Minutes 1989/06/05
Invocation
Posting
Agenda
Roll Call
Cert. of
Apprec.
Consent
Calendar
Minutes
Budget
Ord.89-10
Claim
Regular Meeting
June 5, 1989
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
The Mayor called on Dr. Joe Caldwell, First Baptist Church
to give the Invocation.
The City Clerk reported that the Agenda had been posted on
June 1, 1989 at 2:00 p.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 in appreciation for
contibutions to the Youth Scholarship Fund to Richard Lucchetti,
South Valley Refuse & Disposal, Inc.
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 May
15, 1989;
Approved the Request for Budget Amendments and Transfers as
presented and recommended;
Adopted Ordinance No. 89-10 rezoning a 7.4 Acre parcel at
the southeast corner of Wren and Farrell Avenues from R1 (Single
Family Residential) District to R3 (Medium Density Residential)
District, Pen-Tempo Properties, applicant (Z 88-7);
Denied Claim of Millbrook Development Corporation as
recommended.
Minutes
RDA
Bids re:
City Hall
Exp. Proj.
Bids re:
Museum
Cont.Jt.
Pub. Hear.
re: RDA
" 7 r 7
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V J '-" ,."l
ORDINANCE NO. 89 - 10
ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF
SAID CITY BY REZONING A 7.4 ACRE PARCEL, MORE OR LESS, AT THE
SOUTHWEST CORNER OF WREN AND FARREL AVENUES FROM R1 (SINGLE
FAMILY RESIDENTIAL) DISTRICT TO R3 (MEDIUM DENSITY RESIDENTIAL)
DISTRICT.
PASSED AND ADOPTED this 5th day of June, 1989, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN
COUNCILMEMBERS: None
COUNCILMEMBERS: None; and
Approved the Minutes of the Gilroy City Council/Community
Development Agency Joint Special Meeting of May 22, 1989.
The Mayor continued the business of the Development
Authorities of the City of Gilroy to later this meeting.
City Administrator Baksa presented a recommendation to
select the consulting firm of Hawley, Peterson & Snyder for the
City Hall Expansion Project.
Motion was made by Councilman Valdez seconded by Councilman
Gage and carried that the bid of Hawley, Peterson & Snyder,
Consultants for the City Hall Expansion Project, be approved as
recommended.
City Administrator Baksa presented a recommendation for
award of the bid of Johnson & Sons in the amount of $5,600.00 for
repainting the exterior of the Gilroy Museum.
Motion was made by Councilman Gage seconded by Councilman
Kloecker and carried that the bid of Johnson & Sons in the amount
of $5,600.00 be awarded for repainting the exterior of the Gilroy
Museum.
The Mayor stated that it was the time and place scheduled
for the continued Joint Public Hearing of the Gilroy City Council
and Board of Directors of the Community Development Agency on
Redevelopment Plan and Final Environmental Impact Report for the
City of Gilroy Community Development Project continued from the
May 22, 1989 Special Meeting.
Roll Call of Agency: Present: Agencymembers: Hale,
Kloecker, Mussallem, Palmerlee and Valdez; Absent: Agencymembers:
Gage and Hughan, due to a conflict of interest. The Mayor/Chair-
person noted that she would Chair the meeting but would not take
part in the discussion nor action on same. She requested those
wishing to speak should fill out a slip stating name, address and
organization if any, in order to be called upon to speak. (Sal-
vador Lopez interpreted same in Spanish.
The City Clerk administered the oath to those persons in
the audience that desired to speak at the public hearing and
individually to those speakers arriving later.
Senior Planner Myer presented and explained the Planning
Commission Report and Recommendation on Modification of the Text
of the Redevelopment Plan to Eliminate the Agency's Power of
Eminent Domain with Respect to Residential Structures on Resi-
dentially-designated Properties in the Project Area.
Councilman Valdez noted Spanish interpretation of public
relations and information to the Hispanic community through
fliers, radio and television media. (Salvador Lopez interpreted
same in Spanish.)
The Chairperson requested public testimony at this time and
the following persons addressed the Agency:
5754
Elvira Burnson, 363 Walnut Lane, noting that hispanic
neighbors in the vicinity of her property are still not informed
of the proposed project and she also objected to a recent
proclamation issued by the Mayor. The Mayor responded to same.
Rita Livorsi, 8411 Delta Court, property owner in Gourmet
Alley, noting that she does not want the City to have eminent
domain powers on her commercial property.
Gondi Holson, 7401 Miller Avenue, objecting to some of the
properties designated as "blight" areas within the proposed
project. She opposed the redevelopment project because of
property rights for the next forty years.
