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Minutes 1990/07/16 Invocation Posting Agenda Roll Call Poster Award Emp.Award Consent Calendar Minutes Res.90-40 r.:, 8 (J '7 .-. ../, Regular Meeting July 16, 1990 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag at 7:00 p.m. Pastor Kevin Wilson, Gilroy Bible Church, gave the Invocation. The City Clerk reported that the Agenda had been posted on July 12, 1990 at 3:44 p.m. Present: Councilmembers: Donald F. Gage, Leonard A. Hale, Paul V. Kloecker, Sara C. Nelson, Pete Valdez, Jr. and Roberta H. Hughan. Absent: Councilmember: Larry Mussallem. Senior Planner Myer, noted and congratulated Marla McCand- less, Water Conservation Poster winner from El Roble School, Ms. Erojo's 4th Grade Class. He noted that the award was a seasonal pass to Great America. Councilman Mussallem entered at 7:03 p.m. and took his seat at the Council table. The Mayor noted the Employee Award of the month of June, 1990, Richard Lake, Police Officer, not present. 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, Nelson, Valdez and Hughan: Approved the Minutes of the Regular Council Meeting of July 2, 1990; Adopted Resolution No. 90-40 Authorizing Execution of an Amendment to an Agreement between the City and the State to Maintain State Highways within the City Limits. 58'P , . '7'_'; Pub. Hear. Z 90-5 Pub.Hear. Z 90-7 Pub. Hear. GPA88-2 RESOLUTION NO. 90 - 40 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN AMENDMENT TO AN AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF GILROY. PASSED AND ADOPTED this 16th day of July, 1990 by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, VALDEZ and HUGHAN None None MUSSALLEM, NELSON, NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: The Mayor stated that it was the time and place scheduled for the continued Public Hearing on a Zoning Ordinance Text Amendment request of The Gilroy Auto Dealers, applicant, to add a new section regulating signs for new car dealerships to affect all areas of the City that are zoned for Commercial that allows sales of automobiles (C2, C3 HC or CM Zones), Z 90-5. 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 on the matter. Mr. Bill Fanta, Advertising and Special Promotions for the Gilroy Auto Dealers Association, addressed the Council requesting that the proposed ordinance be approved as presented. 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 Gage seconded by Councilman Hale and carried that a proposed ordinance be introduced, the reading waived and that it be published by title and summary approving the Zoning Ordinance Text Amendment by amending Section 37.57 of the Zoning Ordinance regulating new car dealership signs. The Mayor stated that it was the time and place scheduled for a Zone Change request, initiated by the City of Gilroy from C1-HS (Neighborhood Commercial Historic Site) to C1 (Neighborhood Commercial) located at 85 Fifth Street at the northeast corner at Eigleberry Street, containing approximately 9,990 sq.ft., Z 90-7. 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. The Mayor closed the Public Hearing. Motion was made by Councilwoman Nelson seconded by Council- man Hale and carried that a proposed ordinance be introduced, the reading waived and that it be published by title and summary amending the Zoning Ordinance by rezoning 9,990 sq. ft. at the northeast corner of Fifth and Eigleberry Strets from C1-HS (Neighborhood Commercial Historic Site) to Cl (Neighborhood Commercial) District. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a General Plan Amendment request of Nob Hill General Store, Inc. for their land outside the General Plan area to a designation of Visitor Service Commercial and Open Space and to include the property in the 20 Year Development area, which would allow Hecker Pass - A Family Adventure to be a part of the City of Gilroy, located at 3050 Hecker Pass Highway, on the south side, opposite Burchell Road, containing approximately 883 acres, GPA 88-2. 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. There was no comment from anyone in the audience. Res.90-41 Res.90-42 Res.90-43 Pub.Hear. GPA 88-3 5899 Motion was made by Councilman Gage seconded by Councilman Valdez and carried that the EIR be certified and the recommended mitigation measures be approved as presented. Motion was made by Councilman Gage seconded by Councilman Hale that the reading of Resolution No. 90-41 be waived and that it be adopted approving the General Plan Amendment as recommended. RESOLUTION NO. 90 - 41 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 16th day of July, 1990 by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GAGE, HALE, KLOECKER, VALDEZ and HUGHAN