Minutes 1990/01/02
Invocation
Posting
Agenda
Roll Call
Cert.of Ap.
Consent
Calendar
Minutes
Budget
Bids re:
Soundwall
Repr.Proj.
Regular Meeting
January 2, 1990
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag at
8:01 p.m.
The Reverend Eric Smith, South Valley Community Church gave
the Invocation.
The City Clerk reported that the Agenda had been posted on
December 28, 1989 at 12:02 p.m.
Present: Councilmembers: Donald F. Gage, Leonard A. Hale,
Paul V. Kloecker, Larry Mussallem, Sara C. Nelson, Pete Valdez, Jr.
and Roberta H. Hughan.
Mary Drummond, Vista Volunteer, presented the City with a
Certificate of Appreciation on behalf of the Reading Program.
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 18, 1989;
Approved Budget Amendments and Transfers as recommended.
City Administrator Baksa presented a recommendation on award
of bids for Soundwall Repair, Category I, Project 1989-3 further
explained by City Engineer Allen.
Mr. Ermelindo Puente, addressed the Council and inquired of
the openings proposed in the new soundwall.
Motion was made by Councilman Gage seconded by Councilman
Kloecker and carried that the bid of Sierra Precast Inc., San Jose,
be awarded in the amount of $7,560.00 for the Soundwall Repair,
Category I, Project 1989-3 as recommended.
Pub.Hear.
Weed Abate.
Res.90-1
Pub. Hear. re:
Sewer Rates
Appeal-IFDES
Lodge
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The Mayor stated that it was the time and place scheduled
for a Public Hearing to consider annual destruction or removal of
weeds and/or refuse constituting a public nuisance in the City of
Gilroy.
The Mayor asked if there was anyone 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 Kloecker seconded by Councilman
Gage that the reading of Resolution No. 90-1 be waived and that it
be adopted.
RESOLUTION NO. 90 - 1
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY INSTRUCTING THE
CHIEF OF THE FIRE DEPARTMENT TO ABATE NUISANCE ARISING OUT OF WEEDS
GROWING UPON LOTS OR IN FRONT OF PROPERTY IN THE CITY OF GILROY AS
REQUIRED BY SECTION 5 OF ORDINANCE NO. 754.
PASSED AND ADOPTED this 2nd day of January, 1990 by the following
vote:
AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON,
VALDEZ and HUGHAN
NOES:
ABSENT:
COUNCILMEMBERS: None
COUNCILMEMBERS: None
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 sewer service and water service further
explained by City Administrator Baksa that same pertains to sewer
flat rate user.
The Mayor asked if there was anyone in the audience wishing
to speak on the matter.
A student in the audience inquired if the rate increase would
affect local residents. The Mayor noted that Council will have a
study session prior to the next regular Council Meeting of January
16, 1990 at 7 p.m. to discuss possible water rate increase that
would effect local residents.
The Mayor closed the public hearing.
Motion was made by Councilman Gage seconded by Councilman
Kloecker that the reading of Resolution No. 90-2 be waived and that
it be adopted.
RESOLUTION NO. 90 - 2
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING
RATES FOR WATER SERVICE AND SANITARY SEWER SERVICE.
PASSED AND ADOPTED this 2nd day of January, 1990 by the following
vote:
AYES:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON,
VALDEZ and HUGHAN
COUNCILMEMBERS: None
COUNCILMEMBERS: None
NOES:
ABSENT:
The Mayor stated that it was the time and place scheduled
for a hearing on Appeal of the Planning Commission's decision
defining IFDES Lodge as a church.
The 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 matter.
Mr. Chuy Garcia, representing the applicant, addressed the
Council requesting Council to support the Planning Commission's
action to allow the applicant to proceed.
Mr. Al Pinheiro, Secretary of the IFDES Lodge, addressed the
Council requesting Council to reaffirm the Planning Commission's
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Commission
Appointments
Census
decision, noting that he can provide Council with the Articles of
Incorporation and Bylaws of the organization.
The Mayor asked if there was anyone further in the audience
wishing to speak.
Dr. Daniel D. palmerlee addressed the Council requesting the
Council direct Staff to review the possibility of existing non-
conforming uses to be able to continue and expand.
It was noted that IFDES is an abbreviation in Portuguese
"Holy Ghost Celebration Society."
The Mayor asked if there was anyone further in the audience
wishing to speak. There was no further comment from anyone in the
audience. The Mayor closed the Hearing.
Motion was made by Councilman Mussallem seconded by
Councilwoman Nelson that the reading of Resolution No. 90-3 be
waived and that it be adopted affirming on appeal the action of the
Planning Commission defining the LF.D.E.S. Lodge as as "Church"
within the context of the Zoning Ordinance.
