Minutes 1984/04/02
Ro 11 Ca 11
Consent
Calendar
Minutes
Dev. Agree.-
Arcadia Dev.
Co.
Mi n utes
Bids re: Street
Tree Pruning
Bids re: Arbor-
Wheeler Ctr.
Pub.Hear. re:
RDO Limits
4995
Apri 1 2, 1984
Gilroy, California
t1ayor Hughan 1 ed the Pl edge of A 11 egi an ce to the Fl ag.
The Regular Meeting of the Gilroy City Council was called to order
by Her Honor Mayor Roberta H. Hughan at 8:00 p.m.
Present: Council Members: Sharon A. Albert, Donald F. Gaqe, Paul V.
Kloecker, Larry Mussallem, John E. Pate, Pete Valdez, Jr. and Roberta H.
Hughan.
Motion was made by Councilman Gage seconded by Councilman Valdez
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 Hu~han:
Approved the Minutes of the Regular Council Meeting of March 19, 1984;
Approved a Development Agreement with Arcadia Development Company
for Princevalle Townhouse, Tract #6257, Phase II; and
Approved the Minutes of the Special Council Meeting of March 23, 1984.
City Administrator Baksa reported on bids received for pruning of
city street trees, recommending award of same to Davey Tree Surgery Co~pany
for 272 hours at $73.50 per hour.
Motion was made by Councilman Mussallem seconded by Councilman Gage
and carried that t1e bid of Davey Tree Surgery Co. be awarded as recommended
for pruning of city street trees.
City Administrator Baksa reported on birls received for lumber for
the arbor project at Wheeler Community Center recommendinq award of same
to Gilroy Lumber Company in the amount of $12,935.94.
Motion was made by Councilman Gage seconded by Councilman Mussallem
and carried that the bid of Gilroy Lumber Company in the amount of $12,935.9t
be awarded for the arbor project at the Wheeler Community Center as recom-
mended.
The Mayor stated that it was the time and place scheduled for a
Public Hearing to establish numerical 1'jmits of dwelling units to be per-
mitted under the Residential Development Ordinance for 1985, 1986 and 1987.
Planning Director Dorn presented and explained the Staff Report.
The Mayor asked if there was anyone present in the audience wishing
to speak for or against the proposal. There was no comment from anyone in
the audience.
4996
Pub.Hear. re:
Interim Fees
N/W Quadrant
Carnival-
G il ro y
JC's
Hope Rehab.
Road Run
RESOLUTION NO. 84-24
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ACOPTING NUMERI-
CAL LIMITS FOR RESIDENTIAL DWELLING UNITS TO BE ISSUED BUILDING
PERMITS FOR EACH OF THE YEARS 1985, 1986 and 1987.
PASSED AND ADOPTED this 2nd day of April, 1984, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE,
VALDEZ and HUGHAN
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
~"'''''
The Mayor tabled the Public Hearing on application of Falcon ~
Cable T.V. for a franchise, requested by Mike Silacci, General Manager,
to await his presence.
The Mayor stated that it was the time and place scheduled for a
Public Hearing on proposed Interim Street Improvement Fees for the North-
west Quadrant.
Planning Director Dorn presented and explained the Staff Report.
The Mayor asked if there was anyone in the audience wishinq to
speak on the proposal.
Mr. John Dollar, property owner, addressed the Council request-
ing that the Interim Fees be established on a per unit basis; that he
disagrees with only frontage properties being required to pay the
entire cost of Santa Teresa Boulevard improvements.
The Mayor asked if there was anyone further in the audience
wishing to speak.
Mr. Ted Ringel, Silicon Valley Developer, addressed the Council
inquiring about the reimbursement process for overpaid interim fees
following the ultimate solution for the improvements.
The Mayor noted the letter from Ruth and Going regarding the
Hillview project on Day Road.
IIlIiIIIIl
I
I
.......
Discussion was had by Council on the matter. Motion was made by
Councilwoman Albert seconded by Councilman Kloecker that the reading of
Resolution No. 84-25 be waived and that it be adopted approving Appendix
A of the Staff Report as an interim method for fees to improve Santa
Teresa Boulevard; Appendix C Plan for street improvement funding, and
the reimbursement policy as recommended.
RESOLUTION NO. 84-25
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY FIXING INTERMIN STREET
IMPROVEMENT FEES AND CHARGES FOR IMPROVEMENT OF SANTA TERESA BOULEVARD
IN THE NORTHWEST ~UADRANT OF THE CITY.
