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Minutes 1990/09/17 Invocation Posting Agenda Roll Call Intro.New Gilroy 2000 Cert.of 'Consent Calendar Minutes Dev.Agree. Sewer-Arias - (\.1 n.o, '"\'-1 "c,",," '/' Regular Meeting September 17, 1990 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag at 7:04 p.m. T It was noted that the scheduled Pastor to give the Invocation was not present. The City Clerk reported that the Agenda had been posted on September 13, 1990 at 2:50 p.m. Present: Councilmembers: Donald F. Gage, Leonard A. Hale, Paul V. Kloecker, Larry Mussallem, Sara C. Nelson, Pete Valdez, Jr. and Roberta H. Hughan. The Mayor introduced new employees, Richard Smelser, City Engineer and Colette Harmon, Firefighter Trainee and Promotion of Rhonda Pellin, Administrative Secretary. Mr. Jack Pate, Chairman of the Gilroy 2000 Committee Task Force, addressed the Council and gave an update on the Committee's progress. Copies of the Committee Meeting minutes of September 12, 1990 were distributed. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that City Staff time be accounted for in regard to Gilroy 2000 Committee Task Force. Councilmembers: Valdez and Hughan.voted "no" on the motion. The Mayor presented a Certificate of outstanding Service to Dan Daniels, Senior Dance Class Instructor. 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 September 4, 1990; Approved the following Development Agreements as recommended: #90-02, Rocha Drywall, Obata Way; #90-14, Dennis Barroza, Eighth Street; #90-31, Odd Fellow Rebekah Children's Home, I.O.O.F. Avenue; and #90-39, Gary Walton, Liman Avenue; Approved a sewer connection request of Jess Arias, Hecker Pass Highway as recommended; r 9 II (\ J i_ t..~, Water Sup. Tomlinson Res.90-66 Pub. Hear. USA Approved a Water Supply request for Tomlinson Property outside the City Limits as recommended; and Adopted Resolution No. 90-66 in support for the Benito/Clara Trail as recommended. RESOLUTION NO. 90 - 66 RESOLUTION OF THE COUNCIL OF BENITO/CLARA TRAIL. PASSED AND ADOPTED this 17th following vote: AYES: COUNCILMEMBERS: THE CITY OF GILROY IN SUPPORT OF THE day of September, 1990 by the NOES: ABSENT: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON, VALDEZ and HUGHAN. None None COUNCILMEMBERS: COUNCILMEMBERS: The Mayor stated that it was the time and place scheduled for a Public Hearing to consider the 1990 Urban Service Area requests totalling approximately 954 acres. 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 matter. Drs. Peter Gregor and Tino Gallo addressed the Council requesting inclusion of 2.7 acres, USA 90-1 applicant, into the Urban Service Area further explaining their request. The Mayor asked if there was anyone in the audience wishing to speak on USA 90-2 application. Mr. David Kunes, representing USA 90-2 Applicant, William Lyon Company addressed the Council noting that he was present to explain any questions on their request. The Mayor asked if there was anyone in the audience wishing to speak on USA 90-3, J. B. Howard, Applicant. Mr. Steve Graves, Coates Consulting, addressed the Council representing J. B. Howard, noting his presence if there were any questions on their request. The Mayor asked if there was anyone in the audience wishing to speak on behalf of USA 90-4, Al Woolworth, Applicant. It was noted that the new owner wished approval of the property in the Urban Service as a condition of sale of the property. c Senior Planner Myer noted that William E. Ayer, representative of USA 90-5 Applicant, Nob Hill Foods/Hecker Pass- -A Family Adventure was ill and not able to be present. The Mayor asked if there was anyone in the audience wishing to speak on the entire Urban Service Area concept. There was no comment from anyone in the audience. The Mayor closed the Public Hearing. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that USA 90-1 Application of Gregor and Gallo for inclusion in the Urban Service Area of 2.7 acres be approved. Councilmembers: Kloecker and Hughan voted "no" on the motion. Motion was made by Councilman Mussallem seconded by Councilwoman Nelson and carried that USA 90-2 Application of William Lyon Company for inclusion in the Urban Service Area of 58.1 acres be approved. Councilmembers: Valdez and Hughan voted "no" on the motion. Res.