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Minutes 1990/10/01 Regular Meeting October 1, 1990 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag at 7:07 p.m. Invocation It was noted that the scheduled Pastor to give the Invocation was not present. Posting Agenda The City Clerk reported that the Agenda had been posted on September 27, 1990 at 9:02 a.m. Roll Call Intro.New Employees Gilroy 2000 Emp.Award Cert.Serv. Cert. Consent Calendar Minutes March of Dimes OchoaSeeds Bids: Shooting Range Pub. Hear. WaterRates .. h q rq: ""}',, L.....J 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, Phyllis A. Ward and Jolie M. Church, Public Safety Communicators I; Patricia Bentson, Secretary-Planning Department. Mr. Jack Pate, Chairman of the Gilroy 2000 Committee Task Force, addressed the Council and gave an update on the Committee's progress. Copies of the Committee Meeting Minutes of September 26, 1990 were distributed. Motion was made by Councilman Valdez seconded by Councilman Kloecker and carried that Council reaffirmed their support of Phase I, which includes Consultant fees of $12,000.00 and miscellaneous expenses of $1,500.00 plus two surveys estimated to be $6-7,000.00. Councilmembers: Gage, Mussallem and Nelson voted "no" on the motion. The Mayor presented the Employee Award for the Month of August, 1990 to Ellen Bellairs, Gilroy Senior Center Receptionist-Secretary. The Mayor presented a Certificate of Service to Patricia Bentson, retired Planning commissioner. The Mayor presented Certificates to Citizens assisting at an accident scene. The family of the victim also presented plaques, flowers and T-shirts in appreciation. It was noted that a Fund Raiser was scheduled for October 6th and 7th at the Town Plaza Parking Lot for the victim. Motion was made by Councilman Kloecker seconded by Councilman Gage 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 September 17, 1990; Approved waiver of the municipal license for March of Dimes for their annual Solicitation of Funds October 1, 1990 through September 30, 1991; Accepted improvements for Ochoa Seeds, 230 Mayock as recommended. The Fire Department and Sparky announced Fire Prevention Week and invited Council to the Bucket Brigade October 13, 1990 at Noon, and presented Council with T-shirts celebrating Fire Prevention Week October 6-l3, 1990. City Administrator Baksa noted a report and recommendation on bids received for the Shooting Range Improvement Project 1990- 2 further explaining same. Councilman Mussallem noted that he would not take part in the discussion nor action on the matter due to a conflict of interest. Motion was made by Councilman Gage seconded by Councilman Valdez and carried that the bid of Trinchero Construction in the amount of $35,361.00 be awarded as recommended for the Gilroy Shooting Range Improvement Project 1990-2. The Mayor stated that it was the time and place scheduled for the Public Hearing to consider revision and adjustment of Winter Rates and Charges for Municipal Water Service. A letter from Ann Zuhr regarding suggestions concerning the drought was noted. 5:926 Res.90-70 Tree Prog. RDO Alloca- tions City Administrator Baksa gave the Staff Report noting that the proposed Resolution is a follow-up from the Council's wishes at the last regular meeting to eliminate winter rates, noting the current rates would remain for the winter. The Mayor asked if there was anyone in the audience wishing to speak on the matter. Mr. Ben Griffin, 6400 Hastings Place, addressed the Council and was concerned and opposed to the tier rates. 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 Valdez that the reading of Resolution No. 90-70 be waived and that it be adopted. RESOLUTION NO. 90 - 70 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING RATES FOR WATER SERVICE. PASSED AND ADOPTED this 1st day of October, 1990, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON, VALDEZ and HUGHAN. None None ~, COUNCILMEMBERS: COUNCILMEMBERS: City Administrator Baksa presented a recommendation on Gilroy's Tree Preservation Program (M 90-6) further explaining same. Council requested under Section 6.2 "may" be inserted for "shall". Council approved Staff's recommendation as recommended by the Planning Commission and approved by the Parks & Recreation Commission with "may" being inserted for "shall" under Section 6.2. Councilmembers: Mussallem and Nelson voted "no" on the motion. Council continued their review of RDO Sewer Allocations, further explained by City Administrator Baksa and Senior Planner Myer. The Mayor asked if there was anyone in the audience wishing to speak on the matter. The following addressed the Council on the matter: John M. Filice Jr., representing Lyon/Glen Lorna/Arcadia; David SanChez, representing Country Estates; and Ted Schaal, representing Long Meadow. Motion was made by Councilman Kloecker seconded by Councilman Valdez to approve RDO 81-4 Price request for sewer allocation for 10 units and failed by the following Roll Call Vote: Ayes: Councilmembers: Kloecker, Valdez and Hughan; Noes: Councilmembers: Gage, Hale, Mussallem and Nelson. Motion was made by Councilman Kloecker seconded by Councilman Valdez and carried that written proposal from John Filice as presented orally be submitted to be reviewed by Staff and the City Attorney to determine if said proposal is feasible and whether action can be made at this time to proceed with a Tentative Map or not. Council deferred action to extend the City Hall Architect Contract as recommended. The Mayor asked if there was anyone in the audience wishing to speak