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Minutes 1990/11/05 Invocation Posting Agenda '~,", . "'^","~7',,,"",".,,,,,,"-' "~,~_",>--"""",,,,",.o"" ""'.-'_"__<C~',__'., "__"",",,,";X' -"'__'i"''''"-'-''-'''''''''''_'".'~;"'''''-""'''~''-\,,="J''c_''''''~,''''i'''.UJ,,",=,"--",-"-""''''''''''-1l'"4<'''''''''"'''''''~;c'''':':''':''' """'~2'''''''''''S'' rS177 ""'l ",., ....jl "--J" 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~