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Minutes 1984/05/21 '1 5008 Roll Call Pr~sentations Consent Calendar Minutes Claim - M. Reagan Claims-Property Damage-Sewer Ord. #84-7 re: Towing Services .. May 21, 1984 Gilroy, California Mayor Hughan led the Pledge of Allegiance to the Flag. The Regular Meeting of the Gilroy City Council was called to order by Her Honor Roberta H. Hughan at 8:02 p.m. Present: Council Members: Sharon A. ~lbert,Donald F. Gage, Paul V. Kloecker, Larry Mussallem, John E. Pate, Pete Valde, Jr. and Roberta H. Hughan. The Mayqr pres,ent,ed ,a C,ertiUcate of, App:t;:'eci,ation to Goldsmith Seeds, Inc. for their donation of flowers and labor to plant them. Mr. Goldsmith addressed the Council and noted that City employees assisted in planting ~f th~ flQ~e~s pn, the~r Qff~9uty time. The Mayor noted that a Certificate of Appreciation had also been prepared for Mr. Michael Bonfante, not pres~~t, for his dona- tion of trees. Motion was made by Councilman Gage seconded by Councilman Pate that the following items under the Consent Calendar be ap- proved by the following vote: Ayes: Council Members: Albert, Gage, Kloecker, Mussa'llem, Pate, Valdez and Hughan: Approved the Minutes of the Regular Council Meeting of May 7, 1984; Denied ~ Da~~ge Claim of Murice ~eagan as recommended; Denied the following property damage claims: Albert B. Denise, Ben Denise,' and Chas. Filice - Fil-Den Farms; Dixie Lee Meiselbach & Crocker National Bank; Bob Filice (Bob Filice Farms) ; Joseph Gubser, Jr.; and Security Pacific National Bank - Robert & Pauline Baker, Trustees for Henry E. Silveira, Jr. (S & H Farms) i Adopted Ordinance No. 84-7 amending Gilroy City Code regu- lating towing services. ORDINANCE NO. 84-7 AN ORDINANCE OF THE CITY OF GILROY AMENDING: SECTION 24A.2 AND ENACTING SECTION '24A,"12 OF' THE GI'LRo'Y CITY CODE REGULATING TOWING SERVICES. Ord. #84-8 re: Agenda Items ...... ... Ord. #84-9 re: Harrison Re- I zoning - Bids re: Emerg. Lighting Svst. - Pub.Hear. re: Variance Ap- peal-Garden Valley Foods ...... --' 5009 PASSED AYES: AND ADOPTED this 21st day of May, 1984, by the following vote: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, V~~DEZ and HUGHAN COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE; NOES: ABSENT: Adopted Ordinance No. 84-8 amending Gilroy City Code re: Council Acrenda Items. ORDINANCE NO. 84-8 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 2.16 OF THE GILROY CITY CODE PERTAININr, TO COUNCIL AGENDA. PASSED AND ADOPTED this 21st day of May, 1984, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and JUGHAN COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE; and NOES: ABSENT: Adopted Ordinance No. 84-9 rezoning property at 178 and 150 Second Street from R2 (Two Family Residential) to PO (Professional Office) District, ,Toan and Richard Harrison, applicants. ORDINANCE NO. 84-9 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING TWO PARCELS AT THE SOUTHWEST CORNER OF SECOND AND CHURCH STREETS FROM R2 (TWO FAMILY RESIDENTIAL) TO PO (PROFESSIONAL OFFICE) DISTRICT. PASSED AND ADOPTED this 21st day of May, 1984, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE NOES: ABSENT: City Administrator Baksa presented a report and recommendation on bids received for the Emergency Lighting System recommending award of the low bid of Amida Industries in the amount of $6,830.00. Motion was made by Councilman Mussallem seconded by Councilman Gage and carried that the bid of Amida Industries in the amount of $6,830.00 be awarded for the Emergency Lighting System as recommended. The Mayor stated that it was the time and nlace scheduled for the continued Public Hearing to consider an appeal of a variance request to Section 19.30 of the Zoning Ordinance to allow an increase of 21.5 feet over the maximum allowed height limitations of 35 feet for a 56.5 foot high evaporation structure on property located at 7050 Monterey Street, between Ninth and Tenth Streets, Garden Valley Foods, applicant. Planning Director Dorn presented and explained the Staff Report. The Mayor asked if there was anyone present in the audience wishing to speak for or against the matter. Mr. AnthonyJ. Anastasi, attorney representing the appellants, addressed the Council further explaining objections to the evaporation structure. The Mayor asked if there was anyone further in the audience wishing to speak in opposition to the variance request. Dr. Dennis Springgay, owner of Gavilan Animal Hospital, 7092 Monterey Street, addressed the Council in opposition to the variance request noting increased truck traffic, odor from truck spillage, and cannery parking on his property. The Mayor asked if there was anyone further in the audience wishing to speak in opposition to_the variance request. There was no comment from anyone in the audience. The Mayor asked if there was any- one in the audience wishinq to speak in favor of the variance request. Mr. Bob Saxe, attorney_for the applicant, addressed the Council noting that his client, Mr. John Filice, intends to assist Mr. Springgay to alleviate his problems and that he will contact him soon. 5010 Res. #84-37 Res. #84-38 Bonanza Days Sales Tax Issue He further explained how all four (4) findings have been met by the applicant in this variance request. The Mayor asked if there was anyone further in the audience wishing to speak in favor of the variance request. Mr. Anastassi addressed the Council in rebuttal to Mr. Saxe's comments, further noting that the City's intent at the time of adop- tion of the new Zoning Ordinance was to not allow the cannery operation of Garden Valley Foods to expand and gradually eliminate this operation by attrition. