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Minutes 1989/03/06 Invocation Posting Agenda Roll Call Consent Calendar Minutes r7r>t7 , ""'I "' _, L,j Regular Meeting March 6, 1989 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. The Mayor called on Father Hansen, St. Stephen's Episcopal Church to give the Invocation. The City Clerk reported that the Agenda had been posted on March 2, 1989 at 8:46 a.m. Present: Councilmembers: Donald F. Gage, Paul V. Kloecker, Larry Mussallem, Daniel D. Palmerlee, and Roberta H. Hughan; Absent: Councilmembers: Leonard A. Hale and Pete Valdez, Jr. Motion was made by Councilman Gage seconded by Councilman Kloecker that the following items under the Consent Calendar be approved excluding Item "B" regarding Budget Amendments and Transfers by the following Roll Call Vote: Ayes: Councilmem- bers: Gage, Kloecker, Mussallem, Palmerlee, and Hughan; Absent: Councilmembers: Hale and Valdez: Approved the Minutes of the Regular Council Meeting of February 21, 1989; Claim-Barnett Range and Denied a Claim of Barnett-Range Corporation as recommended; Def.Dev. Agree.- Arnberg Budget Bid-Equip. Xmas Hi 11 Pk. Speed Zone Survey Res.89-l0 Approved a Deferred Development Agreement for William Arnberg, 8895 Kern Avenue, as recommended. Discussed and approved budget amendments and transfers as presented and recommended. City Administrator Baksa presented a recommendation to award the bid of Patrick W. Muchmore, Antioch, in the amount of $69,900.00 for the prefabricated toilet building at Christmas Hill Park. Motion was made by Councilman Kloecker seconded by Councilman Palmer lee and carried that the bid of Patrick W. Muchmore in the amount of $69,900.00 be awarded as recommended for the prefabricated toilet building at Christmas Hill Park. City Administrator Baksa presented a recommendation to execute an agreement with TJKM for a Speed Zone Survey, in the amount of $12,500.00. Motion was made by Councilman Kloecker seconded by Councilman Gage and carried that the agreement with TJKM for the Speed Zone Survey in the amount of $12,500.00 be approved and executed as recommended. City Administrator Baksa presented a recommendation to approve a $50.00 fee for Private Property Outdoor Entertainment Permit. Motion was made by Councilman Kloecker seconded by Council- man Gage that the reading of Resolution No. 89-10 be waived and that it be adopted approving a $50.00 Fee for Private Property Outdoor Entertainment Permit as recommended. RESOLUTION NO. 89 - 10 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY SETTING FEES FOR OUTDOOR ENTERTAINMENT PERMITS ON PRIVATE PROPERTY. PASSED AND ADOPTED this 6th day of March, 1989, by the following vote: AYES: COUNCILMEMBERS: GAGE, KLOECKER, and HUGHAN None HALE and VALDEZ MUSSALLEM, PALMERLEE NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS 5724 Utility Billing Water Reduc- tion prog. Intro.Ord. (At 8:14 p.m. Councilmembers: Hale and Valdez entered and took their seats at the Council table.) City Administrator Baksa presented a recommendation to amend the City Code to achieve a uniform delinquency policy for utility billin,g further exp1aininB same. Motion was made by Councilman Kloecker seconded by Council- man Gage and carried that a proposed ordinance be introduced amending the City Code to achieve a uniform delinquency policy for utility billing as recommended. Discussion was had regarding a proposed 1989 Water Reduction Program further explained by City Administrator Baksa. The following addressed the Council in regard to the proposed Water Reduction Program: Mr. John Locastro, 640 Willow Springs Road, Morgan Hill suggesting that the Santa Clara Valley Water District has not presented all of the facts regarding the water shortage, noting that the media coverage resulting from this has ruined his landscaping business. Mr. Sam Tharp, Nursery Clearance Center, 10359 Monterey Road, requesting an Engineer's Report on water tables in 1977, noting that the Water District's facts and figures are not in agreement with the California Nurserymen. Mr. Bill Shepherd, local swimming pool contractor, residing in Morgan Hill, opposed to prohibiting new pool construction, explaining same. He noted that, in his opinion, a new pool would use less water than maintenance of present landscaping and that the water used in pools for last year was a minute amount com- pared to the total City water usage and noted that it would be unfair to specifically put pool contractors out of business. Mr. Jeff Gapp, 7230 Yorktown Drive, requested an incentive plan for those people who are saving water and will continue to do so. He further noted that his water meter is not read monthly. Mr. Jim Acrum, Bay Area Water Trucks, noted that his business trucks water to customers outside the City limits and that if new pools are constructed, water can be imported as opposed to using water from the City's system. He further noted that the City could require pool covering to eliminate most of the evaporation. Discussion was had by Council on proposed water uses prohibited. Motion was made by Councilman Gage seconded by Councilman Valdez and carried that new pool, spa/hot tub, or pond construc- tion be allowed if the filling water is imported water (Item No. 9). Mr. John Locastro addressed the Council objecting to banning of new landscaping. Motion was made by Councilman Palmerlee seconded by Coun- cilman Gage and