Minutes 1991/01/22
I
1
c 9' 67
~ '"
~~"'- .._;
~-'.'''' ,""-."'--.."'~'<"-'~""
Approved the Minutes of the Regular Council Meeting of
January 7, 1991;
Motion was made by Councilman Valdez seconded by Councilman
Gage that the following items under the Consent Calendar be
approved by the following Roll Call Vote, amending the Minutes of
the Adjourned Special Council Meeting of January 14, 1991 noting
Councilman Mussallem absent: Ayes: Councilmembers: Gage, Hale,
Kloecker, Mussallem, Nelson, Valdez and Hughan;
The Mayor presented the Employee Award for the Month of
December, 1990 to Carmen Carpenter, Emergency Communications
Center.
The Mayor presented Certificates of Service to the
following Retired Commissioners: Everett M. Burchell, Library &
Culture Commission; Sherrie Kennedy, Parks & Recreation
Commission; and John C. Bellis, Personnel Commission.
Noted the Minutes of the Committee's Meetings of January
9th and 16, 1991.
Jack Pate, Chairman of the Gilroy 2000 Committee Task Force
gave an update of the Committee's progress.
The Mayor introduced the following new employees: Patricia
Huth, Purchasing Agent & Property Manager; Melissa Durkin,
Planner I; Mark Fachin, Associate Civil Engineer; and Arlene
Jeske, Account Clerk I.
The Mayor noted that this Council Meeting is being
televised on Channel 34 for the first time and welcomed the
audience and viewing public.
Present: Councilmembers: Donald F. Gage, Leonard A. Hale,
Paul V. Kloecker, Larry Mussallem, Sara C. Nelson, Pete Valdez,
Jr. and Roberta H. Hughan;
The City Clerk reported that the Agenda had been posted on
January 18, 1991 at 1:00 p.m.
Frank McMurry, Seventh Day Adventist Church, gave the
Invocation.
p.m.
The Mayor led the Pledge of Allegiance to the Flag at 7:01
Regular Meeting
January 22, 1991
Gilroy, California
Minutes
Consent
Calendar
Emp.Award
Cert.Ser.
Gilroy2000
Intro.New
Emp.
Roll Call
Posting
Agenda
Invocation
5964
Res.91-3
Claim
Budget
Minutes
Imprvrnts.
Res.91-4
Bids re:
Striping
Machine
Bids re:
Tree
Pruning
Bids re:
CityHal1
Remodeling
Adopted Resolution No. 91-3 Revising Park & Development
Fees for warehousing/storage, previously approved December 3,
1990;
RESOLUTION NO. 91 - 3
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY REVISING THE PARK
DEVELOPMENT FEE FOR WAREHOUSE/STORAGE.
PASSED AND ADOPTED this 22nd day of January 1991, by the
following vote:
AYES: COUNCILMEMBERS:
/'
NOES:
ABSENT:
GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ and HUGHAN.
None
None;
COUNCILMEMBERS:
COUNCILMEMBERS:
Denied Claim of Thomas Gutierrez as recommended;
Approved Budget Amendments/Transfers as recommended;
Approved the Minutes of the Adjourned Special Council
Meeting of January 14, 1991 as amended;
Accepted Improvements for Rolf Bruckner,' Albert Gomes and
Dennis Barroza as recommended; and
Adopted Resolution No. 91-4 Authorizing Officers Who May
Conduct Financial Transactions on Behalf of the City;
RESOLUTION NO. 91-4
RESOLUTION OF THE COUNCIL OF THE
RESOLUTION NO. 88-74 AUTHORIZING
FINANCIAL TRANSACTIONS ON BEHALF
PASSED AND ADOPTED this 22nd day
following vote:
AYES: COUNCILMEMBERS:
CITY OF GILROY AMENDING
OFFICERS WHO MAY CONDUCT
OF THE CITY OF GILROY.
of January, 1991 by the
NOES:
ABSENT:
GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ and HUGHAN.
None
None.
COUNCILMEMBERS:
COUNCILMEMBERS:
City Administrator Baksa presented a report and
recommendation on bids received for an Airless Striping Machine
for the Streets Division recommending awarding same to Interstate
Traffic Control in the amount of $5,798.57.
Motion was made by Councilman Hale seconded by Councilman
Gage and carried that the bid of Interstate Traffic Control be
awarded in the amount of $5,798.57 for the Airless Striping
Machine as recommended.
City Administrator presented a report and recommendation on
the bid received for Tree Pruning for the Parks Division
recommending awarding same to Davey Tree Surgery Company in the
amount of $6,440.00.
Motion was made by Councilman Gage seconded by Councilman
Kloecker and carried that the bid of Davey Tree Surgery Company
in the amount of $6,440.00 be awarded for Tree Pruning for the
Parks Division as recommended.
City Administrator Baksa presented a report and
recommendation to add-on to Phase I - City Hall Remodeling
Project in the amount of $64,884.00 for additional carpet
purchase.
