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Minutes 1990/03/19 1"'".8 i......, "l - r : -' ...J,... Invocation Posting Agenda Roll Call Proclamation Emp.Award Consent Calendar Minutes Budget Res.90-15 '~', '_,' .... '.:'-:,...: .:.'. .".~.,:_ _.,: ,c-, ,-- '''.;', _'_'" ..'.:,'.' '-C',. "'_ : .' .' ,j,_ -:',,:. ';.:. ".c",,-, ~_:."': :,' '.:'-',:. - '-"'''~O'' '-~-:'." --'---~--------'----'-"'--- "~":,"-.':"-".-.-"-:.-.:'c-'::".':',."""""r"-',<,,_."--,,,,,"'_,,,,,,,_>:,,,,,,,,,,'.~,,,>m;"""',-,"-...,;".,,.-.'o> -.,---- Regular Meeting March 19, 1990 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Elderman Russ Wideman, Seventh Adventist Church gave the Invocation. The City Clerk reported that the Agenda had been posted on March 15, 1990 at 10:40 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 presented a Proclamation for Clean Air Week-May 7, 1990 and Don't Drive Alone Day-May 10, 1990 to a representative of the American Lung Association. The Mayor presented the Employee Award for the Month of February 1990, to Dave Olds, Hazardous Materials Specialist. Motion was made by Councilman Kloecker, seconded by Coun- cilman Gage 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 March 5, 1990; Approved Budget Transfers and Amendments as presented; Adopted Resolution No. 90-15 Establishing a $25.00 Fee for Vehicles Towed and Impounded, (Enabling Ordinance effective 3-22- 90) ; RESOLUTION NO. 90 - 15 RESOLUTION OF THE CITY COUNCIL OF THE CITY A FEE FOR VEHICLES TOWED AND IMPOUNDED. PASSED AND ADOPTED this 19th day of March, vote: AYES: OF GILROY ESTABLISHING 1990, by the following COUNCILMEMBERS: GAGE, HALE, KLOECKER, VALDEZ and HUGHAN None None; MUSSALLEM, NELSON, NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Res.90-16 Ord.90-5 Imprvmts. Bids re: Gilroy Food, PF-~ .i--au'/lfr Intro.New Emp. Pub. Hear. Z 89-7 ser-" /"\ : . ~ ' Adopted Resolution No. 90-16 Amending Resolution No. 89-11 and 89-46 Regulating Water Use; Noted Santa Clara Valley Water District Requesting Continuation of Water Use Restrictions; RESOLUTION NO. 90 - 16 RESOLUTION RESOLUTION PASSED AND vote: AYES: OF THE COUNCIL OF THE CITY OF GILROY AMENDING NOS. 89-11 AND 89-46 REGULATING WATER USE. ADOPTED this 19th day of March, 1990, by the following NOES: ABSENT: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON, VALDEZ and HUGHAN COUNCILMEMBERS: None COUNCILMEMBERS: None; Adopted Ordinance No. 90-5 Enacting Chapter 7 of the City Code Entitled "Cost Comparison system for Fee and Service Charge Revenue" ; ORDINANCE NO. 90 - 5 AN ORDINANCE OF THE CITY OF GILROY ENACTING CHAPTER 7 OF THE GILROY CITY CODE ENTITLED "COST COMPARISON SYSTEM FOR FEE AND SERVICE CHARGE REVENUE". PASSED AND ADOPTED this 19th day of March, 1990, by the following vote: AYES: COUNCILME~ERS: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON, VALDEZ and HUGHAN COUNCILMEMBERS: None COUNCILMEMBERS: None; and; NOES: ABSENT: Accepted Improvements for the following projects: Frank G. Arredono, 7761 Church Street; Rosso's Furniture; Matt Keahey, 7821 ponderosa Drive; Hewell & Sheedy, 8110 Swanston Lane; and 10th st. Repair & Overlay Project 1989-2. City Administrator Baksa presented a recommendation of James M. Montgomery, Consulting Engineers, Inc. to award the bid of Rain for Rent for the Gilroy Food Processor Wastewater Facility for the 1990-1991 season. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that the bid of Rain for Rent be awarded for the 1990-1991 season for the Gilroy Food Processor Wastewater Facility as recommended. The Mayor Introduced New Employee: Janie Alexander, Building Inspector. The Mayor stated that it was the time and place scheduled for the Public Hearing to Consider a Rezoning Request from R2 (Two Family Residential) to R2 PUD (Two Family Residential) Planned Unit Development District, Z 89-7, Gilroy-Del Monte Properties, Applicant. The Mayor noted that due to a conflict of interest she would not participate in the discussion nor action on the matter, but would Chair the Public Hearing. 