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Minutes 1984/03/19 4989 March 19, 1984 Gilroy, California Mayor Huqhan led the Pledge of Allegiance to the Flag. The Reqular Meeting of the Gilroy City Council was called to order by Her Honor Mayor Roberta H. Hughan at 8: 02 p. m. Roll Call Present: Council Members: Sharon A. Albert, Donald F. Gaoe, Paul V. Kloecker, Larry Mussallem, John E. Pate, Pete Valdez, Jr. ann Roberta H. Hughan. Ce1rt. of Serv.- The Mayor presented Muriel Brem, retired Library and Culture Commis- M. Brem sioner, a Certificate of Service (2-3-75 to 1-1-84). Consent Calendar Motion was made by Councilman Gage seconded by Councilman Pate that the following items under the Consent Calendar be approved by the following Roll Call Vote: Ayes: Council Members: Albert, Gage, Kloecker, Mussallem, Pate, Valdez and HU0han: Minutes Approved the Minutes of the Regular Council Meeting of March 5, 1984; Cl aims Denied a Personal Injury claim of Steve Diaz; Minutes Approved the Minutes of the Special Council Meeting of March 12, 1984; Las Anima.s Tech. Pk. C. O. #5 Def. Dev. Agree.- Approved a Deferred Development Agreement with Gilroy Associates, Gilroy Ltd., as recommended; Associates Approved Contract Change 0rder No. 5 for Las Animas Technology Park as recommended; 4990 E. 9th St. Assmt. Oi st. C. O. #3 E. 9th St. Assmt. Dist. Impts. Bids-Curb & Gutter Proj. 84-1 Pub. Hear. re: 20 Yr.Study Pub. Hear. re: GPA 83-3, E. Filice Pub.Hear. re: GPA 83-5, J. Kerley Approved Contract Change Order No. 3 for East Ninth Street, et al Assessment District; and Accepted Improvements for East Ninth Street, et al Assessment District as requested and recommended. City Administrator Baksa presented and explained a report and recommendation on bids received for Curb and Gutter Repair Project 1984-1. Motion was made by Councilman Mussallem seconded by Councilman Gage and carried that the bid of George Bianchi in the amount of ~ $55,998.75 be awarded as recommended for the Curb and Gutter Repair I' i Project 1984-1. .....,) The Mayor noted the Planninq Commission recommendation regarding the Twenty Year Phasing Study referred by the City Council relevent to the following Public Hearinqs. She asked if there were any questions of Staff regarding same. There was no comment from Council. The Mayor stated that it was the time and olace scheduled for the Continued Public Hearing on a General Plan AMendment Request for revision of the Twenty Year Area on property located on Miller Avenue near Mesa Road, GPA 83-3, Ernest Filice, applicant, continued from Jan- uary 16, 1984. Planning Director Dorn presented and explained the Staff Report noting that GPA 83-4 was continued to June 4, 1984. The Mayor asked if there was anyone present in the audience wishing to speak on the matter. Mr. Val Filice, representing the applicant, addressed the Coun- cil noting that if a Twenty Year Study of the entire area is anticipated, he would not want same to take an additional year. The Mayor asked if there was anyone else in the audience wishing to speak on the proposal. There was no comment from anyone in the audience. """'"'" I ...., Motion was made by Councilman Mussallem seconded by Councilman Gage and carried that the Public Hearing be closed. Motion was made by Councilman Pate seconded by Councilwoman Al- bert and carried that the General Plan Amendment request be denied. The Mayor stated that it was the time and place scheduled for a Continued Public Hearing on a General Plan Amendment request from Low Density Residential to Medium Density Residential and Professional Of- fice and request for revision of the Twenty Year Area on property loca- ted on Santa Teresa Boulevard and Mesa Road, GPA 83-5, Joe B. Kerley, applicant. Planning Director Dorn presented and explained the Staff Report. The Mayor asked if there was anyone present in the audience wish- ing to speak on the matter. Mr. William Gissler, W. J. Hanna & Son, representing the appli- cant, addressed the Council noti ng that he is in favor of a Master Pl an for the area to include