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Minutes 1984/03/05 Ro 11 Ca 11 Consent Calendar Minutes Def. Dev. Agreements- RenzjMan- te 11 i & Tatro Dev. Agree.- Nowa kows k i Pu b. Hea r . re: E.9th St. Assl'lt.Dist. #18 4985 Ma rch 5, 1934 Gilroy, California Mayor Hughan led the Pledge of J\llegiance to the Flag. The Regular t,1eeting of the Gilroy City Council was called to order by Her Honor Roberta H. Hughan, Mayor, at 8:00 p.m. Present: Council Mel'lbers: Sharon A. Albert, Donald F. Gage, Paul V. Kloecker, Larry Mussallem, John E. Pate, rete Valdez, Jr. and Roberta H. Hughan. Motion was made by Councilman Gage seconded by Councilman Mussallem that the following items under the Consent Calendar be approved by the following Roll Call Vote: t\yes: Council ~1embers: Albert, Gage, Kloecker, Mussallem, Pate, Valdez an~ Huqhan. Approved the Minutes of the Regular Council Meeting of February r, 1984; 1984; Approved the Minutes of the Special Council Meeting of February 27, Approved Deferred Development Agreements with Renz/Mantelli and with Dave Tatro, as presented; and Approved a Development Agreement with Nowakowski as presented. the Mayor stated that it was the tiTle and place scheduled for a Public Hearing re: East Ninth Street, Et Al Assessment District apportion- ment of Assessment No. 18. 4986 Res. #84-20 Pub. Hear. re: GPA-Ed Martin Pub. Hear. re: GPA-Fil ice Fami ly Est. R. Haun- USA request The City Clerk noted the reason for the above apportionment. The Mayor asked if there was anyone present in the audience wishing to speak for or against the proposal. There \'/as no comment from anyone in the audience. Motion was made by Councilman Mussallem seconded by Councilman Pate and carried that the Public Hearing be closed. Motion was made by Councilman Pate seconded by Councilman Gage that the reading of'Resolution No. 84-20 confirming Amended Assessment No. 18 be waived and that it be adopted. ....."~ RESOLUTION NO. 84-20 A RESOLUTION CONFIRMING AMENDED ASSESSMENT - EAST NINTH STREET, ET AL, ASSESSMENT DISTRICT - ASSESSMENT NO. 18. PASSED AND ADOPTED this 5th day of March, 1984, by the followinq vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE 1 '..... The Mayor stated that it was the time qnd place scheduled for a Public Hearing on a General Plan Amendment request of Ed Martin from Rural Residential to Industrial District, on property located south of Fitzgerald Avenue, north of Day Road, between Murphy Lane and Monterey Road. City Administrator Baksa reported that the EIR for this project is not complete anrl recommended that the Public Hearing be continued to June 4, 1984. The Mayor asked if there was anyone present in the audience wishing to speak on the matter. There was no comment from anyone in the audi ence. ...'~, Motion was made by Councilman Mussallem seconded by Councilman Valdez and carried that the Public Hearinq be continued to June 4, 1984. ......, The Mayor stated that it was the time and place scheduled for a Public Hearing on a General Plan Amendment request of Filice Family Estates from Low Density Residential to Industrial Park, General Ser- vices, Professional Office, and High Density Residential and Realign- ment of Thomas Road and Santa Teresa Road. Staff recommended that this public hearing be continued to June 4, 1984, for completion of the EIR for this project. The Mayor as ked if there was anyone present in the audi ence wi s h- ing to speak on the proposal. Mr. Bruce Sweeney, 6380 Hyde Park Drive, addressed the Council requesting that the truck cross-traffic be addressed in the revised EIR. The Mayor informed Mr. Sweeney that if written communication from him on this matter is provided, same would be included with the Staff reports at the proposed continued hearing of June 4, 1984. Motion was made by Councilman Pate seconded by Councilman Gage and carried that the Public Hearing be continued to June 4, 1984. 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 any- one in the audience. '... I ! ........ A letter from Rodney M. Haun was noted requesting reconsideration of his Urban Service Area Application No.5 and excerpts from the Staff Report on this matter. Planning Director Dorn explained the proposal. Mr. Haun addressed the Council and further explained his request. The Mayor asked Council if they wished to reconsider the request. Falcon Cable TV Franchise - ( ; -... Plan. Com. Report 3/1/84 '" P & R Com. 2/21/84 Minutes - Ind. Sewer Allocations Public Safety Fees Las Animas Tech. Pk. ....... I ..... 4987 Council made no change in the; r previ ous acti on denying the request for inclusion in the Urban Service Area. A letter from Falcon Cable TV was noted requesting an extension of their franchise. Mr. Mi ke S il acci, General Manager, addressed the Council further explaining his request. The City Attorney requested that this matter be continued for two weeks in order to determine if the 25 year franchise can legally be extended. . . Council continued the matter to March 19, 1984, to allow Staff to determine the legality of the extension requested. The following informational items were noted with no separate dis- cussion on same: Letter from the City of San Jose re: Horizon 2000; Proposed changes to text of County Zoni 119 Ordi nance Agri cultural Zone; and Planning Staff Action Report. The Report Qf th~ Pl~nning Commission Meeting of March 1, 1984, was noted. An article on Downtown Gilroy in WestPlan was noted. The Mayor recommended de.cel~ri ng action on the Twenty Year Phas ing Study referred by the City Council to the