Minutes 1991/05/06
Regular Meeting
May 6, 1991
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag at 7:03
p.m.
Invocation
Dr. Hoggan, Bishop of the Church of Jesus Christ of Latter
Day Saints gave the Invocation.
Posting
.Agenda
The City Clerk reported that the Agenda had been posted on
May 2, 1991 at 1:16 p.m.
Roll Call
Present: Councilmernbers: Donald F. Gage, Leonard A. Hale,
Paul V. Kloecker, Larry Mussallem, Sara C. Nelson, Pete Valdez,
Jr. and Roberta H. Hughan;
Intro.New
Employees
The Mayor introduced New Employee: Loida M. Osteo, Chemical
Control Specialist, noting Mary Taryn Hathaway, Police Officer
not present for introduction.
f,fl(~~.~
Consent
Calendar
Minutes
Budget
Res.91-25
Claim:
K.Aitken
Ord.91-25
Ord.91-10
Minutes
Dev.Agrees.
Cal ID Sys
Imprvrnts.
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: Councilmernbers:
Gage, Hale, Kloecker, Mussallem, Nelson, Valdez and Hughan;
Minutes of the Regular Council Meeting of April 15, 1991;
Approved Budget Amendments/Transfers as recommended;
Adopted Resolution No. 91-25 Authorizing the City to Access
State and Local Summary Criminal History Information for
Employment, etc. Purposes;
RESOLUTION NO. 91 - 25
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AUTHORIZING CITY
TO ACCESS STATE AND LOCAL SUMMARY CRIMINAL HISTORY INFORMATION
FOR EMPLOYMENT, ETC. PURPOSES.
PASSED AND ADOPTED this 6th day of May, 1991, by the following
vote:
AYES:
COUNCILMEMBERS:
GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ and HUGHAN.
None
None;
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILl1EMBERS:
Denied Claim of Karen Aitken as recommended;
Adopted Ordinance No. 91-9 Repealing Section 6.5 of the
Gilroy City Code Making Violations of Article I, Chapter 6
Infractions;
ORDINANCE NO. 91 - 9
ORDINANCE OF THE COUNCIL OF
6.5 OF THE GILROY CITY CODE
CHAPTER 6 INFRACTIONS.
PASSED AND ADOPTED this 6th
vote:
AYES:
THE CITY OF GILROY REPEALING SECTION
MAKING VIOLATIONS OF ARTICLE I,
day of May, 1991, by the following
COUNCILMEMBERS:
GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ and HUGHAN.
None
None
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
Adopted Ordinance No. 91-10 Amending the Sewer Use
Ordinance to Conform to the Federal Regulations Code;
OROINANCE NO. 91 - 10
OROINANCE OF THE COUNCIL OF THE CITY OF GILROY AMENDING THE SEWER
USE OROINANCE TO CONFORM TO THE FEDERAL REGULATIONS CODE.
PASSED AND ADOPTED this 6th day of May, 1991, by the following
vote:
AYES:
COUNCILMEMBERS:
GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ and HUGHAN.
None
None
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
Minutes of the Special Council Meeting of April 22, 1991;
Minutes of the Special Council Meeting of April 29, 1991;
Approved Development Agreements for Omar Hindieyeh,
Swanston Lane and B. P. Oil Co., Leavesley Road;
Approved the Third Amendment to Agreement to Provide Local
Law Enforcement Agency Access to the California Identification
System;
Accepted the following Improvements: Country Estates, #87-
26; Speedee Lube, it90-44; Rocha Dry Wall, #90-01; Kaiser
Permanente, #90-52; Wells Fargo Bank, #89-23; and Odd Fellow
Rebekah, #90-31;
Sur.Equip.
SRRE & HHWE
Wet Well
Imp.Proj.
Bids re:
Vehicles
c <~
Authorized Sale of Policy Academy Vehicles Surplus
Equipment as recommended.
City Administrator Baksa presented and explained a
recommendation to approve Resource Management Associates proposal
in the amount of $19,980.00 for the Preparation of a Source
Reduction & Recycling Element (SRRE) and a Household Hazardous
Waste Element (HHWE).
