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~