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Minutes 1989/01/17 Invocation Posting Agenda Roll Call Emp.Awards Res.Wenne- berg T.Campbell Consent Calendar 5711 Regular Meeting January 17, 1989 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. The Mayor called on Ltd. Trimmer, Salvation Army, to give the Invocation. The City Clerk reported that the Agenda had been posted on January 12, 1989 at 9:46 a.m. Present: Councilmembers: Donald F. Gage, Leonard A. Hale, Paul V. Kloecker, Larry Mussallem, Daniel D. Palmerlee, Pete Valdez, Jr. and Roberta H. Hughan., The Mayor presented the Employee of the Month for December, 1988 Award to Co-Employees, Wade Berry and Raul Caballero, Tree Climbers. The Mayor presented Jeanne Wenneberg, retired, a Resolution commending her services with the City. Heard from Congressman Tom Campbell noting his address for his local office to be: 599 N. Mathilda Avenue, Suite 105, Sunnyvale, CA 94086 (408) 245-4835 and that he is investigating an office for Gilroy/Morgan Hill area. Motion was made by Councilman Kloecker seconded by Councilman Hale that the following items under the Consent Calendar be approved by the following Roll Call Vote: Ayes: Councilmembers: Gage, Hale, Kloecker, Mussallem, Palmerlee, Valdez and Hughan: 5712 Minutes Res.89-5 Res.89-6 Impts. Dev.Agree. Budget Com.Dev. Roll Call Res.89-1 Pub. Hear. S.Co.Plan. proj. Approved the Minutes of the Regular Council Meeting of January 3, 1989; Adopted Resolution No. 89-5 calling for formation of Fiscal Review Committee for the Community Development Agency of the City; RESOLUTION NO. 89 - 5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CALLING FOR THE CONVENING OF A FISCAL REVIEW COMMITTEE. PASSED AND ADOPTED this 17th day of January, 1989, by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN None None; l ...", NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Adopted Resolution No. 89-6 commending and,honoring Mary Prien, Museum Director and City Historian, upon her retirement; RESOLUTION NO. 89 - 6 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY COMMENDING SERVICES OF MRS. MARY PRIEN. PASSED AND ADOPTED this 17th day of January, 1989 by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, PALMERLEE,VALDEZ, and HUGHAN COUNCILMEMBERS: None COUNCILMEMBERS: None; NOES: ABSENT: Accepted Improvements for Print Spot and South County Chrysler; Approved the following Development Agreements: Howson Industries, (Kentucky Fried Chicken); Alan R. Owens (Luchessa Avenue); Hewell & Sheedy Construction (Monterey Street); and Hewell & Sheedy and Thomas J. Obata (Rancho Real); and - Approved Budget Amendments and Adjustments as recommended. , ..... The Mayor adjourned the meeting sine die and called the Redevelopment Agency meeting to order. Present: Agencymembers: GAGE, HALE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN. Motion was made by Agencymember Hale seconded by Agencymember Valdez that the reading of Resolution No. 89-1 be waived and that 'it be adopted. RESOLUTION NO. 89 - 1 A RESOLUTION OF THE COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF GILROY AUTHORIZING TRANSMITTAL OF THE PRELIMINARY REPORT TO THE AFFECTED TAXING ENTITIES FOR THE GILROY COMMUNITY REDEVELOPMENT PROJECT AREA AND AUTHORIZING TRANSMITTAL OF THE DRAFT COMMUNITY REDEVELOPMENT PROJECT AREA PLAN AND DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE PROJECT UPON THEIR COMPLETION. PASSED AND ADOPTED this 17th day of January, 1989, by the following vote: AYES: AGENCYMEMBERS: GAGE, HALE, KLOECKER, VALDEZ and HUGHAN None None MUSSALLEM, PALMERLEE, ,- NOES: ABSENT: AGENCYMEMBERS: AGENCYMEMBERS: ~ The Mayor adjourned the Redevelopment Agency meeting and reconvened the regular Council Meeting noting the previous Roll Call to stand as recorded. The Mayor stated that it was the time and place scheduled for the Public Hearing to consider a Draft Environmental Impact Report (DEIR) for the South County Joint Planning Project (SCJPP) Policy Plan. ~ ... Priv.Outdoor- Enter.Permit Solicita- tion Hours - .... HCD Adv. Com. State Speed Limit Signs CalTrain Ext. ,... Jwi J . '~~~'...'~.