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Minutes 1984/02/21 l ! 4980 Ro 11 Ca 11 Consent Calendar Minutes Claims Ord. #84-1 re: Rezoning-P. Bertuccio February 21, 1984 Gilroy, California Mayor Hughan led the Pledge of Allegiance to the Flag. , The Regular Meeting of the Gilroy City Council was called to order by Her Honor Roberta H. Hughan at 8:01 p.m. Present: Council Members~ Sharqn A. Albert, Paul V. Kloecker, Larry Mussallem, JohnE" Pate, Pete Va~dez, Jr., and Roberta H. Hughan. Absent: Council Member: Donald, F. Gage. Motion was made by Councilman Kloecker seconded by Councilman Mus~allem that the followina items 'under the Consent Calendar be ap- proved by the following Roll Call Vote: Ayes:, Council Members: Al bert, Kloecker, Mussallem, Pate, Valdez and Huqhan; Absent: Council Member: Gage. Approved the Minutes of the Adjourned Reqular Council Meeting of January 31, 1984; Approved the Minutes of the Regular Council Meeting of February 6, 1984; Denied a Personal Damage Claim of Fred D. Davis. Jr.; Denied a Personal Injury Claim of Domingo Sesena; Adopted Ordinance No~ 84-1 rezoning from R3 (Medium Density Resi- dential) Planned Unit Development,to R4 '(Hic:th D~nsity Residential) Planned Unit Development District on property located on the east side of Kern Avenue between First Street and Welburn Avenue, Paul W. Bertuc- cio, applicant. ~~ Ord. #34-2 re: I Prezoni ng- ...... Sewer Farm Property Ord. #84-3 re: Zoni ng t~ap Amendment .....,.., ,~.. - Pub. Hear. re: Dev. Agree. Las Animas Tech. Pk. ~;~ ....... 4981 ORDINANCE NO. 84-1 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING A 6.84 ACRE PARCEL ON THE EAST SIDE OF KERN AVENUE BETWEEN FIRST STREET AND WELBURN AVENUE FROM R3 PUD (MEDIUM DENSITY RESIDENTIAL) PLANNED UNIT DEVELOPMENT DISTRICT TO R4 PUD (HIGH DENSITY RESIDENTIAL) PLANNED UNIT DEVELOPMENT DISTRICT. PASSED AND ADOPTED this 21st day o-F February, 1984, by the following vote: AYES: COUNCIL MEMBERS: ALRERT, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: GAGE; Adopted Ordinance No. 84-2 prezoning to PF (Park/Public Facilities) District on property located immediately northeast of" the existing city sewer facilities, east of Llagas Creek and south of Highway 152, City of Gilroy, applicant. ORDINANCE NO. 84-2 ORDINANCE OF THE CITY OF GILROY M1ENDING THE ZONING ORDINANCE OF SAID CITY BY THE PREZONING APPROXIMATELY 33,ACRES ADJOINING THE CITY OF GILROY EAST OF LLAGAS CREEK, SOUTH OF HIGHWAY 152 AND NORTHEAST OF THE GILROY SEWER TREATMENT PLANT AS PF(PARK/PUBLlC FACILITY) DISTRICT. PASSED AND ADOPTED this 21st day of February, 1984, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN NOES: COUNCIL MEMBERS~ NONE ABSENT: COUNCIL MEMBER: GAGE; Adopted Ordinance No. 84-3 amending the Zoning Map of the City of Gil roy . ORDINANCE NO. 84-3 AN ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING MAP PERTAINING TO 7200 ALEXANDER STREET. PASSED AND ADOPTED thi s 21st, day of February, 1984, by the foll owi ng vote: AYES: COUNCIL MEMBERS: ALBERT, KLOECKER, MUSSAlLE~~ PATE, VALDEZ and HUGHAN NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: GAGE. The Mayor stated that it was the time and place scheduled for a Continued Public Hearing to consjder approval of a 65864 Development Agreement for Las Animas Technology Park. City Administrator Baksa presented and explained the Staff Report regardi ng proposed process for allocating i ndustri a 1 sewer capacity and presented a letter from Silacci Enterprises, Inc. recommending approval of the Staff recommendation regarding allocation of industrial sewer capa- city and denial of the Development Agreement request of Las Animas Technol- ogy Park. . The Mayor asked if there was anyone present in the audience wiShing to speak on the matter. Mr. Paul Barrish, Las Animas Technology Dark, aridressed the Council further explaining the proposed industrial oroject. The Mayor asked if there was anyone further in the audience wishing to speak. There was no comment from anyone in the audience. Motion was made by Councilman Mussallem seconded by Councilman Kloecker and carried that theP1:1blic Hearing be close~. Motion was made by Councilman Mussallem seconded by Councilman Pate and carried that Staff's recommendations presented for allocating industrial sewer capacity be approved. - , The Mayor thanked Staff and the Industrial Committee Members for working on this recommendation. Discussion'was had by Council regarding the rerating of sewer capa- city under the allocation pOlicy. It was noted by Staff that additional data is needed from the Regional Water ~uality Control Board and same is anticipated maybe in June of 1984. 