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Minutes 1992/04/20 Invocation Posting Agenda Roll Call Special. 0 Emp.Award Growth Task Force SCVWD , ... , ; Regular Meeting April 20, 1992 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Dr. Joe Caldwell, First Baptist Church gave the Invocation. The City Clerk noted that the Agenda had been posted on April 16, 1992 at 10:50 a.m. Present: Councilmembers: Mike Gilroy, Leonard A. Hale, Paul V. Kloecker, Sara C. Nelson, Suellen C. Rowlison, Pete Valdez Jr. and Donald F. Gage; Special Olympics participants presented Council with Special Olympics T-shirts and invited Council to the Track & Field Event May 2, 1992. Presented the Employee of the Month Award for March 1992 to Karen Pogue, Secretary - Public Works Department. Jack Pate, Chairman of the Gilroy Growth Task Force Selection Committee addressed the Council and presented the Committee's report and recommendation for appointments to the Residential Growth Task Force Committee. The Mayor suggested that two additional appointments be made to the Committee from Hispanic background with nominations from the Gilroy Hispanic Chamber of Commerce. Discussion was had by Council on the matter. Motion was made by Councilman Kloecker seconded by Councilwoman Rowlison that the recommendation of the Selection Committee be accepted and the 15 nominations be appointed and request the Gilroy Hispanic Chamber of Commerce to participate and nominate two additional applicants with one applicant that has a slow-growth opinion and one applicant that has a pro-growth opinion, if possible, and that their nominations be selected by the same process and application used by the Growth Task Force Selection Committee by conferring with the Chairman, to determine the process that they used; that this process be completed within two (2) weeks for Council consideration on the two additional appointments. Further discussion was had by Council on the motion. Councilman Valdez called for the question, seconded by Councilman Kloecker. The Mayor requested a vote on the main motion. The City Attorney advised that after the call for the question the Mayor can proceed forward for a vote on the main motion. Councilwoman Nelson disagreed and believed that the call for the question requires a vote under Roberts Rules of Order. The City Attorney suggested proceeding with the next order of business and she would check Roberts Rules of Order on the matter. Mr. Joe Pandit, Santa Clara Valley Water District Director, addressed the Council regarding their proposed water rates. The City Attorney reported that previous advice on the "Call for the question" was in error and that after checking Roberts Rules of Order the "Call for the question" purpose is to limit debate and if there is no objection the Chair orders the main motion vote; if objection the Chair calls for a second and then no debate on the motion to call for question, but immedi- ately calls for a vote to stop debate and this requires a 2/3 vote (5 ayes) to pass. Roll Call on the call for question: Councilmembers: Ayes: Kloecker, Rowlison, Valdez and Gage; Noes: Councilmembers: Gilroy, Hale, and Nelson. Motion failed and Council returned to debate the original motion regarding two additional members on If'" 'I .. l} l ,-} ,""'" Consent Calendar Budget Res.92-24 Res.#92-25 Minutes the Residential Growth Task Force Committee. Discussion was had on the motion. The Mayor repeated the original motion made by Councilman Kloecker seconded by Councilwoman Rowlison and carried by the following vote to accept the recommendation of the Selection Committee and appoint the 15 applicants and request the Gilroy Hispanic Chamber of Commerce participate and nominate two additional applicants with one applicant that has a slow-growth opinion and one applicant that has a pro-growth opinion, if possible, and that their nominations be selected by the same process and application used by the Growth Task Force Selection Committee by conferring with the Chairman, to determine the process that they used; that this process be completed within two (2) weeks for Council consideration on the two additional appointments: Ayes: Councilmembers: Hale, Kloecker, Rowlison, Valdez and Gage; Noes: Councilmembers: Gilroy and Nelson. Councilmembers Gilroy and Nelson voted "no" on the motion and requested that the reason for their vote be entered in the record: if minority representatives of the City were to be mandatory for the make-up of the Growth Task Force Committee this should have been clearly stated in the original criteria established for the Selection Committee to follow. Motion was made by Councilwoman Rowlison seconded by Councilman Hale that the following items under the Consent Calendar be approved as recommended by the following Roll Call Vote: (removing Items "A" and "E" to vote separately on same) Ayes: Councilmembers: Mike Gilroy, Leonard