Minutes 1990/11/05
Invocation
Posting
Agenda
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Regular Meeting
November 5, 1990
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag at 7:01
p.m.
Dr. Joe Caldwell, First Baptist Church, gave the
Invocation.
The City Clerk reported that the Agenda had been posted on
November 1, 1990 at 9:45 a.m.
5934
Roll Call
J
Intro.New
Gilroy
2000
Consent
Calendar
Minutes
\
Intro Ord
Claims
CountryEst.
Assmt.
Dist.
Present: Councilmembers: Donald F. Gage, Leonard A. Hale,
Paul V. Kloecker, Larry Mussallem, Sara C. Nelson, and Pete
Valdez, Jr. and Roberta H. Hughan.
The Mayor introduced New Employees: Christine Kekaha,
Secretary - Parks & Recreation Department; Christina Pitsch,
Public Information Technician; and Paul Bischoff, Public Works
Maintenance I.
Mr. Jack Pate, Chairman of the Gilroy 2000 Committee Task
Force, addressed the Council and gave an update on the
Committee's progress.
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
October 15, 1990;
Introduced an ordinance repealing Section 19.74 and
amending Section 19.75 of the City Code defining multiple family
dwelling units;
Denied the following claims as recommended, noting that L.
Mitre claim was settled and removed from the following: R. & C.
Gordon; R. A. Mancias; E. Kesling; L. Maciel; B. D. Minor; A. or
J. Lopez; E. & V. Emma; and R. N. Bigby;
Noted and adopted the following resolutions required to
include additional property in Country Estates - Phase I
Assessment District:
Noted receipt of an additional Petition signed by Robert
and Shelly Kovacs;
Noted receipt of a Supplement to Petition - Nob Hill
General Store, Inc. signed by Michael Bonfante, President;
Noted receipt of.a revised Certificate;
Noted receipt of a revised Certificate of Title;
Adopted Resolution No. 90-71 Accepting Supplement to
Petition;
RESOLUTION NO. 90 - 71
RESOLUTION ACCEPTING SUPPLEMENT
PHASE I ASSESSMENT DISTRICT.
PASSED AND ADOPTED this 5th day
following vote:
AYES: COUNCILMEMBERS:
TO PETITION - COUNTRY ESTATES -
of November, 1990, by the
NOES:
ABSENT:
GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ and HUGHAN.
None
None;
COUNCILMEMBERS:
COUNCILMEMBERS:
Noted a revised Boundary Map;
Adopted Resolution No. 90-72 rescinding Resolution No. 90-
57 and approving Boundary Map;
RESOLUTION NO. 90 - 72
RESOLUTION RESCINDING RESOLUTION NO. 90-57 AND APPROVING BOUNDARY
MAP - COUNTRY ESTATES - PHASE I ASSESSMENT DISTRICT.
PASSED AND ADOPTED this 5th day of November, 1990, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ and HUGHAN.
None
None;
COUNCILMEMBERS:
COUNCILMEMBERS:
Dev.Agree.
Gurries
Bid re:
WWTP
Pub. Hear.
GPA 90-9
Res.#90-74
Pub.Hear.
GPA 90-3
r;o~c,
...' ,;7 '-' '.,j
Adopted Resolution No. 90-73 requesting consent to conduct
Assessment Proceedings from the County of Santa Clara;
RESOLUTION NO. 90 - 73
RESOLUTION REQUESTING CONSENT TO CONDUCT ASSESSMENT PROCEEDINGS -
COUNTRY ESTATES - PHASE I ASSESSMENT DISTRICT.
PASSED AND ADOPTED this 5th day of November, 1990, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ and HUGHAN.
None
None; and
COUNCILMEMBERS:
COUNCILMEMBERS:
Approved Development Agreement #90-44, Gurries Associates
as recommended.
City Administrator Baksa presented and explained a
recommendation to award the bid of Petrotek in the amount of
$59,800.00 for Wastewater Treatment Plant Fuel storage Tank
Project 1990-5.
Motion was made by Councilman Gage seconded by Councilman
Kloecker and carried that Petrotek be awarded the bid for
Wastewater Treatment Plant Fuel storage Tank Project 1990-5 in
the amount of $59,800.00 as recommended.
The Mayor stated that it was the time and place scheduled
for the continued Public Hearing to consider a General Plan
Amendment request initiated by the City of Gilroy for property
located southwest of Uvas Creek from Miller Avenue and southeast
of Christmas Hill Park along Miller Avenue from Open Space to
Park/Public Facility, to allow expansion of Christmas Hill Park,
GPA 90-9.
The Mayor noted that she would not take part in the
discussion nor vote on the matter due to a conflict of interest.
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 proposal. There was no comment from anyone in
the audience. The Mayor closed the Public Hearing.