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 the proposal. Mr. Richard Anderson, representing the applicant addressed the Council, noting that he was present to answer any questions concerning the project. The Mayor asked if there was anyone further in the audience wi~hing to speak for or against the proposal. ,,- 8 5. fj ,.-~. .... L. A/S89-48 Pub.Hear. Garb. Rates Mr. Miguel Paredes, addressed the Council in opposition to a POD designation for development of this property. The Mayor asked if there was wishing to speak on the proposal. anyone in the audience. The Mayor anyone further in the audience There was no comment from closed the Public Hearing. Motion was made by Councilman Mussallem seconded by Councilwoman Nelson and carried that the Negative Declaration for the project be approved. Motion was made by Councilman Mussallem seconded by Councilwoman Nelson and carried that the reading of the proposed ordinance rezoning the property be waived and that it be introduced and published by title and summary. Council reviewed and discussed A/S 89-48 Planned Unit Development (Gilroy-Del Monte properties, Inc.) Discussed Conditions #16 re: Maintenance Agreement and #17 re: Upgraded Landscaping recommended by the Planning Commission in addition to Staff's 15 recommended conditions. Motion was made by Councilman Mussallem seconded by Councilman Valdez and carried that the Public Hearing be re-opened in order to hear from Mr. Bill Henry, Garcia & Henry Civil Engineers of the project. Mr. Bill Henry, addressed the Council recommending the City allow proceeding with a Maintenance Agreement with the property owners rather than a Homeowner's Association requirement. The Mayor closed the Public Hearing. Motion was made by Councilman Kloecker seconded by Councilman Gage and not carried to approve the 17 Conditions by the following Roll Call Vote: Ayes: Councilmembers: Gage and Kloecker; Noes: Councilmembers: Hale, Mussallem, Nelson and Valdez. Motion was made by Councilman Hale seconded by Councilwoman Nelson and carried that the recommended 16 Conditions for the project be approved (eliminating Condition #17). Councilman Kloecker voted "no" on the motion. The Mayor stated that it was the time and place scheduled for a Public Hearing to Consider Revision and Adjustment of Charges for the Collection of Garbage, Rubbish and Refuse. A letter from South Valley Refuse Disposal, Inc. regarding rate increase to cover Curbside Recycling Program was noted and further explained by City Administrator Baksa. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Mr. Miguel Paredes, addressed the Council recommending penalizing those residents that do not recycle their recyclable materials. Ms. Suellen Rowlison, 785 Williamsburg Way, addressed the Council commending them for action taken for the Recycling Program. Mr. Victor Guerra, High School Student, addressed the Council inquiring about discarding used automotive oils. City Administrator Baksa noted correspondence received from Debra Pearlman and Susan Gonzales objecting to the proposed $1.00 fee for the recycling program. The Mayor asked if there was anyone further in the audience wishing to speak for or against the proposal. There was no comment from anyone in the audience. The Mayor closed the Public Hearing. Sewer Alt. Res.90-18 PERS Intro.Ord. ~\853 Motion was made by Councilman Gage seconded by Councilman Kloecker that the reading of Resolution No. 90-17 be waived and that it be adopted approving Fees recommended for the Recycling Program. RESOLUTION NO. 90 - 17 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY FIXING MAXIMUM CHARGES FOR THE COLLECTION OF GARBAGE, RUBBISH AND REFUSE. PASSED AND ADOPTED this 19th day of March, 1990, by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, VALDEZ and HUGHAN COUNCI LMEMBER : NELSON COUNCILMEMBERS: None. NOES: ABSENT: (The Mayor deviated from the regular agenda in order to accommodate interested persons in the audience.) The Mayor asked if there was anyone in the audience wishing to speak on any item not on the agenda. Mr. Ernie Stanford, 7785 Eigleberry Street, addressed the Council requesting that