Motion was made by Councilman Kloecker seconded by
Councilman Valdez and carried that additional carpeting be added
on to Phase I - City Hall Remodeling Project in the amount of
$64,884.00 as recommended.
Bond
Undrwters.
Little
League
Chp.13 &
16A-City
Code
~U\6r-
J/ ~)
City Administrator Baksa presented a report and
recommendation on Bond Underwriters for Country Estates - Phase I
Assessment District further explained by Finance Director Shaw
recommending the selection of Mark Pressman Associates as the
Bond Underwriters for said Assessment District.
Motion was made by Councilman Gage seconded by Councilman
Kloecker and carried that Mark Pressman Associates be selected as
the Bond Underwriters for Country Estates - Phase I Assessment
District as recommended.
The Mayor tabled the Public Hearing to Consider the
Resolution of Intention and the Engineer's Report for Country
Estates - Phase I Assessment District to after 8:00 p.m., time
scheduled for said hearing.
The Mayor deviated from the regular order of the agenda in
order to hear from interested persons in the audience.
A letter from the Gilroy Little League was noted regarding
a new Ball Park.
Mr. Gordon Kusayanagi, 710 Lexington Place, addressed the
Council on behalf of the Gilroy Little League requesting the City
consider leasing six acres of the recently purchased property
adjacent to Christmas Hill Park to the Gilroy Little League for a
permanent Little League complex.
Mr. Dennis Castro, Chairman of the Ball Park Building
Committee further explained the Gilroy Little League's request.
It was noted by Staff that the City is in the process of
preparing a Master Plan for the property and that it will be 8-9
months before same is completed. It was also noted that a
Citizens' Committee is proposed to work with the architect on the
Master Plan and that the Gilroy Little League could be
represented on the Task Force Committee.
Discussion was had regarding the Wren Avenue, Las Animas
Avenue, and Christmas Hill Ball Parks for possible interim sites
for use by the Gilroy Little League. The matter was referred to
Staff to work with the Gilroy Little League to determine an
interim solution and Council requested that the matter be
reagendized for Council action if necessary.
The Mayor continued with the regular order of the Agenda.
City Administrator Baksa presented and discussed Draft
Revisions to the Gilroy City Code Chapter 13 - Business Licenses
and Chapter 16A - Peddlers, Vendors and other Transient
Businesses further clarified by the City Attorney.
Council requested additional verbage to provide a nuisance
clause for sidewalk locations in the event there would not be a
sidewalk width to accommodate a vendor and foot traffic.
Ms. Janet Farro, Hot Dog Vendor, addressed the Council
noting that she has no problem with the required sidewalk width
for the location she uses on Monterey Street and discussed the
permit process.
Mr. Herb Grays, addressed the Council requesting
clarification of the proposed revisions and amendments.
Ms. Sharon Enos, addressed the Council inquiring about the
liability insurance required by the City.
Ms. Kathy Colkitt, addressed the Council inquiring about
the liability insurance required of a person having a fixed place
of business in the City and satellite locations. It was noted
that one policy would be required if there was one common
ownership.
;(\6?.
::: 'j,;
Pub.Hear.
CountryEst.
Assmt.Dist.
Res.91-5
Res.91-5
IGC re:
Co. Waste
Program
Chp.16.31
City Code
Sexual
Harassment
Policy
CDBG Funds
Council requested that both ordinances be continued to the
February 4, 1991 regular meeting for introduction with the
changes requested by Council.
The Mayor stated that it was the time and place scheduled
for a Public Hearing to Consider the Resolution of Intention and
the Engineer's Report for Country Estates - Phase I Assessment
District.
The Staff report was noted and further explained by
Director of Public Works Allen.
At 8:58 p.m. the Mayor declared a recess and reconvened the
meeting and Public Hearing at 9:05 p.m.
Mr. Philip D. Assaf, Bond Attorney, addressed the Council
regarding the project.
The City Clerk noted that all notices had been published,
posted and mailed as required and that no protests had been
received.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposed assessment. 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. 91-5 be waived and
that it be adopted Approving the Report and Assessment and
Ordering Improvement for Country Estates - Phase I Assessment
District.
RESOLUTION NO. 91 - 5
RESOLUTION APPROVING REPORT AND ASSESSMENT AND OROERING
IMPROVEMENT - COUNTRY ESTATES - PHASE I ASSESSMENT DISTRICT.
PASSED AND ADOPTED this 22nd day of January, 1991 by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ and HUGHAN.
None
None
COUNCILMEMBERS:
COUNCILMEMBERS:
A request of the Intergovernmental Council was noted for
support for the Countywide Household Hazardous Waste Program
further explained by City Administrator Baksa.
Motion was made by Councilman Mussallem seconded by
Councilwoman Nelson and carried that the City has a successful
program and wish to continue with same, but will participate in
the County program as much as possible.
Discussion was had on a draft revision to the Gilroy City
Code Chapter 16.31 re: Loud Noise During Curfew. Motion was made
by Councilman Mussallem seconded by Councilman Gage and carried
that the proposed ordinance be introduced and published by title
and summary.