all of Santa Teresa Boulevard. He noted that Mr. Steve Brothers, Reimer & Associates, was present to describe a Master Plan for the area and intent to participate in the preparation of same. "^"""" i ......i Mr. Steve Brothers, Reimer & Associates, addressed the Council and described a need for a Master Plan of the entire area and indicated his firm would like to participate in preparation of such a olano He noted the possibility of reimbursement from the State subsequent to the City advancing funds for such a Master Plan. The Mayor asked if there was anyone further in the audience wish- ing to speak on the matter. There was no comment from anyone in the audience. Pub. Hear. re: GPA 83-7, A. Fortino - I I , I ..... - "...... w 4991 Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that the Public Hearing be closed. Motion was made by Councilman r~ussallem seconded by Councilman Valdez and carried that the General Plan Amendment request be denied. The Mayor stated that it was the time and place scheduled for a Continued Public Hearing on a General Plan Amenrlment request for revision of the Twenty Year Area on property located between Mesa Road and Santa Teresa Boulevard,GPA 83-7, Albert Fortino, applicant. Planning Director Dorn presented and explained the Staff Report. The Mayor asked if there was anyone present in the audience wishing to speak on the matter. Mr. Geary Coats addressed the Council, fepresenting the applicant, and requested that this request be taken separately from the nrevious two Gen~ral Plan Amendment applications since the land uses have been estab- lished for this project and there are pressures to relieve problems that exist on the site today. He noted that the need to study this area does not exist. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. Mr. Denni s Coates, 5495 ~lesa Road, addressed the Counci 1 requesting approval of this 'General Plan Amendment since the applicant's plans would clean up the area. Mrs. Noellen Divito, 5490N1icole Way, addressed the Council noting that this project is not'necessary in order to clean up the area; that signs could be posted on the property. Mr. Lee Kalpin, 5405 Nicole Way, addressed the Council noting that he was the circulator of the petition in favor of this General Plan Amend- ment application. Discussion ~/as had in regard to th~ petition filed with Council on January 16, 1984. The Mayor asked if there '",as anyone further in the audi 2!1Ce 'IIi s hi ng to speak. Mrs. Rosita Walski, 5415 Nicole W~y, addressed the Council noting a need for planning of the entire area. Mr. William Gissler addressed the Council noting that the subject request is planned; that he is in favor of a ~1aster Plan for the remaining areas. He noted that it is conceivable that this area could develop sooner; that the overall Master Plan for remaining areas will not. Mr. Geary Coats addressed the Council noting that he believes that nothing will be achieved if this area is delayed another year. Motion was made by Councilmen Mussallem seco:1dect by Councilman Gage and carried that the Public Hearing be closed. Discussion was had in 'regard to the deed restrictions placed upon the proposed property in regard to residential development. Motion was made by Councilman Gage seconded by Councilman Valdez and not carried that GPA 83-7 be included in the Twenty Year Planning Area. Council members Albert, Kl oecker, Mussallem, Pate and Hughan voted "no" on the motion. Motion was made by Councilman Pate seconded by Councilwoman Albert and carried that the General Plan Amendment request for revision of the Twenty Year Area, GPA 83-7 be denied. Councilmembers Gage and Valdez voted "no" on the motion. The r~ayor asked if there was anyone present in the audience wishinq to speak on any matter not on t.he agenda. There I/Jas "10 comment from anyone in the audience. 