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Minutes 1991/03/04 5978 Invocation Posting Agenda Roll Call Gilroy2000 Consent Calendar Minutes Lines of Succession Budget Res.91-11 Imprvrnts. Maint.Dist. No. 1 , . ~ Regular Meeting March 4, 1991 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag at 7:00 p.m. Kevin Wilson, Gilroy Bible Church, gave the Invocation. The City Clerk reported that the Agenda had been posted on February 28, 1991 at 4:17 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; Jack Pate, Chairman of the Gilroy 2000 Committee Task Force, gave an update on the Committee's recent action and explained their report and recommendations and requested Council approve the recommendations. The following Committee members addressed the Council requesting support for continuation of the project: Herb Peckham, Dee Wischmann, Edwin Diaz, Eleanor Villarreal and Mike Monroe and expressed appreciation for their appointment to the Committee and noted overwhelming citizen response to the survey. Motion was made by Councilman Valdez, seconded by Councilman Kloecker and carried to accept the Gilroy 2000 steering Committee's Report and set a Joint City Council/Committee Study Session for March 6, 1991, at 4:30 p.m. to 6:30 p.m., to discuss the recommendations and action plan. Motion was made by Councilman Gage seconded by Councilman Valdez 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; City Administrator Baksa explained the proposed Maintenance District 11. Approved the Minutes of the Regular Council Meeting of February 19, 1991; Approved Non-Emergency Lines of Succession as recommended; Approved Budget Amendments/Transfers as recommended; Adopted Resolution No. 91-11 of Intention to Amend the PERS Contract re: Section 21382.4 (Third Level of 1959 Survivor Benefits) for local fire members; RESOLUTION NO. 91 - 11 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF GILROY. PASSED AND ADOPTED this 4th day of March, 1991 by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON, VALDEZ and HUGHAN None None; NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Accepted Improvements of Frank Flautt, 5605 Mesa Road as recommended; Adopted the following Resolutions re: Maintenance District No.1: Surplus Equip. GPA 90-2 Pub.Hear. Garbage Rates 5979 RESOLUTION NO. 91 - 12 RESOLUTION OF INTENTION TO FORM MAINTENANCE DISTRICT NO. 1 AND TO OROER THAT THE ALTERNATIVE METHOD FOR THE LEVY OF BENEFIT ASSESSMENTS BE MADE APPLICABLE. PASSED AND ADOPTED this 4th day of March, 1991, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON, VALDEZ and HUGHAN. None None; RESOLUTION NO. 91 - 13 RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES - MAINTENANCE DISTRICT NO. 1- PASSED AND ADOPTED this 4th day of March, 1991, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON, VALDEZ and HUGHAN. None None; RESOLUTION NO. 91 - 14 RESOLUTION APPROVING AGREEMENT FOR ENGINEERING SERVICES - MAINTENANCE DISTRICT NO.1. PASSED AND ADOPTED this 4th day of March, 1991, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON, VALDEZ and HUGHAN. None None; and Authorized Sale of Surplus Equipment Resulting from computer Room Expansion as recommended. The Mayor noted continuation of Council action regarding the Public Hearing to consider a General Plan Amendment request from No Designation to Professional Office and inclusion within the 20- Year Planning Area, on property located on the northeast corner of Cohansey Avenue and No Name Uno, and along Cohansey Avenue between No Name Uno and Terri Court, on approximately 8.43 acres, Evelyn & Carlo pedron and Amy Castello, Applicants, GPA 90-2. (Public Hearing held February 19, 1991 with no Council decision at that time.) Councilman Kloecker noted that he was absent at the ~ebruary 19, 1991 Public Hearing but reviewed the video tape of the entire meeting including all of the testimony presented at the hearing. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried by the following Roll Call Vote to deny the General Plan Amendment request: Ayes: Councilmembers: Gage, Kloecker, Valdez and Hughan; Noes: Counci1members: Hale, Mussallem and Nelson. The Mayor stated that it was the time and place scheduled for the Public Hearing to consider revision and adjustments of charges for the collection of garbage, rubbish and refuse. The Staff Report was noted and further explained by City Administrator Baksa. South Valley Refuse & Disposal's Controller further explained the proposed rate increase. The Mayor asked if there was anyone in the audience wishing to speak for against the proposed increases. ~900 ~ 00 Res.91-15 License Ord.; Peddlers, etc.,Park- ing. Ord.91-4 Ord.91-5 Mr. Khanh Pham, addressed the Council inquiring about the rate increase and Resource Management Coordinator