Minutes 1988/09/06
Invocation
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Posting
Agenda
Roll Call
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Cert.
D.A.R.E.
Consent
Calendar
Minutes
Ord.88-12
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March of
Dimes
Impvmts.
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Pub.Hear.
GPA-City
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.10' 0 v
Regular Meeting
September 6, 1988
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
The Mayor called on Pastor Dwight Koopsman, Gilroy Bible
Church to give the Invocation.
The City Clerk reported that the Agenda had been posted on
September 1, 1988 at 9:14 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 a Certificate of Recognition and
Appreciation to Goldsmith Seeds.
The Mayor presented D.A.R.E. Students (Ruben Guerrero and
Tyson Leyba) with a Proclamation declaring Drug Abuse Resistance
Education Day, September 15, 1988. Each student gave a statement
against drugs and alcohol.
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;
Approved the Minutes of the Regular Council Meeting of
August 15, 1988;
Adopted Ordinance No. 88-12 Amending Section 1.7 of the
City Code Pertaining to Penalties and Continuing Violations;
ORDINANCE NO. 88 - 12
AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 1.7 OF THE
GILROY CITY CODE PERTAINING TO PENALTIES AND CONTINUING
VIOLATIONS.
PASSED AND ADOPTED this 6th day of September, 1988, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GAGE, HALE, KLOECKER,
PALMERLEE, VALDEZ and
None
None;
MUSSALLEM,
HUGHAN
Granted the request of the March of Dimes Foundation waiver
of their license fee for their Annual 1988-89 Campaign; and
Accepted the following Improvements: Hewell & Sheedy =
Eigleberry Street; Raisch Industrial Builders - Chestnut,
Improvements; Carriage Hills III, Tract 8052; Tim Filice, Tract
7350; Lincoln Property Co. - Rossi Lane.
(The Mayor deviated from the Regular Agenda in order to
accommodate interested persons in the audience.)
The Mayor stated that it was the time and place scheduled
for a Public Hearing to consider a General Plan Amendment request
from Low Density Residential to Medium and High Density Residen-
tial and Local Commercial, for property located north of Ronan
Channel, south of Day Road between Wren Avenue and Monterey Road,
on approximately 25 acres, City of Gilroy, applicant - GPA 87-3.
The Staff Report was noted and further explained by Senior
Planner Myer.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposal.
Mr. David Bolander, 185 Farrell Avenue, addressed the
Council in opposition to said General Plan Amendment because of
potential increase in traffic with additional development.
5664
Pub.Hear.
GPA-Shapell
The Mayor asked if there was anyone further in the audience
wishing to speak for or against the proposal.
Mr. Kenneth Noonan, Superintendent of Schools, addressed
the Council noting no opposition to the proposed General Plan
Amendment.
Mrs. Nancy Johnson, 935 Church Street, addressed the
Council in opposition to the proposed General Plan Amendment
because of the change to the neighborhood rural atmosphere.
The Mayor asked if there was anyone further in the audience
wishing to speak. There was no comment from anyone in the
audience. The Mayor closed the Public Hearing.
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Motion was made by Councilman Palmerlee seconded by
Councilman Valdez that the reading of Resolution No. 88-56 be
waived and that it be adopted approving said General Plan
Amendment as recommended.
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RESOLUTION NO. 88 - 56
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING AN
AMENDMENT TO THE GENERAL PLAN FOR THE CITY OF GILROY.
PASSED AND ADOPTED this 6th day of September, 1988, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
GAGE, HALE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN
None
None
COUNCILMEMBERS:
COUNCILMEMBERS:
The Mayor stated that it was the time and place scheduled
for a 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.
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The Staff Report was noted and further explained by Senior
Planner Myer.
Councilman Valdez presented documentation that he did not
have a conflict of interest in the property because of the
donation received from Shapell Industries, et al to the Gilroy
Hispanic Cultural Festival and noted that he would take part in
the discussion and would vote upon the proposal.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposal.
Mr. Dan Hancock, President of Shappell Industries of
Northern California and planner of the project, addressed the
Council and gave background information of his company and
introduced the EIR Consultants for the project, noting that they
concur with Staff and the Planning Commission recommendations and
requested Council support for the project.
The Mayor asked if there was anyone further in the audience
wishing to speak for or against the proposal.
Ms. Sharon Holloway, 840 Carignane Drive, addressed the
Council in opposition to the proposed development. The Mayor
explained the growth policy of the City.
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.......
