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Minutes 1989/02/06 5716 Invocation Posting Agenda Roll Call Res.Prien Consent Calendar Minutes Ord.89-2 Res.89-7 Budget Solicita- tion-Heart Assn. Investmnts. Regular Meeting February 6, 1989 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. The Mayor called on Pastor Pike Robinson, Assembly of God Church to give the Invocation. The City Clerk reported that the Agenda had been posted on February 2, 1989 at 10:30 a.m. Present: Councilmembers: Donald F. Gage, Leonard A. Hale, Paul V. Kloecker, Larry Mussallem, Daniel D. Palmerlee, Pete Valdez, Jr. and Roberta H. Hughan. ~ ... The Mayor presented Mary Prien, retired Museum Director and City Historian, a resolution commending her services with the City. Motion was made by Councilman Gage seconded by Councilman Valdez that the following items under the Consent Calendar excluding Item "c" (ordinance amending Section 16A.1l of the City Code restricting solicitation to the hours of 9:00 a.m. to sunset) be approved by the following Roll Call Vote: Ayes: Councilmembers: Gage, Hale, Kloecker, Mussallem, Palmerlee, Valdez and Hughan: Approved the Minutes of the Regular Council Meeting of January 17, 1989; Adopted Ordinance No. 89-2 Amending Chapter 13A of the City Code Regulating Meetings, Assemblies, Parades, Sound Amplifying Systems and Live Music (Private Property Outdoor Entertainment Permits); ORDINANCE NO. 89 - 2 AN ORDINANCE OF THE CITY OF GILROY AMENDING CHAPTER 13A OF THE GILROY CITY CODE REGULATING MEETINGS, ASSEMBLIES, PARADES, SOUND AMPLIFYING SYSTEMS AND LIVE MUSIC. PASSED AND ADOPTED this 6th day of February, 1989, by the following vote: AYES: ~ ...... COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN None None; NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Adopted Resolution No. 89-7 Authorizing Execution of Indemnity and Hold Harmless Agreement, and Release, in Favor of City of Gilroy; RESOLUTION NO. 89 - 7 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AUTHORIZING EXECUTION OF INDEMNITY AND HOLD HARMLESS AGREEMENT, AND RELEASE, IN FAVOR OF CITY OF GILROY. PASSED AND ADOPTED this 6th day of February, 1989, by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN COUNCILMEMBERS: None COUNCILMEMBERS: None; ~ NOES: ABSENT: Approved and authorized budget amendments and adjustments as presented; .... Approved the request of the American Heart Association, Santa Clara County Chapter, for waiver of the municipal license fee to solici t funds February 8-26, 19,89,; Adopted Investment Policies as presented and recommended; Intro.Ord. Lic.Fees Def.Dev. Agree. Piedmont Solicita- tion-Hours ,...., ...... Bids: Copiers - - HCD Pub. Hearing ..... .... 5717 Introduced a proposed ordinance amending City Code Section 13.29 pertaining to penalties for municipal business licenses as recommended; and Approved a Deferred Development Agreement for Margaret and Richard Piedmont, Lewis Street as recommended. Discussed Item "C", proposed ordinance amending Section 16A.11 of the City Code restricting solicitation to the hours of 9:00 a.m. to sunset. Motion was made by Councilman Mussallem seconded by Councilman Gage that the reading of Ordinance No. 89-3 be waived and that it be adopted. ORDINANCE NO. 89 - 3 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 16A.11(5) OF THE GILROY CITY CODE REGULATING HOURS OF SOLICITING. PASSED AND ADOPTED this 6th day of February, 1989, by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, MUSSALLEM, VALDEZ and HUGHAN. KLOECKER None PALMERLEE, NOES: ABSENT: COUNCILMEMBER: COUNCILMEMBERS: Mayor Hughan announced that for the benefit of those present in the audience appointments to the Library and Culture Commission and Personnel Commission would not be made at this meeting. City Administrator Baksa presented and explained a report and recommendation on proposals for new copiers for the City Hall. Personnel Analyst Diaz further explained the recommendation. Motion was made by Councilman Kloecker seconded by Councilman Palmerlee and carried that the bid of Eastman-Kodak Company for the copiers at City Hall be approved and awarded as recommended. Councilman Gage did not enter into the discussion nor vote on the matter due to a conflict of interest. The Mayor stated that it was the time and place scheduled for the Public Hearing on the HCD Fifteenth Year Application Process Housing Community Development. The Staff Reports were noted and further explained by HCD Grant Coordinator Rojas. The Mayor asked if there was anyone in the audience