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Minutes 1990/12/03 5Y44 Invocation Posting Agenda Roll Call Intro.New Emp. Gilroy 2000 Consent Calendar Regular Meeting December 3, 1990 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag at 7:03 p.m. Reverend Eric Smith, South Valley Community Church gave the Invocation. The City Clerk reported that the Agenda had been posted on November 29, 1990 at 11:13 a.m. Present: Councilmembers: Donald F. Gage, Leonard A. Hale, Paul V. Kloecker, Larry Mussallem, Sara C. Nelson, and Pete Valdez, Jr. and Roberta H. Hughan. The Mayor noted New Employees: Patricia Harrell, Public Safety Communicator I and Isabel Eredia, Police Records Technician I were not present for introduction. Mr. Jack Pate, Chairman of the Gilroy 2000 Committee Task Force, addressed the Council and gave an update on the Committee's progress. Councilman Gage presented an Expenditure Budget of a similar Committee from the City of Modesto for Council information. Councilman Hale requested that Item "C" re: Ordinance amending Section 12B.1(b) of the City Code defining "Secondhand Dealer" be removed from the Consent Calendar for discussion on same. Minutes Approp. Limits Claims 2ndHand Dealer Ord.90-25 Bids- 10th & Church PoliceDept. Equip. Bids-Rough Mower Appeal Cooper V90-06 r .4 c JS1 J 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, removing Item "C": Ayes: Councilmembers: Gage, Hale, Kloecker, Mussallem, Nelson, Valdez and Hughan: Approved the Minutes of the Regular Council Meeting of November 19, 1990; Approved the 1990-91 Appropriations Limits as recommended; and Denied the following Claims as recommended: J. Martinez; L. Hight; E. Espinoza; and R. Bryde. Discussed the proposed Ordinance amending Section 12B.1(b) of the Gilroy City Code defining "Secondhand Dealer" previously introduced at the November 19, 1990 regular meeting and published by title and summary. Motion was made by Councilman Kloecker seconded by Councilman Valdez that Ordinance No. 90-25 be adopted. ORDINANCE NO. 90 - 25 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 12B.1(b) OF THE GILROY CITY CODE DEFINING "SECONDHAND DEALER". PASSED AND ADOPTED this 3rd day of December, 1990 by the following vote: AYES: COUNCILMEMBERS: GAGE, KLOECKER, VALDEZ and HUGHAN. NOES: COUNCILMEMBERS: HALE, MUSSALLEM and NELSON. ABSENT: COUNCILMEMBERS: None It was noted that Council requests a report in one year to determine if the ordinance is effective as to the recovery rate of stolen property. City Administrator Baksa presented a recommendation to award the bid of DKS Associates for Consultant Services for the Tenth and Church Streets Signalization Project. Motion was made by Councilman Hale seconded by Councilman Kloecker and carried that the bid of DKS Associates be awarded for Consultant Services for the Tenth and Church Streets Signalization Project as recommended. City Administrator Baksa presented a recommendation to award bids for the modification to the Air Conditioning System at the Gilroy Police Department. Motion was made by Councilman Kloecker seconded by Councilman Valdez and carried that bids of Chemical Exhaust and Comm-Air Mechanical be awarded jointly in the total amount of $33,844.00 for modification to the Air Condition System at the Gilroy Police Department as recommended. City Administrator Baksa presented a recommendation to award the bid of H. V. Carter for a Rough Mower for the Gilroy Municipal Golf Course in the amount of $8,022.12. Motion was made by Councilman Kloecker seconded by Councilman Valdez and carried that the bid of H. V. Carter in the amount of $8,022.12 be awarded as recommended for a Rough Mower. The Mayor stated that it was the time and place scheduled for an Appeal hearing of Roark W. Cooper on the decision of the Planning Commission regarding his Variance request, V 90-06. 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 on the matter. 