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Minutes 1990/08/06 Invocation Posting Agenda Roll Call Intro.New Emps. Consent Calendar Minutes Res.90-47 Ord.90-17 Ord.90-18 5YO.5 Regular Meeting August 6, 1990 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag at 7:06 p.m. Father Robert Hansen, st. Stephens' Episcopal Church, gave the Invocation. The City Clerk reported that the Agenda had been posted on August 2, 1990 at 12:20 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. The Mayor introduced New Employees: Patricia Sparling and Joshua Valverdo, Fire Fighters; and David S. Olds, title change to Firefighter. Motion was made by Councilman Gage seconded by Councilman Kloecker 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 July 16, 1990; Adopted Resolution No. 90-47 Commending Services of Elaine Codiga, Administrative secretary, Upon Her Retirement; RESOLUTION NO. 90 - 47 RESOLUTION OF THE SERVICES OF ELAINE RETIREMENT. PASSED AND ADOPTED vote: AYES: CITY COUNCIL OF THE CITY OF GILROY COMMENDING CODIGA, ADMINISTRATIVE SECRETARY, UPON HER this 6th day of August, 1990, by the following COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON, VALDEZ and HUGHAN. None None; NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Adopted Ordinance No. 90-17 Amending the Zoning Ordinance by rezoning 9990 square feet at the Northeast corner of Fifth and Eigleberry Streets from C1-HS (Neighborhood Commercial-Historic Site) District to C1-HN (Neighborhood Commercial-Historic Neighborhood) District. ORDINANCE NO. 90 - 17 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING 9990 SQUARE FEET AT THE NORTHEAST CORNER OF FIFTH AND EIGLEBERRY STREETS FROM Cl-HS (NEIGHBORHOOD COMMERCIAL- HISTORIC SITE) DISTRICT TO C1-HN (NEIGHBORHOOD COMMERCIAL- HISTORIC NEIGHBORHOOD) DISTRICT. PASSED AND ADOPTED this 6th day of August, 1990, by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON, VALDEZ and HUGHAN. None None; NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Adopted Ordinance No. 90-18 amending Section 37.57 of the Zoning Ordinance regulating new Car Dealership Signs; 5906 Minutes Res.90-48 Res.90-49 S.W.Quad Reclamatn. POST Op.BrwnBag Dev.Agree. Gil/Del M. Prop. Pub. Hear. Zon.Ord. Z-90-2 ORDINANCE NO. 90 - 18 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 37.57 OF THE ZONING ORDINANCE REGULATING NEW CAR DEALERSHIP SIGNS. PASSED AND ADOPTED this 6th day of August, 1990 by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON, VALDEZ and HUGHAN. COUNCILMEMBERS: None COUNCILMEMBERS: None; NOES: ABSENT: Approved the Minutes of the Special Council Meeting of July 23, 1990; Adopted Resolution No. 90-48 Authorizing California Highway Patrol to Direct and Control Traffic and Enforce Traffic Laws Within the Gilroy City Limits on August 25th and 26, 1990 for the Gilroy Hispanic Cultural Festival; RESOLUTION NO. 90 - 48 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AUTHORIZING CALIFORNIA HIGHWAY PATROL TO DIRECT AND CONTROL TRAFFIC AND ENFORCE TRAFFIC LAWS WITHIN THE GILROY CITY LIMITS ON AUGUST 25TH AND 26, 1990 FOR THE GILROY HISPANIC CULTURAL FESTIVAL. PASSED AND ADOPTED this 6th day of August, 1990 by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON, VALDEZ and HUGHAN. COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: Adopted Resolution No. 90-49 Approving City/County Contract for the 16th CDBG Year; RESOLUTION NO. 90 - 49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ACKNOWLEDGING EXECUTION OF COUNTY/CITY SUBGRANTEE CONTRACT FOR THE 16TH PROGRAM YEAR PURSUANT TO TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED. PASSED AND ADOPTED this 6th day of August, 1990, by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON, VALDEZ and HUGHAN. COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: Approved proposal to retain Professional Services of James Montgomery Consulting Engineers, Inc. to Review the Southwest Quadrant Reclamation Report; Introduced a proposed Ordinance to be published by title and summary accepting the Penal Code requirements relating to the selection and training standards of Public Safety Dispatchers (noting Resolution 90-36 previously adopted 6-18-90 - State requires an ordinance). Approved renewal Contract of Operation Brown Bag for Site Sponsors as recommended; and Approved Development Agreement #90-33 and Tract Map No. 8361, Gilroy-Del Monte Properties, Inc. as recommended. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a Zoning Ordinance Text Amendment to Section 37.31(r) to Allow Additional Types of Portable Signs on Vehicles, City of Gilroy, Applicant. (Z-90-2) Pub. Hear. GUSchDist. SewerRate Res.90-51 Toxic Gas ModelOrd. ~9. 07 ,,-., ~ The Staff Report was noted and further explained by Planning Director Dorn. Discussion was had by Council requesting that allowable signs be stated in the ordinance Le. "not permanently affixed" magnetic, decals, plastic inserts, bolted and painted. