Loading...
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;~