5946 Res.90-78 Commissions Christopher ParcelMap Greenbelt Mr. Roark W. Cooper, 733 Gettysburg Way, addressed the Council further explaining his variance request noting that to change the height of the sign would create an unnecessary expense. The Mayor noted a letter from Norman H. Bowman in support of the appeal. Motion was made by Councilman Mussallem seconded by Councilman Nelson that the reading of Resolution No. 90-78 be waived and that it be adopted modifying the decision of the Planning Commission by allowing the twenty foot height of the sign to include the conditions as set forth by the Planning Commission. RESOLUTION NO. 90 - 78 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY MODIFYING AND AFFIRMING ON APPEAL THE ACTION OF THE PLANNING COMMISSION GRANTING A VARIANCE FOR AN EXISTING NON-CONFORMING 20' POLE SIGN AT 7920 MONTEREY STREET. PASSED AND ADOPTED this 3rd day of December, 1990 by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, MUSSALLEM and NELSON. NOES: COUNCILMEMBERS: KLOECKER, VALDEZ and HUGHAN. ABSENT: COUNCILMEMBERS: None Noted Commission and Board Appointments effective January 1, 1991 to expire January 1, 1995 and applications received. Council extended the deadline for applications for Parks & Recreation Commission and Personnel Commission to December 12, 1990 at 5:00 p.m. (Appointments to be made at the December 17th regular Council Meeting.) Set December 10, 1990 at 7:00 or 8:00 p.m. for interviews of the Planning Commission applicants. (Depending on another proposed Study Session for that date.) Noted a letter from Jim Hoey withdrawing his Planning Commission application. Noted a recommendation to approve the Christopher Parcel Map on Mesa Road further explained by Director of Public Works Allen. Motion was made by Councilman Gage seconded by Councilman Valdez and carried to approve the Christopher Parcel Map on Mesa Road as presented and recommended. Discussion was had on the Morgan Hill/Gilroy Greenbelt concept. A letter from Margaret Vierra to speak on the issue was noted. The Mayor asked if there was anyone in the audience wishing to speak on the matter. Mr. Fred Angelino addressed the Council noting that the proposal had some merit but not as proposed. Ms. Margaret Vierra addressed the Council and opposed the Greenbelt concept. Mr. Miguel Paredes, addressed the Council opposing the Greenbelt concept. Ms. Joan Woods, addressed the Council noting that her parents own property in San Martin and they are opposed to the Greenbelt concept. Customer serv/survey Undergrnd. utility Fees Martin GP ~U4~J' 07 i Motion was made by Councilman Mussallem seconded by Councilwoman Nelson and carried by the following Roll Call Vote to oppose the Greenbelt concept and to further studies on the matter: Ayes: Councilmembers: Gage, Hale, Mussallem and Nelson; Noes: Councilmembers: Kloecker, Valdez and Hughan. At 8:32 p.m. the Mayor declared a ten minute recess and reconvened the meeting at 8:42 p.m. Councilman Gage requested a Customer Service/General Information Survey and to discuss same with a consultant at a Council Study Session. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that a Study Session be scheduled with a Consultant to discuss costs, etc. for a Customer Service Survey. It was suggested that the session be scheduled prior to the December 10, 1990 Study Session regarding Planning Commission Applicant's interviews if possible. (Meeting scheduled for December 11, 1990 at 7:00 p.m. in the Planning Conference Room.) The Mayor asked if there was anyone to speak on any matter not on the agenda. from anyone in the audience. in the audience wishing There was no comment A request of Ralph Zertuche for an amendment to the Underground Utility Fee Policy to exempt development of one unit, was noted and further explained by Director of Public Works Allen. Motion was made by Councilwoman Nelson to restrict the policy to apply to major thoroughfares at the entrances to the City. Motion died for lack of a second. Motion was made by Councilman Gage seconded by Councilman Valdez and carried by the following Roll Call Vote to authorize exemption from Underground Utility Fee Policy to allow $2,000.00 or $107.00 per front foot, whichever is less for developers adding one unit in a single family residential district: Ayes: Councilmembers: Gage, Kloecker, Valdez and Hughan; Noes: Councilmembers: Hale, Mussallem and Nelson. (The Mayor deviated from the regular agenda in order to accommodate interested persons in the audience.) A letter from Sue Larson regarding Falcon Cable and the City's response were noted requesting the City notify the Falcon Corporate Office regarding