Minutes 1989/03/20
Invocation
Posting
Agenda
Regular Meeting
March 20, 1989
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
The Mayor called on Father Schnadelbach, St. Mary's Church,
to give the Invocation.
The City Clerk reported that the Agenda had been posted on
March 16, 1989 at 8:34 a.m.
Roll Call
Homebound
Sr. prog.
Emp.Month
Consent
Calendar
Minutes
Ord.89-5
Budget Amd.
**
Bids re:
Gav. Sports
Complex
Bids re:
Corrosion
Study
Pub. Hear.
Under gr. Ut il.
Dist. 114
** (,njr,.i)
5727
Present: Councilmembers: Donald F. Gage, Leonard A. Hale,
Paul V. Kloecker, Larry Mussallem, Daniel D. Palmerlee, Pete
Valdez, Jr. and Roberta H. Hughan.
Heard from Mr. Chris Block, Program Director for the Home-
bound Seniors Program/Catholic Charities, who gave an update on
the program.
The Mayor presented Rosita Anzualda, part-time employee in
the Parks & Recreation Department, with the Employee of the Month
of February, 1989 Award.
Motion was made by Councilman Gage seconded by Councilman
Valdez that the following items under the Consent Calendar be
approved, excluding Item "c" Ordinance Declaring a Moratorium on
Pool Construction, Landscaping on Single Pass Water Cooling
Systems due to the Water Shortage, 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
March 6, 1989,
Adopted Ordinance No. 89-5 amending City Code Sections
12.23-1, 19.88, 19.89, 19.91, 27.36 and 27.36-1 so as to
establish a uniform delinquency policy for utility billings;
ORDINANCE NO. 89 - 5
AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTIONS 12.23-1,
19.88, 19.89, 19.91, 27.36 AND 27.36-1 SO AS TO ESTABLISH A
UNIFORM DELINQUENCY POLICY FOR UTILITY BILLINGS.
PASSED AND ADOPTED this 20th day of March, 1989, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN
COUNCILMEMBERS: None
COUNCILMEMBERS: None
Approved Budget Amendments and Transfers as recommended.
~
City Administrator Baksa recommended tabling action on the
proposed ordinance declaring a moratorium on pool construction,
landscaping and single pass water cooling systems due to the
water shortage to the April 3, 1989 Regular Meeting to obtain
additional information regarding the Santa Clara Valley Water
District action on the water situation.
Heard from Mr. Mark Davis, local car wash owner, inquiring
about recycled water requirement. He was requested to contact
the City Administrator for the City's requirements.
City Administrator Baksa presented a recommendation to
award the bid of Gilroy Electrical, Inc. in the amount of
$13,850.00 for electrical improvements at Gavilan Sports Complex.
Motion was made by Councilman Mussallem seconded by Coun-
cilman Gage and carried that the bid of Gilroy Electrical, Inc.
in the amount of $13,850.00 be awarded for electrical improve-
ments at Gavilan Sports Complex as recommended.
City Administrator Baksa presented a recommendation to
award the proposal of Montgomery Engineers in the amount of
$38,280.00 to perform a Corrosion Study and amend the budget to
provide for said amount.
Motion was made by Councilman Gage seconded by Councilman
Mussallem and carried that Montgomery Engineers be awarded the
proposal to perform the Corrosion Study in the amount of
$38,280.00 as recommended and that the budget be amended to allow
for same.
The Mayor stated that it was the time and place scheduled
for a Public Hearing on Intention to Establish Underground
Utility District No.4.
Approved Development Agreement for Joanne Heinzen, 305 Mayock Rd.,
and accepted improvements for PreSbyterian Church, 6000 Miller Avenue.
5728
Res.89-13
Pub.Hear.
DEIR-Com.
Dev. Proj.
Sign Permit
Gilroy Vil-
lage Ctr.
City Administrator Baksa presented and explained the Staff
Report.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the matter. There was no comment from
anyone in the audience. The Mayor closed the Public Hearing.