Motion was made by Councilman Valdez seconded by Councilman
Kloecker and carried that the proposal of Resource Management
Associates in the amount of $19,980.00 for the Preparation of a
Source Reduction & Recycling Element (SRRE) and a Household
Hazardous Waste Element (HHWE) be approved as recommended.
City Administrator Baksa presented and explained a
recommendation to award the bid of Pacific Mechanical Corp. in
the amount of $178,000.00 to construct Influent Pump Station Wet
Well Improvements Project 1991-3.
Motion was made by Councilman Gage seconded by Councilman
Kloecker and carried that the bid of Pacific Mechanical Corp. in
the amount of $178,000.00 to construct Influent Pump Station Wet
Well Improvements Project 1991-3 be approved as recommended.
City Administrator Baksa presented a recommendation to
approve the bids of Bob Lynch Ford, Inc. in the amounts of
$13,016.55, $14,983.23 and $18,163.50 for Three (3) Trucks for
the Parks & Recreation Department.
Motion was made by Councilman Kloecker seconded by
Councilman Gage and carried that the bids of Bob Lynch Ford, Inc.
in the amounts of $13,016.55, $14,983,23 and $18,163.50 for Three
(3) Trucks for the Parks & Recreation Department be awarded as
recommended.
City Administrator Baksa presented a recommendation to
approve the bid of Biddulp Chevrolet in the amount of $15,995.95
for a Specialized Vehicle for the Public Works Department, Water
Division.
Motion was made by Councilman Valdez seconded by Councilman
Kloecker and carried that the bid of Biddulp Chevrolet in the
amount of $15,995.95 for a Specialized Vehicle for the Public
Works Department, Water Division be awarded as recommended.
City Administrator Baksa presented a recommendation to
approve the bid of Garden State International in the amount of
$45,861.27 for a Water Truck and McClellan Equipment, Inc. in the
amount of $34,132.31 for the Water Tank with attachments for the
Parks & Recreation Department as recommended.
Motion was made by Councilman Valdez seconded by Councilman
Kloecker and carried that the bid of Garden State International
in the amount of $45,861.27 for a Water Truck and McClellan
Equipment, Inc. in the amount of $34,132.31 for the Water Tank
with attachments for the Parks & Recreation Department be awarded
as recommended.
City Administrator Baksa presented a recommendation to
approve the bid of Garden State International in the amount of
$24,584.32 for a Truck Cab/Chassis & $6,505.56 for the Crane for
the Parks & Recreation Department.
Motion was made by Councilman Valdez seconded by Councilman
Kloecker and carried that the bid of Golden State International
in the amount of $24,584.32 for a Truck Cab/Chassis & $6,505.56
for the Crane be awarded as recommended.
City Administrator Baksa presented a recommendation to
award the bid of Thomas Pherson in the amount of $29,050.00 for a
Computerized Tree Management System for the Parks & Recreation
Department.
n4
Pub.Hear.
Raisch
Z 91-02
Pub. Hear.
G.Filice
Pre zoning
Greenbelt
Motion was made by Councilman Valdez seconded by Councilman
Kloecker and carried that the bid of Thomas Pherson in the amount
of $29,050.00 for a Computerized Tree Management System for the
Parks & Recreation Department be awarded as recommended.
City Administrator Baksa presented a recommendation to
award the bid of the State of California in the amount of
$13,428.00 for a Utility Van for the Chemical Control Division.
Motion was made by Councilman Kloecker seconded by
Councilman Valdez and carried that the bid of the state of
California in the amount of $13,428.00 be awarded as recommended.
The Mayor stated that it was the time and place scheduled
for the Public Hearing to Consider a Rezoning from M2 (General
Industrial) District to CM (Commercial Industrial) District on
the East side of Chestnut street, South of Tenth Street on
approximately 7.92 acres, Raisch Investment Group, Applicant, Z
91-02.
The Staff Report was noted and further explained by
Planning Director Dorn.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposal.
Mr. Larry Klamecki, representing the Applicant, addressed
the Council noting that he was present to answer any questions of
Council. ,
The Mayor asked if there was anyone further in the audience
wishing to speak on the matter. 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 and carried that the proposed ordinance be introduced
and published by title and summary approving the rezoning
requested.
