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~