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Minutes 1988/08/01 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING AMENDED FLAT RATES FOR SANITARY SEWER SERVICE PASSED AND ADOPTED this 1st day of August, 1988, by the following vote: RESOLUTION NO. 88 - 47 Adopted Resolution No. 88-47 establishing amended flat rates for sanitary sewer service; COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN COUNCILMEMBERS: None COUNCILMEMBERS: None; NOES: ABSENT: ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF THE SAID CITY BY PREZONING APPROXIMATELY 25.48 ACRES ADJOINING THE CITY OF GILROY, ALONG THE EAST SIDE OF MILLER SLOUGH SOUTH OF PACHECO PASS HIGHWAY AS M2 (GENERAL INDUSTRIAL) DISTRICT. PASSED AND ADOPTED this 1st day of August, 1988, by the following vote: AYES: ORDINANCE NO. 88 - 9 Adopted Ordinance No. 88-9 prezoning approximately 25.48 acres adjoining the City of Gilroy, along the east side of Miller Slough, south of Pacheco Pass Highway, as M2 (General Industrial) District, Gilroy Foods, Inc., applicant; Approved the Minutes of the Regular Council Meeting of July 18, 1988; 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, Palmerlee, Valdez and Hughan: Present: Councilmembers: Donald F. Gage, Leonard A. Hale, Paul V. Kloecker, Larry Mussallem, Daniel D. Palmerlee, Pete Valdez, Jr. and Roberta H. Hughan - 8:04 p.m. The City Clerk reported that the Agenda had been posted on July 28, 1988 at 10:47 a.m. The Mayor called on Dr. Joe Caldwell, First Baptist Church, to give the Invocation. The Mayor led the Pledge of Allegiance to the Flag. Regular Meeting August 1, 1988 Gilroy, California 5653 Res.88-47 Ord.88-9 Minutes Consent Calendar Roll Call Posting Agenda Invocation 5654 Pub.Hear. re: Var. Appeal Filbro Dev. Res .88-48 Res .88-49 AYES; COUNCILMEHBERS: GAGE, HALE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN COUNCILMEMB~RS: None COUNCILMEMBERS: None NOES: ABSENT: rhe Mayor stated t~?t it was the time and place scheduled for the Public Hearing to consider an appeal on the decision of J:he Planning Commission regarding approval of a variance request to Section 31.25 of the ~oning Ordinance to allow a reduction of the required off-street parking spaces for,property located at 210-380 Tenth Street ,at the southwest corner otT~nth and Chest..,. nut Streets (Gilroy Village Shopping Center), on approximately 10.1 Acres, Filbro Development 'Company, applicant. n i 1 , I .." The~,taf f Report was noted .and further explained by Planning Director Dorn. Discussion was had by Council on the ma'tter. The Mayor asked if there was anyone in the audience wishing to speak for or against the matter. Mr. Jim Dowell, Associate Broker representing Bob Dyer, addressed the Council further explaining the parking proposed for the project. Hr. Ernie Filice, co-owner of the shopping center, addressed the Council further explaining the shopping center proposal. The Mayor asked if there was anyone further in the audience wishing to speak on the matte_r. There was no further comment from anyone in the audience. The Mayor closed the Public Hearing. Discussion was had by Council on the matter. Motion was made by Councilman Gage seconded by Council~an Valdez that the reading of Resolution No. 88-48 be waived and that it be adopted modifying the recommendation of the Planning Commission approving the variance subject to referring same to Staff to develop at least five to ten additional parking spaces for compact autos. ..., ...... RESOLUTION NO. 88 - 48 RESOLUTION OF THE COm~CIL OF THE CITY OF GILROY MODIFYING AND AFFIRMING ON APPEAL l~E ACTION OF THE PLANNING COMMISSION GRANTING A PARKING VARIANCE FOR A SHOPPING CENTER SOUTH OF TENTH STREET BETWEEN CHESTNUT M~D ALEXANDER STREETS. PASSED AND ADOPTED this 1st day of August, 1988, by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, VALDEZ PALMERLEE and HUGHAN None MUSSALLEM, and NOES: ABSENT: COUNCILMEMBERS: COUNCILMEI'ffiERS: A resolution rescinding and setting aside Resolution Nos. 86-23; 86-45; 88-44 and 87-66 pertaining to the Longterm Wastewater Management Plan and its Environmental Impact Report as ordered by Judge Peter G. Stone in Santa Clara County Superior Court Action No. 611105 was presented for adoption. Motion was made by Councilman Gage seconded by Councilman Valdez that the reading of Resolution No. 88-49 be waived and that it be adopted. .., RESOLUTION NO. 88 - 49 ~ RESOLUTION OF THE COUNCIL OF THE CITt OF GILROY RESCINDING AND SETTING ASIDE RESOLUTIONS NOS. 86-23, 86~24, 86~5 AND 87-66 PURSUANT TO COURT ORDER. PASSED AND ADOPTED this 1st day ~f August, 1988, by the following vote: The Mayor asked if there was anyone in the audience wishing to speak on any matter not on the agenda. There was no comment from anyone in the audience. Toxic Protec- tion Council Shapell Ind. re: USA Exception "... i i ... r"'~~. ....... ",... .... 