4992 IFDES Cele- bration & Bullfights Pers. Com. 3/12/84 A request from I.F.D.E.S. for permission to conduct their annual celebration May 6, 20 and 27, 1984, including bloodless bull- fights was noted. The Staff Report from the Police Department was noted. The Mayor asked if there was anyone present in the audience wishing to speak on the matter. Mr. Bill Burke, Administrator of the Humane Society of Santa Clara County, addressed the Council noting that on behalf of the Board of Directors of the Society, they are opposed to bloodless or other types of bullfights. He noted specific incidents in last year's bullfights sponsored by the I.F.D.E.S. in Gilroy. ~ I U Mr. Larry Kemp, Senior State Humane Officer, addressed the Coun- cil noting that if these bullfights are allowed, experienced animal handlers should be required. Mr. Al Pinheiro, Secretary of the I.F.D.,E.S. and Bullfight Com- mittee Chairman, addressed the Council further explaining the proposed religious celebration and noted his interpretation of the manner in which the last year's bullfights were conducted. The Mayor asked if there was anyone further in the audience wish- ing to speak on the matter. There was no further comment from anyone in the audience. Motion was made by Councilman Mussallem seconded by Councilman Kloecker and carried that the request of I.F.D.E.S. to conduct bull- fights on May 6 and 20 and the Annual Parade on May 47, 1984, be approved. The Mayor instructed the Police Department to work in conjunction with the Humane Society for these events. The following informational item was noted with no separate dis- cussion on same: Stan Lewis, Hoolister, regarding Falcon Cable TV. .... , ... The Report of the Personnel Commission Meeting of ~1arch 12, 1984, was noted. Lib. & Cult. Com. The Minutes of the Library ann Culture (OOlmission Meeting of February 2/14/84 14, 1984, were noted. Ivy Program Pub 1 i c Sa fety Impact Fees City Administrator Baksa reported on the progress of the City's Ivy Program in connection with the destruction of street trees. City Administrator Baksa reported on a seminar he recently attend- ed with the Police Chief. City Administrator Baksa noted the Department Head Retreat pro- posal for March 30, 1984. Discussion was had regarding the possibility of an informal meeting of the City Council and Staff Members. City Administrator Baksa presented a recommendation regarding Public Safety Impact Fees. ~ The Mayor asked if there was anyone in the audience wishing to speak on the matter. Mr. Paul Stewart, representing the Building In- dustry Association, addressed the Council noting that new development is willing to pay their fair share but that the fees proposed would also benefit existing facilities; that the proposed ordinance calculates to 10Q% facil iti es when one-half of the area is developed. He further sug- gested that one-half of the proposed fee for police and fire be applied. Discussion was had by Council on the matter. Motion was made by Councilwoman Albert seconded by Councilman Pate and carried by the follow- ing Roll Call Vote that $510.00 be approved for Fire Safety Fees. Ayes: Council Members: Albert, Kloecker~ Pate and Huqhan. Noes: Council Mem- bers: Gage, Mussallem and Valdez. i 1 ..., ...... 1.J Res. #84-21 Annexation Applic.Fees 4993 Motion was made by Councilman ~ate seconded by Councilman Gage and carried that $1,560.00 be approved for Police Safety Fees. Council Members Albert and Hughan voted IInoll on the moti on. . , The City Attorney was ,instructed to prepilre an ordinance for Council consideration to inc'iude thei lanning Staff recommendations outlined in the Planning Director's March 12, 1984, Memorandum, specifically, Items No.1 through 5. re: A resolution establishing ~nnexation application fees previously discussed at the February 21, 1984, Council Meeting was presented. Motion was made by Councilman Pate seconded by Councilman Gage that the reading of Resolution No. 84-21 be waived and that it be adopted. RESOLUTION NO. 84-21 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY FIXING FEES AND CHARGES FOR ANNEXATION APPLICATIONS. PASSED ANU ADOPTED thi.s 19th day of t.1arch, 1984, by the followinq vote: AYES: COUNCIL t.1HmERS:. ALBERT, GP,GE, KLOE.CKER, MUSSALLEM, PATE, VALDEZ and