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Minutes 1990/04/02 Invocation Posting Agenda Roll Call Intro.New Employee Consent Calendar Minutes Budget Imprvmts. Regular Meeting April 2, 1990 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. The Reverend Pike Robinson, First Assembly of God Church gave the invocation. The City Clerk reported that the Agenda had been posted on March 29, 1990 at 8:47 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 New Employee, W. Joe Hall, Payroll Support Specialist/Control. Motion was made by Councilman Gage, seconded by Councilman Valdez that the following items under the Consent Calendar be approved removing Items Band D by the following Roll Call Vote: Ayes: Councilmembers: Gage, Hale, Kloecker, Mussallem, Nelson, Valdez and Hughan: Approved the Minutes of the Regular Council Meeting of March 19, 1990; Approved Budget Amendments and/or Transfers as recommended; and Accepted Improvement: Plaza Del Sol, 8401 Welburn Avenue as recommended. Discussed City's requirements for painting duplexes and irrigation systems for same further explained by Planning Director Dorn. Motion was made by Councilman Kloecker seconded by Council- man Gage that the reading of Ordinance No. 90-6 be waived and that it be adopted. Ord.90-6 utility Undrgrd. Bids re: Golf Course Pub. Hear. Water Rates L::85'7 ,-,I J Adopted Ordinance No. 90-6 Amending the Zoning Ordinance by Rezoning a 2.3 Acre Parcel from R2 (Two Family Residential) Dist- rict to R2 PUD (Two Family Residential) Planned unit Development District, Z 89-7, Gilroy/Del Monte Properties, Applicant, Located on the South side of Third Street, between Church and Ro~nna streets. ORDINANCE NO. 90 - 6 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING A 2.3 ACRE PARCEL, MORE OR LESS, ON THE SOUTH SIDE OF THIRD STREET, BETWEEN CHURCH AND ROSANNA STREETS FROM R2 (TWO FAMILY RESIDENTIAL) DISTRICT TO R2 PUD (TWO FAMILY RESIDENTIAL PLANNED UNIT DEVELOPMENT) DISTRICT. PASSED AND ADOPTED this 2nd day of April, 1990 by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON, VALDEZ and HUGHAN COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: Qualified establishment of "Utility Undergrounding" Fund, erroneously listed on the Agenda. Motion was made by Councilman Kloecker seconded by Councilman Gage and carried that a "Utility Undergrounding" Fund be established as recommended. City Administrator Baksa presented a recommendation to award the bid of Hewell & Sheedy Construction in the amount of $75,292.00 for carpentry work at the Golf Course. City Administrator Baksa presented a recommendation to award the bid of R. J. Paredes Construction in the amount of $28,230.00 for paving at the Golf Course. Motion was made by Councilman Gage seconded by Councilman Hale and carried that the bids of Hewell & Sheedy Construction in the amount of $75,292.00 for carpentry work and R. J. Paredes Construction in the amount of $28,230.00 for paving at the Gilroy Golf Course be awarded as recommended. Council requested that a Bidders List be included in future recommendations on bids. City Administrator Baksa noted that the omission of said list was an oversight. The Mayor stated that it was the time and place scheduled for a Public Hearing to Consider Revisions and Adjustments of Rates and Charges for Municipal Water Service. The Staff Report for tiered rates was noted and further explained by City Administrator Baksa. The Mayor asked if there was anyone in the audience wishing to speak on the proposed rates. Mr. Matthew Drummond, 2500 Chestnut Street, addressed the Council suggesting different minimum gallons allowed before the customer is penalized. He noted that even though he has tried to conserve water through minimum landscaping he has a family of five and their usage is approximately 6000 gallons per month. He suggested that the rates be doubled at 8,000 gallons. Mrs. Cathy Lujan, addressed the Council noting that she has a family of seven that are faithfully conserving water and they will be penalized because of the size of her family as the minimum amount of water used is necessary to survive. She further noted that they take five minute showers, have not watered their lawn since November and have refilled their pool one time. Mr. Kevin Levonius, 945 Perrelli Street, addressed the Council noting that he has a family of seven and is discouraged because he is trying to conserve water and he will be penalized because of the number of persons in his family. t::8rQ -.J J 'J Res.90-20 Unf.Fire Code '88 Mr. Miguel Paredes, addressed the Council