None None MUSSALLEM, NELSON, Motion was made by Councilman Gage seconded by Councilman Hale that the reading of Resolution No. 90-42 be waived and that it be adopted approving the Text Amendment as presented. A substitute motion was made by Councilman Kloecker to include that no small neighborhood commercial uses would be allowed between Santa Teresa Boulevard and Burchell Road. Motion failed due to lack of a second. RESOLUTION NO. 90 - 42 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AMENDMENT TO THE GENERAL PLAN TEXT FOR THE CITY PASSED AND ADOPTED this 16th day of July, 1990, vote: AYES: NOES: ABSENT: APPROVING AN OF GILROY. by the following COUNCILMEMBERS: GAGE, HALE, MUSSALLEM, NELSON and VALDEZ COUNCILMEMBERS: KLOECKER and HUGHAN COUNCILMEMBERS: None Motion was made by Councilman Mussallem seconded by Council- man Kloecker that the reading of Resolution No. 90-43 be waived and that it be adopted approving the findings and overriding considerations and mitigation monitoring program as recommended. RESOLUTION NO. 90 - 43 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY FINDING OVERRIDING CONSIDERATIONS TO JUSTIFY GENERAL PLAN AMENDMENT ON A 883 ACRE PARCEL BY NOB HILL GENERAL STORE, INC. PASSED AND ADOPTED this 16th day of July, 1990, by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON, VALDEZ and HUGHAN COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: The Mayor stated that it was the time and place scheduled for a Public Hearing to Consider a General Plan Amendment request of Gilroy Unified School District and Filice Family Estates from Low Density Residential and Park/public Facility E (Elementary School) to Park/Public Facility S (Secondary School) to provide a future high school site and to move the proposed alignment of Thomas Road to the south of the school site, GPA 88-3. The Staff Report was noted and further explained by Senior Planner Myer. Planning Director Dorn and Director of Public Works Allen further explained the traffic circulation proposed for the area. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Mr. Sam Bozzo, representing the applicant (Gilroy Unified School District) addressed the Council regarding the proposed plans for the property. 5 (\ n I-i 7l) J Res.90-44 Undergr. Utile Fees Mormon Church Prop. re: Water The Mayor thanked the School District for their continued cooperation with the City for this project and other projects. She 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 Hale that the reading of Resolution No. 90-44 be waived and that it be adopted approving the General Plan Amendment as recommended. RESOLUTION NO. 90 - 44 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING AN AMENDMENT TO THE GENERAL PLAN FOR THE CITY OF GILROY AND REALIGNING THOMAS ROAD. PASSED AND ADOPTED this 16th day of July, 1990, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GAGE, HALE, KLOECKER, VALDEZ and HUGHAN None None MUSSALLEM, NELSON, Requests for exemption of the underground utility fees was noted and the Staff recommendations further explained by City Administrator Baksa and Director of Public Works Allen, recommending approval of Alternate No.2. The Mayor asked if there was anyone in the audience wishing to speak on the matter. Mr. Tom Carmichael, owner of Handy Hands, addressed the Council opposed to the underground utility fee proposed for his property. Mr. Don Almen, owner of Speedee Lube, addressed the Council, requesting the exemption of the undergound utility fee for his property be allowed. Motion was made by Councilman Mussallem seconded by Council- man Kloecker and carried that Alternate #2 be approved as recom- mended noting an ordinance amendment would be required for same and that the four exemption requests be allowed to proceed with their projects and exempt from the underground utility fee requirement. Motion was made by Councilman Mussallem seconded by Council- woman Nelson and carried that the underground utility fee policy be reviewed at a future date. Councilmembers: Valdez and Hughan voted "no" on the motion. A request of the Church of Jesus Christ of the Latter Day Saints was noted for a permanent water connection for their property on Thomas Road further explained by City Administrator Baksa. (During said explanation at 8:40 p.m. an earthquake occurred. ) Pastor Darrell Shaffer, 5765 Creekside Lane, Morgan Hill, representing the Church property, addressed the Council noting that it was not feasible at this time for the Church to pay development fees. Motion was made by Councilman Mussallem seconded by Councilwoman Nelson and carried that a temporary water service connection be granted the Church of Jesus Christ of the Latter Day Saints for their