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Minutes 1988/10/03 Invocation Posting Agenda Roll Call Proc. Consent Calendar Minutes Ord.88-17 Ord.88-18 Impr. Pub.Hear. re: Garb. Rates 5679 Regular Meeting October 3, 1988 Gilroy, California The Mayor Protempore led the Pledge of Allegiance to the Flag. The Mayor Protempore called on Moses Mariscal, Revival Chapel, to give the Invocation. The City Clerk reported that the Agenda had been posted on September 29, 1988 at 9:54 a.m. Present: Councilmembers: Donald F. Gage, Paul V. Kloecker, Larry Mussallem, Daniel D. Palmerlee, Pete Valdez, Jr. and Leonard A. Hale; Absent: Councilmember, Roberta H. Hughan. The Mayor Protempore presented a Proclamation commemorating Fire Prevention Week - October 9th through 15, 1988 to Ed Montez, representing the Fire Department who further explained activities scheduled for the week. 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, Kloecker, Mussallem, Palmerlee, Valdez and Hale; Absent: Councilmember: Hughan: Approved the Minutes of the Regular Council Meeting of September 19, 1988; Adopted Ordinance No. 88-17 accepting the Penal Code requirements relating to the selection and training standards of Public Safety Dispatchers; ORDINANCE NO. 88 - 17 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GILROY ACCEPTING THE PENAL CODE REQUIREMENTS RELATING TO THE SELECTION AND TRAINING STANDARDS OF PUBLIC SAFETY DISPATCHER. PASSED AND ADOPTED this 3rd day of October, 1988, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: GAGE, KLOECKER, MUSSALLEM, VALDEZ and HALE None HUGHAN; PALMERLEE, Adopted Ordinance No. 88-18 adding Article V of Chapter 12A pertaining to the establishment of a Parking and Business Improvement District within the City. ORDINANCE NO. 88 - 18 AN ORDINANCE OF THE CITY OF GILROY ADDING ARTICLE V OF CHAPTER 12A OF THE CITY CODE, PERTAINING TO THE ESTABLISHMENT OF A PARKING AND BUSINESS IMPROVEMENT AREA WITHIN THE CITY OF GILROY. . PASSED AND ADOPTED this 3rd day of October, 1988, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: GAGE, KLOECKER, VALDEZ and HALE None HUGHAN; and MUSSALLEM, PALMERLEE, Accepted Improvements for Solis Rancho II, Tract #7818 and Starritt Construction, 655 Dawn Way. Motion was made by Councilman Mussallem seconded by Coun- cilman Gage and carried that the Continued Public Hearing to consider revision and adjustments of charges for the collection of garbage, rubbish and refuse in the City of Gilroy be further continued to the November 7, 1988 regular meeting requested by South Valley Refuse & Disposal. t:;6'Ofl., -' Uu Pub. Hear. re: Shapell Ind. The Mayor Protempore stated that it was the time and place scheduled for the Continued Public Hearing to Consider a General Plan Amendment request for inclusion in the 20 Year Planning Area from Rural Residential and Hillside Residential and "no designation - beyond the General Plan Area" to Low Density Residential and Hillside Residential, on property located southwest of Santa Teresa Boulevard, on approximately 1,761 acres, Shapell Industries of Northern California, Applicant - GPA 87-1. Mayor Protempore Hale noted that he left during a portion of the original Public Hearing (9-19-88) and has read the trans- cript of said meeting and would participate in the discussion of the continued Public Hearing and would vote upon the matter. The Staff Report was noted and further explained by Planning Director Dorn. The letter from Bruce Tichinin, Attorney re: CEQA and Statement of Overriding Consideration Deficiencies was noted. The letter from People for Open Space/Greenbelt Congress opposed to the project was noted. Planning Director Dorn noted that additional information on the Hearing and EIR for the project is forthcoming and recom- mended that the Continued Public Hearing be held, closed and Council discussion and action be continued to the November 7, 1988 Regular Meeting. The Mayor Protempore asked if there was anyone in the audience wishing to speak for or against the proposal. Mr. Jim McKeehan, Attorney representing Shapell Industries, addressed the Council and distributed copies of his response to Mr. Tichinin at the original Public Hearing regarding CEQA, EIR, Mitigation Measures/Alternatives, and Statement of Overriding Considerations and called upon Mr. Malcolm Sproul for presenta- tion of additional information regarding the Tiger Salamander. Mr. Malcom Sproul, Resource Management and Environmental Restoration, addressed the Council and