Minutes 1991/03/18
Invocation
Posting
Agenda
Roll Call
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Regular Meeting
March 18, 1991
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag at 7:00
p.m.
Pastor Lee Neisch, Methodist Church, gave the Invocation.
The City Clerk reported that the Agenda had been posted on
March 14, 1991 at 10:45 a.m.
Present: Councilmembers: Donald F. Gage, Leonard A. Hale,
Paul V. Kloecker, Larry Mussallem, Sara C. Nelson, Pete Valdez,
Jr. and Roberta H. Hughan;
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Consent
Calendar
Minutes
Budget
Claim
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Pub. Hears.
GPA 90-11
& Z90-08
The Mayor introduced New Employee: Manuel Hernandez, Jr.,
Maintenance I, Public Works Department.
The Mayor presented the Employee Award for the Month of
February, 1991 to Jose Muniz, Maintenance I - Public Works
Department.
Jack Pate, Chairman of the Gilroy 2000 Committee Task
Force, gave an update and requested Council approve their report
and accept their recommendations.
Edwin Diaz, Jr., Committee member, addressed the Council
and explained the School Board providing assistance to the
proposed Task Force Sub-Committees.
Mac Bradshaw, School Board Director, addressed the Council
and further explained the School Board's endorsement of the Task
Force and noted their proposed efforts to work on the Gilroy Sub-
Committees and volunteer of their Staff time, etc.
Motion was made by Councilman Valdez, seconded by
Councilman Kloecker and carried to accept the Gilroy 2000
Steering Committee's Report, the funding level recommended, the
five (5) recommended categories and the Contract with David Jones
to train the members of the Sub-Committee Task Forces.
Councilmembers: Mussallem and Nelson voted "no" on the motion.
The Mayor thanked the Gilroy 2000 Steering Committee.
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:: Ayes: Councilmembers:
Gage, Hale, Kloecker, Mussallem, Nelson, Valdez and Hughan;
Approved the Minutes of the Regular Council Meeting of
March 4, 1991;
Approved Budget Amendments/Transfers as recommended;
Denied Claim of Kathleen and Robert Brautigam as
recommended; and;
Authorized Sale of Surplus Equipment as recommended.
The Mayor stated that it was the time and place scheduled
for Public Hearings to Consider a General Plan Amendment from
Open Space Designation to Medium Density Residential for Property
located north of Uvas-Carnadero Creek at the Thomas Road Bridge,
west of San Antonio Court, south of Royal Way and south and east
of Gilroy High School, containing 10 acres, Coast Range
Deve~opment and City of Gilroy, applicants, GPA 90-11 and
to consider a Rezoning from Open Space, Two Family
Residential and Medium Density Residential-PUD Districts to R3-
PUD on 3.5 acres and R3 to OS on 6.5 acres for property located
north of Thomas Road Bridge, west of San Antonio Court,
containing 10 acres, Coast Range Development Company and the City
of Gilroy, Applicants, Z 90-08.
Senior Planner Myer addressed the Council further
explaining the Staff Reports. The Initial Study and Preliminary
Negative Declaration were noted.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposals.
Gary Filice, representing Coast Range Development Company,
addressed the Council on behalf of Val and Ernie Filice, property
owners, present to answer questions regarding the General Plan
Amendment and Rezoning Applications.
The Mayor asked if there was anyone further in the audience
wishing to speak. There was no comment from anyone in the
audience. The Mayor closed the Public Hearing.
Res.91-16
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Rezoning
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Res.91-17
CDBG Funds
Res.I91-18
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Motion was made by Councilman Mussallem seconded by
Councilwoman Nelson that the reading of Resolution No. 91-16 be
waived and that it be adopted approving the General Plan
Amendment as recommended.
RESOLUTION NO. 91 - 16
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING AN
AMENDMENT TO THE GENERAL PLAN FOR THE CITY OF GILROY.
PASSED AND ADOPTED this 18th day of March, 1991, by the following
vote:
AYES:
COUNCILMEMBERS:
GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ and HUGHAN.
None
None
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
Motion was made by Councilman Mussallem seconded by
Councilwoman Nelson and carried that the reading of the proposed
ordinance rezoning the property be waived and that it be
introduced and published by title and summary.
The City Attorney presented and explained a proposed
resolution correcting errors and omissions on Resolution No. 91-
15 adopted March 4, 1991 regarding Garbage Rate Charges.
Motion was made by Councilman Kloecker seconded by
Councilman Gage that the reading of Resolution No. 91-17 be
waived and that it be adopted.
RESOLUTION NO. 91-17
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AMENDING
RESOLUTION NO. 91-15 FIXING MAXIMUM CHARGES FOR THE COLLECTION OF
GARBAGE, RUBBISH AND REFUSE.
PASSED AND ADOPTED this 18th day of March, 1991, by the following
vote:
AYES:
COUNCILMEMBERS:
GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ and HUGHAN.
None
None
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
Discussion was had on a recommendation to distribute
additional CDBG Allocation for the 17th Program Year, 1991-1992.
Motion was made by Councilman Kloecker seconded by Councilman
Gage by the following Roll Call Vote to distribute the
recommended funds as follows: $9,000.00 to Project Sentinel and
$1,312.00 to The Food Bank for their Relocation Project: Ayes:
Councilmembers: Gage, Kloecker, Valdez and Hughan; Noes:
Councilmembers: Hale, Mussallem and Nelson.
Discussion was had regarding Building Code violations;
noted by HCD Grant Coordinator Rojas that the enforcement officer
is pursuing same.
City Administrator Baksa presented a resolution providing
for the advancement of funds for Gilroy/Morgan Hill Wastewater
Treatment Plant Expansion - Phase I.
