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Minutes 1990/07/02 Regular Meeting July 2, 1990 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag at 8:02 p.m. Invocation Pastor Achilles, Trinity Bible Church, gave the Invocation. Posting Agenda The City Clerk reported that the Agenda had been posted on June 28, 1990 at 4:21 p.m. Roll Call Present: Councilmembers: Leonard A. Hal~, Paul V. Kloecker, Larry Mussallem, Sara C. Nelson, Pete Valdez, Jr. and Roberta H. Hughan. Absent: Councilmember: Donald F. Gage. Intro.New Employee Public Safety Director Gillespie introduced New Employee: Virginia Montano, Police Administrative Assistant. Consent Calendar Motion was made by Councilman Kloecker seconded by Council- Councilman Hale that the following items under the Consent Calendar be approved by the following Roll Call Vote, removing Item "C" for further discussion requested by Councilwoman Nelson: Ayes: Councilmembers: Hale, Kloecker, Mussallem, Nelson, Valdez and Hughan; Absent: Councilmember: Gage: Minutes Ord.90-14 Ord.90-15 Agree.re: C.I.S. Res.90-37 Claims Res.90-38 r 8 (. 7 ..... ~i ".'. _.v' , "',i Approved the Minutes of the Regular Council Meeting of June 18, 1990; Adopted Ordinance No. 90-14 Rezoning from C1 (Neighborhood Commercial) District to R2 (Two Family Residential) District at 163 Third street, between Church and Eigleberry streets, Z 90-3; ORDINANCE NO. 90 - 14 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING A 0.0125 ACRE PARCEL, MORE OR LESS, AT 163 THIRD STREET FROM C1 (NEIGHBORHOOD COMMERCIAL) DISTRICT TO R2 (TWO FAMILY RESIDENTIAL) DISTRICT. PASSED AND ADOPTED this 2nd day of July, 1990 by the following vote: AYES: COUNCILMEMBERS: HALE, KLOECKER, MUSSALLEM, VALDEZ and HUGHAN None GAGE; NELSON, NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: Adopted Ordinance No. 90-15 enacting Section 37.24(s) of the zoning Ordinance to permit projecting signs of less than four square feet; ORDINANCE NO. 90 - 15 AN ORDINANCE OF THE CITY OF GILROY ENACTING SECTION 37.24 (s) OF THE ZONING ORDINANCE TO PERMIT PROJECTING SIGNS OF LESS THAN FOUR SQUARE FEET. PASSED AND ADOPTED this 2nd day of July, 1990, by the following vote: AYES: COUNCILMEMBERS: HALE, KLOECKER, MUSSALLEM, VALDEZ and HUGHAN None GAGE; NELSON, NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: Approved a Second Amendment to an Agreement to provide local law enforcement agency access to the California Identification System; Adopted Resolution No. 90-37 Commending Services of Joseph A. Romeo, Fire captain; RESOLUTION NO. 90 - 37 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY COMMENDING SERVICES OF JOSEPH A. ROMEO, FIRE CAPTAIN UPON HIS RETIREMENT. PASSED AND ADOPTED this 2nd day of July, 1990, by the following vote: AYES: COUNCILMEMBERS: HALE, KLOECKER, MUSSALLEM, VALDEZ and HUGHAN None GAGE; NELSON, NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: Denied Earthquake Damage Claims of the following as recommended: Richard/Gail Roseman, Ronald/Grace Smith, Steve Tyson, Walter/Loretta Emerdinger, T.W./A.M. Johnson, George A. Mulcady, Robert/June Taulber, Gregory Toscano, Dorris Johnson, W. J. Searlee III, G. W./J.F. Larner, D.P./A.T. Montag and S./J.P. Kaangsen; Adopted Resolution No. 90-38 approving new Soundwall Standards; RESOLUTION NO. 90 - 38 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING SOUNDWALL STANDARDS. PASSED AND ADOPTED this 2nd day of July, 1990, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: HALE, KLOECKER, MUSSALLEM, VALDEZ and HUGHAN None GAGE; NELSON, t;8Cl4. ~.. 7 ~ Dev.Agree. J. Martin Res.90-39 Ord.Amdmt. Ord.90-16 JMM Eng. Centrex- Cablecast- ing Pub. Hear. Wheeler Bldgs. Approved Development Agreement #90-19, Jerry Martin, 7766 Church Street as recommended; and Adopted Resolution No. 90-39 Revising Salary Schedule, effective July 1, 1990. RESOLUTION NO. 90 - 39 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING THE 1990-91 SALARY SCHEDULES FOR CITY OFFICERS AND EMPLOYEES. PASSED AND ADOPTED this 2nd day of July, 1990 by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: HALE, KLOECKER, MUSSALLEM, VALDEZ and HUGHAN None GAGE NELSON, Discussion was had on the proposed Ordinance Text Amendment to the Zoning Ordinance to change several areas, including defini- tions, use tables, sign regulations, boundaries, RH District, residential site and building requirement table, historic site accessory buildings, public property, non-conforming uses and