trucks not be allowed to park on First Street at least near the driveways to the st. Mary's Cemetery. The matter was referred to Staff for investigation. Mr. Oswald Tinsley, Fillipelli Drive, addressed the Council noting the same problem where Buttercup exits onto Westwood Drive, as vehicles are parked too close to the driveway, also where Buttercup exits onto Kern Avenue. The matter was referred to Staff for investigation. (Councilwoman Nelson left the Council Chambers at 9:25 p.m. and returned at 9:27 p.m.) Mr. Frank Delgado, Gilroy High School Student, addressed the Council requesting repair of the basketball court asphalt at San Ysidro Park. The matter was referred to Staff for investigation. (The Mayor continued with the regular order of the agenda.) Mr. John Burris, James M. Montgomery Engineers, Inc. addressed the Council presenting Sewer Alternatives for providing capacity needed by the Cities of Gilroy and Morgan Hill during construction of a separate Morgan Hill Plant. Council set April 9, 1990 at 7:00 p.m. as a Study Session to further discuss the Sewer Alternatives. A Resolution of Intention to amend the PERS Contract to remove the exclusion of "Elected Officials" was presented. Motion was made by Councilman Gage seconded by Councilman Kloecker that the reading of Resolution No. 90-18 be waived and that it be adopted. RESOLUTION NO. 90 - 18 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF GILROY. PASSED AND ADOPTED this 19th day of March, 1990, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GAGE, HALE, KLOECKER, VALDEZ and HUGHAN None None MUSSALLEM, NELSON, Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that the reading of the proposed ordinance be waived authorizing the Contract amendment, that it be introduced and published by title and summary. 5854 90-95 CIP SCCCA Filming Permit Process Global Cities proj. JPA City Administrator Baksa presented the 1990-1995 Capital Improvement Program approved by the Planning Commission and recommending approval of same by Council. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that the 1990-1995 Capital Improvement Program be approved. The Santa Clara County Cities Association Executive Commit- tee letter regarding Issues for SCCCA 1990 Workplan was noted. The Mayor requested Council to notify her or the City Clerk for any issues they may wish to include. A request of the League of California Cities for compliance with AB 4680 (Statham) (Chapter 955, statues of 1988) Motion Picture/ Television Filming Permitting was noted. Motion was made by councilman Kloecker seconded by Councilman Gage and carried that the Model Filming Permit Process as submitted be endorsed and adopted designating the City Administrator and Alternate, Senior Planner to work directly with the film industry as recommended. Council took no action to join the Global Cities Project for Earthday 1990 Invitation, but agreed to consider supporting activities by others. Councilman Kloecker noted that Suellen Rowlison had suggestions for this activity. Council agreed to re- agendize the matter on the April 2, 1990 Council Agenda. The following informational items were noted with no separate discussion on same: ABAG General Assembly Delegates and Alternates; Minutes of the Visitor's Bureau Advisory Committee Meeting of February 1, 1990 and February 1990 Financial Statement; Bay Air Quality Management District re: The California Clean Air Act and Transportation Control Measures; Santa Clara County Traffic Authority re: Air Quality Litigation; Proclamations Issued by Mayor Hughan: Arbor Day - March 10, 1990; Week of the Young Child - April 1-8, 1990; Head Start Week - April 1-8, 1990; Poison Prevention Week - March 18-24, 1990; and Social Service Work Month - March, 1990; State Department of Housing and Community Development re: Participation in the California Natural Disaster Assistance Program (CALDAP); Corporal Al Morales, Police Department Employee of the Month of January, 1990; South Valley Hospital in appreciation of City Staff; IGC Solid Waste Committee Second Annual Recycling & Resource Recovery Workshop, April 25, 1990, County Government Center, San Jose - 5:00-5:30 p.m. Dinner; 5:30-8:00 p.m. Program; Catholic Charities in appreciation for funding Homebound Senior Program; and County Commission on the Status of Women in appreciation. Noted the Updated Schedule for the Wastewater Treatment Plant Facility EIR. Noted the Minutes of the Joint Powers Sewer Advisory Committee Meeting of February 27, 1990. P.