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Minutes 1990/05/07 Invocation Posting Agenda Roll Call Intro. Consent Calendar Minutes Ord.90-~ Budget Bid re: City Hall Exp.Proj. Bids re: Computer Software Bids re: Computer Hardware C:S69 Regular Meeting May 7, 1990 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. The Reverend Jim Johnson, South Valley Church gave the Invocation. The City Clerk reported that the Agenda had been posted on May 3, 1990 at 3:26 p.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 introduced new employee, Marilyn A. Guerin, Clerk Typist I, Public Works Department. 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: Councilmembers: Gage, Hale, Kloecker, Mussallem, Nelson, Valdez and Hughan: Approved the Minutes of the Regular Council Meeting of April 16, 1990; Adopted Ordinance No. 90-9 Rezoning 1.1 Acres located at the Northwest Corner of princevalle street and Georgetown Place from PO (Professional Office) to R1 (Single Family Residential) District, (Gilroy Medical Dental Center Z 89-6); ORDINANCE NO. 90 - 9 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE SAID CITY BY REZONING 1.1 ACRES AT THE NORTHWEST CORNER OF PRINCEVALLE STREET AND GEORGETOWN PLACE FROM PO (PROFESSIONAL OFFICE) DISTRICT TO R1 (SINGLE FAMILY RESIDENTIAL) DISTRICT. PASSED AND ADOPTED this 7th day of May, 1990 by the following vote: AYES: OF COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GAGE, HALE, KLOECKER, VALDEZ and HUGHAN None None; and MUSSALLEM, NELSON, Approved Budget Amendments and/or Transfers as recommended. City Administrator Baksa presented and explained a recommenda- tion to award the bid of Hampshire Construction in the amount of $982,200 for the City Hall Expansion Project. Motion was made by Councilman Kloecker seconded by Councilman Gage and carried that the bid of Hampshire Construction in the amount of $982,200 be awarded as recommended for the City Hall Expansion Project. City Administrator Baksa presented and explained a recom- mendation on the proposal of Quadrant Systems in the amount of $13,890.00 for the Software portion of the City'S Cash Receipts System. Motion was made by Councilman Kloecker seconded by Councilman Valdez and carried that the proposal of Quadrant Systems in the amount of $13,890 be awarded to Quadrant Systems in the amount of $13,890 for the Software portion of the City's Cash Receipts System as recommended. City Administrator Baksa presented and explained a recommendation on the bid of Automated Business Center in the amount of $24,088.35 for Cash Receipts Hardware. 5870 Pub. Hear. Wheeler GPA 89-4 & Low Z 89-5 Pub. Hear. TM 90-1 DelMonte Motion was made by Councilman Gage seconded by Councilman Valdez and carried that the bid of Automated Business Center in the amount of $24,088.35 be awarded for Cash Receipts Hardware as recommended. The Mayor stated that it was the time and place scheduled for the Continued Public Hearings to consider a General Plan Amendment and rezoning requests respectively, from Park/public Facility to Density Residential and rezoning from PF (Public Facility) to R1 (Single Family Residential) District, on property located at 651 Sixth Street, between Carmel and princevalle Streets, on approxi- mately 3.75 acres, Wheeler Hospital Association, Applicant, GPA 89-4 and Z 89-5. She noted the applicant's letter requesting continuance to the May 21, 1990 regular Council Meeting. (Contd. from 2-20-90 and 4-16-90.) Motion was made by Councilman Hale seconded by Councilman Gage and carried to continue the Continued Public Hearings to May 21, 1990 regular Council meeting as requested. The Mayor deviated from the regular order of the agenda in order to accommodate interested persons in the audience. The Mayor stated that it was the time and place scheduled for the Public Hearing to consider a Tentative Map request to build 24 townhouses at the south side of Third Streets, between Church and Rosanna Streets on approximately 2.32 Acres, Ed Mattos (Gilroy-Del Monte Properties) applicant, TM 90-1. The Staff Report was noted and further explained by Planning Director Dorn, noting Condition #13 allowing for retaining the existing oak tree. The Mayor asked if there was anyone present in the audience wishing to speak for or against the proposal. Students of St. Mary'S School addressed the Council requesting that the existing oak tree remain on the property. Mrs. Lael McCormack, 7621 Filice Drive, addressed the Council requesting preserving the existing oak tree and commending the students from st. Mary's School. She submitted petitions and letters from the students and proposed a plaque (Sarah Marie Severance Tree) be erected in memory of Sarah Marie Severance. Representatives of St. Mary'S School addressed the Council and thanked them for listening to the students. Mr. Jim Hoey, partner in Gilroy/Del Monte Developers, addressed the Council noting his presence and that they are