Minutes 1990/03/19
1"'".8 i......,
"l - r :
-' ...J,...
Invocation
Posting
Agenda
Roll Call
Proclamation
Emp.Award
Consent
Calendar
Minutes
Budget
Res.90-15
'~', '_,' .... '.:'-:,...: .:.'. .".~.,:_ _.,: ,c-, ,-- '''.;', _'_'" ..'.:,'.' '-C',. "'_ : .' .' ,j,_ -:',,:. ';.:. ".c",,-, ~_:."': :,' '.:'-',:. - '-"'''~O'' '-~-:'."
--'---~--------'----'-"'---
"~":,"-.':"-".-.-"-:.-.:'c-'::".':',."""""r"-',<,,_."--,,,,,"'_,,,,,,,_>:,,,,,,,,,,'.~,,,>m;"""',-,"-...,;".,,.-.'o>
-.,----
Regular Meeting
March 19, 1990
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Elderman Russ Wideman, Seventh Adventist Church gave the
Invocation.
The City Clerk reported that the Agenda had been posted on
March 15, 1990 at 10:40 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.
The Mayor presented a Proclamation for Clean Air Week-May 7,
1990 and Don't Drive Alone Day-May 10, 1990 to a representative
of the American Lung Association.
The Mayor presented the Employee Award for the Month of
February 1990, to Dave Olds, Hazardous Materials Specialist.
Motion was made by Councilman Kloecker, seconded by Coun-
cilman Gage 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
5, 1990;
Approved Budget Transfers and Amendments as presented;
Adopted Resolution No. 90-15 Establishing a $25.00 Fee for
Vehicles Towed and Impounded, (Enabling Ordinance effective 3-22-
90) ;
RESOLUTION NO. 90 - 15
RESOLUTION OF THE CITY COUNCIL OF THE CITY
A FEE FOR VEHICLES TOWED AND IMPOUNDED.
PASSED AND ADOPTED this 19th day of March,
vote:
AYES:
OF GILROY ESTABLISHING
1990, by the following
COUNCILMEMBERS:
GAGE, HALE, KLOECKER,
VALDEZ and HUGHAN
None
None;
MUSSALLEM, NELSON,
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
Res.90-16
Ord.90-5
Imprvmts.
Bids re:
Gilroy Food,
PF-~ .i--au'/lfr
Intro.New
Emp.
Pub. Hear.
Z 89-7
ser-"
/"\ :
. ~ '
Adopted Resolution No. 90-16 Amending Resolution No. 89-11
and 89-46 Regulating Water Use;
Noted Santa Clara Valley Water District Requesting
Continuation of Water Use Restrictions;
RESOLUTION NO. 90 - 16
RESOLUTION
RESOLUTION
PASSED AND
vote:
AYES:
OF THE COUNCIL OF THE CITY OF GILROY AMENDING
NOS. 89-11 AND 89-46 REGULATING WATER USE.
ADOPTED this 19th day of March, 1990, by the following
NOES:
ABSENT:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON,
VALDEZ and HUGHAN
COUNCILMEMBERS: None
COUNCILMEMBERS: None;
Adopted Ordinance No. 90-5 Enacting Chapter 7 of the City
Code Entitled "Cost Comparison system for Fee and Service Charge
Revenue" ;
ORDINANCE NO. 90 - 5
AN ORDINANCE OF THE CITY OF GILROY ENACTING CHAPTER 7 OF THE
GILROY CITY CODE ENTITLED "COST COMPARISON SYSTEM FOR FEE AND
SERVICE CHARGE REVENUE".
PASSED AND ADOPTED this 19th day of March, 1990, by the following
vote:
AYES:
COUNCILME~ERS: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON,
VALDEZ and HUGHAN
COUNCILMEMBERS: None
COUNCILMEMBERS: None; and;
NOES:
ABSENT:
Accepted Improvements for the following projects: Frank G.
Arredono, 7761 Church Street; Rosso's Furniture; Matt Keahey, 7821
ponderosa Drive; Hewell & Sheedy, 8110 Swanston Lane; and 10th st.
Repair & Overlay Project 1989-2.
City Administrator Baksa presented a recommendation of
James M. Montgomery, Consulting Engineers, Inc. to award the bid
of Rain for Rent for the Gilroy Food Processor Wastewater Facility
for the 1990-1991 season.
