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Minutes 1989/12/18 r, 8 (') n J LU Invocation Posting Agenda Roll Call Emp. of Mo. Award Consent Calendar Minutes Res.89-66 Regular Meeting December 18, 1989 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag at 8:00 p.m. The Reverend George Minerva, Presbyterian Church, gave the Invocation. The City Clerk reported that the Agenda had been posted on December 15, 1989 at 9:12 a.m. Present: Councilmembers: Donald F. Gage, Leonard A. Hale, Paul V. Kloecker, Larry Mussallem, Sara C. Nelson, Pete Valdez, Jr. and Roberta H. Hughan. The Mayor introduced the following new employees: Lynda Bloom, Public Safety Communicator I; Jose L. Muniz and Tom E. Gotterba, Maintenance I - Public Works. Presented the Employee of the Month Award for November 1989 to Carmen Horta, Account Clerk II. 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, Nelson, Valdez and Hughan; Approved the Minutes of the Regular Council Meeting of December 4, 1989; Adopted Resolution No. 89-66 Declaring Certain Weeds Growing in the City to be a Public Nuisance, Describing Weeds which constitute such Nuisance and Providing for Giving Notice of the adoption of the Resolution by Publication thereof; RESOLUTION NO. 89-66 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DECLARING CERTAIN WEEDS GROWING IN THE CITY OF GILROY TO BE A PUBLIC NUSIANCE, DESCRIBING WEEDS WHICH CONSTITUTE SUCH NUISANCE AND PROVIDING FOR GIVING NOTICE OF THE ADOPTION OF THE RESOLUTION BYPUBLICATION THEREOF. PASSED AND ADOPTED this JBth day of December, 1989, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON, VALDEZ and HUGHAN NONE NONE COUNCILMEMBERS: COUNCILMEMBERS: Budget Dev.Agree. Alioto Imprvmts. Bids Re: Old City Hall Pub. Hear. IFDES Lodge Pub.Hear. Gilroy Unif. School Dist. GPA 89-5 Pub.Hear. Gregor & Gallo 89-3 5821 Approved Budget Amendments and Transfers as recommended; Approved Development Agreement #89-27, Ann Alioto, 7145 Eigleberry Street, Gilroy as recommended. (Councilman Mussallem did not vote on this item, due to a conflict of interest.); and Accepted Improvements for Gilroy Auto Center, Raisch Products, 6800 Chestnut street, Gilroy, as recommended. Planning Director Dorn presented and explained a recommen- dation on bids received for Architect Services for the Old City Hall Repairs project. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that the bid of Architectural Resources Group of San Francisco in the amount of $29,450.00 be awarded as the Architectural Firm for the Old City Hall Repairs Project, as recommended. The Mayor noted that it was the time and place scheduled for a continued Public Hearing to consider a General Plan Amendment request of IFDES Lodge, applicant, from Low Density Residential to General Services Commercial, GPA 89-3. The Mayor noted an IFDES Lodge letter requesting withdrawal of the General Plan Amendment and rezoning applications. Motion was made by Councilman Gage seconded by Councilman Mussallem that the request be accepted and the applications withdrawn. Discus- sion was had reg~rding refunding of the fees paid. Councilman Kloecker appealed the decision of the Planning Commission declaring the IFDES Lodge as a church definition. Councilmember Gage and Mussallem withdrew their motion to accept the withdrawal of the applications in order to hear the appeal. Motion was made by Councilman Kloecker seconded by Council- man Mussallem and carried that the appeal hearing be set for January 2, 1990 on the decision of the Planning Commission declaring the IFDES Lodge as a church definition. Motion was made by Councilman Kloecker seconded by Council- man Hale and carried that the Public Hearing on the IFDES Lodge General Plan Amendment and the Public Hearing to consider the rezoning request of the IFDES Lodge, Z 89-3, be continued to January 2, 1990. The Mayor stated that it was the time and place scheduled for the continued Public Hearing to consider a General Plan Amendment request from Park/Public Facility to Low Density Residential and Low Density Residential to Park/Public Facility, for property located on Calle Del Rey, north of Mantelli Drive on approximately 13 acres, Gilroy Unified School District, applicant, GPA 89-5 and noted that the Planning Commission continued the matter to their January 4, 1990 regular meeting. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that the Public Hearing be continued to the January 16, 1990 regular Council Meeting. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a General Plan Amendment request from County (No designation) to Professional Office and to include the property in the 20 year planning area for property located at Cohansey Avenue and Terri Court, on approximately 2.761 acres, Dr. Peter Gregor & Dr. T. Gallo, Applicants, GPA 89- 3. The Staff Report was noted and further explained by Senior Planner Myer. rS2'" 8 l. Res.89-67 Pub.Hear. Noble GPA 89-6 Dist.Elec. Drs. Gregor and Gallo, Applicants, addressed the Council regarding their requested General Plan Amendment. The Mayor asked if there was anyone further in the audience wishing to speak on the proposal. Dr. John Wang, Chairman of the South Valley Medical Pavilion, addressed the Council noting the need for the General Plan Amendment, noting that he could provide a list of other physicians interested in locating their offices adjacent to the Hospital Project. Ms. Dianna Tankersley, 645 Terri Court, addressed the Council in opposition to the general plan amendment for doctor's offices in a residential zone. Ms. Amy Costello, Terri Court & Cohansey, addressed the Council noting that she is in favor of the proposed general plan amendment. Ms. A. Kunes, Terri Court, addressed the Council noting the physicians are welcome and beneficial to the City, but she is opposed to the general plan amendment at this time. 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. Discussion was had by Council on the matter. Motion was made by Councilman Mussallem seconded by Councilwoman Nelson that the reading of Resolution No. 89-67 be waived and that it be adopted. It was noted by Staff that mitigation measures would be prepared at the time of development. RESOLUTION NO. 89 - 67 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING AN AMENDMENT TO THE GENERAL PLAN FOR THE CITY OF GILROY. PASSED AND ADOPTED this 18th day of December, 1989, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GAGE, HALE, MUSSALLEM, and VALDEZ KLOECKER and HUGHAN None NELSON, COUNCILMEMBERS: COUNCILMEMBERS: The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a General Plan Amendment, GPA 89-6 request from Park/Public Facility to Low Density Residential for property located west of Santa Teresa Boulevard, South of Day Road, on approximately 8 acres, Barbara & Robert NOble, applicant, noting that the Planning Commission continued same to their January 4, 1990 regular meeting. Motion was made by Councilman Hale seconded by Councilman Gage and carried that the Public Hearing be continued to the January 16, 1990 regular Council Meeting. Councilman Valdez presented and explained an update on the District Election proposal. (Councilman Gage left the Council Chambers at 9:06 p.m. and returned at 9:11 p.m. and took his seat at the Council table.) Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that a seven (7) member Task Force to investigate the District Election proposal be established as recommended to include defining the scope of work to be appointed under the interview process used for Commission appointments. The Mayor continued appointments of City Commissioners to the January 2, 1990 regular Council meeting. The Mayor continued introduction of a proposed Anti- Scavenger Ordinance to the January 16, 1990 Regular Meeting. Martin Co.GPA City Hall Exp.Proj. Unf.Codes Res.89-68 Res.89-69 Res.89-70 ~8(~17 ! ,- ./ .... ~. L... .....) City Administrator Baksa presented Staff's recommendation regarding the Martin General Plan Amendment further explaining same. Discussion was had on the matter. Motion was made by Councilman Kloecker seconded by Councilman Valdez and carried that Staff's recommendation be approved with minor changes to be reviewed by Councilman Kloecker and the Mayor and that same be forwarded to each individual County Supervisor. The Mayor deviated from the regular agenda in order to hear interested persons in the audience for an unagendized matter. There was no comment from anyone in the audience. The Mayor returned to the regular order of the agenda. City Administrator Baksa requested Council direction for expansion of the Council Chambers