4982 So. Valley Counseling Center Hope Rehab. Carni val Acq. Assmt. Di st. -t1an- tell i Dr. Plan. Com. Report 2/16/84 Cap. Imp. Program Public Safety Fees Land Use Survey N/W Quad. Dev. Fees City Administrator Baksa reported that the Las Animas Technol- ogy Park proposed agreement would b~ brought back.to Council when appropriate. ' " The Mayor asked if there was anyone present in the audience wishing to speak on any matter not on the'ag~nda. There was no com- ment, from anyone i~ the audience. The Mayor asked Councilmembers interested in judging the South Valley Counseling Center, Inc. Poster Contest to contact said agency. A request of Butler Amusements for permission to conduct a c?rnival February 23 through 26, 1984, to be sponsored by the Thope Rehabilitation Services of Gilroy was noted. Motion was made by Coun- cilman Pate seconded by Councilman t~ussallem and carried that the re- quest of Butler Amusements to conduct a carnival February 23 through 26, 1984, be approved. . ..... , I . , I .... A letter from W. J. Hanna & Son regarding a proposed acqulsl- tion assessment district on Mantelli Drive was noted. A Staff Renort in regard to same was further noted and explained by City Administrator Baksa.' , Mr. Phi 1 i p D. Assaf, Bondi ng Attorney, addressed the Counci 1 further explaining the procedures required in an acquisition tyoe of assessment district. Mr. W. J. Hanna, Civil Engineer, addressed the Council further explaining his request. Motion was made by Councilman Pate seconded by Councilman Valdez and carried that Staff be authorized to proceed with this type of an acquisition assessment district,and to work with,Bond Counsel on same. The Report of the Planning Commission Meeting of February 16, 1984, was noted. IIIlIll, 'fIIItIIIIJ Council set Monday, March 12, 1984, as a Study Session on the Capital Improvement Program, to immediately follow the scheduled Spec- ial Council Meeting of that date regarding an Open Personnel Hearing. Counci 1 reviewetl the Publ ic Safety Impact 'Fees Report and adden- dum to the memo dated October 17, 1983. The Mayor asked if there was anyone present in the audience wishing to speak on th~ proposal. Mr. Paul A.'Stewart, II, representing the Building Industry Association, addressed the Council requesting a two to four weeks defer- ment of action on the public safety impact fees for time to meet with City Staff in regard to same. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. There was no comment from anyone in the audience. Discussion was had by Council on the matter and referred to Staff to meet with Mr. Stewart and interested developers for a recom- mendation to Council on same. ..... , The Annual Land Use Survey was noted and further explained by Planning Director Dorn. Planning Director Dorn noted no recommendation in regard to the Northwest Quadrant Development Fee Policy. ..... Di scussion was had by Council on the matter. Motion was made by Councilman r1ussallem seconded by Councilman Kloecker and carried that Staff be directed to attempt to negotiate with the developers in the northwest quadrant to determine a method of apportioning fees, in the area. Annex. Policy & Fees ~'''' I I 1 - PUD...T. Schaal 4983 Planning Director Dorn noted a proposed annexation procedure policy further explaining same. The City Attorney noted that the fees could not be adopted at this meeting without notice to, the Building Industry.Association. Motion was made by Councllman Pate seconded by Councilman Mussallem and carried that th~ annexation procedure policy as present~d be approved and that the matter be agendized at the March 19, 1984, Council Meeting to consider adoption of recommended fees and Staff to prepare a resolution for same. Planning Director Dorn noted a letter from r~r. Ted Schaal requesting modification of an approved development plan and Staff recommendation on same. Discussion was had by Council on the matter. Motion was made by Councilman Pate seconded by Councilman Mussallem and carried that Staff be directed to follow the procedure applying RDO plans in accord with the last paragraph of the February 10, 1984, Planning Department memorandum. Mayor Huqhan voted "no" on the motion. Motion was made by Councilwoman Albert seconded by Councilman Valdez and carried that all previously approved development plans of Mr. Ted Schaal be referred back to Council through the Planning Commission with final approval