Motion was made by Councilman Gage seconded by Councilman
Kloecker and carried that the bid of Rain for Rent be awarded for
the 1990-1991 season for the Gilroy Food Processor Wastewater
Facility as recommended.
The Mayor Introduced New Employee: Janie Alexander, Building
Inspector.
The Mayor stated that it was the time and place scheduled
for the Public Hearing to Consider a Rezoning Request from R2 (Two
Family Residential) to R2 PUD (Two Family Residential) Planned
Unit Development District, Z 89-7, Gilroy-Del Monte Properties,
Applicant.
The Mayor noted that due to a conflict of interest she would
not participate in the discussion nor action on the matter, but
would Chair the Public Hearing.
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 the proposal.
Mr. Richard Anderson, representing the applicant addressed
the Council, noting that he was present to answer any questions
concerning the project.
The Mayor asked if there was anyone further in the audience
wi~hing to speak for or against the proposal.
,,- 8 5. fj
,.-~.
.... L.
A/S89-48
Pub.Hear.
Garb. Rates
Mr. Miguel Paredes, addressed the Council in opposition to a
POD designation for development of this property.
The Mayor asked if there was
wishing to speak on the proposal.
anyone in the audience. The Mayor
anyone further in the audience
There was no comment from
closed the Public Hearing.
Motion was made by Councilman Mussallem seconded by
Councilwoman Nelson and carried that the Negative Declaration for
the project be approved.
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.
Council reviewed and discussed A/S 89-48 Planned Unit
Development (Gilroy-Del Monte properties, Inc.) Discussed
Conditions #16 re: Maintenance Agreement and #17 re: Upgraded
Landscaping recommended by the Planning Commission in addition to
Staff's 15 recommended conditions.
Motion was made by Councilman Mussallem seconded by
Councilman Valdez and carried that the Public Hearing be re-opened
in order to hear from Mr. Bill Henry, Garcia & Henry Civil
Engineers of the project.
Mr. Bill Henry, addressed the Council recommending the City
allow proceeding with a Maintenance Agreement with the property
owners rather than a Homeowner's Association requirement.
The Mayor closed the Public Hearing.
Motion was made by Councilman Kloecker seconded by
Councilman Gage and not carried to approve the 17 Conditions by
the following Roll Call Vote: Ayes: Councilmembers: Gage and
Kloecker; Noes: Councilmembers: Hale, Mussallem, Nelson and
Valdez.
Motion was made by Councilman Hale seconded by Councilwoman
Nelson and carried that the recommended 16 Conditions for the
project be approved (eliminating Condition #17). Councilman
Kloecker voted "no" on the motion.
The Mayor stated that it was the time and place scheduled
for a Public Hearing to Consider Revision and Adjustment of
Charges for the Collection of Garbage, Rubbish and Refuse.
A letter from South Valley Refuse Disposal, Inc. regarding
rate increase to cover Curbside Recycling Program was noted and
further explained by City Administrator Baksa.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposal.
Mr. Miguel Paredes, addressed the Council recommending
penalizing those residents that do not recycle their recyclable
materials.
Ms. Suellen Rowlison, 785 Williamsburg Way, addressed the
Council commending them for action taken for the Recycling
Program.
Mr. Victor Guerra, High School Student, addressed the
Council inquiring about discarding used automotive oils.
City Administrator Baksa noted correspondence received from
Debra Pearlman and Susan Gonzales objecting to the proposed $1.00
fee for the recycling program.
The Mayor asked if there was anyone further in the audience
wishing to speak for or against the proposal. There was no
comment from anyone in the audience. The Mayor closed the Public
Hearing.
Sewer Alt.
Res.90-18
PERS
Intro.Ord.
~\853
Motion was made by Councilman Gage seconded by Councilman
Kloecker that the reading of Resolution No. 90-17 be waived and
that it be adopted approving Fees recommended for the Recycling
Program.
RESOLUTION NO. 90 - 17
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY FIXING MAXIMUM
CHARGES FOR THE COLLECTION OF GARBAGE, RUBBISH AND REFUSE.
PASSED AND ADOPTED this 19th day of March, 1990, by the following
vote:
AYES:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, VALDEZ
and HUGHAN
COUNCI LMEMBER : NELSON
COUNCILMEMBERS: None.
NOES:
ABSENT:
(The Mayor deviated from the regular agenda in order to
accommodate interested persons in the audience.)