City Administrator Baksa presented and explained a
recommendation to rescind an existing policy on Sexual Harassment
and adopt a new policy, dated January 16, 1991.
Motion was made by Councilman Gage seconded by Councilman
Hale and carried that the existing Sexual Harassment policy be
rescinded and that the new policy dated January 16, 1991 be
adopted as presented.
City Administrator Baksa presented a CDBG Allocation
Formula and Criteria, further explained by HCD Grant Coordinator
Rojas.
Peace Res.
League
Goldsmith
Seeds
Handicapped
BldgAppeals
Bd.
PersCom.
1-14-91
~U67
"-"x 7 ;
Discussion was had by Council. Councilmembers Hale and
Valdez will work with the HCD Grant Coordinator for additional
suggestions.
The Mayor asked if there was anyone in the audience wishing
to speak on any item not on the agenda. There was no comment
from anyone in the audience.
The Sun Campaign re: Persian Gulf Crisis was noted
requesting a Peace Resolution.
The League of California Cities letter re: Ratification of
Dues Increase by Regional Divisions was noted.
A request of Goldsmith Seeds, Inc. was noted requesting
City Water Service further explained by City Administrator Baksa.
Motion was made by Councilman Hale seconded by Councilman
Kloecker and carried that Goldsmith Seeds, Inc. be authorized
temporary and permanent water service for domestic and greenhouse
use only as recommended.
The following informational items were noted with no
separate discussion except as noted:
P. G. & E. re: Available Conservation and Customer
Assistance Programs; Councilman Valdez inquired about the
frequency of collections at the sub-stations and thanked John
parrinello for the new collection sub-stations.
Mr. John Parrinello, P. G. & E. Area Manager, addressed the
Council and noted that the payments are collected once a week;
Monthly Cash and Investment Report, November 30, 1990;
James V. stout, Jr., Secretary, Charitable Donations
Committee re: Senior Brown Bag Program;
County of Santa Clara Finance Department re: Booking Fee
Invoice - July 1, 1990 to December 31, 1990;
Ramon P. Saizar re: "Christmas Stocking" $10.00 donation
deposited in the Uvas Park Preserve Fund;
Proclamations Issued by Mayor Hughan: Vietnamese Community
Week - February 2, 1991 to February 16, 1991 and American
Association of University Women's Day - February 2, 1991;
Ankara, Turkey re: Garlic Festival;
Bay Area Council Release; Bay Area Poll, dated January
1991;
Progress Report on Discussion with FEMA on the Old City
Hall Repairs;
County Transportation Commission re: Government Officials'
Workshop on a Rail Master Plan for Santa Clara County; and
Assemblyman Areias re: Town Hall Public Informational
Meeting re: Highway 152.
The Minutes of the Handicapped Building Appeals Board
Hearing of January 4, 1991 were noted.
The Report of the Personnel Commission Meeting of January
14, 1991 was noted.
Motion was made by Councilman Valdez seconded by Councilman
Gage and carried that the Eligibility List for Lube Person be
abolished as recommended.
5968
Adjrnmt.
City Administrator Baksa had no update on the Water
Conservation Program.
Council agreed to reschedule the Council Study Session of
January 29, 1991 re: Capital Improvement Budget to February 5,
1991 and set January 29, 1991 at 7:00 p.m. as the Study Session
re: Bay Vision 2020.
Council set February 11, 1991 at 7:00 p.m. for a Council
Study Session re: Draft Circulation/Air Quality Elements to the
General Plan.
City Administrator Baksa noted Supervisory Training for
sixty employees to begin January 23, 1991.
City Administrator Baksa noted that the City Hall
Remodeling Project, Phase I was near completion with a tour of
same by Council scheduled for sometime in February.
City Administrator Baksa distributed the Fourth Quarterly
Reports to Council.
Councilman Kloecker noted the Cal Train Interim Service
would not begin until March or April.
Councilman Kloecker noted that the Recycling Program has
conserved approximately 14 days of land fill.
Councilman Valdez gave an update on Falcon Cable
programming. City Administrator Baksa noted the Staff Meeting
with Morgan Hill and Hollister officials. Councilman Valdez
noted this matter will be pursued.
Councilman Mussallem noted that the Council Committee
regarding Operation Budget Freedom should review new proposed
legislation of Senator Mello and reschedule a meeting. City
Administrator Baksa noted the League of California Cities
position re: In Lieu Tax to be agendized on the next Council
Agenda of February 4, 1991.
Councilman Kloecker suggested that Supervisor Honda be
invited to a Council Study Session with his Aide for introduction
purposes.
The following meetings were noted:
Gilroy City Council Study Session (Workshop) re: "Gangs",
January 28, 1991 - 7:00 p.m. in the Council Chambers, City Hall,
Gilroy.
Joint Gilroy City Council/Planning Commission Study Session
re: Capital Improvement Budget/General Fund Revenue Projections,
rescheduled for February 5, 1991 - 7:00 p.m., Council Chambers,
City Hall, Gilroy.
At 10:15 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
67~'~