PASSED AND ADOPTED this 2nd day of April, 1984, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE,
VALDEZ and HUGHAN
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
The Mayor asked if there was anyone present in the audience "~'''''''''
wishing to speak on any matter not on the agenda. There was no comment . I
from anyone in the audi ence. t.....'
Noted a request of Gilroy Jaycees/Gilroy High School to sponsor
a carnival April 26-29, 1984.
Noted a request of Hope Rehabilitation Services to sponsor the
Annual Gilroy Road Run.
Motion was made by Councilman Pate seconded by Councilwoman Al-
bert and carried that the Gilroy Jaycees/Gilroy High School and Hope
Rehabilitation Services requests be granted as presented.
~
lJ
Pl an. Com.
Report
3/22/84
P & R Com.
3/20/84
-
Res. #8,~-26 re:
Appeal of
Admin.
Deci s ions
",.....
tJ
Pub. Hear. re:
Fa 1 con Cable
TV Franchi se
4997
City Administrator Baksa noted that a Special Events Policy is
forthcoming for Council approval.
The following informational items were noted with no separate dis-
cussion on items 1 - 3;
Mayor's Proclamation re: Victims Rights Week and "April, Child Abuse
Prevention Month";
LAFCO clarification of boundary agreements and spheres of influence
in the San Martin area. It was noted that Council would be advised of the
Planning Director's negotiations with LAFCO.
County of Santa Clara Health Department re: Preventive Health
Servi ces to South County resi dents..
A letter from Greg Costa regarding Buses and Mantelli-Welburn was
noted. The Staff Report was further noted and explained by City Adminis-
trator Baksa.
Mr. Chris Cote, owner of Sierra Valley Bus Lines, addressed the
Council and noted that he is presently negotiatinq for suitable commercial
property to store his buses, requesting temporary approval for a business
in violation of the City ordinances; that the vehicles would continue to
be issued citations if in violation.
Mr. Greg Costa addressed the Council from the audience and because
he was not speaking into the microphone could not be made a part of the
recorrl and the Clerk was unable to hear what he said.
The Report of the Planning Commission Meeting of March 22, 1984,
was noted.
The Minutes of the Parks and Recreation Commission Meeting of March
20, 1984, were noted.
The Minutes of the Senior Citizens. Advisory Council r~eeting of
February 1984 were noted.
City Administrator Baksa pt"esented and expla.ined a resolution to
limit time for appeal of administrative decisions.
Motion was made by Councilman Pate seconded by Councilman Gage that
the reading of Resolution No. 84-26 be waived and that it be adopted.
RESOLUTION NO. 84-26
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY, MAKING APPLICABLE THE
PROVISIONS OF CODE OF CIVIL PROCEDURE SECTION 1094.6 PROVIDING FOR JUDICIAL
REVI[vJ OF ADMINISTRATIVE DECISIONS.
PASSED AND ADOPTED this 2nd day of April, 1984, by the following vote:
AYES: COUNC I L ~1EMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ
and HUGHAN
NOES: COUNCIL t1EMBERS:' NONE'
ABSENT: COUNCI L ~1EMBERS: NONE
The Mayor stated that it was the time and place scheduled for the
Public Hearing on an application of Falcon Cable TV for a franchise.
Mr. Mike Silacci, General Manager of Falcon Cable TV addressed the
Council and explained the proposed major improvements to the cable system
and the need for a new franchise to parallel their long term loan. He
further noted that it is not their intehtion to require an increase in the
Cable TV rates.
The Mayor asked if there was anyone in the audience wishing to
speak for or against the proposa].
Mr. Roy Engehausen, 780 Lisa Court, addressed the Council in regard
to alleged interference of Falcon Cable TV to radio communications in Gilroy
and noted his willingness to attempt to work out the problem with Falcon
Cable TV.
4998
Intro. Ord.
Re: Franch i se
Las Animas Pk.
Grant
Res. #84-27
Ci ty Aucti on
Staff
Retreat
Mrs. Ruth Bo, resident. addressed the Council and inquired if
l ", '.
other cable systems could operate in the City. It was noted that the
Cable TV franchise was non-exclusive and other companies could apply
for a franchise with the City.
, ,Mr. Alvin White, resident, ,addressed the Council requesting
Council to consider other cabl~ compaoies if such an application is
made.
Mr. Leon O'Dell, resident,
about the services to be provided
Council investigate what types of
of the residents.
Mr.
about lack
signatures
necessary.
addressed the Council and inquired
by Falcon Cable TV and requested that
programming is desired by the majority ~
U
Dave Dunworth, resident, addressed th'e Council concerned
of family programming and offered his services to obtain
from residents o'f Gilroy, San Martin and Hollister area if
Mr. David Runyan, representing ACT?, programming for American
Christian Television~ Inc., addressed the Council and noted his inten-
tion to meet with Falcon Cable TV offerlng ACTS services.