The Mayor stated that it was the time and place scheduled
for a Public Hearing to Consider a Pre zoning Request to CM
(Commercial Industrial) District for property at 5480 Monterey
Street, South of Luchessa Avenue, on approximately 27 acres,
Gennero Filice, Applicant, Z 91-03.
The Staff Report was noted and further explained by
Planning Director Dorn.
The Mayor asked if there was anyone in the audience ,~ishing
to speak for or against the proposal. There was no comment from
anyone in the audience. The Mayor closed the Public Hearing.
Motion was made by Councilman Valdez seconded by Councilman
Kloecker and carried that the reading of the ordinance be waived,
that it be introduced and published by title and summary.
The Mayor reported that the County Consultants in regard to
the County Greenbelt proposal will prepare an Implementation
Ordinance and develop standards i.e. landscaping, Llagas Creek
user, etc. She further noted that the Scoping Program will
develop work for eventual planning to be developed next year.
The Mayor noted that the role of the Committee is unknown at this
time.
Motion was made by Councilwoman Nelson seconded by
Councilman Gage that Councilman Mussallem be appointed as the
City'S representative on the Greenbelt Committee dealing with the
Greenbelt Issue. The City Attorney recommended that the motion
be tabled regarding appointment of a representative on the
Greenbelt Committee. It was noted that presently Todd Perkins is
the City'S representative on said Committee, appointed by the
Mayor.
Cong.Mgrnt.
Plan
Bldg. Bd.
of Appeals
Ch 34
Water
Consrvtn.
l' 1,
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The Mayor noted that the matter would be agendized with a
County report on how the funds would be spent for this project
and the role of the Committee regarding same.
Councilman Kloecker reported on the proposed Congestion
Management Plan update and requested that Council take action on
same at the May 20, 1991 Regular Meeting.
A proposed ordinance was presented and further explained by
City Administrator Baksa to amend City Code Section 6.3 (b) by changing
wording to "Building Board of Appeals" from'1\rchitectural.and Site
Committee"for granting exemptions.
Motion was made by Councilman Kloecker seconded by
Councilwoman Nelson and carried that the reading of the ordinance
be waived, that it be introduced and published by title and
summary amending City Code Section 6.3 (b)by changing wording to "Building
Board of Appeals" from "Architectural and Site Committee" for granting
exemptions as recommended and amended.
City Administrator presented recommendations on policies
and procedures for Channel 34. Discussion was had on the matter.
Motion was made
Hale and carried that
of the actual record.
motion.
by Councilman Valdez seconded by Councilman
the video tapes be classified as duplicates
Councilwoman Nelson voted "no" on the
Motion was made by Councilman Valdez seconded by Councilman
Kloecker and carried that the video tapes of Council Meetings be
preserved for eighteen months (18) unless declared by Council
discretion to be preserved indefinitely.
Council agreed that all formal Council Meetings be
televised on Channel 34 unless otherwise determined by Council.
study Sessions of the Council maybe televised if requested by
Council and located in the Council Chambers, to be determined on
an individual basis.
Motion was made by Councilman Gage seconded by Councilman
Hale and carried that the policies and Procedures for Channel 34
be approved as amended, specifically add under Item g) (1)
"except during official meetings or other City functions".
Council requested that they be kept informed of any necessary
changes to amend the policy if need be.
Noted a request of George L. Strehlke for Modification of
the Resolution Prohibiting Operation of Decorative Fountains
further explained by Mr. Strehlke. Discussion was had on the
matter. Motion was made by Councilwoman Nelson seconded by
Councilman Mussallem and tabled to await the City Administrator's
Report on Water Reduction Program.
(At 8:57 p.m. the Mayor declared a recess and reconvened the
meeting at 9:07 p.m.)
City Administrator Baksa gave an update on the Water
Conservation Program.
Discussed and Reviewed the Odd/Even Concept for Outside
Watering.
Noted letter from Joe Calcagno, Raintree Enterprises, Inc.
(Chestnut Square-Gilroy) re: Odd/Even Concept.
The Mayor asked if there was anyone in the audience wishing
to speak on the matter.
