Minutes 1990/06/04
Invocation
Posting
Agenda
Roll Call
588'
Regular Meeting
June 4, 1990
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag at
8:02 p.m.
The Reverend George Minerva, Presbyterian Church, gave the
Invocation.
The City Clerk reported that the Agenda had been posted on
May 31, 1990 at 2:28 p.m.
Present: Councilmembers: Donald F. Gage, Leonard A. Hale,
Paul V. Kloecker, Larry Mussallem, Sara C. Nelson, Pete Valdez,
Jr. and Roberta H. Hughan.
c:; 8 00 f)
v L
Consent
Calendar
Minutes
Ord.90-12
Ord.90-13
Minutes
Hear.re:
Jacobsen
Appeal
Motion was made by Councilman Gage, seconded by Councilman
Hale that the following items under the Consent Calendar be
approved 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 May
21, 1990;
Adopted Ordinance No. 90-12 Amending Section 2.13(a) of the
City Code Changing City Council Regular Meeting Time from 8:00
p.m. to 7:00 p.m.;
ORDINANCE NO. 90 - 12
ORDINANCE OF THE COUNCIL OF THE CITY OF GILROY AMENDING THE GILROY
CITY CODE SECTION 2.13(a) PERTAINING TO THE TIME OF THE REGULAR
COUNCIL MEETINGS.
PASSED AND ADOPTED this 4th day of June, 1990 by the following
vote:
AYES:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON,
VALDEZ and HUGHAN
COUNCILMEMBERS: None
COUNCILMEMBERS: None;
NOES:
ABSENT:
Adopted Ordinance No. 90-13 Amending City Code Sections
Relating to Alarm Systems;
ORDINANCE NO. 90 - 13
ORDINANCE OF THE COUNCIL OF
CITY CODE SECTIONS RELATING
PASSED AND ADOPTED this 4th
vote:
AYES:
THE CITY OF GILROY AMENDING THE GILROY
TO ALARM SYSTEMS.
day of June, 1990, by the following
COUNCILMEMBERS:
GAGE, HALE, KLOECKER,
VALDEZ and HUGHAN
None
None; and
MUSSALLEM, NELSON,
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
Approved the Minutes of the Special Council Meeting of May
29, 1990.
The Mayor stated that it was the time and place scheduled
for an appeal hearing on the decision of the Planning Commission
regarding denial of a Variance request of Susan Jacobsen, appli-
cant (V-90-2).
The letter appealing the Planning Commission's decision from
Susan Jacobsen was noted.
The Staff Report was noted and further explained by Planning
Director Dorn.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposal.
Ms. Susan Jacobsen, applicant, addressed the Council further
explaining the variance request and distributed a petition from
adjacent neighbors no longer objecting to the proposal.
Mr. Don Macsuga, 7660 princevalle Street, addressed the
Council oppposing the variance.
Mr. Mark Starritt, 7680 princevalle Street, owner of the
property north of the applicant, addressed the Council in favor of
the variance.
Ms. Janice Heinzen, 7661 Princevalle Street, addressed the
Council noting no objection to granting of the variance.
The Mayor asked if there was
wishing to speak on the proposal.
anyone in the audience. The Mayor
anyone further in audience
There was no comment from
closed the Public Hearing.
Discussion was had by Council on the matter.
Pub.Hear.
Wheeler
Bldgs.
Pub. Hear.
Weed Abate.
Res.90-30
Landscape
Policy
rS07
1"'1 "
'.) \..'-'
Motion was made by Councilman Kloecker seconded by Council-
man Gage and carried that the appeal be denied upholding the
decision of the Planning Commission to deny the variance. Coun-
cilman Hale voted "no" on the motion.
Motion was made by Councilman Mussallem seconded by Council-
man Hale and carried that the Planning Commission be directed to
consider an amendment to the ordinance that would allow an
accessory structure to be constructed with a second story in a
Single Family Residential District.