required by Council. Lib. & Cult. Com. The Minutes of the Library and Culture Commission Meeting of January 1/10/84 10, 1984, were noted. Co. Cities Liaison Com. ~".""""" -",~ Ag enda Packets Res. #84-19 Crime Pre- vention Video Taping #~,"'tI - Zo n. 0 rd . Amendments, Sec.50.60, etc. City Administrator Baksa noted that he and Chuck Cate, City Manager of Morgan Hill, met with Susanne Wilson and Salley Reed of the County re- questing communications on long...term and short-term planning between the County and cities to begin in March as a staff-type gathering of representa- ti ves from Gi 1 roy, Morgan Hi 11, the County and San .lose. He further noted that the County Staff will be representing San Martin. He noted that another committee is proposed as a task force type to be made up of local elected and appointed officials, manufacturing, tec. to deal with the issue of growth in the County. He noted that this is being presented as a matter of record that this communication with the County is beginning and should be beneficial to all concerned. City Administrator Baksa noted procedure for delivery of Council Agenda packets. City Administrator Baksa presented a report on Crime Prevention Video Taping. ' Motion was made by Councilman Valdez seconded by Councilman Kloecker that the reading of Resolution No. 84-19 be waived and that it be adopted establishing fees in regard to crime prevention video taping. RESOLUTION NO. 84-19 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING A FEE FOR CRIME PREVENTION VIDEO TAPIN. PASSED AND ADOPTED this 21st day of February, 1984, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN NOES: COUNCIL MEMBERS: 'NONE ABSENT: COUNCIL MEMBER: GAGE City Administrator Baksa, presented a proposed ordinance amending Zoni ng Ordi nance Section 50.60 modi fying the requi rements for approval and extension of residential development approvals and amendment to various other sections to clarify the intent previously introduced and published by title and summary. He recommended removing ordinance change No~ 3 from the ordinance which refers to the Industrial Use Table and requested by Las Animas Technology Park. , ' 4984 Ord. #84-4 Sewer Adv. Committee Citizens' Adv. Committee S.C.Co., Trans. Commi ss i on Kirby Canyon Dump Site Adjournment .. Di scuss i on was had by Council on the matter request ing that this Rroposal be presented at some ,future time for further considera- tion. Motion was made by Councilwoman Albert seconded by Councilman Pate that the reading of Ordinance No. 84-4 be waived and that it be adopted as originally ~ntroduced. ORDINANCE NO. 84-4 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION- 50.60 OF THE ZONING ORDINANCE PERTAINING TO RESIDENTIAL DEVELOPMENT APPROVALS AND OTHER SECTIONS TO CLARIFY INTENT; PASSED AND ADOPTED this 21st day of February, 1984, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: ALBERT, KLOECKER, and HUGHAN COUNCIL MEMBERS: NONE COUNCIL MEMBER: GAGE MUSSALLEM, PATE, VALDEZ It was noted that Staff would meet with the developers for fur- ther possible recommendation'on an amendment to Section 22.30 re: Industrial Use Table. " Councilman Mussallem reported on the Sewer Advisory Committee Meeting of February 14, 1984~ Councilman Kloecker noted that the Citizens' Sewer Advisory Committee scheduled a meeting tonight. Mr. Carlos Lopez reported from the audience that the Committee elected Ed,Lazzarini as Chairman to replace Gene Argo and Susan Voss as Vice Chairman of said Committee. Councilman Kloecker, representative on the Santa Clara County Transportation Commission noted that the City of San Jose is lobbving for additional representation on said Commission; and noted that Santa Cl ara County members of the Metropol itan Transportati on Commi ss ion feel that they are not being fairly treated on matters before this Commission. He further noted that Council positions on the matter is forthcoming. ' Councilman 'Mussallem requested that the Kirby Canyon issue be agendized on the t1arch 5, 1984, Council Agenda and request for the City's position on same. Councilman Valdez inquired of the proposed Gilroy-Morgan Hill Council Study Meeting. City Administrator Baksa noted that Morgan Hi 11' s Ci ty Manager i ndi cated that he woul d present same to the ~10rgan City Council but had not responded as of this date. , At 10:34 p.m., the ,Mayor adjourned the meeting to a Special Council Meeting on Monday, February 27, 1984, at 7:00 p.m. regarding an Open Personnel Hearing. Resnectfully submitted, . ~JU~Y~;rl ~