RESOLUTION NO. 90 - 3
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AFFIRMING ON APPEAL
THE ACTION OF THE PLANNING COMMISSION DEFINING THE I.F.D.E.S. LODGE
AS A "CHURCH" WITHIN THE CONTEXT OF THE ZONING ORDINANCE.
PASSED AND ADOPTED this 2nd day of January, 1990 by the following
vote:
AYES:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON,
VALDEZ and HUGHAN
COUNCILMEMBERS: None
COUNCILMEMBERS: None
NOES:
ABSENT:
Motion was made by Councilman Mussallem seconded by
Councilman Gage and carried that the I.F.D.E.S. letter requesting
withdrawal of their General Plan Amendment and Rezoning
Applications be accepted.
Motion was made by Councilman Mussallem seconded by Council-
woman Nelson and carried that all fees paid by I.F.D.E.S. for their
General Plan amendment and Rezoning Applications be refunded.
Councilmembers: Gage, Kloecker and Hughan voted "no" on the motion.
Motion was made by Councilwoman Nelson seconded by Council-
man Valdez and carried that the Zoning Ordinance be amended to
provide the correct wording for church and/or reliqious institution
at the annual Zoning Ordinance changes.
The Mayor recommended that the following be appointed to
City Commissions for terms expiring January 1, 1994:
1.
Sr.
2. Parks & Recreation Commission: Todd Perkins and Jeff S.
Watterson.
3. Personnel Commission: patricia Golden and James
Patricia L. Schubert to fill the unexpired term of
4. Library & Culture Commission: Earl E. Dennison
Patel.
5. Building Board of Appeals: Gilbert Love.
Planning Commission: Glenn Suyeyasu and Fernando Huerta,
Trelut.
1-1-93.
and Vinod
Motion was made by Councilman Kloecker seconded by Council-
man Gage and carried that the persons recommended by the Mayor for
the various Commission appointments be approved as recommended.
(The Mayor deviated from the regular agenda in order to accommodate
interested persons in the audience.)
Mr. Ed Morillo, Recruitment Supervisor of Santa Clara County
for the United States Census, addressed the Council requesting the
City participate in encouraging all residents to participate in the
utile Undrgr.
Fees
JPA
5829
1990 Census noting that information from the census would be
officially available in January 1992. He further explained the
recruitment process for this project.
Ms. Darlene Raussa Marquez, Census Community Awareness
Specialist, addressed the Council regarding the Census and
information available.
Council requested that a census message be televised on
Channel 34.
(The Mayor returned to the regular order of the Agenda.)
A Report on utility Undergrounding Fees was noted and
further explained by City Engineer Allen.
Motion was made by Councilman Gage seconded by Councilman
Kloecker that the reading of Resolution No. 90-4 be waived and that
it be adopted.
RESOLUTION NO. 90 - 4
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY SETTING FEES FOR
UNDERGROUNDING UTILITIES.
PASSED AND ADOPTED this 2nd day of January, 1990 by the following
vote:
AYES:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON,
VALDEZ and HUGHAN
COUNCILMEMBERS: None
COUNCILMEMBERS: None
NOES:
ABSENT:
The following informational items were noted with no separate
discussion on same:
Assemblyman Areias re: 1989 Legislative Summary;
Governor Deukmejian Requesting Recommendations for the 1989
Young American Medals Program;
Police Department Employee of the Month of November, 1989,
Sergeant Richard Lake; and
Monthly Cash and Investment Report, dated November 30, 1989.
The Updated Schedule for the EIR process was noted.
City Administrator Baksa gave an update on the Water
Conservation Program and progress.
City Administrator Baksa noted an Irrigation Task Force
analysis. Council requested copies and further requested that the
proposed budget denote where the analysis is implemented.
The Mayor requested that Staff investigate an alley clean-up
program.
The Mayor requested that "no riding bicycles" signs be
installed in the commercial business areas.
Councilman Hale requested that Council be allowed 15 minutes
for questions following the 7 p.m. Departmental Study Sessions.
Councilman Valdez noted that he would have additional
information on District Elections at the January 16, 1990 regular
Council Meeting.
Councilwoman Nelson requested additional information on the
proposed Open Space Authority for Santa Clara County's eastern and
southern regions.
Councilman Mussallem requested that the Council meet on
January 8, 1990 at 7:00 p.m. to discuss the Open Space Authority.
Adjrnmt.
At 9:33 p.m. the Mayor adjourned the meeting to a Special
Council Meeting on January 8, 1990 at 7:00 p.m. to consider the
Open Space Authority for Santa Clara County's eastern and southern
regions.
Respectfully submitted,
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