City Administrator Baksa noted an oral request to continue
the Wheeler Hospital Building Public Hearings to July 2, 1990.
Motion was made by Councilman Mussallem seconded by
Councilman Hale and carried that the Public Hearings to consider a
General Plan Amendment request, Wheeler Hospital Association,
Applicant, GPA 89-4 and Z 89-5 be continued to the July 2, 1990
regular Council Meeting.
The Mayor stated that it was the time and place scheduled
for a Public Hearing on a Report and Assessments for Weeds and
Refuse Abatement.
City Administrator Baksa noted and explained the Fire
Chief's Report for Weeds and Refuse Abatement.
Discussion was had by Council on the matter.
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. The Mayor closed the Public Hearing.
Motion was made by Councilman Gage seconded by Councilman
Mussallem that the reading of Resolution No. 90-30 be waived and
that it be adopted.
RESOLUTION NO. 90 - 30
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CONFIRMING THE
REPORT OF THE CHIEF OF THE FIRE DEPARTMENT SETTING FORTH THE
DESCRIPTION OF PROPERTY, THE OWNERS THEREOF, AND THE COST OF
ABATING THE NUISANCE CAUSED BY THE GROWING OF WEEDS AND
ACCUMULATION OF REFUSE IN THE CITY OF GILROY, AND PROVIDING THAT
SUCH COST SHALL CONSTITUTE ASSESSMENTS AGAINST THE RESPECTIVE
OWNERS OF LAND.
PASSED AND ADOPTED this 4th day of June, 1990, by the following
vote:
AYES:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON,
VALDEZ and HUGHAN
COUNCILMEMBERS: None
COUNCILMEMBERS: None
NOES:
ABSENT:
A recommendation to amend the City'S existing Consolidated
Landscaping Policy by adding a new section titled "Water Conserva-
tion Requirements" was noted and further explained by Planning
Director Dorn.
Motion was made by Councilman Gage seconded by Councilman
Mussallem and carried that the amendment to the existing Consoli-
dated Landscaping Policy be approved as presented with the
following changes: Section 5.1 C. No turf to be allowed on city
parkway strips or berms; add a provision under Section 5.1 after
"The following design elements shall be incorporated into all
commercial and industrial projects utilizing fresh water:.
Motion was made by Councilman Hale seconded by Councilwoman
Nelson and failed by the following Roll Call Vote to refer the
proposal back to the Planning Commission to further review the
proposed policy for further water savings discussed regarding
reducing the 8% landscaping requirement for commercial and for
industrial properties: Ayes: Councilmembers: Hale, Mussallem and
Nelson; Noes: Councilmembers: Gage, Kloecker, Valdez and Hughan.
5884
Old City
Hall
Satellite
Facilities
Fines
Trans.Com.
The Mayor deviated from the regular agenda in order to
accommodate interested persons in the audience.
A Report of the Old City Hall Earthquake Repair Costs was
noted and further explained by Planning Director Dorn.
Council took no action on the matter in order to determine
funding sources available.
Members of the audience modeled Old City Hall T-shirts
available for $12.00 at the Nimble Thimble or Gilroy Chamber of
Commerce with a portion of the proceeds to be used for funding to
preserve the Old City Hall building.
The Mayor continued with the regular order of the agenda.
Noted a Policy statement-Satellite Reclamation Facilities
further explained by City Administrator Baksa.
Council agreed to the concept of the Policey Statement with
the following amendments: (noting that same would be presented to
Council for formal approval when revised and Council questions
answered. )
a. #5 at the end of the paragraph "if their" changed to:
"if the specific development sewage..."
b. #9 needs to be clarified.
c. #13 previous provision requirement of the Water Quality
Control Board. Remove: "as a minimum, 140 days".
d. #14. Second sentence needs to be rewritten with
suggestions from James Montgomery Consulting Engineers.
e. Council requested adding to #18 "unless not required by
the City".
f. Council requested that trial period time be
investigated and researched by the City Administrator.
g. Council requested flow chart information.
h. Council requested water shed areas be defined or
projects identified for same. Identify the sewer trunk
main systems in certain areas.