#90-67 Plan. Com. 9-6-90 Housing Element GPA 90-1 S.C. Co. Pub. Health 5921 Motion was made by Councilman Mussallem seconded by Councilwoman Nelson and carried that USA 90-3 Application of J. B. Howard for inclusion in the Urban Service Area of 22.4 acres be approved. Motion was made by Councilman Mussallem seconded by Councilwoman Nelson and carried that USA 90-4 Application of Al Woolworth for inclusion in the Urban Service Area of 18.1 acres be approved. Councilmembers: Kloecker and Hughan voted "no" on the motion. Motion was made by Councilman Gage seconded by Councilwoman Nelson and carried that USA 90-5 Application of Nob Hill Foods/Hecker Pass--A Family Adventure for inclusion in the Urban Service Area of 853 acres be approved. Motion was made by Councilman Valdez seconded by Councilman Gage that the reading of Resolution No. 90-67 be waived and that it be adopted. RESOLUTION NO. 90 - 67 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY RECOMMENDING MODIFICATION OF THE URBAN SERVICE AREA OF THE CITY OF GILROY WITHIN THE COUNTY OF SANTA CLARA. PASSED AND ADOPTED this 17th day of September, 1990, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GAGE, HALE, MUSSALLEM, VALDEZ. KLOECKER and HUGHAN. None NELSON and The Mayor deviated from the regular agenda in order to accommodate interested persons in the audience. The report of the Planning Commission Meeting of September 6, 1990 was noted. Discussion was had on the Housing Element (GPA 90-1) further explained by Melanie Freitas, representing the Housing Task Force Committee. After discussion motion was made by Councilwoman Nelson seconded by Councilman Mussallem and not carried to eliminate reference to tax increment funding. Councilmembers: Gage, Hale, Kloecker, Valdez and Hughan voted "no" on the motion. Mr. Herb Peckham, 750 La Paloma Way, representing the Housing Task Force, addressed the Council noting that the Housing Element proposed is a statement of intent only and if approved by the State, final analysis and rules will have to be established by the City. Motion was made by Councilman Kloecker seconded by Councilman Valdez and carried that authorization be given to forward the proposed Housing Element (GPA 90-1) to the state for approval with the following changes: Remove reference to "industrial" on Page 66; Add "of that time" in reference to ROO on Page 65; eliminate "may" on Page 40 and make same a requirement. Councilmember Nelson voted "no" on the motion. At 8:36 p.m. the Mayor declared a Recess and Reconvened the meeting at 8:45 p.m. Ms. Suellen Rowlison, representing the Santa Clara County Public Health Bureau, addressed the Council and gave an update on Public Health trends and the Bureau's Services. Mr. Art Copert, Specialist of the Environmental Health Services, addressed the Council explaining the programs provided. 5922 RDO P.C.Resig- nation- P.Bentson Mr. Bob Alanis, Deputy Director of Public Health Services, addressed the Council and further explained the services available. The Mayor asked if there was anyone in the audience wishing to speak on any matters not on the agenda. Mr. Roark Cooper, 733 Gettysburg Way, addressed the Council presenting documents for agendizing same on the October 1, 1990 City Council Agenda for Council consideration. 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 reverted back to the regular order of the agenda. Council reviewed a report on Sewer Allocations, further explained by City Administrator Baksa. Mr. Gary Calvert, 455 Campisi Court, addressed the Council requesting sewer allocation for 10 unit under RD 81-4 (Price). Mr. Lou Tersini, representing Arcadia, addressed the Council requesting that the Developers of RD 81-11 and 83-1 (Schaal) be allowed to propose their requested allocation from the 220 units available, noting that Arcadia now owns approximately 160 units of the 220 and that they are also owners of RD 82-5 (Citation-21 units). The Mayor requested that the Developers consider affordable housing on their proposal. Mr. David Sanchez, Country Estates, addressed the Council requesting approval of sewer allocation for 30 units in Country Club Estates. Mr. Ted Schaal, Long Meadows, addressed the Council noting that he was in accord with developers proposing the sewer allocations for their projects as noted and requested by Lou Tersini, with his approval, since he is the major owner and further noted that his project is basically affordable housing. Mr. John Filice, Glen Lorna Group, addressed the Council requesting that their project be deferred until next year with the condition that the service exists but if a change occurs the tentative maps, etc. can be