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. There were no further comments from the audience. ....... - Motion was made by Councilman Gage seconded by Councilman Pate and carried that the Public Hearing be closed. Discussion was had by Council on the matter. Motion was made by Councilman Gage seconded by Councilman Pate that the reading of Resolution No. 84-37 be waived and that it be adopted denying the appeal and affirming the Planning Commisssion's decision granting the variance to include the recommended mitigation measures. RESOLUTION NO. 84-37 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AFFIRMING ON APPEAL RESOLUTION NO. 82-57 OF THE PLANNING COMMISSION GRANTING A VARIANCE TO ALLOW EXCESS HEIGHT FOR AN EVAPORATION TOWER AT 7050 MONTEREY STREET. PASSED AND ADOPTED this 21st day of May, 1984, by the following vote: AYES: COUNCIL MEMBERS: GAGE, KLOECKER, MUSSALLEM, PATE and VALDEZ NOES: COUNCIL MEMBERS: ALBERT and HUGHAN ABSENT: COUNCIL MEMBERS: NONE The Mayor asked if there was anyone present in the audience wishing to speak on any matter not on the agenda. A representative from the Bonanza Days' Committee addressed the Council requesting that June 2-10, 1984, be proclaimed Gilroy Bonanza Days, requesting approval of City facilities and Junior and Senior Parade routes. ...... - Motion was made by Councilman Valdez seconded by Councilman Kloecker approving the Bonanza Days Committee's request and that the reading of Resolution No. 84-38 be waived and adopted approving the Senior Parade route June 10, 1984, required by the State since same will be conducted on State Route 152 (First Street) . RESOLUTION NO. 84-38 RESOLUTION OF THE CITY COUNCIL REQUESTING APPROVAL OF THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS, TO PERMIT A PARADE WITHIN THE CITY OF GILROY. PASSED AND ADOPTED this 21st day of May, 1984, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE NOES: ABSENT: The Mayor deviated from the regular agenda in order to accomo- date interested persons in the audience and called upon Mr. Peter Giles, representing the Santa Clara County Manufacturer's Group. .... Mr. Giles addressed the Council further explaining the ~% sales tax increase proposal for the November 1984 General Election. ....... Discussion was had by Council on the matter. Motion was made by Councilman Pate seconded by Councilman Valdez and carried that the Mayor be authorized to notify local legislatures that the City of Gil- roy is in favor of the concept of the sales tax issue; that the County of Santa Clara residents should have the opportunity to vote upon the issue and decide if they wish to pursue this concept; to include addi- tional city membership on the Committee proposed to implement the in- creased sales tax projects; and noted objection to any reduction in State funding for the County of Santa Clara in order to continue other projects as needed. Gilroy Foods S.C. Valley Water Dist. -- .... Plan. Com. 5/17/84 T.Berry TM 81-1 501'1 Council noted consulting with Councilman Kloecker for his advice in membership representation issue. The Mayor continued with the regular agenda format. City Administrator Baksa noted that the Gilroy Foods Industrial Refuse issue had been settled and no action was needed by Council re- garding this matter. City Administrator Baksa presented a request of Santa Clara Valley Water District for support of pending water legislation and water policies. Council tabled action on the request for additional information before taking any action. The following informatLmal ite'Us ,,'ere noted with no separate discussion on same: Charles Cate, City Manager, Morgan Hill, thanking the City of Gilroy for assistance after the April earthquake; and Planning Department Staff actions. The Report of the Planning Commission Meeting of May 17, 1984, was noted. Planning Director Dorn recommended an extension of TM 81-1, Trevis Berry Tentative Map application. Motion was made by Councilman Gage seconded by Councilman Valdez and carried that a one-year extension be granted Trevis Berry for a Tentative Map application, TM 81-1, as recommended. Lib. & Cult. Com. The Minutes of the Library and Culture Cownission Meeting of 4/10/84 April 10, 1984, were noted. ..... -- Res. #84-39 re: Affirmative Action Program - P. G. & E. Rule 20 Funds .... Res. #84-40 re: Coop. Person- nel Services Councilman Gacr8 