City Administrator Baksa presented and explained a
recommendation on fines for violation of City Code relating to
water regulations in times of drought.
(At 9:55 p.m. Councilman Gage left the Council Chambers.)
Motion was made by Councilman Hale seconded by Councilman
Kloecker and carried that no action be taken on additional water
regulations; that the $25.00 fine remain.
(At 9:57 p.m. Councilman Gage returned and took his seat at
the Council table.)
Motion was made by Councilman Mussallem seconded by
Councilman Nelson and carried that Councilman Kloecker be
reappointed as the City's representative on the Santa Clara County
Transportation Commission for the term expiring June 30, 1992.
The following informational items were noted with no
separate discussion on same:
Proclamation Issued by Mayor Hughan: Foster Care Awareness
Month - May 1990 and Foster Parent Appreciation Week May 20-26,
1990;
Santa Clara County Library Commission Meeting June 23, 1990,
9:30 a.m. to 1:00 p.m. at the Milpitas Library;
JPA Com.
P.& R.Com.
Welburn/
Santa
Teresa
Intersect.
Adjrnmt.
5885
Minutes of the Housing Task Force Meeting of May 19, 1990;
and
Santa Clara County Library Reading Program Fund Raising
project.
Noted the Sewer Plan EIR Process update.
Noted the Minutes of the Parks and Recreation Commission
Meeting of May 15, 1990.
Noted the Minutes of the Senior Advisory Board Meeting of
April 16, 1990;
Noted the Minutes of the Library and Culture Commission
Meeting of April 10, 1990; and
Noted the Minutes of the Gilroy Golf Course Advisory Board
Meeting of April 17, 1990.
City Administrator Baksa noted that he had no update on the
Water Conservation Program.
City Administrator Baksa noted that line employees Customer
Service Training would begin this week.
Councilman Kloecker noted no update on the Recycling
Program.
Councilman Kloecker gave an update on the Congestion
Management Revised Proposal noting that the Joint Committee would
be meeting on June 19th and action would depend upon the passage
of Proposition No. 111 on the June 5th ballot.
Councilman Mussallem noted that he would not be present at
the June 6, 1990 Council Study Session.
Councilman Gage noted that he would not be present at the
June 5, 1990 Joint Special Meeting of the Gilroy/Morgan Hill City
Councils.
The following meetings scheduled were noted:
Meetings of the Gilroy/Morgan Hill City Councils',
7:30 p.m. and June 11, 1990 - 7:00 p.m., at Morgan
Chambers re: Discussion of Potential certification
and Selection of Sewer Plan Alternatives;
Joint Special
June 5, 1990 -
Hill Council
of Sewer EIR
Council Study Session June 6, 1990 - 5:00 p.m. Dinner
Meeting with Consultant re: Citizens' Participation Project,
Gilroy Senior Center; and
Joint Council/Planning Commission study Session, to discuss
the General Plan Housing Element update, July 9, 1990 - 7:00 p.m.,
Gilroy Senior Center.
Discussion was had regarding a Traffic Study of the Welburn
Avenue intersection at Santa Teresa Boulevard. City Administrator
Baksa noted that there has been no additional development in the
area since the last traffic study and that a new study at this
time would require the entire cost of $6,000.-$8,000. to be paid
for by the City. He noted that he would attempt to determine if
traffic figures at this location exist.
Councilman Mussallem distributed information regarding
Tentative Map approval.
At 10:05 p.m. the Mayor adjourned the meeting to a Closed
Session regarding a Personnel Matter, Meet and Confer Process and
Discussion and Consideration of Land Acquisition per Government
Code Section 54956.8.
At 11:55 p.m. the Mayor reconvened the meeting and further
adjourned.
Respectfully submitted,
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