Motion was made by Councilman Palmerlee seconded by Coun-
cilman Mussallem that the reading of Resolution No. 89-13 be
waived and that it be adopted establishing Underground Utility
District No.4.
RESOLUTION NO. 89 - 13
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING
UNDERGROUND UTILITY DISTRICT NO.4.
PASSED AND ADOPTED this 20th day of March, 1989, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN
COUNCILMEMBERS: None
COUNCILMEMBERS: None
The Mayor stated that it was the time and place scheduled
to consider a Draft Environmental Impact Report for the City of
Gilroy Community Development Project Area.
The Mayor and Councilman Gage noted conflicts of interest
and that they would not participate in the discussion nor action
on the project; however, the Mayor noted that she would Chair the
public hearing.
It was noted that the Draft Environmental Impact Report was
previously distributed to Council for their review.
Planning Director Dorn presented and explained the Staff
Report further noting that no Council action is required at this
time; that the Consultant will respond to comments at this Public
Hearing and a Final Environmental Impact Report would be pre-
sented to Council in approximately 2 months for action on same.
Heard from Mr. Robert Stewart, Piedmont Associates, further
explaining the draft Environmental Impact Report prepared by
their firm.
Ms. Sara C. Nelson addressed the Council regarding an
impact statement and distributed copies of same to each
councilmember.
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.
A recommendation of Staff and Planning Commission was noted
on a Special Sign Permit (SP 89-10) for The Gilroy Village Shop-
ping Center, continued from the March 6, 1989 Regular Council
Meeting.
Planning Director Dorn further explained the matter.
Heard from the applicant's architect who further explained
the request for the thirty foot pole sign and objecting to the
seven foot maximum height on a monument type sign.
Mr. J. D. Vanderlon, representing P W Super Markets,
addressed the Council appealing Council to obtain adequate
signing for his proposed business.
Mr. Ernest S. Filice, property owner, addressed the Council
objecting to a monument sign because of the obstructive nature,
noting that they would agree to a pole sign slightly under thirty
feet.
Mr. Vanderlon addressed the Council noting that a large
shopping center needs the name of the center to be visible and
attract its customers, and deviation from same would be a dis-
service to the small tenants.
Ord.re:
Code amdmts
Reclama-
iton System
Sewer Use
Ord. Amend.
Res.89-14
5729
Discussion was had by Council on the matter. Motion was
made by Councilman Gage seconded by Councilman Valdez and carried
that the matter be referred to the Planning Director to attempt
to resolve the matter with the applicant to allow some negotia-
tions and compromise to include Council wishes, specifically that
a pole sign is not desired however negotiable. It was noted that
the matter need not be referred back to Council if both the City
and applicant are in agreement. Councilman Mussallem voted "no"
on the motion.
Council agreed that the 7:00 o'clock p.m. Study Session of
April 17, 1989 be scheduled to discuss proposed revisions to the
Sign Ordinance.
City Administrator Baksa presented and explained a
recommendation to amend City Code Section 4.27 pertaining to
noisy and destructive animals and Sections 16.26 and 16.27
prohibiting discharge of guns and slingshots within the City
further explained by Public Safety Director Gillespie.
Motion was made by Councilman Gage seconded by Councilman
Hale that the reading of the ordinance amending Section 4.27
pertaining to noisy and destructive animals be waived and that it
be introduced and published by title and summary.
Motion was made by Councilman Gage seconded by Councilman
Hale that the reading of the ordinance amending Sections 16.26
and 16.27 prohibiting discharge of guns and slingshots within the
City be waived and that it be introduced and published by title
and summary.
City Administrator presented a recommendation to activate
the Reclamation System noting that same must also be approved by
the City of Morgan Hill and the Santa Clara Valley Water District
before it can be activated.
Motion was made by Councilman Gage seconded by Councilman
Mussallem and carried that the activation of the Reclamation
System be approved as recommended.
City Administrator Baksa presented a recommendation to
amend the City's Sewer Use Ordinance by the Joint Powers Sewer
Advisory Committee.