A. Hale, Paul V. Kloecker, Suellen C. Rowlison, Pete Valdez, Jr. and Donald F. Gage; Noes: Councilmember: Sara C. Nelson: Approved Budget Amendments/Transfers as recommended; Adopted Resolution No. 92-24 designating the County Division of Environmental Health as the countywide Solid Waste Local Enforcement Agency (LEA); RESOLUTION NO. 92 - 24 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING THE DESIGNATION OF THE SANTA CLARA COUNTY DIVISION OF ENVIRONMENTAL HEALTH AS ENFORCEMENT AGENCY FOR CITIES WITHIN THE COUNTY (EXCLUSIVE OF THE CITY OF SAN JOSE). PASSED AND ADOPTED this 20th day of April, 1992, by the follow~ng vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBER: COUNCILMEMBERS: GILROY, HALE, KLOECKER, VALDEZ and GAGE NELSON None ROWLISON, Adopted Resolution No. 92-25 designating the Solid Waste Commission of Santa Clara County as Local Task Force under AB 9393. RESOLUTION NO. 92 - 25 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY TO DESIGNATE T~ SOLID WASTE COMMISSION OF SANTA CLARA COUNTY AS THE SANTA CLARA COUNTY LOCAL TASK FORCE. PASSED AND ADOPTED this 20th day of April, 1992, by the fOllowing vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBER: COUNCILMEMBERS: GILROY, HALE, KLOECKER, VALDEZ and GAGE NELSON None ROWLISON, Council voted separately on the following items: Councilman Gilroy requested a correction in the Minutes of the April 6, 1992 Regular Council Meeting re: proposed park Claims Bids re: Water Main proj. Pub Hear. GPA 91-01 & Z 91-07 Pub.Hear. TM 91-02 Res.92-26 ( ',; , '} , 'l..) ordinance revisions, noting that the motion he made was that Council action on the matter of revising the park ordinance be tabled because there are questions; specifically, was the ordinance an attempt to curtail drinking in the park?; how extensive was the problem?; and was it meant to prohibit garlic festival wine sales? Councilwoman Nelson who seconded the original motion agreed with the correction. Motion was made by Councilwoman Nelson seconded by Councilman Hale that the April 6, 1992 minutes of the Regular Council Meeting be approved and corrected as stated by Councilman Gilroy by the following Roll Call Vote: Ayes: Councilmembers: Gilroy, Hale, Kloecker, Nelson, Rowlison, Valdez and Gage. Councilman Hale requested criteria and procedure regarding claims, specifically if towing charges for impounding vehicles for investigation are always paid by the claimant. City Administrator Baksa noted that he would obtain this information for Council. Motion was made by Councilman Hale seconded by Councilman Gilroy that the claims of Henry Haro and Rosemarie Velasco be denied as recommended by the following Roll Call Vote: Ayes: Councilmembers: Gilroy, Hale, Kloecker, Nelson, Rowlison, Valdez and Gage. City Administrator Baksa presented a report and recommenda- tion on bids received for the Lewis Street Water Main Replace- ment project 1992-02/92-PW-99. Motion was made by Councilman Kloecker seconded by Council- woman Nelson and carried that the bid of James Chalmers in the amount of $74,685.00 for the Lewis street Water Main Replacement Project 1992-02/92-PW-99 be awarded as recommended. Motion was made by Councilman Kloecker seconded by Council- woman Nelson and carried that the continued Public Hearing to consider a General Plan Amendment request GPA 91-01, D.B.O. Development Company, applicant, be continued to September 21, 1992 as requested. Councilman Valdez voted "no" on the motion. Motion was made by Councilman Kloecker seconded by Councilwoman Nelson and carried that the continued Public Hearing to consider a rezoning request Z 91-07, D.B.O. Development Company, applicant, be continued to September 21, 1992 as requested. Councilman Valdez voted "no" on the motion. The Mayor stated that it was the time and place scheduled for the continued Public Hearing to consider a Tentative Map request of Jim Price, applicant, TM 91-02, to divide his property into ten (10) residential lots to enable him to build condomini- ums on the lots in the future, which is the second and final phase of development. He noted that the Public Hearing was continued from the March 16, 1992 regular Council Meeting. An updated 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. There was no comment from anyone in the audience. The Mayor closed the Public Hearing. Motion was made by Councilman Kloecker seconded by Councilman Valdez that the reading of Resolution No. 92-26 be waived and that it be adopted approving the Tentative Map request to include changes in conditions #12 and #13, noting #12 to be reworded to conform to State statutes and #13 to include after appearance (free of graffiti). RESOLUTION NO. 92-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CONDITIONALLY APPROVING THE APPLICATION OF LYNROB ENTERPRISES, 1;1 '1,1 Pub.Hear. Water Rates Res.92-27 INC. FOR A TENTATIVE SUBDIVISION MAP TM 91-02 FOR A TEN-LOT RESIDENTIAL SUBDIVISION