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Minutes 1990/06/18 5886 Invocation Posting Agenda Roll Call Consent Calendar Minutes Claims Agree.OMI Imprvmts. Utility Accts. Pub.Hear. G.Filice GPA 86-2 "<'6~;'_'~,:""",,,,,,,,,,,,;e""'''''''''_~~''''~'-'>\;='''-'I;~iZ''''",,ii-'':>:',,,;;"_h>5'--"'--:.""'.:~;.:"'''~..zv~..\-,:::_'..Cii='~''::'',",::i1,''''7X'_,;,:C_:;;;;K',_:;,m - Regular Meeting June 18, 1990 Gilroy, California The Mayor Protempore led the Pledge of Allegiance to the Flag at 8:00 p.m. The Reverend Jack Daley, South Valley community Church, gave the Invocation. The City Clerk reported that the Agenda had been posted on June 14, 1990 at 2:05 p.m. Present: Councilmembers: Donald F. Gage, Leonard A. Hale, Paul V. Kloecker, Larry Mussallem, and Pete Valdez, Jr. Absent: Councilmembers: Sara C. Nelson and Roberta H. Hughan. Mayor Protempore Kloecker noted that the Councilmembers absent were on vacation. Councilman Hale inquired about the claims and Uncollectible Utility Accounts. Council requested a progress report on the status of last fiscal year's delinquent utility accounts that were written off. Motion was made by Councilman Gage, seconded by Councilman Valdez that the following items under the Consent Calendar be approved by the following Roll Call Vote: Ayes: Councilmembers: Gage, Hale, Mussallem, Valdez and Kloecker; Absent: Councilmem- bers: Nelson and Hughan: Approved the Minutes of the Regular Council Meeting of June 4, 1990; Denied the following claims as recommended: Vivian Filli- pelli, Norma Hofer, Josnella Shackleford, Ralph Gonzales and Joseph Arias Jr; Approved Amendment No. 8 to the Agreement for Operations, Maintenance, and Management Services for the Cities of Gilroy and Morgan Hill Wastewater Treatment Plant Facility as recommended; Accepted the following Improvements as recommended: Sound- wall Repair, Category I; Outlet Mall Improvements; 370 Thomkins Court Improvements; 7145 Eigleberry Improvements and 8495 Kern Avenue Improvements; and Authorized write-off of delinquent utility accounts as presented, noting that the City would continue to attempt to collect same but would be deleted from the current ledgers. The Mayor Protempore stated that it was the time and place scheduled for the continued Public Hearing to consider a General Plan Amendment request of Gennero Filice, applicant, GPA 86-2, from Open Space to General Services Commercial which could allow, among other things, a truck stop, fuel station, restaurant and market on property located at 5480 Monterey Highway on approxi- mately 27 acres, continued from 2-16-88; 3-7-88; 5-16-88; 11-7-88; 5-1-89; 11-6-89 and 3-5-90. Pub. Hear. Budget Res.90-31 Budget Res.90-32 Pub. Hear. SewerRates 5887 The Staff Report was noted and further explained by Planning Director Dorn recommending that the EIR be certified and Council take action to deny or continue action for 30 days in order for Staff to provide findings, overriding considerations and mitigation measures. The Mayor Protempore asked if there was anyone in the audience wishing to speak in favor of the proposal. Mr. Gennero Filice, Applicant, 5480 Monterey Street, addressed the Council and thanked Staff for assistance in completing the applicant's requirements. The Mayor Protempore asked if there was anyone in the audience wishing to speak in opposition to the project. There was no comment from anyone in the audience. The Mayor Protempore closed the Public Hearing. Motion was made by Councilman Mussallem seconded by Councilman Gage and carried that the EIR be certified and that Staff be directed to prepare the necessary documents for the findings, mitigation measures and overriding considerations required to complete the General Plan Amendment request, continuing action by Council for thirty (30) days. The Mayor Protempore stated that it was the time and place scheduled to consider the 1990-95 Financial Plan of the City (1990-91 Annual Budget.) City Administrator Baksa explained the Staff Report. The Mayor Protempore asked if there was anyone audience wishing to speak for or against the Budget. comment from anyone in the audience. in the There was no The Mayor Protempore closed the Public Hearing. Discussion was had by Council on the matter. Motion was made by Councilman Gage seconded by Councilman Valdez that the reading of Resolution No. 90-31 be waived and that it be adopted approving the 1990-91 Budget for the City of Gilroy. RESOLUTION NO. 90 - 31 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING THE BUDGET FOR SAID CITY FOR FISCAL YEAR 1990-1991 AND APPROPRIATING PROPOSED EXPENDITURES FOR PURPOSES SET FORTH IN BUDGET. PASSED AND ADOPTED this 18th day of June, 1990 