carried by the following Roll Call Vote that a moratorium be declared on new landscaping and that relandscaping may be possible on existing landscaping when replaced with low water-use landscaping: Ayes: Councilmembers: Gage, Palmerlee, Valdez and Hughan; Noes: Councilmembers: Hale, Kloecker and Mussallem. Motion was made by Councilman Valdez seconded by Councilman Gage and carried that a proposed ordinance be introduced to include water uses prohibited under Items 9, 10 and 13 as amended to be published by title and summary. Councilman Kloecker voted "no" on the motion. Res.89-11 SCVWD Ord. 89-1 Plan.Com. 3-2-89 5725 Motion was made by Councilman Palmer lee seconded by Councilman Hale that the reading of Resolution No. 89-11 be waived and that it be adopted approving water uses prohibited, Items 1-15 as amended to become effective March 20, 1989. RESOLUTION NO. 89 - 11 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY REGULATING WATER USES PURSUANT TO SECTION 27.30 OF THE GILROY CITY CODE. PASSED AND ADOPTED this 6th day of March, 1989, by the following vote: AYES: NOES: ABSENT COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN COUNCILMEMBERS: None COUNCILMEMBERS: None The Mayor asked if there was anyone in the audience wishing to speak on any item not on the agenda. An unidentified person addressed the Council inquiring of the format of the utility billing. Ordinance No. 89-1 of the Santa Clara Valley Water District providing for the regulation of groundwater extraction within the District was noted. The Mayor requested authorization to request an amendment to the ordinance to require yearly findings if there is an immediate danger rather than every five years as proposed. Motion was made by Councilman Mussallem seconded by Councilman Gage and carried that the Mayor be authorized to request the Santa Clara Valley Water District to amend Ordinance No. 89-1 as recommended. Noted the following informational items with no separate discussion on same: Project Match, Inc. in appreciation of 1989-90 funding; Proclamation Issued by Mayor Hughan: Community Development Week - March 24-31, 1989; Police Department Certificates of Commendation: Employee of the Month of September 1988 - Officer Dave Marrazzo; Co-employees of the Month of December 1988 - Supervising Officer Mark Good and Officer Steve Becerra; and Employees of the Month of January 1989 - Officer Greg Braze and Multi-Service Officer Andy DeLeon; Wheeler Hospital closure; Planning Staff Approvals, dated February 24, 1989; Update on Schedule of Activities re: Community Development Agency; Minutes of the Gilroy Downtown Development Corporation Meetings of February 3 and 10, 1989; Gilroy Hispanic Cultural Festival re: Agreement, Status of 10 Acre Property previously occupied by The Painted Wagon Restaurant and occupied by the Moose Lodge (APN 841-14-028, Villalba); and Report of Sub-Committee Action on MG Gilroy Limited Partnership (Southpoint Business Park) - A/S 88-37. Noted the Report of the Planning Commission Meeting of March 2, 1989. Continued Review of the recommendation on a Special Sign Permit (SP 89-10) for The Gilroy Village Shopping Center to the March 20, 1989, Regular Meeting at the request of the applicant. 5726 Res.89-12 Adjrnmt. City Administrator Baksa distributed Minutes of the recent Council/Manager Retreat. City Administrator Baksa noted that the MSI Task Force Committee has set their meeting dates for Thursdays at 7:00 p.m. in the Employees' Lounge, City Hall. The Mayor presented a resolution of the City of San Jose regarding statewide ban on the sale and possession of semi- automatic, military-type assault weapons requesting that Council take action on same at this meeting as an amendment to the posted agenda because the local legislature will be acting upon same prior to the next regular Council Meeting. Motion was made by Councilman Kloecker seconded by Council- man Palmer1ee and carried that the agenda be amended to include consideration of the City of San Jose resolution regarding banning of semi-automatic, military-type assault weapons. Motion was made by Councilman Hale seconded by Councilman Kloecker that the reading of Resolution No. 89-12 be waived and that it be adopted affirming the City's position in favor of a statewide ban on the sale and possession of semi-automatic, military-type assault weapons. RESOLUTION NO. 89 - 12 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AFFIRMING THE CITY'S POSITION IN FAVOR OF A STA~EWIDE BAN ON THE SALE AND POSSESSION OF SEMI-AUTOMATIC, MILITARY-TYPE ASSAULT WEAPONS. PASSED AND ADOPTED this 6th day of March, 1989, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN COUNCILMEMBERS: None COUNCILMEMBERS: None Councilman Valdez requested agendizing City District Election proposal recently discussed at the Santa Clara County Hispanic Forum on February 17th. Council agreed to set the matter for the 7:00 o'clock p.m. Study Session to precede the 8:00 o-clock p.m. regular meeting. Councilman Valdez noted that he would contact the attorney who will present the information to determine if this can be done at the March 20 date. The Mayor requested an analysis of the Voting Rights Act pertaining to this matter. The Mayor requested Councilmembers to write down criteria for sewer plant options prior to the March 13 Study Session. At 10:47 p.m. the Mayor adjourned the meeting. ~tfU1IY suhmitted, , '. atd /,P. Y:I~ City Clerk