reques'ted copies of 1:1:1e Planning Commission complete agenda prior to the meetings. Councilmembers noted that they would request copies of individual items as needed. City Administrator Baksa presented a recommendation to revise the City's Affirmative Action Policy and Program, further explained by Personnel Director Booth. Motion was made by Councilman Gage seconded by Councilman Kloecker that the reacing of Resolution No. 84-39 be waived and that it be adopted revising the City's Affirmative Action Policy as recom- mended. TISOLTJTION Nn. 84-3CJ RESOLUTION OF THE CITY OF GILROY ADOPTING A REVISED AFFIRMATIVE ACTION PROGRAH. PASSED AND ADOPTED this 21st day of May, 1984, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN COUNC IL MEMBERS: NONE COUNCIL ME~ffiERS: NONE NOES: FBSENT: City Administrator Baksa reported that use of P. G. & E. Rule 20 funds requires an Underground District Conuni~tee and recommended that Richard L. Cox, Superintendent of Public Works, begin the process. Motion was made by Councilman Pa-te seconded by Councilman Gaqe and carried that an Unde~~'grollnc'l. nist,rict r.ormni'ct,ee be formed as re- quired for P. G. & E. Rule 20 Funds a_:ld 1:hat Sta~f be directed to initiate same. City Adrninis'crator Baksa presented n. three-year contract for renewel with the State Cooperative Personnel Services, recommending approval of same. Motion l\7aS made by CouncillTlan Pate seconded by Councilman Kloec- ker that the reading of :R_esolution No. 84-40 he wn.ived and that it be n.dopted appointinq the Personnel Director to _,,=xecute renewal of a three- hear contract, wii:h t~'le State for Cooperative Personnel Services as recommended. 5012 So. Co. Planning Coordination 84-89 Cap. Imp. Program Study Session- Water & Sewer Rate Increases Res. #84-41 Water Rates Res. #84-42 Sewer Rates Sewer Treatment Plant RESOLUTION NO. 84-40 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A CONTRACT WITH THE STATE OF CALIFORNIA FOR COOPERATIVE PERSONNEL SERVICES. PASSED AND ADOPTED this 21st day of May, 1984, by the following vote: A YES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE NOES: ABSENT: City Administrator Baksa reported on South County Planning Coordination with other jurisdictions, specifically, the cities of South Santa Clara County Planning Directors beginning efforts in this regard and proposed meetings of Mayors and Managers of these cities to combine efforts of both groups and data to be presented to Council as same occurs. ."-'- ""'""" City Administrator Baksa presented the 1984-1989 Capital Im- provement Program for approval. Motion was made by Councilman Pate seconded by Councilman Mus- sallem and-carried that the 1984-1989 Capital Improvement Program be approved as submitted. City Administrator Baksa requested a Council Study Session regarding recent updating of the Zoning Ordinance and hazardous materials proposed requirement for a conditional use permit. Coun- cil set May 31, 1984, at 7:30 p.m. to 9:30 p.m. for said Study Session. City Administrator Baksa presented proposed increase of water and sewer rates previously discussed at Council Study Sessions in regard to the 1984-85 proposed budget. Motion was made by Councilman Gage seconded by Councilman Val- dez that the reading of Resolution No. 84-41 be waived and that it be adopted approving the increased water rates previously discussed. ~ RESOLUTION NO. 84-41 RESOLUTION OF THE CITY'COUNCIL OF THE CITY OF GILROY ESTABLISHING RATES FOR WATER SERVICE. II.",~ PASSED AYES: AND ADOPTED this 21st day of May, 1984, by the following vote: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE NOES: ABSENT: Motion was made by Councilman Gage seconded by Councilman Val- dez that the reading of Resolution No. 84-42 be waived and that it be adopted approving the increased sewer rates previously discussed. RESOLUTION NO. 84-42 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING RATES FOR SANITARY SEWER SERVICE. PASSED AND ADOPTED this 21st day of May, 1984, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE NOES: ABSENT: lIIIIIII! Councilman Gage noted the selection of OMI as Sewer Treatment Plant Contractors for three years and gave a progress report of the plant operations. - City Administrator Baksa noted a complimentary letter from the State Water Quality Control Board regarding the management of the entire sewer plant facility. Councilman Kloecker noted that he was unable to attend the Cit- zens' Advisory Sewer Committee Meeting due to a City Budget Study Ses- sion scheduled for the same time. The Mayor noted the June 5, 1984 - 7:00 p.m. Citizens' Advisory Sewer Committee Meeting important for those Councilmembers wishing to attend. Adjournment 5013 city Administrator Bak~a noted the proposed Joint City Council/ School Board Study Meeting tentatively scheduled for June 12, 1984. Mr. John Parrinello, P. G. & E. Manager, addressed the Council and introduced himself. At 10:25 p.m., the Mayor adjourned the meeting. Respectfully submitted, ;dU4~ -&. r;:/~, 1:- Clty Clerk ~cf-