gave additional informa- tion regarding the Tiger Salamander, summarizing same. The Mayor Pro tempore asked if there was anyone further in the audience wishing to speak on the matter. Mr. Richard Pontius, 8200 Kern Avenue, addressed the Council noting an adequate study needs to be completed regarding the Tiger Salamander and that a minimum of one year is required for said study. Mr. Bruce Tichinin, Attorney representing Mr. Pontius, addressed the Council requesting that the attorney's opinions be presented to him prior to Council's decision on the matter and further requested that Councilmembers: Gage, Mussallem ,and Valdez abstain from voting on the issues due to conflict of interests in the project, further explaining same. He further emphasized that Council action taken must prevent elimination of the Tiger Salamander. Ms. Vicki Moore, Santa Clara County Field Representative for Greenbelt Aliance, formerly known as People for Open Space, 960 West Hedding Street, San Jose, addressed the Council opposing the proposed development because it is entirely outside the City's 20 Year Development and if approved would be poor planning. Ms. Sharon Holloway, 840 Carignane, addressed the Council opposing the proposed project. Ms. Carolyn Bolander, 185 Farrell Avenue, addressed the Council opposed to the proposed project noting same is not in the best interest of the community. Steel-Jaw Traps Co.GPAs Arcadia Dev.Co. r t:: n J061 Mr. David Bouchard, representing the Gilroy Chamber of Commerce, addressed the Council noting the Chamber's favorable position on the proposed development. Mr. Sam Bozzo, 727-5th Street, addressed the Council both as a citizen of Gilroy and in his official capacity with the School District, noting the project allows for orderly planning for the schools and is in favor of Shapell Industries quality homes. The Mayor Protempore asked if there was the audience wishing to speak on the matter. further comments from anyone in the audience, Hale closed the Public Hearing. anyone further in Following no Mayor Protempore Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that Staff's recommendation be approved to continue their deliberations and action to the November 7, 1988 Regular Council Meeting to allow additional input regarding the EIR and comments to same. (At 9:14 p.m. the Mayor Protempore declared a 5 minute recess and reconvened the meeting at 9:20 p.m.) A County of Santa Clara Ordinance Prohibiting the Use of Steel-Jawed Traps was noted. Motion was made by Councilman Gage seconded by Councilman Palmer lee and carried that a City ordin- nance enacting Section 16.36 of the City Code so as to prohibit the use of steel-jawed traps in the City be introduced and published by title and summary. The following 1988 Santa Clara County General Plan Amendment proposals were noted and Staff recommndations further explained by Planning Director Darn: 1. Cancilla - Motion was made by Councilman Kloecker seconded by Councilman Palmer lee and carried that Staff's recommendation for denial of the application be approved; 2. Matlock - Motion was made by Councilman Kloecker seconded by Councilman Palmerlee and carried that Staff's recommendation to require preparation of an EIR be approved; 3. Nejasmich - Motion was made by Councilman Kloecker seconded by Councilman Palmerlee and carried that Staff's recommendation for denial of the application be approved to include the Mayor's comments; 4. Rodrigues - Noted applicant withdrew application; no further action required at this time; 5. Silvera - Motion was made by Councilman Gage seconded by Councilman Palmerlee and caried that no objection to the application be approved as recommended by Staff to include emphasis on "no sales" to be allowed; 6. Tognetti - Heard from Ms. Carolyn Tognetti further explaining the application and noting they are agreeable to work with Council in the future. Motion was made by Councilman Kloecker seconded by Councilman Gage and carried to approve Staff's recommendation for denial of the application. 