The Mayor asked if there was anyone in the audience wishing
to speak on any item not on the agenda.
Mr. Ernie Stanford, 7785 Eigleberry Street, addressed the
Council requesting that trucks not be allowed to park on First
Street at least near the driveways to the st. Mary's Cemetery.
The matter was referred to Staff for investigation.
Mr. Oswald Tinsley, Fillipelli Drive, addressed the Council
noting the same problem where Buttercup exits onto Westwood Drive,
as vehicles are parked too close to the driveway, also where
Buttercup exits onto Kern Avenue. The matter was referred to
Staff for investigation.
(Councilwoman Nelson left the Council Chambers at 9:25 p.m. and
returned at 9:27 p.m.)
Mr. Frank Delgado, Gilroy High School Student, addressed the
Council requesting repair of the basketball court asphalt at San
Ysidro Park. The matter was referred to Staff for investigation.
(The Mayor continued with the regular order of the agenda.)
Mr. John Burris, James M. Montgomery Engineers, Inc.
addressed the Council presenting Sewer Alternatives for providing
capacity needed by the Cities of Gilroy and Morgan Hill during
construction of a separate Morgan Hill Plant.
Council set April 9, 1990 at 7:00 p.m. as a Study Session to
further discuss the Sewer Alternatives.
A Resolution of Intention to amend the PERS Contract to
remove the exclusion of "Elected Officials" was presented.
Motion was made by Councilman Gage seconded by Councilman
Kloecker that the reading of Resolution No. 90-18 be waived and
that it be adopted.
RESOLUTION NO. 90 - 18
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY OF INTENTION TO
APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF
ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE
CITY COUNCIL OF THE CITY OF GILROY.
PASSED AND ADOPTED this 19th day of March, 1990, by the following
vote:
AYES:
COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GAGE, HALE, KLOECKER,
VALDEZ and HUGHAN
None
None
MUSSALLEM, NELSON,
Motion was made by Councilman Gage seconded by Councilman
Kloecker and carried that the reading of the proposed ordinance be
waived authorizing the Contract amendment, that it be introduced
and published by title and summary.
5854
90-95 CIP
SCCCA
Filming
Permit
Process
Global
Cities proj.
JPA
City Administrator Baksa presented the 1990-1995 Capital
Improvement Program approved by the Planning Commission and
recommending approval of same by Council.
Motion was made by Councilman Gage seconded by Councilman
Kloecker and carried that the 1990-1995 Capital Improvement
Program be approved.
The Santa Clara County Cities Association Executive Commit-
tee letter regarding Issues for SCCCA 1990 Workplan was noted.
The Mayor requested Council to notify her or the City Clerk for
any issues they may wish to include.
A request of the League of California Cities for compliance
with
AB 4680 (Statham) (Chapter 955, statues of 1988) Motion Picture/
Television Filming Permitting was noted.
Motion was made by councilman Kloecker seconded by
Councilman Gage and carried that the Model Filming Permit Process
as submitted be endorsed and adopted designating the City
Administrator and Alternate, Senior Planner to work directly with
the film industry as recommended.
Council took no action to join the Global Cities Project for
Earthday 1990 Invitation, but agreed to consider supporting
activities by others. Councilman Kloecker noted that Suellen
Rowlison had suggestions for this activity. Council agreed to re-
agendize the matter on the April 2, 1990 Council Agenda.
The following informational items were noted with no
separate discussion on same:
ABAG General Assembly Delegates and Alternates;
Minutes of the Visitor's Bureau Advisory Committee Meeting
of February 1, 1990 and February 1990 Financial Statement;
Bay Air Quality Management District re: The California Clean
Air Act and Transportation Control Measures;
Santa Clara County Traffic Authority re: Air Quality
Litigation;
Proclamations Issued by Mayor Hughan: Arbor Day - March 10,
1990; Week of the Young Child - April 1-8, 1990; Head Start Week -
April 1-8, 1990; Poison Prevention Week - March 18-24, 1990; and
Social Service Work Month - March, 1990;
State Department of Housing and Community Development re:
Participation in the California Natural Disaster Assistance
Program (CALDAP);
Corporal Al Morales, Police Department Employee of the Month
of January, 1990;
South Valley Hospital in appreciation of City Staff;
IGC Solid Waste Committee Second Annual Recycling & Resource
Recovery Workshop, April 25, 1990, County Government Center, San
Jose - 5:00-5:30 p.m. Dinner; 5:30-8:00 p.m. Program;
Catholic Charities in appreciation for funding Homebound
Senior Program; and
County Commission on the Status of Women in appreciation.
