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Minutes 1986/12/01 ,5452 Posting Roll Call Cert.of Appreciation Consent Calendar Minutes Ord.1I86-23 PERS Ord.1186-24 Fireworks Ord.1186-25 Card Rooms December 1, 1986 Regular Meeting Gilroy, California Mayor Hughan led the Pledge of Allegiance to the Flag. The City Clerk reported that the Agenda had been posted on November 26, 1986 at 12:20 p.m. Present: Councilmembers: Sharon A. Albert, Donald F. Gage, Paul V. Kloecker, Larry Mussallem, Daniel D. Palmerlee, Pete Valdez, Jr. and Roberta H. Hughan. (8:04 p.m.) ..,~ The Mayor presented a Certificate of Appreciation to Mr. & Mrs. Glenn Goldsmith, owners of Goldsmith Seeds, Inc. - The Mayor presented a Certificate of Appreciation to representatives of the Seabee Reserve Naval Mobile Construction Battalion 112 - 0602. Motion was made by Councilman Gage seconded by Councilman Mussallem by the following Roll Call Vote to remove Item "c" Amending the City Code to Permit 24 Hour Card Room Operation and approve the following items under the Consent Calendar: Ayes: Councilmembers: Albert, Gage, Kloecker, Mussallem, Palmerlee, Valdez and Hughan: Approved the Minutes of the Regular Council Meeting of November 17,1986; Adopted Emergency Ordinance No. 86-23 amending the PERS Conract to add 2% @ 50 for Police Members; ORDINANCE NO. 86-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF GILROY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. PASSED AND ADOPTED this 1st day of December, 1986 by the following vote: AYES: COUNCILMEMBERS: r"'". - NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN. None None Adopted Ordinance No. 86-24 regulating the sale, use and storage of Safe & Sane Fireworks. ORDINANCE NO. 86-24 AN ORDINANCE OF THE CITY OF GILROY REGULATING THE SALE, USE AND STORAGE OF SAFE AND SANE FIREWORKS. PASSED AND ADOPTED this 1st day of December, 1986, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN. None None Discussed the proposed ordinance repealing Section 16.6-1(a) of the City Code to permit 24-hour card room operation. ""...,,'..... - Motion was made by Councilma Gage seconded by Councilman Valdez that the reading of Ordinance No. 86-25 be waived and that it be adopted by the following Roll Call Vote: Ayes: Council- members: Albert, Gage, Mussallem, Valdez and Hughan; Noes: Councilmembers: Kloecker and Palmerlee. ORDINANCE NO. 86-25 AN ORDINANCE OF THE CITY OF GILROY REPEALING SECTION 16.6-1(a) OF THE GILROY CITY CODE TO PERMIT 24 HOUR OPERATION OF CARD ROOMS. JIIl'*"lllil - Bids-Tree Planting Pub.Hear. Utility Dist. 113 Res.86-75 ",".y...", - Vending Vehicles .",..... ... Smoking Implemtation Plan rl,57 :J ,+ ,J PASSED AND ADOPTED this 1st day of December, 1986 by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: ALBERT, GAGE, MUSSALLEM, HUGHAN KLOECKER and PALMERLEE None VALDEZ and Mr. Ralph Zertuche, 7021 Eigleberry Street, addressed the Council requesting repeal of the ordinance permitting 24 hour card operation, noting that he was unable to present his objec- tions prior to Council adopting the ordinance. It was noted that there would be a Staff Report and recom- mendation from the Police Chief in one year on problems, if any, regarding 24 hour card room operations. City Administrator Baksa presented a report and recommenda- tion of bids received for City Tree Planting recommending the bid be awarded to Glass Landscaping. Motion was made by Councilman Gage seconded by Councilman Valdez and carried that the bid of Glass Landscaping for City Tree Planting be awarded as recommended. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider extending Underground Utility District No. 3 along that portion of Wren Avenue between the southern line of Carla Way to a point 210 feet north of the northerly line of Tract 3959. The Staff Report was noted. 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. Motion was made by Councilwoman Albert seconded by Coun- Councilman Gage that the reading of Resolution No. 86-75 extending Underground Utility District No. 3 be waived and that it be adopted. RESOLUTION NO. 86-75 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY EXTENDING UNDERGROUND UTILITY DISTRICT NO.3. PASSED AND ADOPTED this 1st day of December, 1986, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN. None None Noted a Staff Report for reintroduction of a request of vending vehicle owners to change the City Code prohibiting vendor's wagons from selling within five hundred feet of elementary and junior high school property and further explained by Chief of Police Cowart. Mr. Marc Tolin, owner