7. San Martin Non-Residential Development Guidelines Policy - Motion was made by Councilman Palmerlee seconded by Councilman Gage and carried that Staff's recommendation to support same be approved. A request of Arcadia Development Company for an Ordinance amendment for reduction of minimum garage dimension requirements was noted and the Staff Report further explained by City Administrator Baksa. Heard from Mr. Lou Tersini, representing Arcadia Homes, further explanation of same. c;68') '-' L. Hwy.152 Measure I JPA Com. 8-12-88 Historic Herit.Com. Xmas Dec. Council referred the matter to Staff and the Planning Commission to proceed under the Variance procedure on said request. A letter from the School District regarding Traffic on Highway 152 was noted regarding the following: Re-signing of Highway 152 to include Ferguson and Leavesley Roads as an optional route to Highway 101/San Jose. Motion was made by Councilman Mussallem seconded by Councilman Gage and carried that Staff's recommendation to support the School District's request to CalTrans and Santa Clara County to sign Ferguson/Leavesley Roads as an optional route to Highway 101/San Jose, be approved but that this route be temporary in nature (5- 10 yrs.) until Highway 152 is rerouted or traffic congestion becomes a problem on Leavesley Road, whichever comes first. Installation of traffic signals and other controls at the intersections of Highway 101 and Tenth Street at Highway 152 and Brem/Renz Lane. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that the Mayor write the State requesting their participation of 100% since same is entirely in the State right-of-way. (City Administrator to inquire if the other side was studied and warranted.) Took no action on the Truck Stop proposal at Highway 152 and Brem/Renz Lane as the matter has been withdrawn at the present time. City Administrator Baksa noted that he would notify the School Board of the City action on these items. Noted the request of Bay Area Council for endorsement of Regional Measure I - Bridge Toll Referendum and the City of San Jose requesting support of same. Motion was made by Councilman Kloecker seconded by Council- man Palmerlee and carried that the City Council supports Regional Measure I as requested. Councilman Mussallem voted "no" on the motion. Noted the following informational items: Minutes of the Gilroy Downtown Development Corporation Meeting of August 19, 1988; The Builder Bank re: Developer Participation in Community Program; (Councilman Kloecker noted that Mr. Russell apologized for not receiving all the facts prior to sending this letter. Councilman Gage noted that he also called Mr. Russell on this matter.); Report of Investments with Maturities Exceeding One Year; Proclamations Issued by Mayor Hughan: "Red Ribbon Week" - October 23-30, 1988; Mary Prien, 1988 Woman of the Year; Val Filice, 1988 Man of the Year; and Gilroy Foods, 1988 Business of the Year; and ABAG Notice of Election. Noted the Minutes of the Joint Powers Sewer Advisory Committee Meeting of August 23, 1988. Noted the Minutes of the Historic Heritage Committee Meet- Meeting of September 23, 1988. City Administrator Baksa noted a request of the Gilroy Chamber of Commerce for the City to install the Christmas decorations on the electroliers and that they will install the lights on the trees and decorate the large Christmas Tree, rather than upholding the City's previous policy that the Chamber would pay for 50% of the cost of the City installing all the lights and decorations. Dr. Phil Buchanan, addressed the Council further explaining same. Noise Ord. Adj rnmt. I:-E'07 ~'..""'O'. ...., ~. 1 '__: Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that the City will install the Christmas decorations on the electroliers and the Chamber will install the lights on the trees and decorate the large Christmas Tree as presented. City Administrator Baksa presented additional information regarding the proposed Noise Ordinance to be further discussed at the October 24, 1988 regular Council Meeting when additional information will be provided for introducing the proposed ordinance. The Mayor Protempore noted the following meetings: South Valley Hospital Tour, October 10, 1988 - 5:30 p.m.; Inter-City Council Meeting, October 13, 1988 - 6:30 p.m., Hyatt-San Jose; League of California Cities Annual Conference - October 16th-19, 1988 - San Diego; Fire Department Bucket Brigade, October 15, 1988; and Cecil Reinsch's Retirement Dinner - January 14, 1988. At 10:28 p.m. the Mayor Protemppore adjourned to a Closed Session re: Personnel Matter and in accordance with Section 54957 of the Government Code. At 11:15 p.m. the Mayor Protempore reconvened the Meeting and further adjourned to Monday, October 24, 1988 at 8:00 p.m., noting the October 17, 1988 regular meeting to be cancelled due to the Annual League of California Cities Conference in San Diego. Respectfully submitted, 4~~ ~-c;d~