& R.Com. Res.#90-19 Council on Aging Hand. Appeals Board Lib.& Cult. Com.Ap. ABAG Jt.Meet. 58 5~, Noted the Minutes of the Parks and Recreation Commission Meeting of February 20, 1990. Noted the Minutes of the Senior Advisory Board Meeting of January 16, 1990. Noted the Minutes of the Library and Culture Commission Meeting of January 9, 1990. Noted the Minutes of the Gilroy Golf Course Advisorty Board Meeting of January 14, 1990. City Administrator Baksa noted a public hearing scheduled for the April 2, 1990 regular Council Meeting to consider increase in water rates necessary under the Water Conservation Program. Noted a letter from Roland E. Snyder regarding Water Conservation. City Administrator Baksa requested action on a resolution as an emergency measure in order to receive state assistance for earthquake loans. Motion was made by Councilwoman Nelson seconded by Councilman Hale and carried that action be taken on the proposed earthquake resolution as recommended. Motion was made by Councilman Hale seconded by Councilwoman Nelson that the reading of Resolution No. 90-19 be waived and that it be adopted. RESOLUTION NO. 90 - 19 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY FOR AND IN SUPPORT OF THE STATE OF CALIFORNIA APPLICATIONS FOR FUNDS FOR THE 1989 NORTHERN CALIFORNIA EARTHQUAKE PROJECT APPLICATION FOR STATE OF CALIFORNIA ASSISTANCE. PASSED AND ADOPTED this 19th day of March, 1990, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GAGE, HALE, KLOECKER, VALDEZ and HUGHAN None None MUSSALLEM, NELSON Motion was made by Councilman Kloecker seconded by Council- man Gage and carried that Waldo W. Mathilainen be appointed as the City'S Representative to the Advisory Council on Aging for the unexpired term of June 1991, as recommended by the Mayor. Motion was made by Councilman Kloecker seconded by Council- man Hale and carried that the following be appointed to the Handicapped Appeals Board: Skip Pridham, Paul Kloecker, Barbara C. Khyan, Laurie Matt and Ben Pappani as recommended, noting that the appointed members would draw for term expiration dates; ordinance requirement. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that Dyan S. Tinsley be appointed to the Library and Culture Commission to fill the unexpired term (1-1-94) as recommended. The Mayor noted the ABAG Regional Planning Committee Draft Policy Statement requesting Council comments prior to April 4, 1990 ABAG meeting. Noted the Council Study Session scheduled for March 26, 1990 to discuss the Citywide Participation Program, noting Tim Filice, Chuck Morales and Dave Bouchard wish to be included and requested Councilmembers inform her of the public members the Council will invite in order to send them information prior to the meeting. Noted the Joint Gilroy Council Chamber of Commerce Luncheon change in date to March 30, 1990 at 12:00 noon at the Forest Park Inn Conference Room, requesting RSVPs to the City Clerk. '.'--. (." 5 /' ~. 0"" t-, ...... ",,_i Adjrnmt. Councilman Kloecker gave an update on the Congestion Management Plan. Councilman Mussallem noted the Legislative Review Council of the Chamber of Commerce and noted they will have a recommendation on the SCA 1 proposition. Councilman Valdez noted he will be working on split shifts but will not interfere with Monday Council Meetings and study Sessions and invited Council to his Company's Grand Opening at 7652 Monterey Street on March 30, 1990 with music and entertain- ment from 5:00 to 7:00 p.m. Councilman Mussallem requested a list of Council priorities. City Administrator Baksa noted that same are being prepared. At 10:20 p.m. the Mayor adjourned the meeting. Respectfully submitted, ~~~?d~