buildings, and architectural and site approval. Motion was made by Councilman Kloecker seconded by Councilman Hale that the reading of Ordinance No. 90-16 be waived and that it be adopted. ORDINANCE NO. 90 - 16 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTIONS 2.20, 3.50, 9.32, 9.41, 10.30, 11.30, 18.30, 22.30, 27.52, 34.31, 34.32, 35.22, 36.40, 37.31, 37.32, 37.50, 37.52, 39.30, 41.20, 46.10, 47.40, 48.22 AND 50.41 OF THE ZONING ORDINANCE. PASSED AND ADOPTED this 2nd day of July, 1990, by the following vote: NOES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBER: COUNCILMEMBER: HALE, KLOECKER, HUGHAN NELSON GAGE MUSSALLEM, VALDEZ and City Administrator Baksa presented an agreement with James M. Montgomery Consulting Engineers for a proposal for engineering services for Evaluation of Air Toxics Emissions and Associated Risks recommending approval of same. Motion was made by Councilwoman Nelson seconded by Council- man Hale and carried that the agreement with James M. Montgomery Consulting Engineers be approved as presented and recommended for engineering services for Evaluation of Air Toxics Emissions and Associated Risks. City Administrator Baksa presented a recommendation to approve Centrex's proposal to upgrade the City's telephone system. Motion was made by Councilman Kloecker seconded by Council- man Valdez and carried that Centrex's proposal to upgrade the City's telephone system be approved as presented and recommended. City Administrator Baksa presented a recommendation to approve the bid of Ceitronics for the cablecasting facility. Motion was made by Councilman Kloecker seconded by Councilman Hale and carried that the bid of Ceitronics be approved for the cablecasting facility as recommended. The Mayor noted that it was the time and place scheduled for the continued Public Hearings to consider a General Plan Amendment request and rezoning of 3.74 acres, Wheeler Hospital Association, applicant, GPA 89-4 and Z 89-5 respectively, noting the appli- cant's request to continue same for one year. Motion was made by Councilman Hale seconded by Councilman Kloecker and carried that the Public Hearings on the Wheeler Hospital Association application be continued to July 1, 1991 as requested. Agree.UNET Alcohol Tax Visitor's Bureau Toxic Gas Ord. Cong.Mgmt. Plan.Agency ~ 8 ('I c: ";,,. '/ '--) city Administrator Baksa presented a recommendation to approve a contract for Inter-Agency Agreement "UNET". Discussion was had by Council on the matter. Public Safety Director Gillespie further explained the contract. Motion was made by Councilman Hale seconded by Councilman Kloecker and carried that the contract for Inter-Agency Agreement "UNET" be approved as submitted. A request of the City of Sacramento for support for the California Alcohol Tax Act of 1990, continued from June 18, 1990 Regular Council Meeting was noted. The Mayor asked if there was anyone in the audience wishing to speak on the matter. Mr. Tom Kruse, 7820 Miller Avenue, addressed the Council on behalf of his winery on Hecker Pass Highway noting opposition to the increase tax. Mr. Daniel Carlyle, San Martin resident, addressed the Council in favor of the proposal. Mr. Roger Baldetar, Morgan Hill, addressed the Council noting that he assisted in collection of the signatures for the initiative and is in favor of the proposal. Ms. Heather Hartman, Senior at Gilroy High school, addressed the Council noting support for the proposal. Mr. William Bowen, resident and South County Counseling worker, addressed the Council noting that he supports the tax for an increase in funds needed. Mr. George Gates, South Valley Counseling Center, addressed the Council in favor of the proposal. Councilman Valdez requested those persons in the audience in favor of the proposal to stand and asked those against the proposal to also stand. Motion was made by Councilman Valdez seconded by Councilman Kloecker and carried that Council action on the matter be tabled to the July 16, 1990 regular Council meeting in order to have a full Council present. Councilmembers: Mussallem and Nelson voted "no" on the motion. Ms. Nancy Reagan, Gilroy, addressed the Council noting that many people have to deal with the alcohol problem that are not alcoholics. Mr. Ed Gould, Gilroy Visitor's Bureau, addressed the Council and gave a presentation on their Plan of Action. The Gilroy Visitor's Bureau presented a plaque to Councilman Valdez for his years of service on