%'i.,,,,,,,,,,,-""",,,,,~~,,"""'" c 7 '1 ~ ~ . I ,j 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 on the matter. There was no comment from anyone in the audience. Council discussion. Councilman Kloecker noted that the South County Planning Committee had reviewed the matter at their two previous meetings. The Mayor closed the Public Hearing. Motion was made by Councilman Hale seconded by Councilman Kloecker and carried that the Staff recommendation and twelve \ Planning Commission recommendations as presented be approved and forwarded to the South County Joint Planning Project Advisory Committee. City Administrator Baksa presented and explained a recom- mendation on a proposed revised ordinance amending Chapter 13A of the City Code regulating meetings, assemblies, parades, sound amplifying systems and live music re: Private Property Outdoor Entertainment Permit.) He noted that if approved the fees for same would be adopted in June. Motion was made by Councilman Palmer lee seconded by Councilman Gage and carried that the reading of the proposed ordinance be waived and that it be introduced and published by title and summary amending Chapter 13A of the City Code as recommended. The Mayor asked if there was anyone in the audience wishing to speak on any matter not on the agenda. Ms. Jane McClellan, representing South Valley and Wheeler Hospitals as a Public Relations Consultant, addressed the Council and noted the new hospital proposed opening this spring with building to be completed by March. City Administrator Baksa presented a proposed ordinance and recommendation to restrict hours of solicitation in the City of Gilroy from 9:00 a.m. to sunset. Discussion was had by Council on the matter. Motion was made by Councilman Gage seconded by Councilman Mussallem by the following Roll Call Vote that the reading of the proposed ordinance be waived and that it be introduced and published by title and summary restricting hours of solicitation in the City from 9:00 o'clock a.m. to sunset: Ayes: Councilmembers: Gage, Hale, Mussallem, Palmerlee, Valdez and Hughan; Noes: Councilmember: Kloecker. The Mayor requested nominations to replace HCD Citizens' Advisory Committee Member, Ann Juri. A request to support State installation of maximum speed limit signs on Highway 152 was noted and discussed. Hearing no objections, the Mayor noted that the City would write the State in support of installation of speed limit signs on State Highway 152 as requested. Council reviewed a request for endorsement of CalTrain Extension, Findings and Recommendations further explained by Mr. Steve Fisher, Project Manager. Discussion was had by Council on the matter. Motion was made by Councilman Mussallem seconded by Councilman Kloecker and carried that the City endorses the findings and recommendations as presented. 5714 D.Burgoyne re: Septic Tank Japanese Cultural Center City Administrator Baksa presented and explained a request of Mr. D. L. Burgoyne to allow construction of a home and septic tank within the City Limits, noting his response to Staff's recommenda- tion. Heard from Mr. Burgoyne further explanation of his request. Council discussed said matter. Motion was made by Councilman Gage seconded by Councilman Palmerlee and carried by the following Roll Call vote that the request to allow construction and septic tank to Mr. Burgoyne be denied. Ayes: Councilmembers: Gage, Hale, Palmerlee and Valdez; Noes: Councilmembers: Kloecker, Mussallem and Hughan. ~ (The Mayor deviated from the regular agenda in order to accommodate interested persons in the audience.) ... Discussed and reviewed the City's Response/Comment Letter regarding the proposed Japanese Cultural Center (City file #Cr 88- 18), further explained by Planning Director Dorn. The Mayor asked if there was anyone in the audience wishing to speak for or against the matter. Heard from Mr., Steve Sahlin, 2360 Dryden Avenue, representing local residents in the area noting that the project is good, but the location is wrong; urban use in a rural area that will cause traffic problems, impair present water quality and requested that the City's letter response be strengthened and that the project be relocated. Heard from Mr. Gray Rude, 3435 Dryden Avenue, requesting that Council consider the magnitude of sewage, size of roadway inadequate for proposed use. Heard from Ms. Mary Scott, noting that the project is adjacent to her 25 acres and that her water system is spring