in agreement with the Staff recommendations. The Mayor asked if there was anyone further in the audience wishing to speak. There was no comment from anyone in the audience. The Mayor closed the Public Hearing. Discussion was had by Council on the matter. Motion was made by Councilman Gage seconded by Councilman Mussallem that the reading of Resolution No. 90-26 be waived and that it be adopted approving the Tentative Map with the conditions recommended by the Planning Commission. RESOLUTION NO. 90 - 26 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING A TENTATIVE MAP FOR 24 RESIDENTIAL LOTS ON APPROXIMATELY 2.3 ACRES ON THE SOUTH SIDE OF THIRD STREET BETWEEN CHURCH AND ROSANNA STREETS. PASSED AND ADOPTED this 7th day of May, 1990 by the following vote: Pub. Hear. Zon.Ord. Text Amend. Z 90-1 Pub.Hear. Comp.Fee Schedule Res.90-27 t::Q'71 <' U i I AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON, VALDEZ and HUGHAN COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: The Mayor stated that it was the time and place scheduled to consider a Zoning Ordinance Text Amendment to allow churches in M1 and M2 (Industrial) Districts, Z 90-1. 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. Robert Achilles, 881 Welburn Avenue, Pastor of the Church and applicant, addressed the Council further explaining their request. 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. Discussion was had by Council on the matter. Motion was made by Councilman Mussallem seconded by Councilwoman Nelson and carried that the proposed ordinance be introduced to allow churches in an M1 (Limited Industrial) District only, the reading be waived and that it be published by title and summary. The Mayor stated that it was the time and place scheduled for the Public Hearing to consider revisions and adjustments to the Comprehensive Fee Schedule. The Staff Report 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. Jack Schenk, Shapell Industries, addressed the Council in opposition to the proposed park development fees. Police Officer, Joe Ramirez, representing the GPOA addressed the Council requesting that the Police Special Services Fee remain at $25.00 to encourage citizens to use this service. City Admini- strator Baksa noted that at the current salary the fee would be approximately $27.00. Mr. Jack Schenk addressed the Council and inquired if there could be credits given in lieu of fees for open space dedications. City Administrator Baksa noted that this would be a negotiable item. 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. Councilwoman Nelson inquired if the City'S rentals are at market rates. Motion was made by Councilman Gage seconded by Councilman Valdez that the reading of Resolution No. 90-27 be waived and that it be adopted approving the revisions and adjustments to the Comprehensive Fee Schedule as recommended. RESOLUTION NO. 90 - 27 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY REVISING THE COMPREHENSIVE SCHEDULE OF FEES CHARGED BY ALL DEPARTMENTS OF THE CITY. PASSED AND ADOPTED this 7th day of May, 1990, by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, VALDEZ and HUGHAN .'- 8 7 ').... J i L Satellite Treat. Plants Sandrino's Rest. Pkg. '88 Unit. Fire Code Res. 90-28 NOES: ABSENT: COUNCILMEMBER: NELSON COUNCILMEMBERS: None Discussion was had regarding Reclamation Satellite Plant concept and the Staff Memo from Senior Planner Myer regarding City policies regarding package (satellite) treatment plants was noted and further explained by City Administrator Baksa. Council requested that the matter be referred to the Joint Powers Sewer Advisory Committee and the Mayor directed Staff to study the matter, prepare a policy statement, time line and procedural list for a satellite plant. Discussion was had regarding the parking in the vicinity of Sandrino's Restaurant and the City Attorney's proposed ordinance was noted to allow for special parking permits to residents in the area of those areas marked "no parking." Mr. Mark Komorowski, 7821 Hanna Street, addressed the Council and requested that the "no parking" be set from 10:00 p.m. to 6:00 p.m. to curtail the intoxicated crowd from parking in front of the residences in the immediate vicnity of Sandrino's Restaurant. Mr. David Bettencourt, 7831 Hanna Street, addressed the Council and suggested that the "no parking" begin at 8:00 p.m. Council requested that the interested residents conduct a survey of the residents in the area to determine what hours they desire no parking in front of their residences and present to Council at the next regular meeting (5-21-90). It was noted that the hours would be established by resolution if the ordinance is adopted. