the City'S Source Reduction &
Recycling Element (SRRE) and Household Hazardous Waste Element
(HHWE) as recommended.
Bids re: City Administrator Baksa presented a recommendation to
Handicap accept the bid of Piazza and Paredes Construction, Morgan Hill in
,Ramps the amount of $48,739.00 for the Handicap Ramps and Asphalt
Improvements, Project 1991-04.
Motion was made by Councilman Kloecker seconded by
Councilman Valdez and carried that the bid of Piazza and Paredes
Construction, Morgan Hill, in the amount of $48,739.00 be
accepted for the Handicap Ramps and Asphalt Improvements, Project
1991-04 as recommended.
The Mayor noted that South County Alternatives request to
change use of funds had been withdrawn.
CMP
Councilman Kloecker explained the Draft 1991 Congestion
Management Program and noted recommendations of the
Transportation Commission.
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Motion was made by Councilman Kloecker seconded by
Councilman Valdez and carried that the document be accepted as
presented and authorized a letter to be forwarded based upon
Councilman Kloecker's comments. Councilman Kloecker also
recommended that a Special Council Meeting be held on August 12,
1991 prior to a previously scheduled Joint Council/Planning
Commission Study Session, noting that he would have additional
information for Council regarding the Congestion Management
Agency Bylaws for discussion and/or action at the Special Council
Meeting. Council agreed to conduct a Special Meeting at 6:30
p.m. on August 12, 1991.
The Mayor asked if there was anyone in the audience wishing
to speak on any matter not on the agenda. There was no comment
from anyone in the audience.
Motion was made by Councilman Gage seconded by Councilman
Mussallem that Councilman Hale be designated as the voting
delegate for the League of California Cities Annual Conference in
October and that Councilman Kloecker be the Alternate voting
delegate for same.
City Administrator Baksa presented the County of Santa
Clara Redistricting Plan. Council had no objection nor comment
on same.
Council noted and discussed Gilroy Downtown Development
Corporation's request for funding for a Demonstration City
Project in the California Main Street Program further explained
by David Peoples.
The Mayor asked if there was anyone in the audience wishing
to speak on the matter.
Mr. Miguel Paredes, addressed the Council inquiring of the
accomplishments of the Gilroy Downtown Development Corporation.
Councilman Hale, Board of Director for the Gilroy Downtown
Development corporation representing the City, further explained
the project.
The Mayor noted that she would not take part in any action
regarding the proposed plan due to a conflict of interest.
Motion was made by Councilman Mussallem seconded by
Councilman Valdez and carried that a Committee be appointed,
Councilmembers: Mussallem, Valdez and Gage; Planning Commissioner
Huerta and one additional Planning Commissioner to be selected,
to recommend to Council on whether the City should participate in
the program or not. Councilwoman Nelson requested that the
Committee investigate what prohibitions or restrictions the City
has imposed prohibiting businesses to operate in the downtown
area.
The following informational items were noted with no
separate discussion on same unless noted:
Proclamation Issued by Mayor Hughan: Tribute to Asian
Americans for Community Involvement on their Eighteenth
Anniversary;
FEMA response to Gilroy'S appeal of April 18, 1991 LOMR;
South Valley Hospital re: Additional Highway Signage;
Letter to State Department of Housing & Community
Development from residents objecting to proposal of a facility to
house homeless, handicap, and mentally ill people on Glenview
Drive.
The Staff Report was noted.
Adjrnmt.
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Council heard from the following residents requesting
support from the City in attempting to determine more details in
regard to the proposed facility:
Susan Baker, 7955 Glenview Drive. Planning Director Dorn
further explained the Staff Report noting that State Law preempts
State Department of Social Services from notifying local
residents and City regulations; that the City could contact the
state for more information if they so desired.
Debbie Smith, Maria Way; and Judy Cox, 759 Maria Way.
The Mayor stated that the City would attempt to arrange a
meeting with The Bridge Counseling and residents for answers to
their questions and would write a letter to the State requesting
supervision at the facility.
Joe Balensi, Maria Way;
City Administrator Baksa noted an update on the Water
Conservation Program.
City Administrator Baksa noted hiring of a Resource
Coordinator.
City Administrator Baksa noted the IRS requirement
regarding mileage for City Councilmembers and that a proposed
document would be presented to Council for approval at the next
regular meeting. Council concurred with approving mileage for
Councilmembers at the rate approved by IRS from time-to-time to
avoid Council approval for each change.
The City Attorney introduced her associate, Mr. Torn
Cumpston and thanked the Council for her appointment.
Councilman Kloecker gave an update on the Cal-Train Project
noting that the Board of Supervisors has been applied to for
funding of the Cal-Train Project and that the on-line time is
proposed for March 1992.
Councilwoman Nelson referred to the Yountville letter
regarding Regional Government and that she has received response
from others regarding her and Councilman Mussallem's report on
same.
Councilman Kloecker inquired of the Governor's Interagency
Public Hearing scheduled for July 30th.
At 9:27 p.m. the Mayor adjourned the meeting to the Special
Council Meeting of August 12, 1991 at 6:30 p.m.
Respectfully submitted,
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