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Minutes 1988/11/07 S1688 Invocation Posting Agenda Roll Call Consent Calendar Minutes Claim-M.F. Sanchez Claim- K.Quint Claim-W. Leslie Ord.88-19 Res.88-65 " Dev.Agree. Bertolone & Devich Bids re: LA Pk. Add. Regular Meeting November 7, 1988 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. The Mayor called on Pastor Irvin Haylock, Hispanic Seventh Day Adventist Church to give the Invocation. Pastor Haylock was not present in the audience. No Invocation was given. The City Clerk reported that the Agenda had been posted on November 4, 1988 at 10:55 a.m. -I I Present: Councilmembers: Donald F. Gage, Leonard A. Hale, Paul V. Kloecker, Larry Mussallem, Daniel D. Palmerlee, Pete Valdez, Jr. and Roberta H. Hughan. ..... Motion was made by Councilman Gage seconded by Councilman Palmer lee 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 October 24, 1988; Denied a Claim of Marie F. Sanchez as recommended; Denied a Late Claim of Karen Quint as recommended; Denied a Claim of Wayne Leslie as recommended; Adopted Ordinance No. 88-19 Prezoning Cl (Neighborhood Commercial) and Rezoning Rl (Single Family Residential) District to Cl (Neighborhood Commercial) District for Property Located North of Ronan Channel, South of Day Road Along North Monterey Highway, City of Gilroy, Applicant, Z 88-6; """""\ ORDINANCE NO. 88 - 19 ....J ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY PREZONING AND REZONING APPROXIMATELY 6 ACRES ADJOINING THE CITY OF GILROY NORTH OF RONAN CHANNEL, SOUTH OF DAY ROAD ALONG NORTH MONTEREY ROAD, PRE ZONING Cl (NEIGHBORHOOD COMMERCIAL DISTRICT AND REZONING Rl (SINGLE FAMILY RESIDENTIAL) DISTRICT TO Cl (NEIGHBORHOOD COMMERCIAL) DISTRICT: PASSED AND ADOPTED this 7th day of November, 1988, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GAGE, HALE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN None None COUNCILMEMBERS: COUNCILMEMBERS: Adopted Resolution No. 88-65 Commending Services of John Holson, Retiring; RESOLUTION NO. 88 - 65 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY COMMENDING SERVICES OF MR. JOHN HOLSON. PASSED AND ADOPTED this 7th day of November, 1988, by the following vote: AYES: COUNCILMEMBERS: -.... NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN None None; and ....... Approved Development Agreements with Michael Bertolone and Steve Devich, Murray Avenue. City Administrator Baksa presented a report and recommenda- tion on bids received for Las Animas Park Addition, Phase II, recommending award of the bid to Munkdale Brothers in the amount of $338,766.00 for said project and requesting authorization to Pub. Hear. Garbage Rates ",. '- Pub. Hear. Shapell Ind. GPA 87-1 - - EIR Certifi- cation Res.88-66 ~ ..... 5689 amend the 1988-89 Budget in the amount of $150,000.00 to provide, for the project; $190,000.00 available in Grant funding. Motion was made by Councilman Gage seconded by Councilman Palmerlee and carried that the bid of Munkdale Brothers be awarded in the amount of $338,766.00 for the base bid for Las Animas Park Addition, Phase II, and that the 1988-89 Budget be amended in the amount of $150,000.00 to provide for this project as recommended. The Mayor tabled the continued Public Hearing to consider revision and adjustments of charges for the collection of garbage, rubbish and refuse in the City of Gilroy to await the presence of a representative of South Valley Refuse and Disposal, Inc. The Mayor stated that it was the time and place scheduled for the continued Council deliberations on action 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, Shape II Industries of Northern California, applicant - GPA 87'-1. Mayor Hughan noted that she was absent at the October 3, 1988 Regular Meeting but had read the transcript re: Continued Public Hearing of Shapell Industries, Inc. and would participate in the discussion and action on the matter. The Staff Report and EIR was noted and further explained by Planning Director Dorn who also gave an up-date on documents received previously and to-date regarding the EIR and an Addendum distributed on a request of the Department of Fish and Game. Linda Callon, Attorney representing the City, addressed the Council and