Mr. Scott Blakesly, Westlake Water & Systems addressed the
Council and offered his services in programming various automatic
sprinkler systems for local citizens.
. !~( tf;
Res.91-26
Res.91-27
Intro.Ord.
Mrs. Fleta Elder, addressed the Council requesting that the
odd/even concept for watering be abolished and the previous two
(2) days per week for outside watering be approved by Council.
Mrs. Jeanne Filice, representing Filice & Scuitto,
addressed the Council noting that they have 28 rental properties
and have installed $4,000.00 of automatic time devices for their
sprinkler systems and the odd/even concept cannot be adhered to
with the automatic systems installed.
Mr. Miguel Paredes addressed the Council noting concurrence
with the odd/even concept for water days and opposed to allowing
operation of decorative fountains since same gives a poor message
regarding water conservation.
Discussion was had by Council on the matter. Motion was
made by Councilman Gage seconded by Councilman Kloecker and not
carried by the following Roll Call Vote to remain with odd/even
concept for outside watering with no enforcement of same, except
to water wasting. Ayes: Councilmernbers:Gage, Kloecker and
Mussallem; Noes: Councilmernbers: Hale, Nelson, Valdez and Hughan.
Motion was made by Councilman Kloecker seconded by
Councilman Hale that the reading of Resolution No. 91-26 be
waived and that it be adopted to allow open outside watering with
no advice from the Council.
RESOLUTION NO. 91 - 26
RESOLUTION
RESOLUTION
PASSED AND
vote:
AYES:
OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING
NO. 91-22 REGULATING WATER USE.
ADOPTED this 6th day of May, 1991, by the following
NOES:
ABSENT:
COUNCILMEMBERS: HALE, KLOECKER, MUSSALLEM, NELSON and
VALDEZ.
COUNCILMEMBERS: GAGE and HUGHAN.
COUNCILMEMBERS: None
Motion was made by Councilman Kloecker seconded by
Councilman Mussallem that the reading of Resolution No. 91-27 be
waived and that it be adopted to allow washing of vehicles with
controlled nozzles any day of the week and allow operation of
decorative fountains if recyclable water is used.
RESOLUTION NO. 91 - 27
RESOLUTION
RESOLUTION
PASSED AND
vote:
AYES:
OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING
NO. 91-22 REGULATING WATER USE.
ADOPTED this 6th day of May, 1991, by the following
NOES:
ABSENT:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ and HUGHAN.
COUNCILMEMBERS: None
COUNCILMEMBERS: None
Motion was made by Councilman Kloecker seconded by
Councilman Valdez and carried that notification of new water
regulations to citizens be made through Channel 34, water
billing, up-coming rate letter and quarterly report.
City Administrator Baksa presented a recommendation to
amend Section 2.41 of the Gilroy City Code pertaining to
purchasing with a discount allowed for local vendors.
At 10:02 p.m. Councilman Mussallem left the Council
Chambers and returned at 10:03 p.m.
Motion was made by Councilman Gage seconded by Councilman
Mussallem and carried that an ordinance be introduced and
published by title and summary to amend Section 2.41 of the
Gilroy City Code pertaining to purchasing with a 3% discount
allowed for local vendors to include required notification of
said discount. Councilman Kloecker voted "no" on the motion.
GUSD-Fac.
Plan. Com.
Plan. Com.
5-2-91
P.& R.Com.
3-19-91
Gilroy2000
:~~, r.~( '~~7
The Mayor noted the request of the Gilroy Unified School
District for a Council representative on their Facility Planning
Committee. Councilman Kloecker volunteered to represent the City
on said Committee. The Mayor appointed Councilman Kloecker as
the City's representative.