HUGHAN NOES: COUNCIL MEMRERS: NONE ABSENT: COUNCIL MEMBERS: NONE Falcon Cable TV The City Plttorney presented a resolution setting a Public Hearing Franchise date of April 2, 1984, to consider Falcon Cable TV's application for a franchise to operate in Gilroy. He noted that he has recommended the appli- cant to file a new application rather than extend the present franchise. t~otion was made by Councilwoman Albert seconded by Councilman Gage that the reading of Resolution No. 84-22 be waived and that it be adopted. - So. Valley Refuse Di sp. Agreemen t Street Imp. Policy,N.W. Quadrant fI/k'i~ i I ....., RESOLUTION NO. 84-22 RESOLUTION OF COUNCIL GIVING NOTICE OF APPLICATION FOR A FRANCHISE UNDER ARTICLE I II, CHAPTER 24 (COM~1UNITY ANTENNA TELEVISION SYSTEM). PASSED AND ADOPTED this 19th 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 City Admi ni strator Baksa presented a Twenty Year Agreement with South Valley Refuse Disposal recommending approval of same. Mr. Richard Luchetti, owner, addressed the Council and further ex- plained the agreement. He reported that his landfill operation is in com- pliance with County State, and Regional Board regulations. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that the Twenty Year Agreement be approved and executed as pre- sented, effective December 12, 1984. Planning Director Dorn presented and explained a report on Street Improvement Policy for the Northwest Quadrant and Interim Fees for same. Motion was made by Councilman Mussallem to set April 2, 1984, as a hearing on the proposed Interim Fees for the northwest quadrant. Motion died for lack of a second. Mr. Arnold Brunetti addressed the Council representing the Epp and Lerma properties, noting that he is opposed to the developers being re- quired to pay the entire cost of Santa Teresa Boulevard improvements since said street is a major carrier; that there should be reimbursable fees when the entire street is improved. Mr. Mike Sheehy, Ruth & Going, addressed the Council representing Arcadia and Citation Builders, noting the proposed interim fees would in- crease project costs for these developers $100,000.00 and that an area- wide fee would be more equitable. Mr. Wally Meads, Developer of the Epp prooerty, addressed the Council noting that he is willing to work with Staff to solve this problem and that 4994 E.Salinas Hearing Adjournment .. the costs should be spread on an area-wide basis. .. Mr. Tony Lerma, 9055 Morey Avenue, addressed the Council noti ng that the north,west quadrant shoul d di vi de the proposed fees on an equal basis at $668.00'per unit; that the $1,900.00 fee would be acceptable if the developers are reimbursed when the entire street is improved to balance out the cost to $668.00 per unit. Motion was made by Councilwoman Albert seconded by Councilman Kloecker and carried that April 2, 1984, be set as a Public Hearing date to consider Interim Fees for street improvements of the northwest quadrant. ' Planning Director Dorn noted that the Staff study for this matter would be limited to the ap~roved projects only in the northwest quadrant and various alternatives for interim fees would be provided to Council. The Mayor presented Council IS recommendation concerning the Elia Salinas Appeal Hearing noting concurrence with the City Administrator and Personnel Commission's decision to terminate Elia Salinas. Councilman Gage gave, an update on the Sewer Trea,tment Plant opera- tions. Councilman Kloecker noted the Citizens Sewer Advisory Committee Meeting scheduled for t1arch20, 1984, and reported that the ABAG 1984- 85 Budget was approved. Councilman Gage reported that the Garlic Festival Advisory Com- mittee will screen and select booth anplications for the annual festi- val. The Mayor noted the Gilroy-Morgan Hill City Council Study Session scheduled for Tuesday, March 20, 1984, at 7:00 p.m. in the Gilroy City Hall Chambers regarding the Third Party Contractor at the Sewer Treat- ment Pl ant. At 12:08 a.m., March 20, 1984, the Mayor adjourned the meeting. Respectfully sub~itted, /e51~~ie~~