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that a proposed ordinance enacting Section 15.60 (3) of the City Code pertaining to permit no parking areas be introduced, the reading waived and that it be published by title and summary to allow for special parking permits to residents in areas marked "no parking". Councilwoman Nelson voted "no" on the motion. The recommendation to adopt the 1988 Edition of the Uniform Fire Code with amendments, excluding Article 90 regulating facili- ties where materials which are or which may become toxic gases are found, was noted and further explained by City Administrator Baksa, Public Safety Director Gillespie and Assistant Fire Chief Pavao. Discussion was had by Council on the matter. Motion was made by Councilman Kloecker seconded by Councilman Gage that the reading of Resolution No. 90-28 be waived and that it be adopted excluding Article 90 regulating facilities where materials which are or which may become toxic gases are found. Discussion was had by Council on the matter. Mr. Ian Myers, Facility Engineer of Gilroy Foods, Inc. addressed the Council for clarification of idle pallets and requested that food products be exempt from sprinklers in the ducts. It was noted that this would not be a problem to Gilroy Foods as written. RESOLUTION NO. 90 - 28 RESOLUTION FIRE CODE, PASSED AND vote: AYES: OF THE COUNCIL OF THE CITY OF GILROY ADOPTING UNIFORM 1988 EDITION, WITH MODIFICATIONS. ADOPTED this 7th day of May, 1990, by the following NOES: ABSENT: COUNCILMEMBERS: GAGE, KLOECKER, MUSSALLEM, VALDEZ and HUGHAN COUNCILMEMBERS: HALE and NELSON COUNCILMEMBERS: None County Applics. Recess A.Fortino Prop.-Mesa Rd. Cong.Mgmt. Plan ABAG Timber Initiative r:.p7?- .. u. _., The Staff Reports and City's response re: county applica- tions (Green Valley Drive, CR 90-06 and north of Fitzgerald Avenue, CR 90-09) were noted. Councilman Kloecker requested that Council be advised of the County's action on the applications. The Mayor asked if there was anyone present in the audience wishing to speak on any matter not on the agenda. Mr. Jim Hoey, 7554 princevalle street, addressed the Council requesting that local builders be advised of significant fee changes prior to their adoption of same. At 10:21 p.m. the Mayor declared a recess, and reconvened the meeting at 10:30 p.m. A request of Gene Wells to continue a request for proposed improvements of Mesa Road adjoining the Albert Fortino Property to May 21, 1990 regular Council Meeting was noted and approved. A request of Supervisor McKenna for approval of the Conges- tion Management Revised proposal, including City's response was noted and further explained by Councilman Kloecker, further re- questing that copies be forwarded the Transportation Agency and Golden Triangle Task Force. He further recommended that Proposi- tions 108, 111 and 116 be agendized for Council to take a position on same. Motion was made by Councilman Kloecker seconded by Council- woman Nelson and carried that the City's response to the Conges- tion Management Revised proposal be approved and forwarded as presented. Council requested printed material regarding pros and cons of Propositions 108, 111 and 116 be included on the May 21, 1990 Council Agenda for the City to take a position on same. The ABAG proposed Regional Land Use Policey Framework for the San Francisco Bay Area was noted. Councilman Kloecker agreed to draft a letter with Council input. A letter from the City of Fortuna requesting a resolution for support of a proposed Timber Industry Initiative was noted. Motion was made by Councilman Mussallem seconded by Councilwoman Nelson and carried that the City of Gilroy supports the proposed Timber Industry Initiative. Mayor Hughan voted "no" on the motion. The following informational items were noted with no separate discussion on same: Santa Clara County Library Formula for Allocation of Personnel & Book Budgets 1990-1991; Proclamations Issued by Mayor Hughan: Peace Day - May 20, 1990 and Month of Peace - May 1990; Earth Day - April 22, 1990 and Earth Week - April 15-22, 1990; Aids Week - April 23-29, 1990; Water Awareness Month - May 1990; Senior Citizens' Month - May 1990; Sober Graduation & Senior Week May 28-June 1, 1990; and 44th Anniversary of the Founding of the Italian Republic - June 5, 1990; Minutes of the Visitor's Bureau Advisory Committee Meeting of March 1, 1990 and March 1990 Financial Statement; South Valley Refuse Disposal, Inc. Mini-Scholarship for City Recreation Programs; Metropolitan Transportation Commission re: the Regional Transportation Improvement Program (RTIP); California Charter Cities: Comparison of Business License Tax Revenues; Minutes of the Housing Task Force Meetings of April 10 and 19, 1990; 5874 JPA Plan. Com. 5-3-90 Landscpe. Policy Bldg.Bd.of Appeals P.