explained her written comments of last week, noting that Mr. Powers, Consultant is present in the audience prepared to answer any questions on the EIR. She also further commented on the California Tiger Salamander not categorized under the endangered species list. Mr. Bruce Tichinin, Attorney, addressed the Council requesting that the Public Hearing be re-opened for public in- put. The Mayor asked if Council wished to make a motion to reopen the Public Hearing. There was no motion from the Council to re-open the Public Hearing for public input. The Mayor asked Council if they had any further questions of Staff or the Consultant. There was no comment from Council. Motion was made by Councilman Kloecker seconded by Council- man Palmerlee and carried that the Shapell Industries, Inc. EIR for the O'Connell property as amended be certified. Motion was made by Councilman Palmerlee seconded by Coun- cilman Gage that the reading of Resolution No. 88-66 be waived and that it be adopted Approving the General Plan Amendment, GPA 87-1 as recommended by Staff and the Planning Commission to include the recommendations summarized by Planning Director Dorn as far as including various areas as requested in different types of zoning and to include the areas in the 20-Year Planning Area. (20 Yr. Planning Area to include Mesa Ranch, the Presbyterian Church property and houses between those properties.) RESOLUTION NO. 88 - 66-A 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 7th day of November, 1988, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN None None 5690 Res.88-67 Pub. Hear. G.Filice GPA 86-2 S.C.Co. Lib. Com. ALUC Com. Rep. ....... Motion was made by Councilman Kloecker seconded by Councilman Mussallem that the reading of Resolution No. 88 - 67 be waived and that it be adopted as amended to include the Department of Fish and Games' recommendations that a conservation easement shall be placed on the stock pond in the reservoir canyon and the adjacent 50 acres of salamander habitat; this easement shall be held by the City of Gilroy and incorporate the following conditions: no algicides or other chemical treatments deliterious to the salamander shall be allowed to be used in the stock pond. Mechanical removal of vegetation will be the only treatment permitted and will be limited to the months of August through October 31st; No stocking of fish will be permitted in the stock pond. Construction near and adjacent to the stock pond should be limited to the period of April 15 to the end of Novem- ber. Construction activities must not result in obstructions to the free movement of salamander to the stock pond from December through March and movement from the pond to the adjacent upland habitat from March through September. To ensure survival of the salamander population, a second. breeding pond shall be construc- ted within the 50 acre upland salamander habitat site proposed. ..., j RESOLUTION NO. 88 - 67-A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING FINDINGS, MITIGATION MEASURES, AND STATEMENTS OF OVERRIDING CONSIDERATONS PERTAINING TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE O'CONNELL RANCH. PASSED AND ADOPTED this 7th day of November, 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 the Continued Public Hearing to consider a General Plan Amendment request from Open Space to General Services Commercial on property located at 5480 Monterey Highway, on approximately 27 acres, Gennero Filice, applicant - GPA 86-2. IIIIlII .... 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 on the proposal. Mr. Gennero Filice, Applicant, addressed the Council requesting that the EIR be certified and that he intends to proceed with the hydrological studies recommended and requested that Council continue the Public Hearing for six months to allow time to prepare the studies. Motion was made by Councilman Mussallem seconded by Coun- cilman Kloecker and carried that the EIR not be certified at this time and that the Public Hearing be continued to May 1, 1989 to allow time for preparation of the hydrological studies recom- mended. Councilman Palmerlee voted "no" on the motion. 