Motion was made by Councilman Gage seconded by Councilman
Kloecker that the reading of Resolution No. 90-74 be waived and
that it be adopted approving General Plan Amendment 90-9.
RESOLUTION NO. 90 - 74
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING
AMENDMENT TO THE GENERAL PLAN FOR THE CITY OF GILROY.
PASSED AND ADOPTED this 5th day of November, 1990, by the
following vote:
AYES: COUNCILMEMBERS:
AN
NOES:
ABSENT:
GAGE, HALE, MUSSALLEM,
and KLOECKER.
None
HUGHAN.
NELSON, VALDEZ
COUNCILMEMBERS:
COUNCILMEMBER:
The Mayor stated that it was the time and place scheduled
for the continued Public Hearing to consider a General Plan Text
Amendment, Smith and Associates, Applicant, re: the intersection
of Santa Teresa Boulevard and First Street, GPA 90-3.
The Mayor noted that she would not participate in the
discussion nor action on the Public Hearing due to a conflict of
interest.
Mayor Protempore Kloecker conducted the Public Hearing.
The Staff Report was noted and further explained by
Planning Director Dorn.
~()3?,
~,;.-"7 '"...'
Res.90-75
Pub. Hear.
SolidWaste
Co.Plan.
Res.90-76
Undrgrnd
utility
Fees
St.Bd.Eg.
Suit
The Mayor Protempore asked if there was anyone in the
audience wishing to speak for or against the proposal.
Mr. Mort Sherin, representing Unocal, Applicant of the
General Plan Text Amendment, addressed the Council further
explaining their proposed project.
The Mayor Protempore 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 Protempore closed
the Public Hearing.
Motion was made by Councilman Gage seconded by Councilwoman
Nelson that the reading of Resolution No. 90-75 be waived and
that it be adopted approving the General Plan Text Amendment, GPA
90-3.
RESOLUTION NO. 90 - 75
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING AN
AMENDMENT TO THE GENERAL PLAN TEXT FOR THE CITY OF GILROY.
PASSED AND ADOPTED this 5th day of November, 1990, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
GAGE, HALE, MUSSALLEM,
and KLOECKER.
None
HUGHAN.
NELSON, VALDEZ
COUNCILMEMBERS:
COUNCILMEMBER:
The Mayor stated that it was the time and place scheduled
for a Public Hearing to consider adoption of the 1989 Revision of
the Santa Clara County Solid Waste Management Plan.
The Staff Report was noted and further explained by City
Administrator Baksa.
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 Councilman Kloecker seconded by
Councilman Gage that the reading of Resolution No. 90-76 be
waived and that it be adopted.
RESOLUTION NO. 90 - 76
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING AND
ADOPTING THE SOLID WASTE MANAGEMENT PLAN FOR THE COUNTY OF SANTA
CLARA, 1989 REVISION.
PASSED AND ADOPTED this 5th day of November, 1990, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ and HUGHAN.
None
None
COUNCILMEMBERS:
COUNCILMEMBERS:
Discussion was had on the City'S Undergrounding Utility
Fees Policy continued from 7-16-90 (3 months) and 10-15-90
regular meeting. Director of Public Works Allen gave an update
on the policy and ordinance establishing the fees.
Motion was made by Councilman Mussallem seconded by
Councilwoman Nelson and failed by the following Roll Call Vote to
direct Staff to prepare an amendment to the Undergrounding
Utility Fee Ordinance excluding fees for developed areas: Ayes:
Councilmembers: Mussallem and Nelson; Noes: Councilmembers: Gage,
Hale, Kloecker, Valdez and Hughan.
Motion was made by Councilman Gage seconded by Councilman
Mussallem and carried that the City's Attorneys proceed to
collect attorney fees regarding the City of Gilroy v. State Board
of Equalization Suit, as recommended.
RDO
Alloca-
tions
Recess
Acct.ClkI
LongMeadow
Driveways
5Y37
Council continued review of the RDO Allocations.
The Staff status Report of projects approved under the RDO
was noted.
The city Attorney noted that the 401 allocations previously
approved are not a vested matter until the Tentative Maps are
approved.
The Mayor recommended that the sewer allocations be
postponed until the Spring with the exception of Price and allow
him to proceed at this time with the 10-11 units requested.
Motion was made by Councilman Valdez and died for lack of a
second to call back the 401 sewer allocations and require the
applicants to reapply for allocations.
Motion was made by Councilman Mussallem seconded by
Councilwoman Nelson to proceed and allocate 200 units as
prescribed on Page 2 of the Staff Report, specifically as
follows: RD 81-11, 83-1 - Schaal/Glen-Lorna - 64 units;
Arcadia/William Lyon - 76 units (combines 12 from 82-5); RD 80-7
The Forest - 8 units; RD 82-3 Filice/Thomas Road - '24 units; RD-
83-11 - Country Estates - 18 units; RD 82-5 Arcadia/Glen-Lorna "0"
units; and RD 81-4 - Price - 10 units.