by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GAGE, HALE, VALDEZ and KLOECKER COUNCILMEMBERS: MUSSALLEM COUNCILMEMBERS: NELSON and HUGHAN Motion was made by Councilman Mussallem seconded by Council- man Hale that the reading of Resolution No. 90-32 be waived and that it be adopted creating a Library Trust Fund as recommended. RESOLUTION NO. 90 - 32 A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING A LIBRARY TRUST FUND. PASSED AND ADOPTED this 18th day of June, 1990 by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, MUSSALLEM, VALDEZ and KLOECKER None NELSON and HUGHAN NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: The Mayor Protempore stated that it was the time and place scheduled for a Public Hearing to consider revision and adjustment of rates and charges for municipal sewer service. 5888 Res.90-33 Pub. Hear. Rezoning Z-90-3 Pub. Hear. Zon.Ord. Text Amend. Z 90-4 City Administrator Baksa explained the staff Report. The Mayor Protempore asked if there was anyone in the audience wishing to speak for or against the proposed revisions and adjustments of sewer rates and charges. There was no comment from anyone in the audience. The Mayor Protempore closed the Public Hearing. Motion was made by Councilman Mussallem seconded by Councilman Gage that the reading of Resolution No. 90-33 be waived and that it be adopted. RESOLUTION NO. 90 - 33 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING RATES FOR SANITARY SEWER SERVICE. PASSED AND ADOPTED this 18th day of June, 1990 by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, MUSSALLEM, VALDEZ and KLOECKER COUNCILMEMBERS: None COUNCILMEMBERS: NELSON and HUGHAN NOES: ABSENT: The Mayor Protempore stated that it was the time and place scheduled for a Public Hearing to consider a rezoning from R1 (Neighborhood Commercial) District to R2 (Two Family Residential) District at 163 Third Street, between Church and Eigleberry Streets, Thomas A. Carr and Frank J. Caliri, applicants, Z 90-3. The Staff report was noted and further explained by Planning Director Dorn. The Mayor Protempore asked if there was anyone in the audience wishing to speak for or against the proposal. There was no comment from anyone in the audience. The Mayor Protempore closed the Public Hearing. Motion was made by Councilman Gage seconded by Councilman Hale and carried that the reading of the proposed ordinance approving the rezoning request be waived, the ordinance be introduced and published by title and summary. The Mayor Protempore deviated from the regular agenda in order to accommodate interested persons in the audience. The Mayor Protempore stated that it was the time and place scheduled for a Public Hearing on a Zoning Ordinance Text Amend- Amendment request of The Gilroy Downtown Development Corporation, applicant, requesting to allow more signage for downtown businesses, Z 90-4. The Staff Report was noted and further explained by Planning Director Dorn. The Mayor Protempore asked if there was anyone in the audience wishing to speak for or against the proposal. Mr. David Peoples, President of the Downtown Development Corporation addressed the Council noting that they are in favor of the proposed amendment and would like to be notified of future sign applications. Mr. Tom Carmichael, addressed the Council inquiring of the height requirements for signs requesting that the signs be as low as possible but at a safe level. The Mayor Protempore asked if there was anyone further in the audience wishing to speak on the matter. Mr. Miguel Paredes, addressed the Council in regard to small signs being a detriment to the businesses. The Mayor Protempore asked if there was anyone further in the audience wishing to speak. There was no comment from anyone in the audience. The Mayor Protempore closed the public hearing. Pub.Hear. Z-90-5 parking Fee Res.90-34 Satellite Recl.Plants Emerg.Med. Tech.Defib. Program Res.90-35 Undrgrd. Util. Fees h800Q -.,) 7 Motion was made by Councilman Mussallem seconded by Councilman Hale that the reading of a proposed ordinance approving the Zoning Ordinance Text Amendment be waived, that it be introduced and published by title and summary. The Mayor Protempore noted the Public Hearing to consider a Zoning Ordinance Text Amendment request of the Gilroy Auto Dealers, applicant, Z 90-5 needed to be continued since the Planning Commission continued their hearing to July 5, 1990. Motion was made by Councilman Mussallem seconded by Councilman Hale and carried that the Public Hearing to consider a Zoning Ordinance Text Amendment request of the Gilroy Auto Dealers be continued to the July 16, 1990 regular Council Meeting. A recommendation on permit fee for Special Parking Permits as provided