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. A letter from the County of Santa Clara seeking nominations to their Library Commission was noted. Motion was made by Councilman Kloecker seconded by Councilman Hale and carried that the Mayor be authorized to nominate an appointment to the Santa Clara County Library Commission from the Gilroy Library and Culture Commission. IIIIIlIlI IIIIIIIlI Motion was made by Councilman Gage seconded by Councilman Palmerlee and carried that Councilman Kloecker's term ending June 30, 1991 as representative to the Santa Clara County Airport Land Use Commission be confirmed and request that Morgan Hill Council nominate an Alternate representative. Co.Toxics Policy Counc. ~ I ... Plan. Com. 11-3-88 ~ Noise,etc. Ord. ..... CalTrain Council Retreat IGC Dinner Exp.Mileage Pub. Hear. Garb. Rates ",.. -- .~ 5691 Council reviewed a recommendation on Development and Imple- mentation Plan of a County-wide Toxics Policy Council, further explained by City Administrator Baksa. He noted that the matter would be re-agendized when additional information is available. The following informational items were noted with no separate discussion on same: Commissioners and Advisory Board Member's Terms Expiring January 1, 1989 and Attendance Records for those seeking reappointment. It was further noted that the deadline for Planning and Parks & Recreation Applications is November 30, 1988 at 5 p.m. It was requested to determine whether the Building Board of Appeals members were seeking reappointment; Report of Investments with Maturities Exceeding One Year; Final Report of Feasibility Study for the Santa Clara County Transportation Agency; Planning Staff Approvals, dated October 27, 1988; Gilroy Unified School District re: Alternative Routes to the Present 152 Alignment; South County Joint Planning Project - Draft Environmental Impact Report for Japanese Cultural Center, (County File #3515- 82-25-88EIR); and South County Joint Planning Project - 1988 Santa Clara County General Plan Amendment Proposal - Tognetti (Garlic World), County File #2105-78-14-84A-84P-84V-88GP. The Report of the Planning Commission Meeting of November 3, 1988 was noted. City Administrator Baksa noted that the proposed ordinances regarding Noise and Private Property Special Events would be agendized in December in order for Staff to study the matter. City Administrator Baksa noted that CalTrain Extension to Gilroy Community Meetings have been scheduled in Morgan Hill on November 15th at 7:00 p.m. at the Britton Middle School Auditor- ium and in Gilroy on November 17th at 7:00 p.m. at the Gilroy Senior Center. Councilmembers: Mussallem, Kloecker and Palmerlee noted that they would attend the meeting in Gilroy. City Administrator Baksa noted that the Council Retreat in Aptos has been scheduled for February 3-5, 1988. The Mayor noted that the February 2, 1989 IGC Dinner has been scheduled for all Councilmembers to discuss various County Agencies in Santa Clara County and possible duplication of same. Councilman Gage noted that the Federal Government had changed mileage from $.21 to $.24 that does not have to be reported. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that the authorized allowed mileage expense for Council be $.24 per mile. As no representative from South Valley Refuse & Disposal, Inc. was present at this meeting, motion was made by Councilman Gage seconded by Councilman Mussallem and carried to continue the continued Public Hearing to consider revision and adjustments of charges for the collection of garbage, etc. to the November 21, 1988 regular meeting. The Mayor noted the Joint Gilroy/Morgan Hill City Councils' Study Session, November 9, 1988 - 7:00 p.m., Gilroy City Hall, re: Discussion of the Sewer Situation. Noted John Holson's Retirement Dinner November 19, 1988 - 6 p.m., Gilroy Senior Center. 5692 Adjrnmt. Noted Cecil Reinsch's Retirement Dinner January 14, 1989 - 5-10jp.m., Gilroy Senior Center. At 9:15 p.m. the Mayor adjourned to a Closed Session re: Threatened Litigation in accordance with Section 54956.9(b)(1) of the Government Code and Personnel Matter in accordance with Section 54957 of the Government Code. At 9:35 p.m. the Mayor reconvened the meeting and further adjourned. Respectfully submitted, 4 . ~. Susanne E. Steinmetz, City