The following informational items l:are noted with no
separate discussion on same except as noted:
County Librarian re: Formula Factors for County Library's
1991-92 Budget Allocation;
South Valley Refuse & Disposal Scholarship Donation;
Dorothy Sturla and Kathy Colkitt Congratulating Parks &
Recreation Department for "Kids Discover Art Day";
Santa Clara County Cities Association re: Transmittal of
Lobbying Letter re: AB 434(Sher);
San Jose State University in Appreciation of City Staff
Services;
Proclamations Issued by Mayor Hughan: "Foster Care
Awareness Month" - May 1991 and "Foster Parent Appreciation Week"
- May 19-25, 1991; "Victims of Pornography Week" - May 5-11,
1991; (Councilwoman Nelson noted appreciation for same.); "Hire A
Veteran Week" - May 5-11, 1991; and "Management Week" - June 3-9,
1991;
City of Cupertino re: Bay Vision 2020;
Monthly Cash and Investments Report, February, 1991;
City's Response in Appreciation to South Valley Refuse
Disposal, Inc. for contribution to Recreation Scholarship Fund;
League of California Cities Newsletter, April, 1991;
National League of California Cities re: National Flag Day
Events;
City of Los Altos re: Tribute to the Troops; and
Gilroy High School Students and Staff in Appreciation.
The Report of the Planning Commission Meeting of May 2,
1991 was noted.
The Minutes of the Parks & Recreation Commission Meeting of
March 19, 1991 were noted.
The Minutes of the Senior Advisory Board Meeting of March
18, 1991 were noted.
The Minutes of the Library & Culture Commission Meeting of
April 9, 1991 were noted.
The Minutes of the Gilroy 2000 steering Committee Meetings
of April 17th and 24, 1991 were noted.
City Administrator Baksa noted the thank you letter to the
Chamber regarding their Home & Lifestyles Show.
The City'S request to the Santa Clara Valley Water District
for increase in water allocation was noted.
City Administrator Baksa noted the City'S Water Faire,
scheduled for May 18, 1991 at the Wheeler Community Center, 9:00
a.m. to 1:00 p.m. regarding demonstrations and information booths
on water conservation.
At 10:17 p.m. Councilman Gage left the Council Chambers.
!; 1\8
Intro.Ord.
Survey
Adjrnrnt.
Council set June 10, 1991 at 7:00 p.m. for a Council/po &
R. Commission Joint Study Session on street Tree/Damage Report.
At 10:19 p.m. Councilman Gage returned and took his seat at
the Council table.
City Administrator Baksa noted that the City has applied
through FEMA for replacement costs of dead trees throughout the
City.
Council noted review of Council 1991-92 Priorities.
;;,.
Planning Director Dorn gave an update on the Old City
Hall. Council requested that a letter be forwarded the State
Historical Preservation Office and local legislators to expedite
the City'S application for the grant.
City Administrator Baksa distributed copies of the 1991-
1996 Financial Plan of the City to Council. Council requested
that the May 13, 1991 Study Session be televised on Channel 34.
City Administrator Baksa presented a report and
recommendation on Cost Recovery Ordinance changes.
Motion was made by Councilman Hale seconded by Councilman
Kloecker and carried that the reading be waived and the Cost
Recovery Ordinance changes be introduced and published by title
and summary.
The Mayor noted the Walk for Art three mile/5K Walk-a-Thon
to benefit children's art program in the Gilroy area, scheduled
for May 18, 1991 at 8:00 a.m.
Discussed the status of the Citizens' Survey.
Councilman Hale gave an update on Operation Budget Freedom,
noting proposed repeal of SB 2557 and at worst to be in effect
this year only as a result of the efforts of the League and local
officials.
Councilman Valdez gave an update on Falcon Cable TV and
progress of the Task Force, noting that the Committee is
requesting an additional Council volunteer from each jurisdiction
to work on the Committee and if anyone is interested to contact
him. The general consensus of the Council was for the Committee
to proceed.
The following meetings were noted: Gilroy City Council
Closed Session, May 13, 1991 - 6:30 p.m. re: Existing Litigation:
C. Bozzo v. City of Gilroy; Gilroy City Council Study Session,
May 13, 1991 - 7:00 p.m. re: 1991-1996 City of Gilroy Financial
Plan; Gilroy City Council Closed Session, May 20, 1991 - 6:00
p.m. re: Meet & Confer; and Annual City Council/Commission/
Employee Barbecue, August 17, 1991 - 4:30 p.m. to 11:00 p.m.,
Christmas Hill Park, Gilroy.
At 11:01 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
,
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