5655 AYES: CO U1'lCIU1EHBERS: GAGE, HALE, KLOECKER, MUSSALLEM, P ALMERLEE , VALDEZ and HUGHAN COm~CILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: The Mayor noted that Supervisor Wilson has requested removal of the Intergovernmental Council's request regarding Toxic Protection Council. A request of Shapell Industries for an except~on to the Urban Service Area Policy was 'noted and the Staff Report further explained by Planning Dir~ctor Dorn. Councilman Valdez noted that he would not participate in the discussion nor vote on the request due to a conflict of interest regarding Shapell Industries donation to the Hispanic Cultural Festival. The City Attorney noted that Councilman Gage's participation in the Hispanic Cultural Festival donation from Shapell Industries did not constitute a conflict of interest category because he did not sign anything. Mr. Jack Schenk, representing Shapell Industries, addressed the Council noting the need for earlier inclusion of the property in the Urban Service Area. Ms. Cindy Tennant, addressed the Council opposed to another development for Gilroy residents due to freeway impact and diminishing the quality of life to Gilroy citizens. The Mayor noted and explained the City's growth policy under the RDO. Discussion was had by Council on the<matter. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried to approve the request of Shapell Industries for the exception to the Urban Service Area policy. Councilman Palmerlee voted "no" on the motion. Noted a request of Shapell Industries for an exception to City's fees further explained by City Administrator Baksa. Motion was made by Councilman Palmerlee seconded by Councilman Kloecker and carried to generally support the concept and that the matter be referred to Staff to report back to- Council with actual fees for their review in approximately one month. The following informational items were noted with no discussion on same: Donation from Las Madres Council for Miller Park; Santa Clara County Library Commission Sponsoring an All Library Commission Heeting September 24, 1988; Minutes of the Gilroy Downtown Development Corporation Meeting of July 8, 1988; Gilroy Library Placement on the National Register of Historic Places Program; California Peace Officer Magazine Article on Gilroy's Police Services; Institute of Reading Development in Appreciation of City Staff ; Monterey Bay Marine Sanctuary Bill 734; Report of Investments with Maturities Exceeaing One Year; Suellen Rowlison in Opposition to Billboards Along U. S. 101; City's Response to a Request to Allow Billboards Along 101 Freeway; and 5656 JPSA Redev.proJ Garlic Festival Jt.Gil/MH Spec. Mtg. Adjrnmt. Santa Clara Valley Water District re: Schedule for Closure of ~homas Road during.Bridge con~truction. Noted Minutes of the Joint Powers Sewer Advisory Committee Meeting ui June 14, 1988. City Administrator Baksa requested Council take action on awarding the bid for attorneys and consultants for the Redevelop- ment Project in order to complete formation of the Redevelopment Project prior to July 1989. Motion was made by, Councilman Kloecker seconded by Council- man Valdez and carried that awarding of the bid for attorneys and consultants for the Redevelopment Agency Project be acted upon at this meeting due to the urgency nature of the matter~ Motion was made by Councilman Valdez seconded by Councilman Gage and carried" that Goldfarb & Lipman, attorneys, and Piedmont Associates with Sutro as consultants be appointed for the Redevelopment Agency Project as recommended. Councilman Hale reported on the success of the Garlic Fes ti val. City Administrator Baksa distributed Agendas for the Joint Joint Gilroy/Morgan Hill City Councils' Special Meeting of August 16, 1988 - 5:00 p.m. Morgan Hill Council Chambers to be preceded by a Closed Session. Councilman Kloecker noted the South County Joint Planning Committ.'e Meetng on the Masten Avenue Development, scheduled for August 11, 1988 at 7:30 p.m. Councilman Hale noted that the Agenda for the August 8, 1988 Joint Gilroy City Council/Planning Commission/Gilroy Downtown Development Corporation Study Session would be out on Wednesday, August 3, 1988. Noted the City/School Liaison Committee Meeting of September 14, 1988 - 5:00 p.m. At 9:29 p.m. the Mayor adjourned the meeting. Respectfully submitted,