Mr. Richard Pontius, 8200 Kern Avenue, addressed the
Council, requesting that a parcel of land be set aside to
preserve the California Tiger Salamander species which he
displayed, noting that he captured same from the O'Connell
property. Councilman Valdez offered to tour the site with Mr.
Pontius to view the salamander in its habitat.
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Mr. Bruce Tichinin, 17575 Monterey Street, Morgan Hill and
legal counsel representing Mr. Pontius, addressed the Council,
noting that cumulative impact analysis needs to be prepared as
the EIR is not complete and the statement of findings overriding
considerations should not be made. He requested that he be
allowed one week to prepare CEQA deficiencies.
Mr. Pontius, addressed the Council regarding the studies he
believes to be necessary to prevent extinction of the salamander
species during one complete breeding cycle, estimated to be from
November through May 1989.
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Mr. Kenneth Noonan, Superintendent of Schools, addressed
the Council noting no opposition to the project from the
District.
Mr. Jim McKean, 39650 Libery Street, Fremont, legal counsel
representing Shapell Industries, addressed the Council noting
that the developers are sensitive to the requirements of CEQA and
believes the mitigation measures to be sufficient.
Mr. Larry Tennant, 7 year resident of Gilroy, addressed the
Council applauding the efforts of Mr. Pontius and spoke in
opposition to the proposed proje~t.
(At 10:22 p.m. Councilman Hale left the Council Chambers due to
an emergency.)
Ms. Rose Berry, 7175 Orchard Drive, 1 year resident of
Gilroy, addressed the Council noting that Gilroy must grow under
the careful study of the Planning Commission and City Council,
and concurred with the proposed development.
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Mr. Bruce Tichinin, addressed the Council in rebuttal to
Mr. McKean's comments, noting that the California Tiger Sala-
mander is an endangered species and that the EIR does not address
same. He noted that there are no mitigation measures proposed
for this species.
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Mr. David Powers, Environmental Consultant, retained by the
City of Gilroy, addressed the Council noting that an addendum had
been added to the EIR on Page 16 to reserve some acreage for the
salamander habitat with ponds containing no fish.
Mr. Tichinin, addressed the Council noting that the
mitigation measure pertaining to the salamander is inadequate;
not enough information and too conclusionary to be successful.
The Mayor asked if there was
wishing to speak on the proposal.
anyone in the audience.
anyone further in the audience
There was no comment from
Discussion was had by Council on the matter. Councilman
Palmerlee asked questions of Mr. Powers regarding noise on Thomas
Road, Open Space & Trails and possibility of a general assistance
district for Fire and Police personnel.
Discussion was had by Council in regard to private streets
allowed and grading within the project.
"....
Planning Director Dorn recommended that Council allow the
Consultants time to .respond to the environmental questions. City
Administrator Baksa requested that Council authorize Staff to
seek legal counsel in regard to the Salamander Issue and recom-
mended that Council continue action to their October 3, 1988
regular meeting.
...
Motion was made by Councilman Mussallem seconded by Coun-
cilman Kloecker and carried that the Public Hearing be continued
to October 3, 1988 Regular Council Meeting to allow the EIR
Consultants to respond to questions raised at this meeting and
authorized Staff to obtain additional legal counsel regarding the
Salamander Issu~.
The Mayor thanked the audience for their input in the
Public Hearing and declared a 5 minutes recess at 10:47 p.m.
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Pub.Hear.-Zon.
Ord.Text
Pub.Hear.-Zon.
Ord. Text
Amendment
Pub. Hear.
GPA-City
At 10:56 p.m. the Mayor reconvened the meeting.
The Mayor stated that it was the time and place scheduled
for a Public Hearing to Consider a Zoning Ordinance Text Amend-
ment to Section 18.30 to make on-site liquor consumption a
conditionally-approved use in a Cl (Neighborhood Commercial)
District, Majid-Mortezaei, Applicant - Z 88-5.
The Staff Report was noted and further explained by Senior
Planner Myer and Planning Director Dorn.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposal.
]
Mr. Majid-Mortezaei, addressed the Council explaining the'
beer and wine policy of his franchise.
The Mayor asked if there was anyone further in the audience
wishing to speak on the proposed amendment. There was no comment
from anyone in the audience. The Mayor closed the Public
Hearing.
Motion was made by Councilman Kloecker seconded by Council-
man Palmerlee that the reading of the proposed ordinance
approving the zoning text amendment be waived and that it be
introduced and published by title and summary amending Section
18.30 of the Zoning Ordinance to add on-site liquor consumption
as a conditional use in Cl (Neighborhood Commercial) Zones.