within the City Hall Expansion Project. Discussion was had by Council on the matter. Motion was made by Councilman Kloecker seconded by Councilman Nelson and carried that the proposed expansion/council chambers project be included as an alternate in the City Hall Expansion Project. Chief Building Inspector James presented and explained a recommendation on adoption of the Uniform Codes. Motion was made by Councilman Gage seconded by Councilman Kloecker that the reading of Resolution No. 89-68 be waived and that it be adopted. RESOLUTION NO. 89 - 68 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY MAKING FINDINGS REGARDING CHANGES AND MODIFICATIONS OF THE UNIFORM PLUMBING CODE. PASSED AND ADOPTED this 18th day of December, 1989, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON, VALDEZ and HUGHAN None None COUNCILMEMBERS: COUNCILMEMBERS: Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that the reading of Resolution No. 89-69 be waived and that it be adopted Making Findings Regarding Changes and Modifications of the Uniform Fire Code and Uniform Building Code. RESOLUTION NO. 89 - 69 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY MAKING FINDINGS REGARDING CHANGES AND MODIFICATIONS OF THE UNIFORM FIRE CODE AND UNIFORM BUILDING CODE. PASSED AND ADOPTED this 18th day of December, 1989, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON, VALDEZ and HUGHAN None None COUNCILMEMBERS: COUNCILMEMBERS: Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that the reading of Resolution No. 89-70 be waived and that it be adopted, adopting the Uniform Building, Plumbing, Mechanical, Housing and Abatement Codes, 1988 Editions, with Modifications. RESOLUTION NO. 89 - 70 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING THE UNIFORM BUILDING, PLUMBING, MECHANICAL, HOUSING AND ABATEMENT CODES, 1988 EDITIONS, WITH MODIFICATIONS. PASSED AND ADOPTED this 18th day of December, 1989, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON, VALDEZ and HUGHAN None None COUNCILMEMBERS: COUNCILMEMBERS: 1:,8"4 ~' l.. Res.89-71 Recycling 1st Assembly of God Plan. Com. 12-7-89 P.&R.Com. 9-19-89 & 11-21-89 Lib.&Cult. 9-12-89 & 10-10-89 JPA Com. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that the reading of Resolution No. 89-71 be waived and that it be adopted, adopting the Uniform Administra- tive Code, 1988 Edition with Modifications. RESOLUTION NO. 89 - 71 RESOLUTION OF THE COUNCIL OF UNIFORM ADMINISTRATIVE CODE, PASSED AND ADOPTED this 12 th following vote: AYES: COUNCILMEMBERS: THE CITY OF GILROY ADOPTING THE 1988 EDITION WITH MODIFICATIONS. day of December, 1989, by the NOES: ABSENT: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON, VALDEZ and HUGHAN None None COUNCILMEMBERS: COUNCILMEMBERS: A request of Tiny Tots Diaper Service, Inc. was noted requesting to encourage use of reusable products. It was noted that same would be included in the public information campaign in the Recycling Program. A request of the First Assembly of God Church for a four (4) year extension on Architectural approval and Sewer Allocation was noted and further explained by City Administrator Baksa. Motion was made by Councilman Mussallem seconded by Councilman Gage and carried that the request for a four (4) year extension on architectural approval and sewer allocation for the First Assembly of God Church be approved as requested. The following informational items were noted with no separate discussion on same: Planning Staff Approvals, dated November 30, 1989; Police Department Employee of the Month of August 1989, Detective Mike Terasaki; Gilroy Chamber of Commerce in appreciation re: Christmas Decorations; Community Development Agency notification to County Assessor of results of Measure B; and Assemblyman Areias AB 2262 Authorizing Local Jurisdictions to Offer Specified Incentives to Real Property OWners in Order to Encourage Voluntary Right-of-Way Donations. The Report of the Planning Commission Meeting of December 7, 1989 was noted. The Minutes of the Parks and Recreation Meetings of September 19 and November 21, 1989 were noted. The Minutes of the Senior Advisory Board Meetings of September 18 and October 16, 1989 were noted. The Minutes of the Library & Culture Commission Meetings of September 12 and October 10, 1989 were noted. The Minutes of the Gilroy Golf Course Advisory Board Meetings of September 19 and October 31, 1989 were noted. City Administrator Baksa noted the update schedule for the Wastewater Treatment Plant EIR. Councilman Mussallem requested that this item be a regular agenda item for Council information. The Minutes of the Joint Powers Sewer Advisory Committee Meetings of October 31, November 14 and 28, 1989 were noted. City Administrator Baksa presented a revised operations budget and budget amendment for the Wastewater Treatment Plant further explaining same. Pers.Com. 11-13-89 & 12-11-89 HCD Loans Res. 89-72 HCD 16th Yr. Applic. 