the Bureau and to Councilman Gage for representing the Council on the Bureau. City Administrator Baksa presented a recommendation on adoption of Article 90, Uniform Fire Code Toxic Gas Model Ordinance. Discussion was had by Council on the matter. made by Councilman Kloecker seconded by Councilman carried that a Study Session be scheduled for July 7:00 p.m. regarding the Toxic Gas Model Ordinance. Motion was Mussallem and 23, 1990 at Councilwoman Nelson noted that Gilroy Canning Company did not receive a copy of the proposal. A request of Representative and Agency was noted. Supervisor McKenna for selection of a City Alternate to the Congestion Management Planning Councilman Kloecker requested that same be ~80h ~ 7_ J~ Shapell Mormon Church Prop. continued to July 16, 1990. He further suggested that Council consider forming a Transportation Advisory Committee between Gilroy and Morgan Hill, one Councilmember and one Staff for each City to act as a coordinating committee for the Congestion Management Agency. The following informational items were noted with no separate discussion on same: Minutes of the Visitor's Bureau Advisory Committee Meeting of May 3, 1990 and May 1990 Financial statement; Proclamation issued by Mayor Protempore Kloecker: Mayor Ernie Kell of Long Beach, a Favorite Son of Gilroy; Department of Finance Certification of the City of Gilroy'S January 1, 1990 Population Estimate; Request from Sandrino's to purchase equipment at the Old City Hall; National League of Cities Conference July 29-31, 1990, San Francisco and september 16-18, 1990, San Antonio, Texas; City in Appreciation to Goldsmith Seeds, Inc. for donation in Memory of Hy Miller; and ABAG Appointment of Councilman Kloecker to City Selection Committee. It was noted no change from 6-4-90 on the Sewer Plan EIR process update. City Administrator Baksa noted no update on the Water Conservation Program. City Administrator Baksa noted a request of Shapell to pre- design a Reclamation Plant facility and development review process. Council had no objection to Shapell pre-designing their facility with no guarantee on approval of their General Plan Amendment and EIR. City Administrator Baksa presented a request of the Church of Jesus Christ of Latter Day Saints property located outside the City Limits for a permanent connection to City water. Pastor Darrold Schaffer addressed the Council further explaining their request. It was noted that this is not an emergency nature and would be agendized on the July 16, 1990 Council Agenda with a Staff recommendation on same. City Administrator Baksa noted completion of customer service training for non-supervisory personnel. City Administrator Baksa requested Councilmembers that have not brought in their budgets to turn them in to City Hall for a revised update. Council set Tuesday, July 17, 1990 at 7:00 p.m. in Morgan Hill Council Chambers for a Joint Gilroy/Morgan Hill Council study Session to discuss Sewer Alternatives. (This meeting changed to 6:30 p.m.) Councilman Hale requested an update on the traffic light proposed for Tenth and Church Streets. City Administrator Baksa noted that he would inquire as to same. Planning Commissioenr Representative Cooper noted that the Planning Commission had received information that the design was completed but that there was a coordination problem between the other two stop lights. Councilman Valdez noted that he had not submitted his nominations for the Citizens' Participation Task Force but will submit them. 5897 The following meetings were noted: Joint Council/Planning Commission Study Session to discuss the General Plan Housing Element Update, July 9, 1990 - 7:00 p.m., Gilroy Senior Center. Joint Gilroy/Morgan Hill City Councils' Closed Session to discuss threatened litigation regarding the Environmental Impact Report for the Long-Term Wastewater Management Plan for the Cities of Gilroy and Morgan Hill, July 1, 1990 - 6:00 p.m., Morgan Hill City Council Chambers. Joint Gilroy/Morgan Hill City Councils' Special Meeting re: Certification of Sewer EIR and Discussion and Selection of Alternative for the Long Range Sewer Plan, Adoption of Findings, Mitigations, Statement of Overriding Considerations and Monitoring Program, July 11, 1990 - 7:00 p.m., Morgan Hill City Council Chambers. Annual City Barbecue, August 18, 1990, 4:30 p.m. - 11:00 p.m., Christmas Hill Park. Adjrnmt. At 10:13 p.m. the Mayor adjourned the meeting. Respectfully submitted, ~~b~