The Mayor stated that it was the time and place scheduled
for the Public Hearing to consider a Zoning Ordinance Text Amend-
ment, to Section 18.30 to add "Specific Plan Area Uses" to the
Commercial Use Table (to include footnote wording), Southpoint
Business Park Associates/John Filice, Applicant - Z 88-4.
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 or against the proposal.
...,
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Mr. John Filice, 7888 Wren Avenue, addressed the Council
noting that they concur with either alternate recommendation.
The Mayor asked if there was anyone further in the audience
wishing to speak on the matter. There was no comment from anyone
in the audience. The Mayor closed the Public Hearing.
Motion was made by Councilman Gage seconded by Councilman
Valdez and carried that the reading of the proposed ordinance be
waived and that it be introduced and published by title and
summary approving the Zoning Text Amendment to Section 18.30 to
add retail shops as a conditional use in HC (Highway Commercial)
Zones.
Planning Director Dorn noted the PUD design review - A/S
88-37, for Southpoint Business Park and noted that the Planning
Commission unanimously recommended approval subject to 12 condi-
tions and that the final design will be reviewed by Staff and
three members of the Planning Commission. The Mayor appointed
Councilman Palmerlee to this sub-committee.
Motion was made by Councilman Gage seconded by Councilman .,
Kloecker and carried that the PUD design be approved as presented I
subject to the 13 conditions and added Councilman Palmerlee to ...
the Sub-Committee as recommended.
The Mayor stated that it was the time and place scheduled
for the Public Hearing to consider a General Plan Amendment
request from Low Density Residential to Medium Density Residen-
tial District for property located at the Southwest and Southeast
Corners of Santa Barbara and Monte Bello Drives, on approximately
1.1 acre - City of Gilroy, Applicant - GPA 88-1.
The Staff Report was noted and further explained by
Planning Director Dorn.
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Pub. Hear.
City-Z88-3
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Pub. Hear.
Sec.27.40
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Fee Exemp t.
Res. 88-58
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5667
The Mayor asked if there was anyone 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.
Motion was made by Councilman Kloecker seconded by
Councilman Gage that the reading of Resolution No. 88-57 be
waived and that it be adopted approving said General Plan
Amendment as recommended.
RESOLUTION NO. 88 - 57
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING AN
AMEND~lliNT TO THE GENERAL PLAN FOR THE CITY OF GILROY.
PASSED AND ADOPTED this 6th day of September, 1988, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
GAGE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN
None
HALE
The Mayor stated that it was the time and place scheduled
for a Public Hearing to consider a rezoning initiated by the City
of Gilroy from Rl (Single Family Residential) to R2 (Two Family
Residential) District, Z 88-3.
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 or against the proposal. There was no comment from
anyone in the audience.
Motion was made by Councilman Kloecker seconded by Council-
man Gage that the reading of the proposed ordinance be waived,
that it be introduced and published by title and summary
approving the rezoning as recommended.
The Mayor stated that it was the time and p:lace scheduled
for a Public Hearing to Consider Amending Section 27.40 of the
Gilroy City Code so as to impose liens on property for unpaid
water bills.
City Administrator Baksa explained the proposal.
The Mayor asked if there was anyone in the audience wishing
to speak on the proposal. There was no comment from anyone in
the audience. The Mayor closed the Public Hearing.
Motion was made by Councilman Gage seconded by Councilman
Kloecker and carried that the reading of the ordinance be waived
and that it be introduced and published by title and summary
amending Section 27.40 of the Gilroy City Code so as to impose
liens on property for unpaid water bills as recommended.
Tabled the continued discussion of the City's Landscaping
Policy to the September 19, 1988 regular meeting, due to the
lateness of the hour.
The request for Fee Exemption on Lands to be Designated
Open Space was noted and further explained by City Administrator
Baksa.
Motion was made by Councilman Palmerlee seconded by
Councilman Valdez that the reading of Resolution No. 88-58 be
waived and that it be adopted Approving said Fee Exemptions as
recommended.
RESOLUTION NO. 88 - 58
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING FEE
EXEMPTIONS ON LANDS TO BE DESIGNATED OPEN SPACE.
PASSED AND ADOPTED this 6th day of September, 1988, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
GAGE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN
COUNCILMEMBERS: None
COUNCILMEMBER: HALE
5668
DeBell
Gift
Garb.Ser.
Rates
HCD Adv.
Com.
S.C.V.~J.D.
Plan.Com.
9-1-88
JPSA
7-12-88
Council requested an analysis of the Public Safety Fee
regarding lands to be designated Open Space.