5825 Motion was made by Councilman Mussallem seconded by Councilman Gage and carried that the revised operations budget and budget amendment be approved as presented and recommended. The Minutes of the Personnel Commission Meetings of November 13th and December 11, 1989 were noted. Motion was made by Councilman Kloecker seconded by Councilman Gage that the reclassifications for the positions of Senior Planner and Personnel Director be approved and presented and recommended. The Mayor deviated from the regular agenda in order to accommodate interested persons in the audience. Mr. Fred Angelino addressed the Council in regard to the Greenbelt Issue noting that the people directly affected should vote upon same rather than the entire County-at-Iarge. The Mayor continued with the regular order of the agenda. HCD Grant Coordinator Rojas presented and explained proposed loans available under the California Natural Disaster Assistance Program. Motion was made by Councilman Gage seconded by Councilman Hale that the reading of Resolution No. 89-72 be waived and that it be adopted. RESOLUTION NO. 89 - 72 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY HEREBY AUTHORIZXING THIS SUBMITTAL OF A LOAN APPLICATION, THE EXECUTION OF A STANDARD AGREEMENT AND ANY AMENDMENTS THERETO, AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE CALIFORNIA NATURAL DISASTER ASSISTANCE PROGRAM AND SECURE A COMMITMENT OF FUNDS FROM THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT. PASSED AND ADOPTED this 18th day of December, 1989, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GAGE, HALE, KLOECKER, VALDEZ and HUGHAN NELSON None MUSSALLEM COUNCILMEMBERS: COUNCILMEMBERS: City Administrator Baksa noted the 16th Year Application Process for Housing Community Development Block Grant noting that an outline of all agencies applying for same would be presented to Council in February, 1990. City Administrator Baksa noted that the update on the Gilroy Recycling Task Force would be discussed under Reports of Councilmembers. City Adminisrator Baksa gave a water conservation program update and future and discussed lifeline water rates. Council requested that same be scheduled for a Study Session prior to the January 16, 1990 Regular Meeting. Council set January 22, 1990 at 7:00 p.m. as a Study Session of the Council regarding the Capital Improvement Program and Revenue Projections 1990-1995. City Administrator Baksa noted that the Council Retreat has been scheduled for March 9, 10 and 11, 1990, out-of-town location to be determined. City Administrator Baksa noted that the company that prepared the City's computer software package is presently out of business. Councilman Gage suggested that the City verify that the programs are documented. City Administrator Baksa noted that he was recently appointed Chairman of the Santa Clara County Managers' Association. t:.sr1?\ ;,,) L"j Recycling Adjrnmt. City Administrator Baksa requested Council direction regarding televising Council and Commission Meetings. Discussion was had by Council. City Administrator Baksa invited Councilmembers to the City Hall Christmas Potluck Luncheon, Friday, December 22, 1989. Councilman Kloecker noted that the Recycling Program is progressing. Councilman Mussallem suggested that regular Council Meetings be changed to Wednesdays. At 11:23 p.m. the Mayor adjourned to a Closed Session re: Possible Litigation in that there is significant exposure to litigation, in accordance with Section 54956.9(b)(1) of the Government Code. At 11:40 p.m. the Mayor reconvened the meeting and further adjourned to Tuesday, January 2, 1990 (January 1, 1990 Legal Holiday) . Respectfully submitted, ~':!=:!~. ~