position. r Motion was made by Councilman Mussallem seconded by Councilman Gage that the reading of Resolution No. 91-15 be waived and that it be adopted approving the revised charges for the Collection of Garbage, Rubbish and Refuse as recommended. RESOLUTION NO. 91 - 15 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY FIXING MAXIMUM CHARGES FOR THE COLLECTION OF GARBAGE, RUBBISH AND REFUSE. PASSED AND ADOPTED this 4th day of March, 1991, 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 Mussallem seconded by Councilman Gage and carried to approve the amendment as recommended to the Franchise Agreement, dated March 19, 1984, Item VIII. Contractor further agrees that on or before the 10th day of each month, it will pay to City twelve and one half percent (12 1/2%) of all collections made by City during the previous month for said garbage collections made by Contractor. Motion was made by Councilman Mussallem seconded by Councilman Gage and carried that the position of Resource Management Coordinator be approved and that a budget amendment be authorized to allow for said position. Ordinances amending various City Code sections were presented for adoption. Motion was made by Councilman Gage seconded by Councilman Hale that the reading of Ordinance No. 91-4 Amending and Repealing Various Sections of Chapter 13 of the Gilroy City Code Pertaining to Business Licenses be waived and that it be adopted. ORDINANCE NO. 91 - 4 AN ORDINANCE OF THE CITY OF GILROY AMENDING AND REPEALING VARIOUS SECTIONS OF CHAPTER 13 OF THE GILROY CITY CODE PERTAINING TO BUSINESS LICENSES. PASSED AND ADOPTED this 4th day of March, 1991, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, VALDEZ and HUGHAN. COUNCILMEMBER: NELSON COUNCILMEMBERS: None; Motion was made by Councilman Gage seconded by Councilman Hale that the reading of Ordinance No. 91-5 Amending and Repealing Various Sections of Chapter 16A of the Gilroy City Code Pertaining to Peddlers, Solicitors, Hawkers, Itinerant Merchants and Vendors be waived and that it be adopted. ORDINANCE NO. 91 - 5 AN OROINANCE OF THE CITY OF GILROY AMENDING CHAPTER 16A OF THE GILROY CITY CODE PERTAINING TO PEDDLERS, SOLICITORS, HAWKERS, ITINERANT MERCHANTS AND VENDORS. PASSED AND ADOPTED this 4th day of March, 1991 by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, VALDEZ and HUGHAN. COUNCILMEMBER: NELSON COUNCILMEMBERS: None; NOES: ABSENT: Ord.91-6 SCCCA By-laws Wheeler Manor Theatre Angels HazWaste Plan Congestion MgnmntPlan FalconCable ~ (i () ,,1 -';101 Motion was made by Councilman Gage seconded by Councilman Hale that the reading of Ordinance No. 91-6 Amending Sections 15.61 through 15.64 inclusive of the Gilroy City Code Pertaining to Parking to Conform to Chapter 16A be waived and that it be adopted. ORDINANCE NO. 91 - 6 AN ORDINANCE OF THE CITY OF GILROY AMENDING OR REPEALING SECTIONS 15.61 THROUGH 15.64 INCLUSIVE, PARKING REGULATIONS, SO AS TO CONFORM TO CHAPTER 16A OF THE GILROY CITY CODE. PASSED AND ADOPTED this 4th day of March, 1991 by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, VALDEZ and HUGHAN. NELSON. None. NOES: ABSENT: COUNCILMEMBER: COUNCILMEMBERS: The City Attorney was asked to review and research licensing regulations for Non-Profit Charitable Organizations' solicitation. The Santa Clara County Cities Association By-Laws were noted. Motion was made by Councilman Hale seconded by Councilman Valdez and carried that the Santa Clara County Cities Association By-Laws be ratified as presented and recommended. A recommendation on a Loan Schedule for Wheeler Manor Application was noted and further explained by City Administrator Baksa. (At 8:28 p.m. Councilman Mussallem left the Council Chambers and returned at 8:30 p.m.) The Staff Report for the Wheeler Manor Application was noted and further explained by HCD Grant Coordinator Rojas. Ms. Marie Juncker, Executive Vice President of South County Housing addressed the Council and further explained the loan application of Wheeler Manor project. Motion was made by Councilman Hale seconded by Councilman Gage and carried that Alternate #1 Loan Schedule be approved for the Wheeler Manor application as presented. The Mayor asked if there was anyone in the audience wishing to speak on any matter not on the agenda. Mr. Edward utility billing. appointment with Jackson, addressed the Council in regard to his It was noted that Mr. Jackson should make an the City Administrator to resolve the matter. A letter from the Theatre Angels' Art League for their "Walk for Art" and support on same was noted. A letter from Supervisor Ron Gonzales was noted requesting a City Representative to attend the Tanner Advisory Committee Meeting on February 28, 1991 re: Hazardous Waste Management Plan Revisions. At this date the meeting had past and no action was taken. Councilman Kloecker requested that action be tabled on the Congestion Management Agency Revised Draft of the Joint Powers Agreement be tabled to March 18, 1991. A letter from Sue Larson requesting action regarding Falcon Cable TV was noted. Council agreed that the City write the FCC regarding a Hearing on Cable TV in Washington, D.C. requesting cities have more regulatory powers in Cable TV Services. t:;90f) lJ 0 "- FarmLabor Exchange Gilroy Chamber P.