property on Thomas Road as an emergency, based upon the drought situation noting that when it is determined that the drought is over, the service connection will be disconnected. It was further noted that the Church would be responsible for the water connection installation charges and City inspection fees required. Councilman Hale requested that the City's policy be reviewed on designation of emergencies other than drought emergencies. Alcohol Tax Act Cong.Mgmt. GPA-86-2 G. Filice Res.90-45 Res.90-46 ~ C) ('I "j v./ .) I At 8:56 p.m. the Mayor declared a recess and reconvened the meeting at 9:03 p.m. A request of the City of Sacramento for support on the California Alcohol Tax Act of 1990 was noted. Councilman Valdez explaiend ACA 38 introduced by Assemblyman Cortese for a Constitutional Amendment. Motion was made by Councilman Valdez seconded by Councilman Kloecker and not carried by the following Roll Call Vote to support the California Alcohol Tax Act of 1990: Ayes: Councilmem- bers: Kloecker, Valdez and Hughan; Noes: Councilmembers: Gage, Hale, Mussallem and Nelson. Councilman Kloecker reported on recommended method of selection of City Representative and Alternate to the Congenstion Management Planning Agency. Motion was made by Councilman Kloecker seconeded by Councilman Valdez and carried that the recommended method of selection of City Representative and Alternate to the Congestion Management Planning Agency be approved as recommended by Councilman Kloecker. Councilman Kloecker noted that he would advise Council when determined if the Cities of Morgan Hill and Milpitas concur with the lot method. The Staff recommendation on Findings, Mitigation Measures and Overriding Considerations to complete the General Plan Amendment request of Gennaro Filice, GPA 86-2 continued from the June 18, 1990 Council Meeting was noted and further explained by Senior Planner Myer. Discussion was had by Council on the matter. Motion was made by Councilman Mussallem seconded by Council- woman Nelson and carried that the EIR be certified as recom- mended. Councilmember: Hughan voted "no" on the motion. Motion was made by Councilman Mussallem seconded by Council- woman Nelson that the reading of Resolution No. 90-45 be waived and that it be adopted approving the Project as recommended. RESOLUTION NO. 90 - 45 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 16th day of July, 1990, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBER: COUNCILMEMBERS: GAGE, HALE, and VALDEZ HUGHAN None KLOECKER, MUSSALLEM, NELSON Motion was made by Councilman Mussallem seconded by Council- woman Nelson that the reading of Resolution No. 90-46 be waived and that it be adopted approving the overriding considerations and monitoring program as recommended. RESOLUTION NO. 90 - 46 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY FINDING OVERRIDING CONSIDERATIONS TO JUSTIFY GENERAL PLAN AMENDMENT ON A 27 ACRE PARCEL BY GENNARO FILICE. PASSED AND ADOPTED this 16th day of July, 1990, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBER: COUNCILMEMBERS: GAGE, HALE, and VALDEZ HUGHAN None KLOECKER, MUSSALLEM, NELSON 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. 5902 Muni Crt. Sewer Recycling Program Plan. Com. 7-:5-90 SCJPP City Administrator Baksa presented a request of South County Municipal Court Facility for sewer capacity at Highland Avenue recommending approval of same. Motion was made by Councilman Gage seconded by Councilman Valdez and carried that the South County Municipal Court Facility at Highland Avenue be allowed sewer capacity for said facility. Councilmembers: Mussallem and Nelson voted "no" on the motion. City Administrator Baksa noted that the information from the Gilroy Chamber of Commerce regarding Issues of Solid Waste Disposal and the sale of non-biodegradable products had met their July deadline and the information will be used in the City's Recyclable Program. Councilman Kloecker gave an update on the recycling program. Councilman Hale suggested additional input to the households to advise what is recyclable. The Mayor noted AB 939 from the marketing group to develop market for recyclables. Mr. George Johnson, addressed the Council noting that the Chamber of Commerce membership was contacted and the cost is substantial for small retail businesses to convert from plastic to paper. He noted that they are focusing on education not on banning. City Administrator Baksa noted that he had information on plastic diapers and has received numerous letters and bulletins on same. The following informational items were noted with no separate discussion on same: Monthly Cash and Investments Report, dated May 31, 1990; Planning Staff approvals, dated