Loading...
Minutes 1988/07/18 Invocation Posting Agenda .....- Roll Call .... Intro.New Employee Memory Plaque Emp.Award Recog. Plaque Consent Calen4..ar JII""'''- Minutes - Claim- qil Can Co. Easter Seal Soc. Minutes Bid-Pub. Wks. Proj. Contd.Pub. Hearing- L. Willis ~ ... Pub. Hear. Gilroy Foods Prezoning 5649 Regular Meeting July 18, 1988 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. The'Mayor called on Pastor Pike Robinson, First Assembly of God Church, to give the Invocation. The City Clerk reported that the Agenda had been posted on July 14, 1988 at 10:00 a.m. Present: Councilmembers: Donald F. Gage, Leonard A. Hale, Paul V. Kloecker, Larry Mussallem, Daniel D. Palmerlee, Pete Valdez, Jr. and Roberta H. Hughan - 8:02 p.m. The Mayor introduced new employee, Janis Howell, Personnel Clerk I. Library and Culture Commission Chairperson Gage presented a plaque' of Recognition and Appreciation to Mrs. Al Bloom in Memory of her late husband. The Mayor presented the Employee Award for the Month of June 1988, to Beth Minor, Dispatcher II. The Mayor presented Jeff Strametz, representing the Gilroy Bassmasters with a plaque of Recognition and Appreciation for their efforts in cleaning debris out of Uvas Creek and shoreline of Uvas Reservoir. 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, Palmerlee, Valdez and Hughan: Approved the Minutes of the Regular Council Meeting of July 5, 1988; Denied a Damage Claim of Gilroy Canning Company as re commended; Granted waiver ofa Muni'cipal License Fee to Easter Seal Society of California for solicitation of funds; and Approved the Minutes of the Adjourned Regular Council Meeting of July 11, 1988. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that the bid of De Silva Construction be awarded in the amount of $441,424.10 for the Annual Public Works Projects as recommended. The Mayor stated that it was the time and place scheduled for the continued Public Hearing to consider a rezoning request from Al (Agriculture) District to Ml (Limited Industrial) Dis- trict, located at 350 Buena Vista Avenue, Larry Willis, applicant (Z 87-6) and requested by the applicant to continue same to October 24, 1988. Motion was made by Councilmaa Gage seconded by Councilman Kloecker and carried that the continued Public Hearing be further continued to October 24, 1988 as requested. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a prezoning request of Gilroy Foods, Inc. to M2 (General Industral) for property located along Miller Slough, South of Pacheco Pass Highway, on approximately 25.48 acres. The Staff Report was noted and further explained by Planning Director Dorn. 5650 Intro.Ord. Gen.Maint. Dist. Binding Arbitration Petition Analysis Res.88-45 Res.88-46 The Mayor asked if there was anyone in the audience wishing to speak for or against the proposed prezoning. Mr. Bill Workman, representing Gilroy Foods, Inc., addressed the Council, noting his presence to answer questions, if any. 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. Motion was made by Councilman Gage seconded by Councilman Hale and carried that the reading of the proposed ordinance prezoning said territory be waived, that it be introduced and published by title and summary and that the Statement of Over- riding Considerations for the 25.48 acres as noted on page two of the Staff Report be adopted as presented. ... ...... Discussion was had on the proposed General Maintenance Dis- trict continued from the July 5, 1988 Council Study Session. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that further Ldiscussion on the matter be tabled to a date after the November 8, 1988 General Election. City Administrator Baksa inquired if Council would take action on the Binding Arbitration Charter Amendment as an emer- gency measure to accommodate the publication requirements of the Election Code as the Registrar of Voters has certified that the GPOA/FF Association Initiative Petition is valid and sufficient. Motion was made by Councilman Kloecker seconded by Councilman Gage and carried that action be taken regarding the Binding Arbitration Initiative Petition as recommended. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that the Registrar of Voter's Certification of the Initiative Petition re: Charter Amendment - Binding Arbitration from the GPOA/FF Association as being a valid petition containing the required number of signatures for a Ballot Measure is hereby acknowledged. .. ... Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that the City Clerk is directed to transmit the Measure to the City Attorney for preparation of an Impartial Analysis of the Measure. Motion was made by Councilman Gage seconded by Councilman Kloecker that the reading of Resolution No. 88-45 be waived and that it be adopted accepting the filing of a petition for a proposed Charter Amendment for the City of Gilroy, Directing the City Clerk to cause the same to be published and Directing that the proposal be submitted to the electorate at the General Election on November 8, 1988. RESOLUTION NO. 88-45 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ACCEPTING THE FILING OF A PETITION FOR A PROPOSED CHARTER AMENDMENT FOR THE CITY OF GILROY ,lllRECTING THE FILING OF A COpy THEREOF, DIRECTING ~HE CITY CLERK TO CAUSE THE SAME TO BE PUBLISHED AND DIRECTING THAT THE PROPOSAL BE SUBMITTED TO THE ELECTORATE AT THE GENERAL MUNICIPAL --. _ON NOVEMBER 8, 1988. .PASSED AND ADOPTED this 18th day of July, 1988, by the fOllowinq vote: -...J AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Motion was made by Councilman Gage seconded by Councilman Kloecker that the reading of Resolution No. 88-46 be waived and that it be adopted requesting the Board of Supervisors of Santa Clara County to provide for the consolidation of a Special Municipal Charter Amendment Election with the State of California General Election to be held November 8, 1988. ,.... i "- Arguments Mayor Protem Utility Accounts ,....... "'- Ord.re: Obscene Matter TAAL Property ".... ~ 5651 RESOLUTION NO. 88 - 46 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY REQUESTING THE BOARD OF SUPERVISORS OF SANTA CLARA COUNTY TO PROVIDE FOR THE CONSOLIDATION OF A SPECIAL MUNICIPAL CHARTER AMENDMENT ELECTION WITH THE STATE OF CALIFORNIA GENERAL ELECTION TO BE HELD NOVEMBER 8, 1988. PASSED AND ADOPTED this. 18th day of July, 1988, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN COUNCILMEMBERS: None COUNCILMEMBERS: None Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that the deadline for submitting Arguments established to be August 12, 1988 as recommended by the City Clerk is hereby confirmed. The Mayor appointed Councilman Hale as Mayor Protempore effective July 18, 1988. City Administrator Baksa presented a recommendation to write-off uncollectible utility accounts from June 1, 1987 to June 1, 1988 in the amount of $13,283.59, noting said accounts to , be in for collection on a continued basis~ Motion was made by Councilman Kloecker seconded by Council- man Gage and carried that authorization be given to write-off uncollectible utility accounts in the amount of $13,283.59 as recommended. Council requested Staff investigate a means of providing the various departments with a computer list of uncollectable accounts to avoid allowing obtaining other municipal permits, etc. until the account is cleared. The Mayor 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. Council noted and took no action on the request of the Citizens Leading Effective Action Now, for an ordinance limiting the display of obscene matter for the protection of minors, re: Assembly Bill 711. Noted a letter from the Theatre Angels' Art League offering their property on Fifth Street as a gift to the City of Gilroy to include the balance due on the mortgage. Motion was made by Councilman Hale seconded by Councilman Gage and carried that the City accepts the property gift and mortgage of the Theatre Angels' Art League. The Mayor noted that she would write a letter and have a plaque prepared for the building. City Administrator Baksa noted that the Parks and Recreation Department would prepare plans for multi-uses of the building and arrange for a presentation for the plaque. The following informational items were noted with no separate discussion on same: Planning Staff Approvals, dated June 30, 1988; Revisions to Tanner Plan and EIR Approval Schedule; Police Department Employee of the Month of May 1988, Officer Brenda Bergman; Intergovernmental Council in appreciation for Tanner Program Funds; Proclamation Issued by Mayor Hughan: French-American Friendship Day - July 14, 1988; South Valley Hospital in Appreciation; 5652 Plan. Com. 7-7-88 Pers.Com. 7-11-88 Training Captain P.