suggesting that penalties be applied to those who do not conserve water. The Mayor asked if there was anyone further in the audience wishing to speak. There was no further comment from anyone in the audience. Discussion was had by Council on exceptions to the proposed water rates for large families and those at poverty levels. Motion was made by Councilman Mussallem seconded by Councilman Hale and carried that the Public Hearing be reopened to hear from persons in the audience wishing to speak on the matter. Mr. Kevin Levonius addressed the Council, noting that his home has an energy conservation seal on his appliances, toilets, etc.; thus using the bare minimum of water and his water usage was 10,000 gallons per month. He noted that when he installed the City's toilet restrictors that the toilets would not function because they already are constructed to use less water. He re- que~ted that a large family not be penalized if they are conserv- ing and suggested that Social Security numbers be used to verify the number of persons in a single income family. He noted that he has been told that if his usage is 10,000 gallons per month he will not be penalized but he does not want to be penalized if he decides to increase his family. Hearing no further comments from the audience the Mayor closed the Public Hearing. Discussion was had by Council on exceptions to the proposed water rates. Motion was made by Councilman Gage seconded by Councilman Kloecker that the reading of Resolution No. 90-20 be waived and that it be adopted approving the recommended tiered water rates. RESOLUTION NO. 90 - 20 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING RATES FOR WATER SERVICE. PASSED AND ADOPTED this 2nd day of April, 1990 by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON, VALDEZ and HUGHAN COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that a Study Session be scheduled to discuss exceptions to the water rates and charges for possible application to consumers and amendment to Resolution No. 90-20. The Mayor deviated from the regular agenda in order to accommodate interested persons in the audience. A recommendation to adopt the 1988 Edition of the Uniform Fire Code, with Amendments was noted and further explained by Director of Public Safety Gillespie. Mr. Reinhard Hanselka, Engineer for Advance Industry Designs, addressed the Council further explaining application of the proposed Uniform Fire Code and amendments. At 9:13 p.m. Councilman Gage was excused and left the Council Chambers. Director of Public Safety Gillespie further continued his discussion of the proposed resolution adopting the 1988 Edition of the Uniform Fire Code with amendments. The Mayor asked if there was anyone in the audience wishing to speak on the proposal. Earth Day Park Hours Giants' stadium Green Valley proj. 5859 Mr. John Young, Gilroy Foods, addressed the Council noting that if his company has to comply with the proposed Fire Code with amendments that it may have to relocate in order to compete with other businesses that are located where these regulations do not apply. He requested that Council have a study Session before making a decision on the proposed resolution. Mr. Mike Shield, Senior Project Engineer for Woodward-Clyde Consultants, addressed the Council and presented copies of their recommendation, prepared for Gilroy Foods, to Councilmembers. Mr. Miguel Paredes, former employee of Gilroy Foods and Gentry, addressed the Council noting that there was concern from Management to protect their employees and agrees that Council should further discuss the matter at a Study Session prior to a decision on the proposed resolution. Council agreed to schedule a Study Session to discuss the matter prior to making a decision on the resolution. The Mayor declared a five minutes recess. The Mayor reconvened the meeting and continued with the regular order of the Agenda. Noted Earth Day 1990 regarding Global Cities Project continued from the March 19, 1990 regular Council Meeting. Noted California State Trail Days and Earth Day 1990 on the Bay Area Ridge Trail, April 21 and 22, 1990. Council took no action on the matter but requested the Mayor issue a proclamation regarding Earth Day 1990. Councilman Kloecker also requested that the Mayor issue a proclamation for Recycling Day, April 15, 1990. City Administrator Baksa presented and explained a recommendation to amend the ordinance establishing hours City Parks shall be open and closed. Motion was made by Counncilman Kloecker seconded by Councilman Hale and carried that the proposed ordinance be introduced, the reading waived and that it be published by title and summary. 