on any matter not on the agenda. Sign re: R.Cooper Xmas Hill Pk. ~qr'7 .,j' '" L ; Mr. Rick Mello, 7330 Orchard Drive, addressed the Council in regard to the City Hall Construction Project regarding posting of permits, plans, etc. at the site. Mr. Tim Gavin, Long Meadow Drive, addressed the Council in regard to a problem with his driveway not matching up to the approach, further explained by Director of Public Works Allen. Mr. Lou Tersini, representing Arcadia Development, addressed the Council noting that they will reconcile the problem and are willing to rectify whatever is determined by the State Licensing Board. Councilman Kloecker requested that the matter of non- conforming driveways in the development be agendized as a status report of each and every location and what is being done to rectify the situation. Ms. Lani Havens, representing William Lyon, addressed the Council noting that these developers are attempting to locate the problem driveways in their development but have not sent letters to any of the property owners as of this date. Mr. Tim Gavin addressed the Council and noted that he had not received a reply from Arcadia Development to any of his certified letters, noting that his first letter was dated March 11, 1990. Councilwoman Nelson left the Council Chambers at 10:09 p.m. and returned at 10:15 p.m. A request of Mr. Roark Cooper concerning an existing pole sign at 7920 Monterey Street and Staff report and recommendation was noted and further explained by Mr. Cooper. Motion was made by Councilman Hale seconded by Councilman Mussallem and carried that Mr. Cooper be encouraged to resolve the problem with Staff and in any event authorized him to proceed with a variance application, if necessary at no fee. City Administrator Baksa presented the wording of a future utility easement through Christmas Hill Park property recommending approval of same. Motion was made by Councilman Kloecker seconded by Councilman Hale and carried that the future utility easements through Christmas Hill Park property be approved as presented. The following informational items were noted with no separate discussion on same: Minutes of the Visitor's Bureau Advisory Committee Meeting of August 9, 1990 and August 1990 Financial Statement; Proclamations Issued by Mayor Hughan: Fire Prevention Week - October 6-13, 1990; Commendation to David Andrew Lewis - Eagle Scout; and 1990 Business of the Year; Commission and Board Appointments effective January 1, 1991 to expire January 1, 1995; City's Nomination of Chairman of Congestion Management Agency Board; City'S letter to Commercial/Industrial Under Users of their Sewer Capacity; Tenth and Church Streets Traffic Signals Schedule; IGC-A-Gram re: Ridge Trail Events; Assemblyman Areias re: Earthquake Preparedness; and Monthly Cash and Investments Report, August 31, 1990. C:9f)P ~) L'i,...J 2000 Com. Adjrnmt. The Minutes of the Gilroy 2000 Steering Committee Meeting of September 19, 1990 were noted. City Administrator Baksa had no update on the Water Conservation Program. City Administrator Baksa suggested November 15, 1990, 5- 6:30 p.m.'as a City/School Liaison Committee Meeting. Councilmembers: Mussallem and Nelson noted that they would not be able to attend on the suggested date. City Administrator Baksa noted that he would attempt to reschedule same. City Administrator Baksa noted the close of escrow for the recently purchased properties adjacent to Christmas Hill Park. City Administrator Baksa noted the League of California Cities Call to Action re: "Operation Budget Freedom" to eliminate City involvement in State Budget and repeal County charges for booking fees and property tax collection and noted no response on same from local legislators. Council requested the matter be agendized at the next regular meeting. City Administrator Baksa noted the hiring of new employee, Christina Pitsch as Public Information Technician. The Mayor noted that she would be out of the Country October 3-20, 1990 and requested Council reschedule the RDO Study Session from October 8th to November 12, 1990. (Rescheduled for November 13, 1990, due to the 12th being a Legal Holiday.) Councilman Gage noted he has a copy of Marsh Lands-Wet Lands, Keeping Open Spaces for consideration in designing and planning if any of the Council desire to review same. Councilman Kloecker noted that the City of Gilroy is the first California city to recycle polystyrene further explaining same. Councilman Hale suggested that an up-date of recyclable materials be noted on the City'S utility bills. Councilman Gage inquired of those Councilmembers participating in the Bucket Brigade. Mayor Hughan noted a newspaper article of Gilroy regarding its garlic, wine and parks. Councilwoman Nelson inquired about the City's recommendation on processing applications in Planning and Public Works Departments. Director of Public Works Allen gave an up- date on the Committee that is studying same. Councilman Mussallem concurred with the City'S letters to Commercial/Industrial Under Users of their Sewer Capacity. The following meetings were noted: Annual League of California Cities Conference, October 21- 24, 1990; Gilroy City Council Study Session, October 29, 1990 - 7:00 p.m., Gilroy Senior Center re: Discussion of City Annexation Policy; Noted South County Housing Open House - Wheeler Hospital Bldg., October 4, 1990. At 10:45 p.m. the Mayor adjourned to the continued Closed Session from 7:30 p.m. re: Personnel Matter and Possible Litigation and reconvened and further adjourned the meeting. Respectfully submitted, /~~t,4~ . City Clerk .