ON APN 720-26-046, CONSISTING OF APPROXIMATELY 31,450 SQUARE FEET AT 8550 WREN AVENUE. PASSED AND ADOPTED this 20th day of April, 1992 by the following vote: AYES: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE None None NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: The Mayor stated that it was the time and place scheduled for the Public Hearing to consider revision and adjustment of rates and charges for municipal water service. The Staff Report was noted and further explained by City Administrator Baksa. Discussion was had by Council on the matter. Councilman Valdez requested that future reports include the proposed increases of a "typical" utility bill. City Administrator Baksa noted that the proposed increase at this -time is approximately $.50 cents on a typical utility bill. The Mayor asked if there was anyone in the audience wishing to speak on the proposal. \ Jack Pate, 1555 Hecker Pass Highway, addressed the Council noting that there is an inequity on the irrigation rate struc- ture, further explaining same. Alex Larson, 420 First Street, addressed the Council noting r that the water used and applied to irrigation rates is not included in the sewer fees. Jack Kazanjian, 831 Third Street, addressed the Council noting concern of the proposed water prohibitions between 10:00 a.m. to 6:00 p.m. causing hardship to gardeners at the time of installation of landscaping. It was noted that gardeners were exempt from this prohibition at the initial landscaping period. (At 9:00 p.m. the Mayor declared a recess and reconvened the meeting at 9:05 p.m.) Kathleen Chavez, 771 Saratoga Place, addressed the Council requesting reconsideration of the proposed rate structure notin9 that it has a psychological impact on residents trying to conserve water since the increase is applied to the first two tiers only. It was noted that with the proposed rate increase those tiers are still receiving water below actual cost. Larry Connell, Second Street and Miller Avenue, addressed the Council noting that the Presbyterian Church cannot afford t~ pay the increased irrigation rates. It was suggested that the Presbyterian Church use reclaimed water on their outside water- ing; however, noted that same is not allowed where public is using the grass, etc., but when the new treatment plant facili- ties are on-line, reclaimed water from this source would be acceptable. Discussion was had regarding the proposed irrigation rates and calculation of same. Motion was made by Councilman Kloecker seconded by Council- man Valdez that the reading of Resolution No. 92-27 be waived and that it be adopted approving the proposed rates for municipal water service, noting that a cover letter to the consumers would be provided to explain the increase in the first two tiers are below actual cost of the water. RESOLUTION NO. 92 - 27 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING RATES FOR WATER SERVICE. Res.92-28 GPA 90-07 CMA Park Ord. Solid Waste Com. Library Zoning PASSED AND ADOPTED this 20th day of April, 1992, by the following vote: AYES: COUNCILMEMBERS: GILROY, KLOECKER, ROWLISON, VALDEZ and GAGE. COUNCILMEMBERS: HALE and NELSON COUNCILMEMBERS: None NOES: ABSENT: Motion was made by Councilman Kloecker seconded by Councilman Valdez that the reading of Resolution No. 92-28 be waived and that it be adopted. RESOLUTION NO. 92 - 28 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AMENDING RESOLUTIONS NOS. 89-11, 89-46, 90-16, 91-22 AND 92-26 REGULATING WATER USE. PASSED AND ADOPTED this 20th day of April, 1992, by the following vote: AYES: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: The Mayor stated that it was the time and place scheduled for continued Council action on a General Plan Amendment request to amend the General Plan Map, J. Filice & Sons, applicants, GPA 90-07, requesting continuance to the May 4, 1992 regular Council Meeting. Motion was made by Councilwoman Nelson seconded by Council- man Kloecker and carried that Council action on GPA 90-07 be continued to the May 4, 1992 regular Council Meeting as requested. Motion was made by Councilman Hale seconded by Councilwoman Nelson and carried that continued discussion re: Congestion Management Agency and the Commuter Network proposal for a Countywide Transportation Demand Management (TDM) Program be tabled to the May 18, 1992 regular Council Meeting. City Administrator Baksa noted that he would forward the Draft Rules and Regulations of the Bay Area Air Quality Management District to Council for discussion at the May 4, 1992 Regular Council Meeting. Council agreed to table the recommendation on the park ordinance revision to await a presentation from Parks & Recreation Director Connelly. The Mayor asked if there was anyone to speak on any item not on the agenda. from anyone in the audience. in the audience wishing There was no comment The Mayor appointed Councilwoman Rowlison as the City'S