wishing to speak on the matter. Ms. Marie Juncker, Executive Director of South County Housing addressed the Council requesting $24,500.00 direct support for construction of their 32 unit project on Kern Avenue. Motion was made by Councilman Palmerlee seconded by Councilman Hale and carried that Staff recommendation for A, Band C Categories be approved as submitted. The following representing requests in Category D addressed the Council on behalf of their requests: Barry Del Bono, Director - Emergency Housing Consortium; Kyle Titus, Odd Fellow Rebekah Childrens' Home; Cynthia McCown, Coordinator, The Food Bank; Robert Lamarch, Catholic Charities of Santa Clara County; Arlene June, Project Match; Mary Ellen Rocha, Operation Sentinel; Shirley Trevino and Francisco Sandoval, Causa. The Mayor asked if there was anyone further in the audience wishing to speak. There was no further comment from anyone in the audience. The Mayor closed the Public Hearing. Discussion was had by Council on the matter. , 5718 Toxic Gas Ord. 89-94 CIB 3rd & Carmel Res.89-8 89-94 CIB Motion was made by Councilman Palmer lee seconded by Councilman Gage and carried that the following allocations be approved under Category D: Growth & Opportunity, Inc. - $2,000.00; Emergency Housing Consortium - $4,500.00; Odd Fellow Rebekah Childrens' Home - $ -0-; Food Bank of Santa Clara County - $3,350.00; Catholic Charities of Santa Clara County - $1,000.00; Project Match - $1,000.00; Operation Sentinel - $5,500.00; and Causa - $5,000.00; totalling $22,350.00. City Administrator Baksa presented and explained the input comments on the Model Toxic Gas Ordinance to be referred to IGC to include two minor changes. Motion was made by Councilman Gage seconded by Councilman Valdez and carried that the input comments including the two minor changes on the Model Toxic Gas Ordinance be approved and referred to IGC as recommended. ..... ..... Tabled action on appointments to the Library and Culture Commission and Personnel Commission. City Administrator Baksa recommended approval of the 1989-1994 Capital Improvement Budget. Discussion was had regarding installation of traffic signals at Tenth and Church Streets. Motion was made by Councilman Palmer lee Valdez and carried that funding be authorized traffic signals at Tenth and Church Streets. Kloecker and Hughan voted no on the matter. seconded by Councilman to proceed with the Councilmembers: Motion was made by Councilman Gage seconded by Councilman Valdez and carried that authorization be formalized for Public Safety Funds with Loan Interest and State Subvention Funds. City Administrator Baksa noted that he would prepare a resolution to accomplish same. Noted a Traffic Study and recommendation regarding a 4-way arterial stop at Third and Carmel Street intersection. ..... Motion was made by Councilman Hale seconded by Councilman Mussallem that the reading of Resolution No. 89-8 be waived and that it be adopted authorizing a Four-Way Stop at Third and Carmel Street Intersection as recommended. ..... RESOLUTION NO. 89 - 8 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING A FOUR- WAY ARTERIAL STOP AT THE INTERSECTION OF THIRD AND CARMEL STREETS IN THE CITY OF GILROY. PASSED AND ADOPTED this 6th day of February, 1989, by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN None None NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Motion was made by Councilman Gage seconded by Councilman Palmer lee and carried that the 1989-1994 Capital Improvement Budget be approved in general. The Mayor asked if there was anyone in the audience wishing to speak on any matter not on the agenda. ..... Mr. Kenneth Noonan, Superintendent of the Gilroy Unified School District, addressed the Council in appreciation of City Staff for expediting recent property transfer. Mr. John Albaugh, addressed the Council inquiring about the slow traffic signal for left turning on Tenth Street at Alexander Street. It was noted that the City had control of same and is currently working with the developers of the shopping center to rectify same. ...... Hispanic.