Mr. Jack Nagle, representing the firm of Goldfarb & Lipman
on behalf of the City, explained any changes in the redevelopment
project could not be done in the future without similar public
hearings, etc.
Mr. Mark Curran, Consultant representing the City, noted
that any funding set aside by the Agency for low interest repairs
to the properties would be on a voluntary basis.
Guadalupe Arellano, 385 Old Gilroy Street, opposed the
proposed project noting that there is no guarantee in the future
that the Agency would not include residential properties under
the eminent domain process.
~...
Tom Carmichael, 7700 Santa Barbara Drive, opposed to the
Redevelopment Agency, noting that in the past he approached the
Council on another issue and what seemed to be Council support
was later put through anyway. He noted that in another juris-
diction he lost commercial property because of a Redevelopment
Agency project. He further noted that his present commercial
business is located in an older building and does not want a rent
increase that may be required because of redevelopment improve-
ments increasing the value of the property.
Ronald Gurries, 3540 Hecker Pass Highway, challenged
designation of blighted areas within the proposed redevelopment
project and presented assessed valuation increases of the City.
He further noted court cases regarding redevelopment proceedings.
Charles Morales, 192 West Sixth Street, representing the
Hispanic Chamber of Commerce in support of the redevelopment
agency.
Rich Imler, 8137 DeVille Court, Principal of Brownell
Fundamental School, within the Redevelopment Agency area. He
supported the Redevelopment Agency noting same is critical in
solving many problems the school district has.
Caesar P. Vitale, 350 East Eighth Street, opposed to the
eminent domain powers of the Agency and noted that he was
promised sidewalks in front of his property forty years ago and
is still waiting.
Rick Mello, 7330 Orchard Drive, opposed to the
redevelopment agency and objected to Councilman Mussallem voting
on this issue due to a relative opperating a contractor business
in the City.
The City Attorney noted that Councilman Mussallem had no
conflict of interest in the matter before the Council.
Sara Nelson, 7487 Rogers Lane #2, requested Spanish
interpretation for those desiring same in the audience. The
Mayor noted that testimony would not be translated; but if they
wished their own testimony translated it could be. (The Mayor's
statements were translated.)
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Mrs. Nelson, addressed the Council/Agency in reference to
blight designations and noted that a group of citizens intend to
make this redevelopment matter a campaign issue in the November
General Municipal Election. She opposed the eminent domain
powers for all properties within the proposed Project area.
Miguel Paredes, 7781 Church Street, noted that many of the
people in the audience are at this hearing because of their fears
and urged the Council to not only listen to those wishing to
speak, but to comprehend their fears. He noted concern with
abundant inoperative vehicles on property and in front of
properties obstructing the view of vehicular traffic and the
concern for installation of sidewalks in some areas and not
required in other areas. He stated that he feels the rules are
in force for these concerns, but everyone does not have to abide
by them.
Ceasar Vitale, re-addressed the Council/Agency, and
inquired about the City not sweeping the residential streets for
the past six months. The Mayor noted that the City has cancelled
residential street sweeping on a regular basis, due to no funds
available for said purpose. She noted that there is leaf pick-up
and sweeping of commercial streets.
Ben Gilmore, Box 905, Morgan Hill, opposed to the
Redevelopment Agency, noted that same is a threat to private
property and requested that residential properties be removed
from the proposed project area. He further noted that in his
opinion the Redevelopment Agency is no longer the City Council
but an Agency of the State.
Sherrie Curtis, P. O. Box 1332, Temple City, CA 91780,
noted that a Project Area Committee is required before a
redevelopment plan can be developed. She noted that if the
eminent domain powers are removed from residential properties
that the residential properties should be removed from the
project area. She further noted that blight has been stated to
be designated to substantiate public improvements of the project
and that in her opinion state and local agencies are responsible
for public improvements. She requested that Council delay their
decision and consult with the attorneys and further inquired if
the City's Zoning Ordinance is in compliance with the City's
General Plan.
At 9:51 p.m. the Mayor/Chairperson declared a recess to
allow the Shorthand Reporte~ to change the tape in her machine.
The Meeting was reconvened and the following persons in the
audience continued to testify:
Sam Bozzo, Gilroy Unified School District, in support of
the Redevelopment Agency.
Kenneth Noonan, Superintendent of Schools, in support of
the Redevelopment Agency in order to maintain the existing
schools.
At 10:02 p.m. the Mayor/Chairperson declared a recess and
reconvened the meeting at 10:10 p.m.
The following persons in the audience continued to testify:
Sam Anzualda, 7540 Rosanna Street, noted all facts have not
been heard and believed that the Council and the property owners
do not really understand the Redevelopment Agency and that the
City is not ready for such an agency at this time.