Discussion was had on the motion. Motion was made by
Councilwoman Nelson seconded by Councilman Mussallem to call for
the question. Motion failed by the majority and discussion was
continued on the motion to proceed and allocate 200 units as
prescribed on Page 2 of the Staff Report.
John Filice, representing Glen Lorna, addressed the Council
and noted that they would agree to the 200 units as outlined.
Ted Schaal, Longmeadow, addressed the Council and noted
that he would build affordable housing on 4500 sq. ft. lots.
Planning Director Dorn explained the process in which this could
be done under Mr. Schaal's present RDO allocation.
Lou Tersini, Arcadia, addressed the Council regarding the
requirement to pay 50% of the fees within 90 days, noting there
is no market to build at this time, but that they would abide by
the City's requirements.
John Filice requested Council allow the developers to
decide who elects to fade out if any.
David Sanchez, country Estates, addressed the Council
regarding the proposed allocations.
The following Roll Call Vote was taken on the motion to
allocate 200 units as prescribed on Page 2 of the Staff Report
and carried: Ayes: Councilmembers: Gage, Hale, Mussallem and
Nelson; Noes: Councilmembers: Kloecker, Valdez and Hughan.
At 9:10 p.m. the Mayor declared a recess and reconvened the
meeting at 9:20 p.m.
Motion was made by Councilman Kloecker seconded by
Councilman Gage and carried that a Full-Time Account Clerk I in
the Finance Department be approved as recommended.
The Mayor asked if there was anyone in the audience wishing
to speak on any matter not on the agenda. Mr. Ted Gavin,
Longmeadow Drive, addressed the Council and gave an update on his
driveway problem, noting that he had not been contacted by
Arcadia and requested assistance from the City. The City
Attorney suggested that Mr. Gavin contact the State Licensing
Board to determine what information and documents they require to
act upon his protest.
5:138
Regional
Govrnmt.
Ballot
Props.
Xmas Dec.
SB 2557
Res. #90-77
A letter from the City of Lynwood in opposition to AB 4242
re: Regional Government was noted. The Mayor suggested that
action on the matter be tabled at this time. Council took no
action.
A letter from Santa Clara County Manufacturing Group
requesting opposition to Proposition 128 was noted. Council took
no action.
A letter from San Jose Real Estate Board requesting support
and/or endorsement of Proposition 145 was noted. Council took no
action.
A request of the Gilroy Chamber of Commerce for City
services to install Christmas Decorations was noted and further
explained by the City Administrator and Philip Buchanan,
representing the Chamber.
It was suggested that the Chamber contact the Tourism and
Convention Bureau to solicit funding in future years for
assistance for installation costs.
Motion was made by Councilman Gage seconded by Councilman
Hale and carried that the City provide installation services for
the Christmas Decorations of the Chamber of Commerce.
Council discussed Operation Budget Freedom and the City's
response to Legislators Mello and Areias and Supervisor Wilson
re: SB 2557 and Legislator's responses to same were noted.
Additional response from Senator Mello was noted regarding
a Town Hall Meeting in Hollister scheduled for November 14,
1990. The following Councilmembers: Hale, Kloecker and Mussallem
noted that they would meet with Senator Mello prior to the Town
Hall Meeting if same could be arranged by the Mayor.
Motion was made by Councilwoman Nelson seconded by
Councilman Kloecker that the reading of Resolution No. 90-77 be
waived and that it be adopted.
RESOLUTION NO. 90 - 77
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY SUPPORTING THE
REPEAL OF SB 2557 (STATE BUDGET ACTIONS).
PASSED AND ADOPTED this 5th day of November, 1990, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ and HUGHAN.
None
None
COUNCILMEMBERS:
COUNCILMEMBERS:
The following informational items were noted with no
separate discussion on same:
Gilroy Unified School District in appreciation;
Rod Kelley Elementary School and Parents' Club in
appreciation;
Santa Clara County Library Newsletter, October-December,
1990;
Gilroy Downtown Development Corporation in appreciation;
Magazine Article, Business Tokyo, September 5, 1990 re:
Garlic;
League of California Cities positions on November 1990
Ballot Measures;
Santa Clara County Planning Department Info Publication,
Issue #90-6A;
JPA Agree.
Plan. Com.