& R.Com. 4-17-90 Water prog. Fin.Plan Pub.Saf.Dir Minority Under-Rep. Task Force Citizens' Part. prog. Emergency Housing Consortium, Inc. re: Community Response to The Needy; Planning Staff Approvals, dated April 26, 1990; Gilroy Chamber of Commerce in Appreciation; Assemblyman Lloyd G. Connelly re: Funding Provisions for the California Wildlife Protection Act, Proposition 117 on the June 1990 Ballot; and Population Information. The Sewer Plan EIR Process Update was noted. The Report of the Planning Commision Meeting of May 3, 1990 was noted. Council requested that the recommendation of the Planning Commission to amend the City's existing Consolidated Landscaping Policy by adding a new Section titled "Water Conservation Require- ments" be tabled to the May 21, 1990 Council regular meeting due to the late hour. The Minutes of the Building Board of Appeals meeting of April 18, 1990 were noted. The Minutes of the Parks and Recreation Commission Meeting of April 17, 1990 were noted. The Minutes of the Senior Advisory Board Meeting of March 19, 1990 were noted. The Minutes of the Library and Culture Commission Meeting of March 13, 1990 were noted. The Minutes of the Gilroy Golf Course Advisory Board Meeting of March 20, 1990 were noted. City Administrator Baksa noted the April 20, 1990 Update on the Water Conservation Program. City Administrator Baksa presented and distributed the 1990- 1995 Financial Plan. City Admiministrator Baksa noted the Public Safety Director's request to return to the position of Fire Chief in approximately 4-6 months. City Administrator Baksa distributed Tree City USA pins to Councilmembers, presented to the City for its 11 year designation of Tree City USA. City Administrator Baksa distributed a Council meeting schedule for May and June 1990. Council had no objection to same. Council requested Staff contact other cities to determine if they have an Oak Tree Ordinance as presented by Lael McCormack for Council consideration. The Mayor recommended the appointment of the following to the Minority Under-Representation Task Force: Darrel E. Kelly, Leila C. Arias, Jorge Mercado, Polly Mercado, Susan Gareis, Steve Marquez, and Steve Andrade. Motion was made by Councilman Valdez seconded by Councilman Kloecker and carried that the Mayor's recommendation for appoint- ments to the Minority Under-Representation Task Force be approved as presented. The Mayor recommended Council proceed with the Citywide Citizens' Participation Program as outlined. Discussion was had by Council on the matter. Motion was made by Councilman Kloecker Co.Green- belt Com. Truck Pkg. Council Meetings Meetings Adjrnmt. 5875 seconded by Councilman Valdez that the City proceed with the City- wide Citizens' Participation Program as outlined by the Mayor to not exceed $12,000.00 for professional services of David Jones by the following Roll Call Vote: Ayes: Councilmembers: Gage, Hale, KLoecker, Valdez and Hughan; Noes: Councilmembers: Mussallem and Nelson. Motion was made by Councilman Valdez seconded by Councilman Kloecker and carried that $1500.00 maximum be established for the Consultant's expenses, materials, travel, etc. The Mayor noted her appointment of Parks & Recreation Commissioner, Todd Perkins, to the County Greenbelt Implementation Committee. Councilman Gage inquired of the status of the truck parking issue on Murray Avenue. It was noted by Staff that the Tow Away signs were on order. Councilman Gage requested review of the Brem Lane and South Monterey areas regarding truck parking for further action by Council on same. Councilman Gage suggested changing the regular Council meetings from 8:00 p.m. to 7:00 p.m. The City Attorney noted that this would be an ordinance amendment to be considered for such change. Council requested that same be agendized on the next regular Council Meeting Agenda. Councilman Gage noted that he has been assigned to finance on the Drug Abuse Council and requested Councilmember assistance to participate on the Fund Raising Committee of said Task Force. Councilman Kloecker noted that consideration will be given to recycling yard waste and Council should view the recycling center to view what is being recycled. Councilwoman Nelson noted for Council information that the trucks are a problem for the Forest Park Inn business. Councilman Mussallem suggested a forum be conducted for Supervisor candidates on the June 1990 ballot. The Mayor noted that she would attempt to find a non-profit organization to sponsor same. The Mayor noted the Joint Study Session Dinner Meeting of the Gilroy/Morgan Hill City Councils', May 14, 1990 - 6:30 p.m. at the Gilroy Senior Center, 7371 Hanna Street, Gilroy, CA re: Discussion of Sewer Alternatives. The Mayor noted the Joint Special Meetings of the Gilroy/Morgan Hill City Councils', June 5, 1990 - 7:30 p.m. and June 11, 1990 - 7:00 p.m., Morgan Hill City Council Chambers, 17555 Peak Avenue, Morgan Hill, CA re: Discussion of Potential Certification of Sewer EIR and Selection of Sewer Plan Alternatives. The Mayor noted that she received a compliment from a spectator that works with cities, noting that the City of Gilroy Council works effectively and efficiently compared to most other Councils. At 11:50 p.m. the Mayor adjourned the meeting. Respectfully submitted,