by Ordinance No. 90-11 (effective 6-20-90) was noted and further explained by City Administrator Baksa. The Mayor Protempore asked if there was anyone in the audience wishing to speak on the matter. There was no comment from anyone in the audience. Motion was made by Councilman Mussallem seconded by Coun- cilman Gage that the reading of Resolution No. 90-34 be waived and that it be adopted fixing a $10.00 permit fee as provided for under Ordinance No. 90-11. RESOLUTION NO. 90 - 34 A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING A PERMIT FEE FOR SPECIAL PARKING PERMITS AS PROVIDED FOR IN THE CITY CODE SECTION 15.60(3). PASSED AND ADOPTED this 18th day of June, 1990 by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, MUSSALLEM, VALDEZ and KLOECKER None NELSON and HUGHAN NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: City Administrator Baksa presented an updated policy State- ement for Satellite Reclamation Facilities, noting general water shed areas for same. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that the updated Policy Statement for Satellite Reclamation Facilities be approved as presented. City Administrator Baksa presented and explained a recom- mendation to adopt the Emergency Medical Technician Defibrilla tion Program. Motion was made by Councilman Hale seconded by Councilman Gage that the reading of Resolution No. 90-35 be waived and that it be adopted, adopting the Emergency Medical Technician Defibrillation Program as recommended. RESOLUTION NO. 90 - 35 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING AN EMERGENCY MEDICAL TECHNICIAN DEFIBRILLATION PROGRAM. PASSED AND ADOPTED this 18th day of June, 1990 by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, MUSSALLEM, VALDEZ and KLOECKERl COUNCILMEMBERS: None COUNCILMEMBERS: NELSON and HUGHAN NOES: ABSENT: Noted requests for exemption of Underground Utility Fees further explained by City Administrator Baksa. Maria Melo, addressed the Council further explaining her request for exemption of the underground utility fees for a proposed project in the old quad. h 8('ln )' ,/ (, ; "-"" .;' ,'"'", Pub. Hear. Zon.Ord. Text Amend. Alcohol Tax Mr. Ralph Zertuche, 164-4th street, addressed the Council suggesting that a deed restriction be placed upon the property if the City does not grant exemptions for properties in the old quad. Mr. Rich Robinson, addressed the Council further explaining his request for exemption for property on Fifth street. Motion was made by Councilman Gage seconded by Councilman Valdez and carried that Staff be directed to locate areas in the old quad that would warrant an exemption from the underground utility fees for action by Council at a later date. The Mayor Protempore asked if there was anyone in the audience wishing to speak on any matter not on the agenda. There was no comment from anyone in the audience. The Mayor Protempore continued with the regular order of the agenda. At 9:38 p.m. Councilman Mussallem left the Council Chambers. The Mayor Protempore stated that it was the time and place scheduled for a Public Hearing on a Zoning Ordinance Text Amend- ment request initiated by the City of Gilroy to change Gilroy's Zoning Ordinance in several areas, including definitions (religious institution), Residential, Commercial and Industrial Use Tables, Sign Regulations, Zone Boundaries, RH District, Residential Site and Building Requirement Table, Historic Site Accessory Buildings, Performance Standards, Public Service Exceptions, Outdoor Sales-Public Property, Non-Conforming Uses and Buildings, and Architectural and Site Approval, Z 90-2. The Staff report was noted and further explained by Planning Director Dorn. At 9:40 p.m. Councilman Mussallem returned and took his seat at the Council table. Council discussed each proposed amendment through #22. Changed the word "and" to "or" in the heading of #13. Council requested the Planning Commission be directed to study the matter of magnetic signs for a possible zoning ordinance amendment at a later date. The Mayor Protempore asked if there was anyone in audience wishing to speak for or against the proposals. no comment from anyone in the audience. the There was Motion was made by Councilman Mussallem seconded by Councilman Gage to introduce an ordinance to include approval of the twenty-two Zoning Ordinance Text Amendments discussed, proposed and recommended. A substitute motion was made by Mayor Protempore Kloecker seconded by Councilman Valdez to approve all of the proposed amendments except 17 and #22. Motion failed by the following vote: Ayes: Councilmembers: Kloecker and Valdez; Noes: Councilmembers: Gage, Hale and Mussallem. The original motion was reinstated to