&R. Com. 12-18 & 1-15-91 Gilroy2000 Noted request of Farm Labor Exchange, 935 Souths ide Drive for City Water Line Extension and Service Hook-up further explained by City Administrator Baksa. The Mayor asked if there was anyone in the audience wishing to speak on this matter. There was no comment from anyone in the audience. Motion was made by Councilman Hale seconded by Councilman Kloecker and carried that the Farm Labor Exchange be granted a City Water Line Extension and Service Hook-up as recommended. Mr. Dave Bouchard, Executive Vice-President of the Gilroy Chamber of Commerce addressed the Council regarding formation of an Adopt-A-School Program further explained by David Carpenter. He also distributed copies of their 1991 Business Directory publication and Visitor's Guide. (At 8:58 p.m. the Mayor declared a Recess and reconvened the meeting at 9:03 p.m.) The following informational items were noted with no separate discussion on same except as noted: Proclamation Issued by Mayor Hughan: The Week of the Young Child - April 7-13, 1991; Gilroy Chamber of Commerce re: City'S New Programs: Proclamation Issued by Mayor Protempore: No Way Week _ March 3-9, 1991. Councilman Gage noted the No-Way Dance scheduled for March 9, 1991 at the High School at 6:00 p.m. and invited Councilmembers to attend this worthy cause; Carol F. Bennett in appreciation; City's Request for Time Extension for the Gilroy Old City Hall Earthquake Repair Project; Gavilan College in appreciation re: Gavilan Garlic Tournament; Monthly Cash and Investments Report, January 31, 1991; and Bay Vision 2020; City of Milpitas' response. Noted the Minutes of the Parks and Recreation Commission Meetings of December 18, 1990 and January 15, 1991; Noted the Minutes of the Senior Advisory Board Meetings of December 17, 1990 and January 22, 1991; Noted the Minutes of the Library and Culture Commission Meetings of January 8, 1991 and February 12, 1991; Noted the Minutes of the Gilroy Golf Course Advisory Board Meeting of January 15, 1991. Noted the Minutes of the Gilroy 2000 Steering Committee Meetings of February 20th and 27, 1991. Noted the Financial Update for the Gilroy 2000 Steering Committee. City Administrator Baksa gave an update on the Water Conservation Program, noting the Study Session on the Program on March 11, 1991 at 7:00 p.m. in the Council Chambers would be televised. Councilwoman Nelson volunteered to be a Judge in the Contest to "Name the Newsletter". Adjrnmt. ,." "'''''',"""",.,. ,.,..."''''",.''3...-'''."~.''"",."''C.~,.,.+",>"-"'''.";,,,,,,,~.,,,,, ....."'.,,;"'..'O.~.. .. ,. () 7 J )J O~) City Administrator Baksa distributed an ICMA publication to Counci1members noting that a video tape is also available on the subject if any Councilmember wishes to view same. Councilman Gage reported on a Meeting with Supervisor Honda and the County of Santa Clara on the septage issue and noted that he would update the Council in regard to the Santa Clara Valley Water District including statements in their by-laws of satellite plants and water usage. Councilman Mussallem suggested that Council meet with Staff and Developers in the preliminary designing of satellite plants. City Administrator Baksa recommended that Council not get involved in Staff functions. He noted that he would provide Council with an action plan and time schedule when available. Councilman Kloecker gave an update on the Recycling Program noting that cardboard and yard waste recycling is proposed to begin in 4-6 weeks. Councilman Kloecker gave an update on Cal Train noting that it is proposed to begin schedule in May 1991 or later. A Report on Sludge Removal from Lagoon 2 was noted. The Mayor introduced visiting relatives from England who were present in the audience. The Mayor noted the following scheduled meetings: Council Study Session, March 5, 1991 - 7:30 p.m., in the Council Chambers, re: Discussion on Public Information Survey with SRI; Council Study Session, March 11, 1991 - 7:00 p.m., in the Council Chambers re: Water Conservation Program; City Barbecue, August 17, 1991 - Christmas Hill Park. The Mayor requested that when possible, Councilmembers notify the City Staff if they will not be able to attend a Council Study Session. At 9:34 p.m. the Mayor adjourned the meeting. Respectfully submitted, 4~?~