& R. Com. 6-21-88 Variance Filbro Dev. City/School Liaison Committee Caltrain Extn. Study Qr.Reports Well Equip. Bid Landscaping Policy-1st Street Gas Tax & Gann Limit Measures Time Magazine Article, July 4, 1988, re: Water Conservation; and Sacramento Bee Article, June 26, 1988 re: Local Tax Measures and Bond Issues. The Report of the Planning Commission Meeting of July 7, 1988 was noted. The Report of the Personnel Commission Meeting of July 11, 1988 was noted. City Administrator Baksanoted and explained a recommmenda- tion to approve a job description for Training Captain. J Motion was made by Councilman Gage seconded by Councilman Hale and carried that the job description for Training Captain be approved as presented and recommended. The Minutes of the Parks and Recreation Commission Meeting of June 21, 1988 were noted. The Minutes of the Senior Advisory Board Meeting of May 16, 1988 were noted. The Minutes of the Gilroy Golf Course Advisory Board Meeting of May 17, 1988 were noted. The Minutes of the Library and Culture Commission Meeting of May 10, 1988 were noted. Councilman Palmerlee inquired about the Parking Variance granted Filbro Development for their property at 10th and Chestnut Streets. Planning Director Dorn explained same. Councilmembers Palmerlee and Kloecker appealed the decision of the Planning Commission regarding the Variance granted Filbro Development. A Public Hearing will be set before the Council for ... their August 1, 1988 regular meeting on the decision of the i Planning Commission to consider said appeal. ... City Administrator Baksa noted a City/School Liaison Committee Meeting tentatively scheduled for September 14, 1988 at 5:00 p.m. The Council Committee concurred. City Administrator Baksa noted the Gilroy Caltrain Exten- Extension Study Public Meetings: August 3, 1988 in Morgan Hill and August 10, 1988 in South San Jose, both scheduled for 7:00 p.m. City Administrator Baksa distributed the Quarterly Reports. City Administrator Baksa reported on the previously awarded bid to F & M Engineering Contractors for the Well Equipping Facilities at Wells No. 8 and 9 noting that there will be change orders for those items questioned by another contractor. Councilman Palmerlee inquired of the City's landscaping policy for new commercial development on First Street and requested Council review of same. City Administrator Baksa noted proposed development in progress under Sewer Allocation agreements with fee payment deadlines soon. Councilman Palmerlee requested a Staff Report from the Planning Department on what landscaping will be required of those developers on First Street that the City is anticipating payment of their fees in the near future. .., J J ..... The Mayor asked Council if they wished to take action on the two measures on increase of Gas Tax and Gann Limit requested by the City of San Jose/Metropolitan Transportation Commission. Motion was made by Councilman Kloecker seconded by Council- man Palmerlee and not carried by a 4/5's vote to take action on the matter as an emergency measure. Council requested that same be agendized on the August 1, 1988 regular agenda with additional information in order for Council to make a decision on same. City BBQ Jt.Study Session Adjrnmt. 5653 Councilman Gage inquired of the Council's role at the City Barb~cue August 13, 1988. City Administrator Baksa noted that Council has been requested to serve the food, etc. The Joint Gilroy/Morgan Hill Study Session of August 16, 1988 - 7:00 p.m. in the Morgan Hill Council Chambers was noted. The Joint City Council/Planning Commission/Gilroy Downtown Development Corporation Study Session, August 8, 1988 - 7:00 p.m., Gilroy Senior Center, re: formation of a Business Improve- ment District was noted. At 9:06 p.m. the Mayor adjourned the meeting. Respectfully submitted, ~auue E. t.~