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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, ~~~~.d9