Noted the Updated Schedule for the Wastewater Treatment
Plant Facility EIR.
Noted the Minutes of the Joint Powers Sewer Advisory
Committee Meeting of February 27, 1990.
P.& R.Com.
Res.#90-19
Council on
Aging
Hand. Appeals
Board
Lib.& Cult.
Com.Ap.
ABAG
Jt.Meet.
58 5~,
Noted the Minutes of the Parks and Recreation Commission
Meeting of February 20, 1990.
Noted the Minutes of the Senior Advisory Board Meeting of
January 16, 1990.
Noted the Minutes of the Library and Culture Commission
Meeting of January 9, 1990.
Noted the Minutes of the Gilroy Golf Course Advisorty Board
Meeting of January 14, 1990.
City Administrator Baksa noted a public hearing scheduled
for the April 2, 1990 regular Council Meeting to consider increase
in water rates necessary under the Water Conservation Program.
Noted a letter from Roland E. Snyder regarding Water
Conservation.
City Administrator Baksa requested action on a resolution as
an emergency measure in order to receive state assistance for
earthquake loans.
Motion was made by Councilwoman Nelson seconded by
Councilman Hale and carried that action be taken on the proposed
earthquake resolution as recommended.
Motion was made by Councilman Hale seconded by Councilwoman
Nelson that the reading of Resolution No. 90-19 be waived and that
it be adopted.
RESOLUTION NO. 90 - 19
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY FOR AND IN SUPPORT
OF THE STATE OF CALIFORNIA APPLICATIONS FOR FUNDS FOR THE 1989
NORTHERN CALIFORNIA EARTHQUAKE PROJECT APPLICATION FOR STATE OF
CALIFORNIA ASSISTANCE.
PASSED AND ADOPTED this 19th day of March, 1990, by the following
vote:
AYES:
COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GAGE, HALE, KLOECKER,
VALDEZ and HUGHAN
None
None
MUSSALLEM, NELSON
Motion was made by Councilman Kloecker seconded by Council-
man Gage and carried that Waldo W. Mathilainen be appointed as the
City'S Representative to the Advisory Council on Aging for the
unexpired term of June 1991, as recommended by the Mayor.
Motion was made by Councilman Kloecker seconded by Council-
man Hale and carried that the following be appointed to the
Handicapped Appeals Board: Skip Pridham, Paul Kloecker, Barbara C.
Khyan, Laurie Matt and Ben Pappani as recommended, noting that the
appointed members would draw for term expiration dates; ordinance
requirement.
Motion was made by Councilman Gage seconded by Councilman
Kloecker and carried that Dyan S. Tinsley be appointed to the
Library and Culture Commission to fill the unexpired term (1-1-94)
as recommended.
The Mayor noted the ABAG Regional Planning Committee Draft
Policy Statement requesting Council comments prior to April 4,
1990 ABAG meeting.
Noted the Council Study Session scheduled for March 26, 1990
to discuss the Citywide Participation Program, noting Tim Filice,
Chuck Morales and Dave Bouchard wish to be included and requested
Councilmembers inform her of the public members the Council will
invite in order to send them information prior to the meeting.
Noted the Joint Gilroy Council Chamber of Commerce Luncheon
change in date to March 30, 1990 at 12:00 noon at the Forest Park
Inn Conference Room, requesting RSVPs to the City Clerk.
'.'--. (." 5 /'
~. 0"" t-,
...... ",,_i
Adjrnmt.
Councilman Kloecker gave an update on the Congestion
Management Plan.
Councilman Mussallem noted the Legislative Review Council of
the Chamber of Commerce and noted they will have a recommendation
on the SCA 1 proposition.
Councilman Valdez noted he will be working on split shifts
but will not interfere with Monday Council Meetings and study
Sessions and invited Council to his Company's Grand Opening at
7652 Monterey Street on March 30, 1990 with music and entertain-
ment from 5:00 to 7:00 p.m.
Councilman Mussallem requested a list of Council
priorities. City Administrator Baksa noted that same are being
prepared.
At 10:20 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
~~~?d~