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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~'~