Planning Commission to the March 19, 1984, Regular Council Meeting when the General Plan Amendment Hearings regarding the Twenty Year Plan are scheduled. The Minutes of the Parks & Recreation Commission Meeting of February 21, 1984, were noted. The Minutes of the Senior Citizens' Advisory Council Meeting of January 1984 were noted. City Administrator Baksa presented anrl explained the results of the Industrial Sewer Allocation Process and thanked all industrial developers and land owners for their cooperation and input in this allocation process. City Administrator Saksa noted that the Public Safety Impact Fees would be agendized on the March 19, 1984, Council Agenda. City Administrator Baksa noted a successful Staff Evaluation Study Session held March 5, 1984. City Administrator Ba.ksa noted a Department Hea,d Retreat proposed for the end of March, 1984. City Administrator Baksa recommended Council act in regard to the Las Animas Techno19gy Park 65864 Development Aqreement, notinq a request to clarify and correct the Council Minutes of the February 6, 1984, Regular Council Meeting; thus requiring action on said development agreement. Mr. Paul Ba}~ri sh addressed the Counci 1 representing Las Animas Technology Park and noted that the proposed Development Aqreement may be modified at a later date. Motion was made by Councilman Valdez seconded by Councilman Gage and carried that the February 6, 1984, Council Minutes be corrected as recom- mended: "Motion was made by Councilwoman Albert seconded by Councilman Kloecker €O'ta-8€lf'f':bea that the request of Las Animas Technology Park for approval of a 65864 Development Agreement, be de.nied and that Staff present l~ecomrnendations on a fair allocation of the balance of sewer capacity re- maining. Motion was amended by Councilvoman Albert seconded by Councilman Kloecker and carried b@~~8i~-€l5Peea to postpone the request of Las Animas Technology Park for approval of&, 65864 Development Agreement and reopened the Public Hearing and continued same to the February 21, 1984, Council Meeting to allow input from the developers following Staff Report recom- 4988 Kirby Canyon I s s ue Braze Appeal ABAG Cap. Imp. Program ICC Adjournment mendations and Council consideration on the method of allocating the remaining sewer capacity of the City. II Note: No action taken at the 2-21-84 Council Meeting in regard to the Development Agreement Application of Las Animas Technology Park. Motion was made by Councilman Gaqe seconded by Councilman Pate and carried that action be tabled on the Las Animas Technology Park 65864 Development Agreement until reallocation of sewer capacity by the Water Quality Control Board has been established. Councilman Pate reque$ted additional Council discussion on the concept of Development Agreements prior to action on such development agreements. .-. Councilman Mussallem explained the Kirby Canyon issue and re- quested Council endorsement supporting the City of Morgan Hill in their position on opposition of the Kirby Canyon site location. i I , I '...., Motion was made by Councilman Mussallem seconded by Councilman Gage and carried that the City support the City of Morgan Hill's posi- tion on the Kirby Canyon site location requesting that a letter be for- warded to the City of San Jose with a copy of same to the City of Mor- gan Hill. The Mayor presented the Council's decision in regard to the Braze Appeal Hearing. Motion was made by Councilman Kloecker seconded by Councilman Pate and carried that Council supports and concurs with the City Administrator's decision in reqard to Officer Braze's appeal. Councilman Gage voted IInoll on the motion. Councilman Gage noted the Council Study Session scheduled for March 6, 1984, at 6:30 p.m. in regard to a Third Party Operator at the Sewer Treatment Plant. Councilman Gage gave a progress report of the Sewer Treatment Plant operations. .... I Councilman Kloecker noted that the Joint Citizens' Advisory Com- mittee has scheduled a meeting for March 6, 1984, at 7:30 p.m. ... Councilman Kloecker requested Council authorization to support the ,1984-85 ABAG Budget which includes an increase in Gilroy's member- ship dues from $890.00 to $2,~18.00. Motion was made by Councilman Pate seconded by Councilman Gage and carried that Representative Kloecker be authorized to support the 1984-85 ABAG Budget as requested. Planning Director Dorn presented and explained Cumulative Indus- trial Impacts in relation to the housing issue. Councilman Pate noted the presence of the Gilroy High School students in attendance required by their government class and intro- duced his daughter who is a student in one of these classes. The Mayor noted here recent appointment by the Governor to the State Ai r Resources Board. Council congratul ated her on thi s appointment. The Mayor noted the Council Study Session re: ,Capital Improve- ment Program March 12, 1984, immediately to follow the Personnel Appeal Hearing and Closed Session of the Council re: Personnel. (Scheduled for 7:00 p.m.) .~ I I , ''''''''' The Mayor noted the Inter-City Council Meeting in Los Altos Hills, March 8, 1984. At 9:20 p.m. the Mayor adjourned the meeting to March 6, 1984, 6:30 p.m., noting that said time and date was previously scheduled for a Study Session and is now changed to an adjourned regular meeting to allow Council to take action if desired. . (Note: The March 6, 1984, Adjourned Regular Council Meeting was changed to a Council Study Session re: Third Party Operator at the Sewer Treatment Plant. No action was taken by Council.) II! ..