Pat McJunkin, 7800 Laurel Drive, noted concern if the
public opinion is really considered as to whether or not a
redevelopment agency is approved for the City.
5756
Pub. Hear. re:
Zon. Ord.
Text Amend.
Joe Brent, 7960 Crews Road, Gilroy, opposed to the
Redevelopment Agency.
Roark Cooper, operator of a car lot at Welburn and
Monterey, noted that he believes that his property would be the
first property condemned if a redevelopment plan is approved and
he is opposed to a Redevelopment Agency.
Andrea Lockwood, 1129 Monte Bello #P, opposed to approval
of a redevelopment project at this time without more research on
the matter.
John Barrera, noted that he may move but does not want to
sell his property for someone else to develop. He inquired about
the State Lotto funding for school improvements.
The Mayor/Chairperson, asked if there was anyone further in
the audience wishing to speak. There was no comment from anyone
in the audience. The Mayor/Chairperson closed the Public Hearing
at 10:30 p.m. following no further testimony from anyone in the
audience.
Senior Planner Myer noted that the Zoning Ordinance is in
conformance with the General Plan.
Mr. Jack Nagle, Special Redevelopment Agency Counsel,
addressed the Council clarifying in his opinion, misleading facts
noted by Ron Gurries, Sara Nelson, Ben Gilmore and Sherrie
Curtis.
Mr. Salvador Lopez interpreted the information in Spanish.
Mr. Mark Curran, Consultant of the City, further explained
the project eligiblity of qualification of the areas for a
project including financial information and noted that there is
no plan for use of eminent domain procedures on residential
properties in the proposed project.
The Mayor/Chairperson, inquired if anyone in the audience
wished the information to be interpreted in Spanish. The
audience answered in the negative.
Mr. Jack Nagle, noted introduction into the record of the
Plan, Report on the Plan, Final EIR, Downtown Plan by reference
and by reference all other materials described in those
documents, noting that the City Clerk has all said documents for
reference.
Mr. Nagle further noted that in addition to the written
comments in the record at the May 22, 1989 Special Meeting, the
new written comments received at this meeting were a letter from
James V. Simoni re: Eminent Domain and Assessed Valuation
Statistics distributed at this meeting to Council by Mr. Ronald
Gurries.
At 11:17 p.m. the Mayor/Chairperson noted the Public
Hearing on this subject has been closed and that Agency/Council
deliberations and action would be continued to a continued and
adjourned meeting of the Council/Agency on June 13, 1989 at 7:30
p.m., to allow Consultants and Attorneys to take into considera-
tion the additional testimony at this 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 50.62 of the Zoning Ordinance to add a Fourth
Type of Residential Project that is exempt from the provisions of
this Section, Wheeler Hospital Applicant, Z 89-1.
The Staff Report was noted and further explained by Senior
Planner Myer. Discussion was had by Council on the matter.
Res.89-27
Itinerant
Vendors
'-757
I I
The Mayor asked if there was anyone in the audience wishing
to speak on the matter.
Mr. Bob Saxe, Attorney, representing the applicant,
addressed the Council suggesting a change in the Staff
recommendation to add after the word "exempt", so long as
building permits have been issued, to accommodate Council's
concern.
Ms. Susan Jacobson, addressed the Council inquiring if an
EIR was required and as to the urgency of developing Third and
Church LStreets.
Senior Planner Myer, answered Ms. Jacobson's questions.
Mr. Richard Webster, 835 Culp, addressed the Council noting
that the public disagrees with speculative projects and requested
Council to set a firm date when the permits have to be issued in
order not to tie up sewer capacity.
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.
Discussion was had by Council on the matter. The Mayor re-
opened the Public Hearing to hear further testimony from Mr. Bob
Saxe who noted the need to proceed with action on this matter at
this Council meeting. The Mayor closed the Public Hearing.
Motion was made by Councilman Kloecker to continue this
matter which died for lack of a second to the motion.
Motion was made by Councilman Palmerlee seconded by
Councilman Mussallem and carried that an ordinance be introduced,
the reading waived and that it be published by title and summary
amending the Zoning Ordinance to add a fourth type of residential
project that is exempt from the provisions of Section 50.62 to
amend the Staff's recommendations as follows: to add after the
wording "exempt" "as long as building permits are issued prior to
December 31, 1991".
Motion was made by Councilman Mussallem seconded by
Councilman Kloecker and carried that action on the Resolution
Authorizing Execution of a Fiscal Agreement between the City of
Gilroy, the Community Development Agency and the Gilroy Unified
School District be continued to the June 13, 1989 Continued and
Adjourned Meeting.
The recommendation to adopt a Resolution approving Speed
Zones in Appendix B of the Speed Zone Survey was noted and
further explained by City Engineer Allen.