- Cultural Festival .... .... S.C.Co. Intercity Committees - - Plan.Com. 2-2-89 A/S 88-49 ~ l.... 5719 City Administrator Baksa presented and explained a request of Mr. Robert Kraemer regarding the 1989-90 Hispanic Cultural Festival Agreement. Councilman Valdez noted that he would not enter into the discussion nor take part in any action due to a conflict of interest in this matter. Councilman Mussallem noted that he would not enter into the discussion nor take part in any action due to a conflict of interest in this matter. Motion was made by Councilman Gage seconded by Councilman Palmerlee and carried that the request be approved regarding the 1989-90 Hispanic Cultural Festival Agreement and that same be referred back to Council in 1990 and each year thereafter for a possible adjustment to the formula used. Noted a request of the City of Los Altos regarding status of Intercity cooperation in Santa Clara County. Discussion was had by Council. Council had no objection to consolidating certain committees and providing minimal financial support for same. Noted the following informational items with no separate discussion on same: Gilroy Downtown Development Corporation Meetings of December 2nd and 16, 1988; Pacific Gas & Electric Company re: Closing Service Center at Sixth and Railroad Streets; Report on Speed Zone Study; Planning Department Tabulation of Applications Processed; Bay Area Air Quality Management District re: South County Joint Policy Plan (SCJPP); Congressman Tom Campbell in appreciation; James E. Dowell Complementing Gilroy Police Department for Traffic Control on Santa Teresa Boulevard between Gavilan College and First Street; Planning Staff Approvals, dated January 27, 1989; Report of Investments with Maturities Exceeding One Year; Falcon Cable TV re: Federal Communications Commission new Rule re: Cumulative Leak Index; and Santa Clara County Traffic Authority Public Information Meeting, February 9, 1989, 7:30 p.m., Branham High School, San Jose. Noted the Report of the Planning Commission Meeting of February 2, 1989. Noted the Architectural and Site Report for Westwood Plaza Shopping Center Planned Unit Development (A/S 88-49) further explained by Planning Director Dorn. Mr. Bob Dyer, representing the applicant, addressed the Council further explaining the proposal and noted that the name of the Center has been changed to Hecker Pass Plaza and further requested that they receive occupancy prior to completing the improvements on the existing Westwood Center. Planning Director Dorn noted that same could be worked out at Staff level and does not require an additional condition. Motion was made by Councilman Palmerlee seconded by Councilman Kloecker and carried that the following conditions be added: Monument type sign be required and a roof top equipment barrier fence be required on the south side using a level site line. 5720 CUP 89-1 CUP 89-5 Adjrnmt. " Motion was made by Councilman Kloecker seconded by Councilman Palm~rlee and carried that the twenty~two conditions be approved as recommended including amendment to Condition #8 and #22 plus the two additional conditions requested by Council on the signing and roof top equipment barrier. The Mayor inquired of the CUP 89-1 Home Occupation for a Sign Painting Business. Planning Director Dorn noted that he would review the application and that they would be required to obtain Chemical Control Division approval. The Mayor inquired of CUP 89-5 Home Occupation for an Office for an automotive repair business. Planning Director Dorn noted that the actual work would be completed at various automotive repair shops located in the business district and that the conditional use permit was issued for an office address. City Administrator Baksa noted the Staff Supervisory Training Sessions to begin February 22 through March 30 re: Motivation and Productivity. The Mayor noted applications will be received for twelve to fifteen appointments to the Curbside Recycling Task Force. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that the City begin the process of establishing a Curbside Recycling Task Force as recommended. The Mayor noted that San Benito County Board of Supervisors had tabled action on whether to participate in the Monterey Bay Sanctuary issue to their February 7 meeting. The Mayor requested Councilmember comments on a proposed letter to the Editor regarding the recent Council Retreat. Councilman Palmer lee inquired if Council wished to change the July 3 Council Meeting to July 5 or 10, 1989 anticipating some members using same as a four day week-end. It was noted that this will be considered prior to adjournment of the June 19 regular meeting. Councilman Valdez invited and urged Councilmembers and the City Administrator to attend the February 17 Latino Conference at the Doubletree Inn, noting invitations will be forthcoming. At 10:17 p.m. the Mayor adjourned the meeting to Tuesday, February 21, 1989, due to the legal holiday February 20, 1989. Respectfully submitted,