Mr. Mike Silacci addressed the Council and noted his intention
to meet with Mr. Engehausen to attempt to resolve his concerns.
Mr. Leon OIDell addressed the Council and inquired about a
recent application to FCC for low power, television and noted the local
Gavilan College proposal. Mr. Silacci res'pon&~dthat if same was de-
sired, it could be a part of the cable system.
The Mayor asked if there was anyone further in the audien~e wish-
ing to speak on the matter. There was no comment from anyone in the
audience..
Motion was made by Councilman Gage seconded by Councilman Mussal-.... '
lem and carried that the Public Hearing be closed. ~
Motion was made by Councilman Gage seconded by Councilman Pate'"
and carried that an ordinance be introduced, reading waived and Dublished
by title and summary granting a 15 year franchise to Falcon Cable TV.
The Mayor thanked the audience for their attendance and partici-
pation in this matter.
City Administrator Baksa presented a proposed resolution approv-
ing filing of an application for a grant for Las Animas Park Addition
Project.
Motion was made by Councilman Gage seconded by Councilman Valdez
that the reading of Resolution No. 84-27 be waived and that it be adopted.
RESOLUTION NO. 84-27
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING THE APPLI-
CATION FOR LAND AND WATER CONSERVATION FUNDS - LAS ANH1AS PARK ADDITION
PROJECT.
PASSED AND ADOPTED this 2nd (iay of April, 1984, by the following vote:
AYES: COUNCI Lt;1EMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE,
, ". VALDEZ and IfUGHAN" ,
NOES: COUNCIL M~,MBERS.: NONE D
ABSENT: COUNCIL MEMBERS: NONE I ...
City Administrator Baksa noted the City Auction scheduled for
April 14, 1984, at 10:00 a.m. at the City Yard. Councilman Valdez re-
quested a list of the items to be auctioned.
City Administrator Baksa noted the Staff/Dep~rtment Head Retreat
recently held in San Juan Bautista on March 30, 1984, and that same was
a success and will be periodically repeated. '
City Administrator Baksa explained new procedure consistent with
the City Charter to be applied for appeal of Administrative Decisions re-
garding Personnel. It was noted that this new procedure does not affect
Grievance Procedures.
Intro. Ord. re:
Pub. Safety
Fees
Adjournment
..
4999
: Motion was made by Councilman Gage seconded by Councilman Valdez
and carried that a proposed ordinance be introduced, the reading waived
and published by title and summary to allow for adoption of public safety
fees.
Councilman Valdez inquired if the Mello-Roos Public Safety Facilities
Act had been reviewed by Council and requested some pursuit and study with
analysis to Council.
Councilman Gage noted the Joint Powers Sewer Committee Meeting of
April 10, 1984, and gave a progress report of the Sewer Treatment Plant
operations.
Councilman Kloecker noted the April 3, 1984, Citizens' Advisory
Sewer Committee meeting at 7:30 p.m. He also reported on the membership
proposal for the Santa Clara County Transportation Commission.
The Mayor informed Councilwoman Albert that she volunteered her
'name for a committee to be formed to determine projects for monies raised
for Bicentennial expenditures.
Councilman Mussallem informed Council that the Joint Powers and
Citi zens Advi sory Committees recei ved copies of Gil roy/Morgan Hi 11 Waste-
water Alternatives Analysis Long-term Plan, prepared by Montgomery Engineers
in four chapters to date; and that same is available for other Council-
members in regard to the progress to date. Councilman Valdez indicated
that he would like copies of same.
Councilman Mussallem inquired of required procedure for a Council
Retreat. The City Attorney noted that if the press is informed there
would not be a problem. It was further noted that such a retreat/workshop
would have to be at a location convenient to the public.
Councilman Mussallem noted that the Santa Clara County Planning
Director addressed the Chamber of Commerce in regard to Economic Profiles
of the County. Planning Director Dorn noted that he would obtain copies
of this document for Council Members.
Councilman Gage requested an ordinance regarding abatement of ivy
on city street trees for enforcement purposes by the City if necessary.
City Administrator Baksa inquired of Council policy regarding re-
quests of non-profit organizations for allocation of City funds in the
1984-85 Budget. Council requested review of all requests at some time
prior to adoption of the budget.
At 10:48 p.m., the Mayor adjourned the meeting.
Respectfully submitted,
y1U4~f:.~