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.
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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~?~