11-1-90
Housing
TaskForce
.!:.U~9
~"/ 7 '-'
Councilman Gage in response to Congressman Campbell's
comments re: Monterey Bay National Marine Sanctuary;
Sherrie A. Besson re: Cities Selection of Alternative for
the Long-term Wastewater Management Plan;
Permit Streamlining Act for a Planned unit Development and
Tentative Subdivision Map;
Rod Kelley Knights Parents' Club in appreciation;
Council Annexation Study Session Notes (10-29-90);
Progress Report on Old City Hall Repair Project;
Notice of Meeting of City Selection Committee of Santa
Clara County;
Santa Clara county Traffic Authority Amendment to Measure A
Expenditure Plan;
Status of non-conforming driveways in Arcadia and Lyon
Developments;
Governor's Litter Prevention Campaign; and
Jananne Sharpless, Secretary of Environmental Affairs re:
Monterey Bay National Marine Sanctuary.
City Administrator Baksa presented and explained a
recommendation to approve the Engineering Services Agreement with
James M. Montgomery Consulting Engineers relative to the
Predesign of the Long-term Wastewater Facilities as recommended
by the Joint Powers Sewer Advisory Committee.
Motion was made by Councilman Gage seconded by Councilman
Mussallem and carried that the Engineering Services Agreement
with James M. Montgomery Consulting Engineers be approved
relative to the Predesign of the Long-term Wastewater Facilities
as recommended.
City Administrator Baksa presented and explained a
recommendation to approve the Engineering Services Agreement with
James M. Montgomery Consulting Engineers relative to the
Preparation of the AB 2588 Air Emission's Inventory Report as
recommended by the Joint Powers Sewer Advisory Committee.
Motion was made by Councilman Kloecker seconded by
Councilman Valdez and carried that the Engineering Services
Agreement with James M. Montgomery Consulting Engineers relative
to the Preparation of the AB 2588 Air Emission's Inventory Report
as recommended by the Joint Powers Sewer Advisory Committee.
The Report of the Planning Commission Meeting of November
1, 1990 was noted.
The Minutes of the Housing Task Force Meeting of October
19, 1990 were noted.
City Administrator Baksa gave an update on the Water
Conservation Program.
City Administrator Baksa distributed information from the
Department of Housing and Community Development regarding the
Housing Element of the General Plan further explained by Planning
Director Dorn.
The Minutes from the last Council RDO Study Session for the
next RDO Study Session scheduled for November 13, 1990 were
noted.
The Mayor noted a request of the League of California
Cities - Peninsula Division for volunteers to Policy Committees.
5940
Adjrnmt.
The Mayor noted that additional information re: Bay Vision
2020 is forthcoming.
The Mayor noted a request of IGC for a volunteer from South
County on their Trails and Pathways Committee and that their
meetings are scheduled for the first Thursdays of the month at
7:30 p.m. to 9:00 p.m.
The Mayor noted a drought in a small community she recently
visited in England that posts $800.00 fines for using sprinklers
and/or hoses.
Councilman Kloecker gave an update on the Recycling Program
noting that they are now recycling used white paper which is
expected to come from commercial businesses; styrofoam now being
recycled and proposal to recycle yard waste as a separate pick-
up.
Councilman Gage noted that some of the Supervisors in
Monterey County are not in agreement with their proposed law suit
regarding the Long-term Wastewater Facilities for the Cities of
Gilroy and Morgan Hill.
Councilman Hale requested that the present Council Chamber
microphones be replaced.
Councilman Mussallem noted that if Council does not concur
with a Planning Commission recommendation that they would like an
explanation. Planning Commissioner Buchanan addressed the
Council and further explained same noting that they are
interested in the Council's position on any matter that is not in
concurrence with the Commission.
The Mayor noted the following meetings:
County Planning Public Information Meeting re: Greenbelt
Study, November 7, 1990, 7:30 p.m. to 9:30 p.m., Gilroy Council
Chambers;
Gilroy City Council Study Session, November 13, 1990 - 7:00
p.m., Gilroy Senior Center re: Discussion of Residential
Development Ordinance (RDO) Revisions;
County Planning Commission Meeting re: Greenbelt Study,
November 15, 1990, 7:30 p.m. to 9:30 p.m., Gilroy Council
Chambers;
County Planning Public Information Meeting re: Greenbelt
Study, November 19, 1990, 7:30 p.m. to 9:30 p.m., San Martin
Lion's Club, San Martin;
Joint Gilroy City Council/Planning Commission Study
Session, November 26, 1990 - 7:00 p.m., Gilroy Senior Center re:
Santa Clara County Consultant's Report on Greenbelt Proposal; and
Board of Supervisors Meeting re: Greenbelt Study, December
4, 1990 (time to be determined), Board of Supervisor's Chambers,
San Jose.
At 10:21 p.m. the Mayor adjourned the meeting to a Closed
Session re: Personnel, continued from the 6:30 p.m. closed
session.
At 10:30 p.m. the Mayor reconvened the meeting and further
adjourned.
Respectfully submitted,
4~z. 4~