fed. She noted her opposition to the project. .... Heard from Mr. Sam Bozzo, representing the Gilroy Unified School District, noting no objection to the project. ..... Heard from Mr. Tony Adame, local resident, inquiring of traffic proposed vs. present traffic at the Flying Lady Restaurant. Staff noted that these figures were not available. Heard from Mr. Tony Taormino, 3185 Dryden Avenue, opposed to the project. Heard from Michelle. . . . . " 2360 Dryden Avenue, noting that the proposed project needs more sewer capacity than the two restaurants at Monterey Bay Aquarium and is opposed to a private package treatment plant. Heard from Ms. Mary Escobar, Dryden Avenue, opposed to the project at its proposed location. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. There was no further comment from anyone in the audience. Discussion was had by Council on the matter. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that a revised strengthened letter response be ..... forwarded to include additional Council comments regarding water quality issue, open-space, traffic situation, not in agreement with '~ the proposed 2,000 gallons per day, EIR does not adequately describe rebuilding of the road, impact fees need to be addressed regarding feasibility and implementation, nitrate issue regarding water, no sewer capacity available to handle this project at the City's wastewater treatment plant. Council requested that a copy of the City's response letter be forwarded to them. (The Mayor returned to the regular order of the Agenda.) --- .... Plan. Com. 1-5-89 Martin GPA - - --- -- Adjournment :5715 Noted the following informational items with no separate discussion on same: Ralph Burge, Jr., Personnel Commissioner, resigning from the Personnel Commission; Info - Advance Planning Office, County of Santa Clara, Issue #88-10a; Proclamations Issued by Mayor Hughan: Jr. Day - January 16, 1989; Human Relations No Way Week - January 15th through 21, 1989 emphasized participation in these events); Month - February 1989; Dr. Martin Luther King, Month - February, 1989; (Councilman Valdez and American History Public Safety Director's Letter of Appreciation re: Traffic Enforcement; Response to Notice of Preparation of a DEIR/EIS for Highway 152 in Gilroy; Letter re: Special Permit to Allow a Seasonal Farmer's Market; Monterey Bay Unified Air Pollution Control District re: Environmental Review of Regionally Significant Projects; County Referral (City File #Cr 84-23) re: Northrup King Company; and CHP re: Radio Station Advisory Signs. Noted the Report of the Planning Commission Meeting of January 5, 1989. Reviewed the City's Response/Comment Letter regarding the proposed Martin General Plan Amendment (City file #Cr 87-6) further explained by Planning Director Dorn. Motion was made by Councilman Palmer lee seconded by Councilman Hale that the letter be approved and copies be forwarded to the County Planning Commissioners and Board of Supervisors individually. City Administrator Baksa noted a Council Study Session set for January 30, 1989 at 7:00 p.m. regarding the Capital Improvement Plan and General Fund Revenues; location to be determined. City Administrator Baksa noted the annual HCD Public Hearing scheduled for February 6, 1989 and he distributed advance materials for Council to study that will be included with the February 6 Agenda packet. City Administrator Baksa distributed the 4th Quarterly Reports. Councilman Gage requested public relations to begin regarding water usage before it becomes necessary for the City to issue citations to violators. City Administrator Baksa noted that he is expecting information from the Water District this week to prepare a plan proposed to be completed in a month. The Mayor reminded Council of the Intergovernmental Council (IGC) Dinner Meeting on February 2 and suggested car pooling, noting that she and the City Administrator will not be included since they will already be in the vicinity of the meeting. The Mayor noted the City Council/City Manager Retreat, February 3-5, 1989 in Aptos, noting that Council will meet at City Hall at 5:30 p.m. Councilmembers Mussallem and Valdez requested a map of the location of the retreat. At 10:19 p.m., the Mayor adjourned the meeting. Respectfully submitted, J:fj~i~t~i~