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. There was no comment from anyone in the audience. The Mayor closed the Public Hearing. Motion was made by Councilman Gage seconded by Councilman Valdez and carried that the reading of the ordinance be waived, that it be introduced and published by title and summary allowing additional types of portable signs of more than three square feet on vehicles. Motion was made by Councilman Gage seconded by Councilman Hale and carried that the Planning Commission review ordinances relating to planning and zoning for any necessary amendments. Councilman Valdez voted "no" on the motion. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider revision and adjustment of rates and charges for Municipal Sewer Service for the Gilroy Unified school District. The Staff Report was noted and further explained by City Administrator Baksa. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Mr. Kai Lai, representing the Board of Trustees of the School District, addressed the Council noting that the recommended revisions are fair and equitable. The Mayor asked if there was anyone further 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 Kloecker that the reading of Resolution No. 90-50 be waived and that it be adopted approving the recommended revisions and adjustments to the sewer rates for the Gilroy Unified school Distrtict. RESOLUTION NO. 90 - 50 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING AMENDED RATES FOR SANITARY SEWER SERVICE. PASSED AND ADOPTED this 6th day of August, 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 Kloecker that the reading of Resolution No. 90-51 be waived and that it be adopted approving Article 90, Uniform Fire Code Toxic Gas Model Ordinance. RESOLUTION NO. 90 - 51 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AMENDING RESOLUTION NO. 90 - 28 TO INCLUDE ARTICLE 90 PERTAINING TO TOXIC GAS MODEL ORDINANCE. PASSED AND ADOPTED this 6th day of August, 1990, by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, VALDEZ and HUGHAN . COUNCILMEMBERS: MUSSALLEM and NELSON. COUNCILMEMBERS: None NOES: ABSENT: 59()8 Undrgrnd. UtilityOrd Res.90-52 Pacheco Pass Reorg 88-3 Res.90-53 Court Facility City Administrator Baksa presented a proposed amendment to the Underground utility Ordinance and explained same to include adoption of a resolution amending the fees. Motion was made by Councilman Gage seconded by Councilman Valdez that the reading of the proposed ordinance be waived and that it be introduced and published by title and summary. Councilmembers: Hale and Nelson voted "no" on the motion. Motion was made by Councilman Gage seconded by Councilman Valdez that the reading of Resolution No. 90-52 be waived and that it be adopted amending the existing utility Undergrounding Fees as recommended. RESOLUTION NO. 90 - 52 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING A FEE FOR UNDERGROUNDING UTILITIES AS PROVIDED FOR IN CITY CODE SECTION 21.114 AS AMENDED. PASSED AND ADOPTED this 6th day of August, 1990, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GAGE, KLOECKER, MUSSALLEM, HUGHAN. HALE and NELSON. None VALDEZ and An application and recommendation to annex to the City and detach from the South Santa Clara County Fire District "Pacheco Pass Reorganization 88-5", containing 25.48 acres of Uninhabited Territory, located South of Pacheco Pass Highway, Gilroy Foods, Inc., applicant, A 88-3, was noted and further explained by Planning Director Dorn. Motion was made by Councilman Gage seconded by Councilman Kloecker that the reading of Resolution NO. 90-53 be waived and that it be adopted approving the reorganization as recommended. RESOLUTION NO. 90 - 53 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING A REORGANIZATION OF TERRITORY PURSUANT TO THE DISTRICT REORGANIZATION ACT OF 1965 AS AMENDED, DESIGNATED AS PACHECO PASS REORGANIZATION 88-3. PASSED AND ADOPTED this 6th day of August, 1990, by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON, VALDEZ and HUGHAN. COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: A request to approve an addendum to a rental agreement with Santa Clara County to require the County to pay for temporary trailers for court facilities while the Council Chambers Construction Project occurs and request to approve a change order for the City Hall remodeling project to provide for temporary trailers to be used by Santa Clara County for the Gilroy Court were noted and further explained by City Administrator Baksa. Motion was made by Councilman Kloecker seconded by Councilman Gage and carried that the addendum to the rental agreement and change order to City Hall remodeling project be approved as recommended. The Mayor asked if there was anyone in the audience wishing to speak on