of Sno Cone vending vehicle service, addressed the Council further explaining his request and referred to a petition of 150 signatures of parents that wanted their children to have access to vending vehicles. Mr. Kenneth Noonan, Superintendent of Schools, addressed the Council urging Council not consider amending the vending vehicle restrictions because of the safety factor of the children. The Mayor asked if there was anyone else in the audience wishing to speak on the matter. There was no comment from anyone in the audience. The Mayor asked Council if they wished to consider amending the ordinance. There was no comment from Council. Council took no action on the request. The City of Gilroy's revised Smoking Implementation Plan was noted. .5454 Council Salaries Measure A P.& R.Com. 11-18-86 WWTP Financing The Food Bank Motion was made by Councilman Gage seconded by Council- woman Albert and carried that the revised Smoking Implementation Plan as presented be approved. The Mayor recommended that Councilmember's salaries be set at $300.00 per month; the Mayor's salary at $600.00 per month. Motion was made by Councilman Gage seconded by Councilmgn Valdez and carried by the following Roll Call Vote that the mileage expense for Councilmembers be set for $.21 per mile and that an ordinance be introduced, reading waived, and publisned by title and summary setting Councilmember's salaries at $300~OO per month and Mayor's Salary at $600.00 per month effective Janu~ry 1, 1987: Ayes: Councilmembers: Albert, Gage, Kloecker,Mussallem, Palmerlee, Valdez and Hughan. .... - The Mayor tabled a presentation on Measure A Draft Strate- gic Plan to await the presence of Mr. Will Kempton, Executive Director of Santa Clara County Traffic Authority. The following informational items were noted with no separate discussion on same: Santa Clara Valley Water District Appointments for City's Representatives. Proclamation Issued by Mayor Hughan: Annual Christmas Sharing Program. Gilroy Police Department Employee of the Month Awards: September 1986 - Officer Mike Terasaki and October 1986 - Officer Kim Merrill. Karen Quint in Appreciation of Council's Action Regarding Various Issues. Peter W. Timewell, Attorney's Letter to Newspaper Editor re: 24 Hour Card Room Operation. .. Dr. Joe Caldwell, Pastor of the First Baptist Church in Opposition to 24 Hour Card Room Operation. - Fremont-South Bay Corridor Study Workshops December 3rd, 4th and 11, 1986. Santa Clara County Traffic Authority Public Information Meetings re: Strategic Plan for Measure "A". Nineteen Letters in Favor of 24 Hour Card Room Operation. Noted the Minutes of the Parks and Recreation Commission Meeting of November 18, 1986. Noted the Minutes of the Senior Advisory Board Meeting of October 20, 1986. Noted the Minutes of the Gilroy Golf Course Advisory Board Meeting of October 14, 1986 and November 18, 1986. Discussed options in relation to Management Underwriters for the Long-term Wastewater Treatment Plant. Director of Finance Reinsch explained previous services of Wulff, Hansen & Company. .... - Council requested Staff to obtain a background and proposal of services for the Long-term Wastewater Treatment Plant from Wulff, Hansen & Co. for Council consideration. The Mayor noted The Food Bank will be conducting a Canned Food Drive on December 13, 1986 at the Gilroy Public Library andr that same will be televised on KNTV, Channel 11. Councilmembers interested in participating should contact the Mayor. Elections Bicycle/ Pede Paths Measure A Adjmt. r ~ L~_ 5S Council requested the City Attorney investigate the issue of changing municipal elections to even numbered years to coincide with General Elections and ability to consolidate with School Elections. Councilman Gage noted a meeting at the Board of Super- Supervisors, 70 W. Hedding on December 8, 1986 at 7:00 p.m. re: Bicycle/Pedestrian Paths, noting that he would not be able to attend. Mr. Will Kempton, Executive Director of the Santa Clara County Traffic Authority addressed the Council and gave an enlightening presentation on Measure A - Draft Strategic Plan. Council requested the Mayor to notify the Authority that the City of Gilroy requests that six lanes be provided throughout U.S. Highway 101 to include between Bernal and Cochrane Roads; that it is not good planning and will create a serious problem to provide only two lanes from Bernal to Cochrane. At 9:25 p.m. the Mayor adjourned the meeting to a Closed Session re: Meet & Confer Matters and reconvened the meeting at 9:50 p.m. and further adjourned. Respectfully submitted, ~ Susanne E.