representative and Councilman Kloecker, alternate, on the Solid Waste Commission re: Pacheco Pass Landfill users, requested by Santa Clara County Cities Association. Council had no objection to same. Motion was made by Councilwoman Nelson seconded by Councilman Hale and carried that the request of the Gilroy Public Library for funding to operate on Sundays be continued to the City'S Budget study sessions for 1992-1997. A request of Alex Larson re: alleged zoning violations at 430 First Street, was noted. The Staff Report was noted and further explained by Planning Director Dorn. The City Attorney further explained the matter requesting Staff investigate the allegations; noting that Council could not discuss the matter at this meeting. ", I, .. et :t_.) h l,} . Alex Larson addressed the Council further explaining his allegations requesting that something be done about the matter. He further noted that there are apartment units in an R1 District at 7871 Hanna Street. Council requested that Staff investigate these allegations and reinvestigate the health problems and the City Attorney's requests. The following informational items were noted with no separate discussion on same except as indicated: Correspondence re: Regional Government/Governance: Santa Clara County Mayors' Association re: San Jose Landfill Business License Tax. Noted the City of Gilroy did not sign same; Customer Service: Mountain View Police Department in appreciation of Gilroy Police Department re: Sober Graduation Event; Evelyn Balanesi In appreciation of Department of Public Works; Local residents in appreciation of Gilroy Fire Department personnel; Local resident in appreciation of downtown planting; Robert J. Dyer in appreciation of Building Department in expediting improvement work for local businesses; Union City Police Department in appreciation of Planning Department assistance; Parks & Recreation Department in appreciation of Planning Department; City of Santa Clara requesting City of San Jose to reconsider and eliminate the proposed increase in business license tax on landfills; Proclamations issued by Mayor Gage: Arbor Day - April 25, 1992; South Valley Symphony Day - May 5, 1992; USPTA's Across America Tennis Day - May 9, 1992; Recycling Education Week - April 1-10, 1992; Hire-A-Veteran Week - May 3-9, 1992; and Toastmasters International Week - April 26, 1992; Western City, April 1992 Magazine Ar~icle re: Gilroy Police Department's Gang Suppression Program; Human Events Newspaper Article, April 4, 1992 "Overregulation is Strangling U.S. Economy"; ABAG Summary of Action March 19, 1992; South Valley Refuse Disposal, Inc. Mini-Scholarship for Parks & Recreation Sport Activities; Gilroy Police Department Employee of the Month of March 1992 Award, Craig Martin; Minutes of the Visitors' Bureau Advisory Committee Meeting of March 12, 1992 and March 1992 Financial Statement; County of Santa Clara Librarian re: 1992-93 Community Library Salary and Materials Distribution; Metro Article, April 15, 1992 re: Gilroy's Developments; JPA Pers Com 4-13-92 Job Descrip Adjrnmt. County of Santa Clara Advance Planning Office "Info", #92- 3-A. Updated San Martin Planning Area/Sphere of Influence; Noted the Minutes of the Joint Powers Sewer Advisory Committee Meetings of March 10, 1992 and March 24, 1992; Noted the Minutes of the Joint Powers Sewer Advisory Committee Meeting on Forming a Joint Powers Authority (3-24-92). Noted the Report of the Personnel Commission Meeting of April 13, 1992. Motion was made by Councilwoman Rowlison seconded by Councilman Hale and carried that the seven (7) Job Descriptions be approved as presented and recommended. City Administrator Baksa distributed the Quarterly Reports to Councilmembers. City Administrator Baksa noted the Public Forum on the impact of Proposition 111 on local businesses to be sponsored by Assemblyman Areias on April 30, 1992 at 4:00 p.m. in the Gilroy City Council Chambers. City Administrator Baksa distributed copies of the appellate court decision on the Sewer EIR to Councilmembers. Council set June 22, 1992 and July 27, 1992 at 7:00 p.m. as Joint Council/Planning Commission Study Sessions to discuss the General Plan policies of the Land Use Element. Noted the Joint Study Session of the Council/Chamber/School District is only the Council Committee, but that other Council- members may attend if they desire. The Mayor thanked the participants at the Hispanic Forum at South Valley Junior High School. Councilman Gilroy noted the Neighborhood Forums and that the Economic Development Corporation will provide Council with information on this project soon. Councilman Gilroy noted a meeting of the Small Businesses Council of the Chamber of Commerce on May 5, 1992 at 7:30 a.m. at the Chamber's Office with a presentation by a Consultant re: Standard Signage. At 10:42 p.m. the Mayor adjourned the meeting. Respectfully submitted, 1; ''i' ''''.J . ~' j'