Motion was made by Councilman Gage seconded by Councilman
Kloecker that the reading of Resolution No. 89-27 be waived and
that it be adopted approving Speed Zones in Appendix B of the
Speed Zone Survey as recommended and amended.
RESOLUTION NO. 89 - 27
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING
PRIMA FACIE SPEED LIMITS ON CITY STREETS.
PASSED AND ADOPTED this 5th day of June, 1989, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN
COUNCILMEMBERS: None
COUNCILMEMBERS: None
Mr. Phil Skiver, local floral merchant, addressed the
Council regarding Itinerant Vendors. He requested that the
exemption clause regarding fingerprinting for five year and over
residents be removed from the ordinance. The Staff response was
l:75Q
,~ v
Plan. Com.
6-1-89
A/S89-24
AB 1611
Junk Vehs.
P.& R.Com.
5-16-89
noted and further explained by City Administrator Baksa. He
noted that the Staff would investigate the City's present
ordinance regarding itinerant vendors for possible revisions to
same.
The Mayor deviated from the regular agenda in order to
accommodate interested persons in the audience.
The report of the Planning Commission Meeting of June 1,
1989 was noted.
The Staff Report regarding A/S 89-24, South Valley Hospital
Medical Pavilion was noted and further explained by Senior
Planner Myer.
Motion was made by Councilman Palmerlee seconded by
Councilman Hale and carried that the A/S 89-24 recommendation be
approved as presented.
The Mayor continued with the regular order of the agenda.
Motion was made by Councilman Kloecker seconded by
Councilman Gage and carried that the City supports AB1611
regarding Restructure of the Metropolitan Transportation
Commission membership requested by Assemblywoman Delaine Eastin.
A letter from Don Gowen, local student, was noted
indicating his concern about junk abandoned vehicles on City
Stre~ts. The Staff's response was noted. City Administrator
Baksa noted proposed incentives for removal of said types of
vehicles.
The following informational items were noted with no
separate discussion on same:
Law Related Education Committee in appreciation,
Proclamations Issued by Mayor Hughan: 43rd Anniversary of
the Founding of the Republic of Italy; and John Birch Day - May
27, 1989;
Earthworm Technology Proposal of Organic Waste; (Referred
to JPA Committee);
Congressman Tom Campbell information of his local office at
7415 Eigleberry Street, Suite D, Gilroy;
Police Departmenr Employee of the Month of April, 1989,
Officer Dan Renville;
City's response to County's General Plan Amendment;
Planning Staff Approvals, dated May 26, 1989;
MSI Advisory Task Force Committee;
Santa Clara County Traffic Authority Video "Breaking
Gridlock: A Commuter Update",
County of Santa Clara Health DeparLment Workshop on Local
Planning Strategies Affecting Alcohol Availability, June 14, 1989
- 9:00 a.m. to 4:00 p.m.; and
Mont~lly Cash and Investment Report, April 1989.
The Minutes of the Parks 'and Recreation Commission Meeting
of May 16, 1989 were noted.
The Minutes of the SenIor Advisory Board Meeting of April
17, 1989 were noted.
Adjrnmt.
5759
The Minutes of the Library and Culture Commission Meeting
of April 11, 1989 were noted.
The Minutes of the Golf Course Advisory Board Meeting of
April 18, 1989 were noted.
City Administrator Baksa gave an update on the Water
Conservation Program.
A report on Nomination Period for Candidates of the
November 7, 1989 General Municipal Election was noted (August 10,
1989 through August 31, 1989).
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 iQ the audience.
City Administrator Baksa noted tickets available to the
Giants' Baseball Game of June 17, 1989.
City Administrator Baksa reported on a successful City
Auction June 3, 1989, sales totalling $10,500.00.
City Administrator Baksa noted the decision on the sales
tax court case previousy reported to Council and noted that the
City has requested that the State discontinue withholding City's
sales tax funding.
City Administrator Baksa noted that the MSI Task Force
Final Report was completed and distributed same to Council.
Council set June 26, 1989 at 7:00 p.m. as a Study Session of the
Council and Task Force Advisory Committee.
The Mayor noted the Joint Gilroy-Morgan Hill City Councils'
Study Session June 12, 1989 at the Gilroy Senior Center. Council
requested that Curbside Recycling Program be an additional agenda
item and agreed to change the time from 6:30 p.m. to 7:00 p.m.
Council unofficially scheduled the first Council Meeting in
July 1989 for July 5, cancelling the July 3, 1989 regular meeting
due to the Tuesday, July 4 Holiday.
At 12:55 a.m., Tuesday, June 6, 1989 the Mayor continued
and adjourned the meeting to June 13, 1989 at 7:30 p.m.
Respectfully submitted,