the problem with cable television as outlined in her letter. Ms. Sue Larson, addressed the Council further explaining her request. Mr. Richard Furtado, 269 Roop Road, Acting General Manager of Falcon Cable addressed the Council further explaining the cable system in Gilroy. Councilman Valdez suggested a Task Force be formed of all concerned including Gilroy, Morgan Hill and Hollister to meet with Falcon Cable representatives to work on the problem. The Mayor appointed Councilman Valdez to represent the City on the Task Force Committee. The Mayor also noted that the City would write the Corporate Office of Falcon Cable regarding the concerns of the citizens regarding the cable system in the City. A letter from Jeff Martin regarding the Martin General Plan Amendment/Vintner's Showcase, CR 87-06 was noted (scheduled before the County 12-4-90 for continuance to their 12-11-90 meeting). 5948 Pers.Com. 11-13-90 2000Com. Housing Ass't. Councilwoman Nelson noted that she would not take part in the discussion nor action by the Council regarding this matter due to a conflict of interest on same. Council concurred with the Mayor's letter to the County regarding the Martin General Plan amendment to include the recommendations of the South County Joint Planning Advisory Committee as outlined by Councilman Kloecker, specifically that the project be built to City specifications and regulations. The following informational items were noted with np separate discussion on same: Monthly Cash and Investments Report, October 31, 1990; County of Santa Clara - Planning Info, Issue #90-7A; Polystyrene Packaging Council, Inc. and News Release; Minutes of the Visitor's Bureau Advisory Committee Meeting of October 4, 1990; and The Bay Vision 2020 Commission's Meeting of November 26, 1990. The Report of the Personnel Commission Meeting of November 13, 1990 was noted. Motion was made by Councilman Gage seconded by Councilman Valdez and carried that the Salary Range of Administrative Secretary of C30.5 be approved and that the job description for Senior Police Records Technician be approved as presented. The Financial Accounting Report of the Gilroy 2000 Steering Committee from August 22, 1990 to November 28, 1990 was noted. City Administrator Baksa presented an update on the Water Conservation Program. Councilman Gage requested that the informational reports be computerized. Discussion was had regarding a proposed policy concerning Housing Assistance for Department Directors and City Administrators of the city. Mr. Miguel Paredes addressed the Council and opposed the City providing housing assistance to any City employee. Council requested additional information regarding thresholds and conditions and description of programs of other cities prior to action on a policy. Councilman Gage noted concern to further discuss assistance to local businesses that return revenue to the City and provide jobs for local residents requesting that same be agendized after the first of the year for Staff to meet with the Economic Development Committee for a recommendation on same to Council. Councilman Kloecker noted that additional information is forthcoming from the Congestion Management Agency. Councilman Hale requested the City Staff formulate criteria regarding non-profit organizations applying for Housing and Community Development funding for their projects for Council review. Councilman Gage requested Council support the Bridge Counseling Wine & Cheese Event on Friday, December 7, 1990. Councilman Mussallem inquired about a report of the conditions at the Golf Course. City Administrator Baksa noted that he had such a report and requested Councilman Mussallem contact him for said information. Adjrnmt. 5)149 The Mayor noted the following meetings: Reception for the new Police Chief, December 3, 1990, Gilroy Museum; City/school Liaison Committee Meeting, January 10, 1991, Gilroy School District; and Santa Clara County Cities Association General Membership Meeting, December 13, 1990, Sunnyvale Hilton Hotel. At 11:37 p.m. the Mayor adjourned the meeting to a Closed Session re: Discussion and consideration of land acquisition per Government Code section 54956.8. At 12:30 a.m., the Mayor reconvened the meeting and further adjourned. Respectfully submitted, AM~ (o~ City Clerk