Motion was made by Councilman Kloecker seconded by
Councilman Valdez that the reading of Resolution No. 91-18 be
waived and that it be adopted.
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RESOLUTION NO. 91 - 18
RESOLUTION PROVIDING FOR THE ADVANCEMENT OF FUNDS IN CONNECTION
WITH THE PROPOSED SANITARY SEWER PROJECT OF THE CITY OF GILROY IN
ANTICIPATION OF THE REIMBURSEMENT THEREOF FROM THE PROCEEDS OF
PROCEEDINGS TO BE UNDERTAKEN BY SAID CITY FOR THE FINANCING
THEREOF.
PASSED AND ADOPTED this 18th day of March, 1991, by the following
vote:
AYES:
COUNCILMEMBERS:
GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ and HUGHAN.
None
None
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
The Mayor asked if there was anyone in the audience wishing
to speak on any matter not on the agenda. There was no comment
from anyone in the audience.
Councilman Kloecker requested that action on the Congestion
Management Agency Joint Powers Agreement be tabled to the April
1, 1991 regular Council Meeting.
Ms. Kathy Colkitt, President of the Gilroy Kiwanis Club,
addressed the Council requesting approval to sponsor a Circus on
First Street.
Motion was made by Councilman Gage seconded by Councilman
Kloecker and carried that an exception to Council moratorium
banning circus events on First Street from Monterey Street to
Santa Teresa Boulevard be made and that the Kiwanis Club of
Gilroy be granted permission to sponsor a Circus for this one
time only event.
The following informational items were noted with no
discussion on same:
City of Los Altos and City of Campbell re: Bay Vision 2020
Draft Report; and Bay Vision 2020 Project Manager in appreciation
of the City's comments;
Proclamations Issued by Mayor Hughan: Small Business
Development Days - May 21st and 22, 1991; Clean Air Week - May 6,
1991 and Don't Drive Along Day - May 9, 1991; and Gilroy
Community Development Week - April 1-7, 1991;
Kathy Colkitt in appreciation;
John A. Berri Post 6309 Requesting Financial Assistance;
James V. Simoni re: Recycling Pick-up for Commercial
Buildings;
Homebound Senior Program in appreciation; and
Catholic Charities shared Housing Project in appreciation.
Noted the Report of the Planning Commission Meeting of
March 7, 1991. Discussed cancellation of the April 4, 1991
meeting. Motion was made by Councilwoman Nelson and died for
lack of a second to require the Planning Commission to conduct a
meeting as prescribed by the City Charter whether there are
agenda items or not.
The Minutes of the Gilroy 2000 Steering Committee Meeting
of March 6, 1991 were noted.
The Staff Impact-Gilroy 2000 and Council Priorities, March
1990 report was noted.
The Minutes of the Joint Powers Sewer Advisory Committee
Meeting of February 25, 1991 were noted.
Housing
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The Minutes of the Housing Task Force Committee Meeting of
March 8, 1991 were noted.
City Administrator Baksa gave an update on the Water
Conservation Program.
Motion was made by Councilman Mussallem seconded by
Councilman Gage and carried that the Interior Water Reclamation
and Conservation ideas and guidelines on grey water usage during
drought conditions be accepted as presented.
Council agreed to table action to the April 1, 1991 regular
meeting on the bond provision requirement for new development to
provide landscaping when the drought is lifted.
Motion was made by Councilman Hale seconded by Councilwoman
Nelson and carried by the following vote to relocate the
scheduled Study Session of March 19, 1991 with Santa Clara Valley
Water District representatives to the Council Chambers in order
to televise said meeting: Ayes: Councilmembers: Gage, Hale,
Kloecker, Mussallem and Nelson; Noes: Councilmembers: Valdez and
Hughan.
City Administrator Baksa noted that the first Planning
Commission meeting scheduled to be televised on Channel 34 is May
2, 1991.
The Mayor appointed Councilmembers: Gage, Kloecker and Hale
on a Council Committee re: City Attorney Recruitment.
The City Attorney reported on local bidding preference
noting that all public works' contracts must be advertised as
open bid projects. He further noted that personal property and
equipment has no requirement on the public bid procedure and to
give preference to local bidders the advertisement must indicate
a fixed percentage amount if preference to local Gilroy
businesses is desired.
Council requested Staff prepare a policy for providing
preference to local bidders for Council review and consideration.
Councilman Kloecker gave a report on a recent ABAG General
Assembly Meeting that he attended in San Francisco.
Council discussed auto dealers concurrence with local
bidders receiving a percentage preference in the bidding process
and proposal to maintain the median strip in front of their
businesses. City Administrator Baksa noted that a Work Shop is
proposed with the local businesses on South Monterey Street
regarding an update on the median strip and property owners in-
put on same.
Councilman Gage noted the citizens' concerns and prompt
action by the City on removal of debris from Miller Slough.
The following meetings were noted:
Joint City Council/Santa Clara Valley Water District Study
Session, March 19, 19891 - 7:00 p.m. re: Water Conservation, City
Council Chambers.
Special City Council Meeting, March 26, 1991 - 7:00 p.m.
re: Hearing to Consider Revocation of a Dance Hall Permit and
Appeal of the Denied Renewal Application of a Regulatory Bar
Permit, Council Chambers.
Cancellation of the April 4, 1991 Gilroy Planning
Commission Meeting (subsequently reinstated and meeting will be
conducted.)
Gilroy Planning Commission Annual Retreat, May 4, 1991 _
8:00 a.m. - 5:00 p.m., Country Rose Inn, Gilroy.
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Adjrnmt.
Annual City Council/commission/Employee Barbecue, August
17, 1991 - 4:30 p.m. - 11:00 p.m., Christmas Hill Park.
At 9:07 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
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City Clerk