approve the Zoning Ordinance Text Amendments #1 through 122 with the introduction of an ordinance to be published by title and summary. Council took no action on a request of the City of Benecia for financial support to defend their Exxon Law Suit. A request of the City of Sacramento for support regarding California Alcohol Tax Act of 1990 was noted. Motion was made by Councilman Valdez seconded by Councilman Gage that the City support the City of Sacramento regarding the California Alcohol Tax Act of 1990. Res.90-36 Plan. Com. 6-7-90 JPA Pers.Com. 6-11-90 r 8 c.' ." ~ 4 ...) .7 A substitute motion was made by Councilman Hale seconded by Councilman Mussallem to defer action until the next regular Council Meeting of July 2, 1990. Councilmembers: Gage, Kloecker and Valdez voted "no" on the motion. The original motion to support the City of Sacramento's request failed by the following vote: Ayes: Councilmembers: Gage, Kloecker and Valdez; Noes: Councilmembers: Hale and Mussallem. It was noted that four votes are required to approve and the matter would be reagendized on the next agenda for a full vote of the Council. Motion was made by Councilman Hale seconded by Councilman Gage that the reading of Resolution No. 90-36 be waived and that it be adopted, adopting procedures for obtaining certification from POST for the Public Safety Dispatcher Program. RESOLUTION NO. 90 - 36 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING PROCEDURES FOR OBTAINING CERTIFICATION FROM POST FOR THE PUBLIC SAFETY DISPATCHER PROGRAM. PASSED AND ADOPTED this 18th day of June, 1990 by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, MUSSALLEM, VALDEZ and KLOECKER COUNCILMEMBERS: None COUNCILMEMBERS: NELSON and HUGHAN NOES: ABSENT: The following informational items were noted with no separate discussion on same: Regional Activities in October 1992 for 500th Anniversary of Christopher Columbus' First Voyage to the New World; Planning staff Approvals, dated May 31, 1990; Monthly Cash and Investments Report, April 30, 1990; Helen Putnam Award for Excellence - Nomination Deadline 8-1- 90; and Minutes of the Housing Task Force Meetings of May 15, 1990 and June 5, 1990. The Report of the Planning Commission Meeting of June 7, 1990 was noted. It was noted that there was no change in the Sewer Plan EIR Process update from 6-4-90. The Minutes of the Personnel Commission Meeting of June 11, 1990 were noted. Motion was made by Councilman Valdez seconded by Councilman Gage and carried that the amended job descriptions for Administra- tive Secretary, Chief of Police, Director of Public Works and Housing/Code Inspector and the reclassification and salary range for Associate Civil Engineer be approved as recommended. City Administrator Baksa gave an update on the Water Conservation Program. City Administrator Baksa noted a successful concert for the first event of the Consert Series at Christmas Hill Park and encouraged Councilmembers to attend. City Administrator Baksa noted progress of the City Hall Construction Project. City Administrator Baksa noted the Golf Course Pro Shop had arrived and will be set in place this week. lS892 Adjrnmt. City Administrator Baksa noted the bids for the Cable TV programming of Council meetings, etc. will be presented to Council at the July 2, 1990 regular meeting. City Adminisrator Baksa noted City/county Relations has been scheduled for the Council study Session prior to the July 2, 1990 regular Council Meeting. City Administrator Baksa distributed statistics on droughts. City Administrator Baksa noted Ground Breaking Ceremonies of Route 152 Project scheduled for June 26, 1990. Councilmembers noted they received individual invitations for same. The Mayor Protempore requested Councilmembers to submit their nominations for the Citizen's Participation Program Task Force. Councilman Kloecker noted that the Recycling Committee is investigating the possibility of recycling poly styrene products. The Mayor Protempore noted the following meetings: Joint Council/Planning Commission study Session July 9, 1990 - 7:00 p.m. to discuss the Geneal Plan Housing Element update; Joint Gilroy/Morgan Hill City Councils' Special Meeting of July 1, 1990 - 7:00 p.m. in Morgan Hill re: Certification of Sewer EIR and Discussion and Selection of Alternative for the Long Range Sewer Plan, Adoption of Findings, Mitigations, Statement of Overriding Considerations and Monitoring Program; and the Annual City Barbecue, August 18, 1990 - 4:30 p.m./11:00 p.m. at Christmas Hill Park. At 11:02 p.m. motion was made by Councilman Gage seconded by Mayor Protempore Kloecker to adjourn the meeting in memory of Marion T. Link, retired Councilman. Respectfully submitted, A~?.~~