Motion was made by Councilman Mussallem seconded by
Councilman Gage and carried that the proposed ordinance amending
various sections of Chapter 19 of the City Code pertaining to
Sewers and Sewage Disposal so as to comply with federal
requirements be introduced and published by title and summary.
The Mayor asked if there was anyone in the audience wishing
to speak on any item not on the agenda. There was no comment
from anyone in the audience.
Motion was made by Councilman Mussallem seconded by Coun-
cilman Palmer lee that the reading of Resolution No. 89-14 be
waived and that it be adopted endorsing the Drought Response
Program requested by the Santa Clara County Intergovernmental
Council.
RESOLUTION NO. 89 - 14
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY IN SUPPORT OF A
COMPREHENSIVE DROUGHT RESPONSE PROGRAM.
PASSED AND ADOPTED this 20th day of March, 1989, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN
COUNCILMEMBERS: None
COUNCILMEMBERS: None
Took no action on a request of Senator Alan Robbins, Senate
Committee on Insurance, Claims and Corporations re: SB 103.
r7zn
J JU
Res.89-15
Motion was made by Councilman Palmer lee seconded by Coun-
Councilman Gage that the reading of Resolution No. 89-15 be
waived and that it be adopted supporting the Draft Bay Trail Plan
requested by ABAG.
RESOLUTION NO. 89 - 15
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY IN SUPPORT OF THE
BAY TRAIL PLAN.
PASSED AND ADOPTED this 20th day of March, 1989, by the following
vote:
AYES:
COUNCILMEMBERS:
GAGE, HALE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN
None
None
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
Noted the following informational items with no separate
discussion on same:
League of Women Voters of the Bay Area re: Regional
Planning and Cooperation;
Gilroy Downtown Development Corporation Meetings of
February 10th and 27, 1989;
Proclamations Issued by Mayor Hughan: Earthquake
Preparedness Month - April 1989 and Child Abuse Prevention
Awareness Week - April 10-16, 1989;
Bay Area Nears Ozone Attainment; and
Double I Distributors Warehouse - Cohansey Avenue.
Plan. Com.
3-16-89
Noted the Report of the Planning Commission Meeting of
March 16, 1989.
P.& R.Com.
2-21-89
Noted the Minutes of the Parks & Recreation Commission
Meeting of February 21, 1989.
Noted the Minutes of the Senior Advisory Board Meeting of
January 23, 1989.
Noted the Minutes of the Library and Culture Commission
Meeting of January 10, 1989.
Noted the Minutes of the Gilroy Golf Course Advisory Board
Meeting of February 7, 1989.
City Administrator Baksa gave an update on the budget
process, noting that the preliminary budget is proposed to be
presented to Council on May 1.
City Administrator Baksa gave an update on the MSI Task
Force Committee and their progress.
Mayor Protem
Motion was made by Councilman Kloecker seconded by
Councilman Palmerlee and carried that Councilman Mussallem be
appointed Mayor Protempore through November 1989.
Recycling
Task Force
The Mayor presented a recommendation for appointments to
the Curbside Recycling Program Task Force Committee.
Motion was made by Councilman Palmer lee seconded by Coun-
cilman Gage and carried that the following be appointed to the
Curbside Recycling Program Task Force Committee as recommended by
the Mayor: Luigi Aprea; Natalie Cook; Nancy Fohner; Gregg
Chisolm; Jeanne Gage; Charles Champion; Bertha Heinzen; Bruce L.
Ingraham; Dan Myers; Danielle Littleton; Sue lIen Row1ison; Betsy
Vashel; Barbara Chambers; Cathy Dressler; Dan Ruiz and Debra
Gable.
Jt.Stdy Sess. The Joint Gilroy/Morgan Hill Council Study Session of March
27, 1989 - 6:30 p.m. at the Morgan Hill Civic Center was noted
re: Review and Discuss "Wastewater Five Year Plan" - James M.
Montgomery, Consulting Engineers.
~. 731..
...,,,:> 1
Adjrnmt.
At 10:01 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
Y4~r;~