The Mayor asked if there was anyone
to speak on any matter not on the agenda.
from anyone in the audience.
in the audience wishing
There was no comment
A request of the Estate of Dennis DeBell for interest only
payments from August 1988 to July 1989 and the Staff recommenda-
tion on same were noted.
Motion was made by Councilman Mussallem seconded by
Councilman Kloecker and carried that interest only payments on
the Dennis DeBell Estate gift from August 1988 to July 1989 be
allowed as recommended.
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A request of South Valley Refuse Disposal, Inc. for review
of Service Rates was noted. Public Hearing scheduled for
September 19, 1988 Regular Council Meeting.
A resignation from Anne Juri from the Housing and Community
Development Program's Citizen's Advisory Committee was noted.
The Mayor requested Council notify her if they have nominations
for said appointment.
A request for Nominations on the South Flood Control Zone
Advisory Committee of the Santa Clara Valley Water District was
noted.
Motion was made by Councilman Kloecker seconded by Council-
man Gage and carried that Councilman Mussallem be renominated as
the City Representative on the South Flood Control Zone Advisory
Committee of the Santa Clara Valley Water District with Norman S.
Allen, City Engineer as Alternate #1 and Richard L. Cox, Director
of Public Works, as Alternate #2.
Councilman Mussallem stressed the importance of the
Alternate representative attending the meetings representing the
City's Staff.
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Noted the following informational items with no separate
discussion on same:
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The Food Bank-Operation Brown Bag Program - Annual Report;
Proclamation Issued by Mayor Hughan: "Family Week" -
November 20-26, 1988;
League of California Cities Receipt of Nomination Form for
the 1988 League of California Cities Helen Putnam Award for
Excellence;
Update on Tanner Hazardous Materials Plan;
League of California Cities Mailgram on Defeat of
Compulsory and Binding Arbitration Bill AB 3341;
Planning Staff Approvals, Dated August 25, 1988;
Report of Investments with Maturity Dates Exceeding One
Year;
Creation of the Santa Clara County Vector Control District;
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and
Minutes of the Gilroy Downtown Development Corporation
Meeting of August 5, 1988.
Noted the Report of the Planning Commission Meeting of
September 1, 1988.
Noted the Minutes of the Joint Powers Sewer Advisory Com-
Committee Meeting of July 12, 1988.
OMI Cont.
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Water Recla-
mation
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Adjrnmt.
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Discussion was made regarding a proposed amendment to
O.M.I.'s Contract to include Sewer Line Monitoring Program,
noting the Staff Report on same and further explained by City
Administrator Baksa.
Motion was made by Councilman Palmerlee seconded by
Councilman Kloecker and carried that the Amendment to the O.M.I.
Contract be approved as presented to include amending the 1988-89
Budget to provide for said amendment as recommended.
City Administrator Baksa noted that the Sewer Report had
been received and discussion of sewer allocations would be
presented at the September 19, 1988 regular meeting.
City Administrator Baksa requested Council bring the
Shapell Industries General Plan Amendment Staff Report to the
October 3, 1988 regular meeting.
City Administrator Baksa distributed Survey Information
noting that the results would be forthcoming.
Councilman Kloecker requested Staff recommendations on the
ten (10) General Plan Amendments of the County to be discussed at
the South County Joint Planning Committee Meeting of September 8,
1988.
The City Attorney reported on a State case informing the
Council that the City will probably be reimbursed by the State in
connection with the Reclamation Plant. He noted that the City
authorized along with the Water District and Morgan Hill to
retain counsel in Sacramento who were counsel for a larger water
district, in an attempt to receive reimbursement from the State
for costs that were caused by their changing the level of treat-
ment required before reclaimed water could be used. He further
noted that there was a successful court hearing in Sacramento who
ruled in favor of the Santa Magarita Water District, it was
appealed and the Appellate Court ruled in favor of Santa
Margarita Water District and now we and they have been turned
over to a referee to assess the damages.
City Administrator Baksa noted a Personnel Session to
follow the September 19, 1988 regular meeting regarding his goals
and objectives. Council concurred.
The Mayor noted the City/School Liaison Committee Meeting
of September 14, 1988 - 5:15 p.m. in the School District Board
Room.
The Mayor noted the Joint Council/Planning Commission Study
Session for presentation by the Redevelopment Consultants re:
Procedures for Formation of the Redevelopment Agency, September
19, 1988 - 7 p.m. to 8 p.m., Employees' Lounge, City Hall.
At 11:59 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
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