acted upon. He noted that they proposed 100% construction in 1991 but require City's certainty that sewer service will be available in order to proceed with preliminary plans, etc. Motion was made by Councilman Kloecker seconded by Councilman Valdez that sewer allocation be approved for 10 units requested for RD 81-4 (Price) by the following Roll Call Vote: Ayes: Councilmembers: Kloecker, Valdez and Hughan; Noes: Councilmembers: Gage, Hale, Mussallem and Nelson. Motion failed and it was noted that the matter of Sewer Allocations for the RDO applications presented would be agendized on the October 1, 1990 Council Agenda. Noted a letter of resignation from Patricia Bentson, Planning Commissioner and accepted same with regret. Council requested that the vacancy be filled at the regular time of the terms expiring December 31, 1990 are filled. Council also requested that the vacancies be agendized in October in order to allow ample time for submitting applications. The following informational items were noted with no separate discussion: Planning Staff approvals, dated August 30, 1990; Gilroy Garlic Festival Association, Inc. in appreciation; Gil2000 Com. WaterCons. prog. Purchase Property adj.to Xmas Hill t:: U f) "4 ~.. ;7 1'_ 1990; Minutes of the Housing Task Force Meeting of August 27, Bishop Hoggan expressing regret; Proclamations Issued by Mayor Hughan: Constitution Week _ September 17-23, 1990; Emergency Medical Services Week _ September 16-22, 1990; Welcoming M. E. Lazerte High School, a Canadian Football Team from Edmonton, Alberta; and Petition and Staff Report on a Street Sign. Noted the Minutes of the Gilroy 2000 Steering Committee Meeting of September 9, 1990. A Report on the Water Conservation Figures was noted and further explained by City Administrator Baksa. Motion was made by Councilman Gage to approve the third tier for 12,0001+ gallons as presented. Motion died for lack of a second. Motion was made by Councilman Hale seconded by Councilwoman Nelson that the current water rates remain during the winter months by the following Roll Call Vote: Ayes: Councilmembers: Hale, Kloecker, Mussallem, Nelson and Valdez; Noes: Councilmembers: Gage and Hughan. City Administrator Baksa presented a recommendation to authorize purchase of the "Ranch Site" and "Hillside Site" properties adjacent to Christmas Hill Park. Motion was made by Councilman Valdez seconded by Councilman Kloecker and carried that purchase of the "Ranch Site" and "Hillside Site" adjacent to Christmas Hill Park be authorized as presented as follows: Signing of the Real Estate Purchase Agreement, Signing of the Lease Agreement between the City of Gilroy and the County of Santa Clara, Granting of an Easement to the County of Santa Clara and appropriate budget amendment be authorized for said purchase. Councilwoman Nelson voted "no" on the motion. Councilman Kloecker noted that he had no update on the Recycling Program. Councilwoman Nelson noted events of the Visitors' Bureau. Councilman Hale requested copies of the minutes of the Santa Clara County Cities Association be agendized for Council information. The following meetings were noted: Public Informational Meeting of the Gilroy/Morgan Hill City Councils', September 18, 1990 - 7:30 p.m., Gilroy Senior Center re: Future Plans of the Jointly Owned Sewer Plant. City Administrator Baksa noted that he would schedule a tour of the proposed land disposal sites for any Councilmember wishing to view same. Councilwoman Nelson noted that she would be available after 4:00 p.m., September 18, 1990; Joint Gilroy/Morgan Hill City Councils' Closed Session 6:00 p.m., and Special Meeting - 7:30 p.m., re: Completion of CEQA Certification and Adoption of an Alternative for the Long-Term Wastewater Management Plan and Associated Findings and Mitigation Monitoring Program - Morgan Hill Council Chambers, September 24, 1990; Gilroy City Council Study Session October 8, 1990 _ 7:00 p.m., Gilroy Senior Center re: Discussion of Residential Development Ordinance (RDO) Revisions; and Gilroy City Council Study Session October 29, 1990 - 7:00 p.m., Gilroy Senior Center re: Discussion of City Annexation Policy. rnr>.4 'J7L Adjrnmt. City Administrator Baksa noted that he has not had time to forward letters to Commercial/Industrial under users of their sewer capacity to determine if they would voluntarily return any of their unused sewer allocation. At 10:25 p.m. the Mayor adjourned the meeting. Respectfully submitted, ;;I~~r~' d~