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Minutes 1988/09/06 Invocation ...... Posting Agenda Roll Call ..... Cert. D.A.R.E. Consent Calendar Minutes Ord.88-12 tflII""'..,,,,,, ........ March of Dimes Impvmts. ~ Pub.Hear. GPA-City ..... hh6'Z. .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. ~ 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. .... 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. .... IIIIi 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. .... ....... 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. 566~, 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. r '- 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. .,.,.-,..... 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. I I I...... 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. 5666 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. ..., J 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. "... .... Pub. Hear. City-Z88-3 ....-,'>101II Pub. Hear. Sec.27.40 - Fee Exemp t. Res. 88-58 ,- I ..... 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. ..... ........ 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. .... Noted the following informational items with no separate discussion on same: .. 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; .-.- I .... 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. --- ..... Water Recla- mation _';;"lll - Adjrnmt. ,.... .. ,5669 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, ~~IN~~