any matter not on the agenda. Mr. Sam Bozzo, Gilroy Unified School District and Garlic Festival, addressed the Council noting City/School continued cooperation and thanked the City Parks & Recreation Department and Police Department for continued cooperation during the Garlic Festival. Leag.Conf. Res.90-54 Election Plan. Com. 8-2-90 Pers.Com. 7-23-90 S909 Mr. & Mrs. Vince Fortino, Third and Wren Avenue, addressed the Council presenting a petition from 23 neighbors regarding adjacent neighbors conducting large parties offensive to those in the neighborhood, which included noise and loitering within the neighborhood. The City Attorney informed them that this was a civil not a City matter, noting that a civil complaint could be filed in the courts and the affected parties would have to testify in court. In reply to a League of Califdornia Cities request, Council designated Mayor Hughan, Delegate and Councilman Kloecker, Alternate to the League of California Cities Annual Conference in Anaheim, October 21-24, 1990. A request of South County Housing for a City ballot measure regarding Low Rent Housing on the Wheeler Hospital Site was noted. Motion was made by Councilman Hale seconded by Councilman Gage that the reading of Resolution No. 90-54 be waived and that it be adopted calling a Special Municipal Election for November 6, 1990 and requesting consolidation with the County for said Ballot Measure. RESOLUTION NO. 90 - 54 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF GILROY ON NOVEMBER 6, 1990; REQUESTING SERVICES OF REGISTRAR OF VOTERS; REQUESTING CONSOLIDATION OF ELECTIONS AND SPECIFYING CERTAIN PROCEDURES FOR THE CONSOLIDATED ELECTION. PASSED AND ADOPTED this 6th day of August, 1990, by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON, VALDEZ and HUGHAN. None None NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: The following informational items were noted with no separate discussion on same: City in appreciation of Hecker Pass-A Family Adventure's assistance; Minutes of the Housing Task Force Meeting of June 19th and July 24, 1990; Andrew L. Faber, Attorney re: June 13th Letter of Monterey County Counsel; Proclamations issued by Mayor Hughan: Energy Awareness Month - October 1990; Commendation to Armando X. Mendoza, Retired Executive Director of The Bridge; and Fortino Winery Day, July 21, 1990; Planning Staff approvals, dated July 25, 1990; Ladies Gilroy Golf Club re: Golf Course concerns; .--------------- Monthly Cash and Investments Report, dated June 30, 1990; South County Housing's intent to apply to California State Rental Housing Construction Program for funds to construct proposed Wheeler Project; and Letter of support for Funding and Preservation of Old City Hall Building. The Report of the Planning Commission Meting of August 2, 1990 was noted. The Report of the Personnel Commission Meeting of July 23, 1990 was noted. Adjrnmt. Motion was made by Councilman Kloecker seconded by Councilman Gage that the job description and salary range for Public Information Technician and title change of Junior Civil Engineer to Junior Engineer be approved as recommended. City Administrator Baksa noted no update on the Water Conservation Program. The Mayor asked for a volunteer to attend the Opening Ceremonies at the Santa Clara County Fairgrounds August 7th to represent Gilroy. There were no volunteers. The Mayor noted that the Oakland City Hall Restoration Project is estimated at $90,000,000.00. Councilman Kloecker noted no update on the City's Recycling Program. Councilman Kloecker requested appointment as the City'S representative as Gilroy-Primary Member on the Congestion Management Agency. Motion was made by Councilman Gage seconeded by Councilman Mussallem and carried that Councilman Kloecker be appointed as the City'S representative as recommended. Councilman Hale inquired of the status of the traffic signal on 101 and Tenth Street. Discussion was had regarding the City'S annexation policy and Councilman Mussallem requested a study session on same, particularly from the northwest quad to Masten Avenue. Council set August 27, 1990 at 7:00 p.m. at the Senior Citizens' Center for said Study Session. It was noted that Lisa B., Reporter from the Gilroy Dispatch would be leaving Gilroy. The Mayor noted the following meetings: Joint Special Meeting (7:30 p.m.) and Closed Session (6:30 p.m.) Gilroy/Morgan Hill City Councils, August 13, 1990 at Morgan Hill Council Chambers re: Completion of CEQA Certification and adoption of an Alternative for the Long-Term Wastewater Management Plan and Associated Findings and Mitigation Monitoring Program; Annual City Barbecue August 18, 1990 - 4:00 p.m., Christmas Hill Park; and Annual League of California Cities Conference, October 21- 24, 1990 in Anaheim. At 9:04 p.m. the Mayor adjourned the meeting. Respectfully submitted, 4!:~6.4~