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. A request from the City of Santa Clara was noted for a resolution authorizing joining in a proposed Joint Powers Agreement (JPA) to analyze benefits of the proposed South Bay Giants Stadium. Council took no action on the request. A request of Lorna Prieta Conservation District was noted for support to Congressional Representatives for a $15 million budget allocation for USDA-SCS California. Council had no objection to the Mayor writing a letter of support for same. The City's response to the County regarding Green Valley Drive Project was noted. Councilman Kloecker requested additional information regarding this project. It was noted that same would be agendized on the next Council Agenda. The following informational items were noted with no separate discussion on same: State Department of Transportation re: Public Hearing to Discuss the Proposal to Construct a Weigh Station and Truck Inspection Facility on Northbound 101; rs.c-., "J -!, ~ U0 JPA Pers.Com. Job classi- fications P.& R.Com. Study Sess. Dist.Task Force Com. Monthly Cash and Investment Report, February 28, 1990; Proclamations Issued by Mayor Hughan: Year of the Oak - 1990; Community Development Week - April 7-14, 1990; and Victims' Rights Week - April 22-28, 1990; and Minutes of the Housing Task Force Meeting of March 20, 1990. Noted the Updated Schedule with no change from the schedule on the March 19, 1990 Council Agenda. The Minutes of the Personnel Commission Meetings of March 12th and 26, 1990 were noted. Motion was made by Councilman Kloecker seconded by Councilwoman Nelson and carried that job descriptions for Police Records Technician I and II, Secretary, Firefighter Trainee and Firefighter I be approved as recommended. The Minutes of the Parks & Recreation Commission Meeting of March 20, 1990 were noted. The Minutes of the Senior Advisory Board Meeting of February 20, 1990 were noted. The Minutes of the Library & Culture Commission Meeting of February 13, 1990 were noted. The Minutes of the Gilroy Golf Course Advisory Board Meeting of February 13, 1990 were noted. City Administrator Baksa noted that he had no further update on the Water Conservation Program. Council set April 23, 1990 at 7:00 p.m. for a Council Study Session to discuss Sewer Alternatives for providing capacity needed by the cities of Gilroy and Morgan Hill during construction of a separate Morgan Hill Plant as proposed by James M. Montgomery, Consulting Engineers. Council requested advance copies of comments to the Draft EIR for the Wastewater Treatment Plant Facility. Councilman Kloecker requested that a percentage of water reduction be included in the monthly or quarterly reports. City Administrator Baksa noted an invitation from the Chamber of Commerce to their Economic Development Committee Dinner and Seminar from 3-5 p.m. on April 19, 1990. Councilman Mussallem noted that he intends to attend same. City Administrator Baksa noted the Gilroy Youth Artist television program on Channel 11, April 8, 1990. The Mayor noted the religious channel at 6:00 a.m., Sundays with interviews by her son of religious figures. The Mayor gave an update on Under-Representation Task Force Committee applications, noting that six have been received from Hispanics, one from Oriental background and one from other ethnic background. It was noted that this does not meet the criteria established for this Committee. Council wished to extend the applications for another month. (Deadline for letter applications to be received May 3, 1990 - 5 p.m. for May 7, 1990 consideration. Councilman Kloecker noted that he should have an update on the Recycling Program in about thirty days. Councilman Kloecker gave an update on the Congestion Management Plan. Councilman Hale thanked the City Administrator for his clarification letter to the Editor of the Dispatch regarding Recycling. Study Sess. Adjrnmt. 586~ The Mayor noted the Council study Session of April 9, 1990 - 7:00 p.m. in the Employees' Lounge, City Hall re: Citywide Citizens' Participation Program. Council set a Council Study Session of April 30, 1990 at 7:00 p.m. to discuss the proposed 1988 Edition of the Uniform Fire Code with amendments. At 10:49 p.m. the Mayor adjourned to a Closed Session re: Existing Litigation - City of Gilroy v. State Board of Equalization in accordance with Section 54956.9(a) of the Government Code. At 11:50 p.m. the Mayor reconvened the Meeting and further adjourned. Respectfully submitted, 4~tbd~