June 28, 1990; Granite Rock re: Restoration of Old City Hall; Report on City's Chip Seal Program; County Librarian re: 1990-91 Funds; 1990 Grad Night Committee in appreciation; Santa Clara Valley Water Conservation District notice of Public Hearings re: Flood Control Benefit Assessment Rates for 1990-91 in Flood Control Zones of said District; Minutes of the Visitor's Bureau Advisory Committee Meeting of June 7, 1990 and June 1990 Financial Statement; Integrated Waste Management Workshop July 26, 1990; In appreciation to Falcon Cable TV for Senior Center Cable Installation; Gilroy Fire Department in appreciation of Parks Department; Santa Clara County Advance Planning Office Info Bulletin, Issue #90-4, June 21, 1990; and McCutchen Update Information Bulletin re: Development applications. The Report of the Planning Commission Meeting of July 5, 1990 was noted. A recommendation to approve the South County Joint Planning Program (SCJPP) was noted and further explained by Planning Director Dorn. Water Delinquency utility Collectns. Weed Abate. GPA Citizens' Task Force C\ Q nu 7., ",",..7 '_.*", Motion was made by Councilman Kloecker seconded by Council- man Gage and carried that the South county Joint Planning Program be approved as recommended to include preliminary Findings, Pre- liminary Policy Recommendations, Project Area Review Check-list and Advisory Committee Review Procedures as presented. council- members: Mussallem and Nelson voted "no" on the motion. City Administrator Baksa gave an update on the Water Conser- vation Program noting 25.83% reduction and 14% less than 1987. City Administrator Baksa presented a report on the City's delinquent utility collection program, further explaining same and recommending approval of a new position to supervise the program. Director of Finance Shaw further explained the Collection Program. Motion was made by Councilman Valdez seconded by Councilman Gage and carried that a Public Works Maintenance I position be authorized to supervise the utility Collection Program and amended the budget to allow for said position. Councilman Hale voted "no" on the motion. City Administrator Baksa presented and explained the City's Weed Abatement Ordinance noting that there is no provision for penalties on the billing since it is treated as an assessment and applied to individual tax bills with no additional penalty for non-payment. Motion was made by Councilman Kloecker to further study the matter and charge penalty for delinquent bills if there is a problem. Motion died for lack of a second. City Administrator Baksa presented a request for the City to Initiate a General Plan Amendment and Zone Change if needed, further explained by Planning Director Dorn. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that the City be allowed to initiate a General Plan Amendment and Zone Change if needed as recommended. Discussion was had regarding the Citizens' Task Force nominees already on City Commissions. confirmed that Susan Jacobsen and Glenn Suyeyasu to serve on the Task Force. participation The Mayor were not eligible Councilman Gage requested the Mayor issue a Proclamation commending services of Armando Mendoza, retiring as Executive Director from The Bridge Counseling Center. Councilman Kloecker noted that he would not be able to attend the Joint Study Session in Morgan Hill on July 17, 1990. Councilman Hale noted that he participated in a recent Police Department patrol unit and expected his comments to be published in the newspaper. The Mayor noted the Children's Concert at Christmas Hill Park on Sunday, same being a successful event. Councilwoman Nelson asked for an update on processing of applications in the Planning Department. Planning Director Dorn gave an update on same noting that the Committee is working on the matter for Council presentation. Councilman Kloecker noted the appointment of Councilman Gage as Vice President of the County's Emergency Preparedness Committee. City Administrator Baksa noted the City's Annual Chip Seal Program to begin July 30 and that the street locations are in the Council packet for Council information. The following meetings were noted: '=, L) n L1 .",,) 7 u r Adjrnmt. ~ Joint study Session, Gilroy/Morgan Hill City Councils, July 17, 1990 - 6:30 p.m., Morgan Hill Council Chambers re: Discussion of Sewer Alternatives. Study Session of the Council, July 23, 1990 - 7:00 p.m. re: Article 90, Uniform Fire Code Toxic Gas Model Ordinance. Annual City Barbecue, August 18, 1990 - 4:30 p.m. - 11:00 p.m., Christmas Hill Park. Annual League of California Cities Conference, October 21- 24, 1990, Anaheim. At 10:44 p.m. the Mayor adjourned the meeting. Respectfully submitted, ~~~?d~