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Minutes 1984/10/15 I Roll Call Intro. New Employee Employee of the Month Certificates of Awards- Eagle Scouts Consent Calendar Minutes '" 5069 October IS, 1974 Gilroy, California Mayor Hughan led the Plede of Allegiance to the Flag. The Regular Meetinl} of the Gilroy City Council was called to order by Her Honor Roberta H. Huqhan at 8:05 p.m. Present: Council Members: Sharon A. Albert, Donald F. Gage, Paul V. Kloecker, Larry Mussallem, John E. Pate, Pete Valdez, Jr., and Roberta H. Hughan. The Mayor introduced new emplovee, Ilse Dolhus, Hazardous Materials Specialist. The Mayor noted that Robert Elia was presented the Employee of the Honth Award for SepteL1ber at the recent city Barbecue on October 13, 1984. The Mayor presented Certi ficab;s of A',l2.rd to the followinl} for :cag:'..e Scout Service proj ect<-;: Al;:m 3anks, S!1mm L::mce, Stephen W. YOUIlI}, Crai<J Porter, and Charlie SrrQrthwaite. Motion was made by C--:ouncilman Gaqe seconded by Councilman Kloecker 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 Hughan: Approved the Minutes of the Regular Council Meetinq of October I, 1984; MOU's-Bargaining Approved the Tatified Memorandums of Understandinq (MOU's) for units Bargaining units as presented. 5070 Bids re: Gavilan Sports Com- the plex & for Fertilizer Pub.Hear. re: GPA Gilroy Foods Pub.Appeal Hearing,GPA- Panchal & Patel City Administrator B.~ksa presented a ~ecommendation to award bid of Interstate Fence Company in the .arqount; of $1l,567.00 a baseball backstop and fencing for Gavilan Sports Complex. Motion was made by Councilman Mussallem seconded by Council- man Valdez and carried that ,the bid-of Interstate Fence Company in the amount of $11,567.00 be awarded for a baseball backstop and fencing for Gavilan Sports Complex as recommended. City Administrator Baksa presented a recommendation to award the bid of Moyer Chemical Co. in the amount of $9,955.62 for the annual fertilizer order. '"". Motion was made by Councilman Mussallem seconded by Council- man Gage and carried that the bid of Moyer Chemical Company in the amount of $9,955.62 be awarded for the City's annual fertilizer order as recommended. - city Administrator Baksa presented a recommendation to award the bid of Rain for Rent, Inc. in the amount of $5,758.70 for irrigation materials for the Gavilan Sports Complex. Motion was made by ~ouncilman Gage seconded by Councilman Mussallem and carried that the bid of Rain for Rent, Inc. in the amount of $5,758.70 be awarded -for irrigation mate'rials for Gavilan Sports Complex as recommended. The Mayor stated that it was the time and place scheduled for the Public Hearing to consider a ~eneral Plan Amendment request from Open Space to General Industrial on approximately 3.793 acres located at 1590 Pacheco Pass Highway, east of the- South' Valley Freeway, Gilroy Foods, Inc., applicant. Councilman Pate noted that he would not take part in the dis- cussion nor action on this matter due to a conflict of interest in said property. C-'ltlf! The Staff Report was noted and further explained by Planning Director Dorn. The Mayor asked if there was anyone present in the audience wishing to speak on the matter. - Mr. Bill Workman, representing Gilroy Foods, addressed the Council noting his presence to answer questions on the request. The Mayor asked if there wishing to speak on the mattei. in the audience. was anyone further in the audience There was no comment from anyone Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that the Public Hearing be closed. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that the Negative Declaration and General Plan Amendment be approved as recommended. The Mayor further explained Council action for the benefit of the High School students present in the audience. The Mayor stated that it was the time and place scheduled for the Public Appeal Hearing to consider a General Plan Amendment re- quest from Low Density Residential to General Services Commercial on approximately 1.45 acres located at 9095 Monterey Street, south of Las Animas Avenue, A. J. panchal and N. Patel, applicants. The Staff Report was noted and further explained by Planning Director Dorn, also noting the Planning Commission's denial of this application on October 4, 1984, followed by an appeal of the appli- cants. The Mayor asked if there was anyone in the audience wishing to speak on the matter. Mr. Bill Gissler, representing the applicants (Hanna, Bur- netti & Gissler) addressed the Council further explaining the pro- posal. - .... -- - Pub.Hear. re: GPA-Over- land Enter- prises - -- 5071 Mr. A. J. panchal and Hr. N. Patel, applicants, further explained their proposal. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. Mr. David Buck, 62 W. Las Animas Avenue, addressed the Council noting no opposition to the motel but opposed to two-story buildings. Mr. Edward Jackson, 9010 Freeman Court, addressed the Council noting concern that a motel may not be constructed. He further noted that he had no objection to a motel at that location with conditions that a motel will, in fact, be built or the property would revert back to RI zoning; that the proposed fence be a seven (7) foot masonry fence; that the building be one-story and that the existing trees on the property be maintained. Mrs. Sharon Weldon, 9020 Freemon Court, addressed the Council re- questing that the property remain RI and that the existing motel be up- graded. The City Attorney noted that the present use on the property was non-conforming and that the only improvements allowed would be to conform to code. Mr. Jeff Weldon, 9020 Freeman Court, addressed the Council re- questing that a fence be erected across Honterey Road access to the property. The Mayor asked if there was anyone further in the audience wishing to speak. Mr. Bill Gissler addressed the Council further explaining the proposal and spoke to the concerns of the adjacent property owners. Motion was made by Councilman Mussallem seconded by Councilman Gage and carried that the Public Hearing be closed. Discussion was had by Council on the matter. Motion was made by Councilman Kloecker seconded by Councilwoman Albert and carried that the General Plan Amendment request of panchal and Patel be denied by the following Roll Call Vote: Ayes: Council Members: Albert, Kloecker, Pate, Valdez and Hughan. Noes: Council Members Gage and Mussallem. The Mayor further explained Council action for the benefit of the High School government students present in the audience. The Mayor stated that it was the time and place scheduled for the Public Hearing to consider a General Plan Amendment request from General ,Services Commercial to Medium Density Residential, on approximately 1.6 acres located on Kelton Drive, north of First Street, Overland Enterprises, applicant. 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 matter. Mr. Scott Lefaver, representing the applicant, addressed the Council noting his presence to answer questions on the matter. The Mayor asked if there was anyone further in the audience wishing to speak. Mr. Ed Putman, adjacent property owner, 1272 Swaner, addressed the Council inquiring how far the zoning would extend west of Kelton. It was noted by Staff that same would extend 226 feet west of Kelton. Mr. Putman inquired as to what uses are presently permitted for the property. Planning Director Dorn noted that present permitted uses were shopping center, commercial uses, service stations; that medium density residential would allow condominiums and apartments. Mr. Putman noted no objection to the proposal. 5072 Pub. Hear. re: GPA-Obata Property Res. #84-69 Mini-Hospital' Facility- Azhar UI Haq 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 Gage seconded by Councilman Pate and carried that the Public Hearing be closed. Motion was made by Councilman Pate seconded by Councilman Mussallem and carried that the Negative Declaration and General Plan Amendment be approved as recommended. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a General Plan Amendment request from Open Space to Park/Public Facility on approximately 130 acres, located south of Souths ide Drive and east of the Southern Pacific Railroad, city of Gilroy, applicant. -- .".... 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. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that the Public Hearing be closed. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that the General Plan Amendment be approved as recommended. Motion was made by Councilman Gage seconded by Councilman Kloecker that the reading of Resolution No. 84-69 be waived and that it be adopted approving General Plan Amendments, specifically, Gilroy Foods, Inc., GPA 84-3; Overland Enterprises, GPA 84-5; and city of Gilroy, GPA 84-6. RESOLUTION NO. 84-69 - RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING AMEND- MENTS TO THE GENERAL PLAN FOR THE CITY OF GILROY. PASSED AND ADOPTED this 15th day of OctOber, 1984, by the following vote: AYES: ..,,'.... COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, VAL- DEZ and HUGHAN NONE PATE NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBER: The Mayor asked if there was anyone in the audience wishing to speak on any matter not on the agenda. Mr. Azhar Ul Haq,Chairmari of Agrigenetics and Medical Sys- tems Group,~ addressed the Council requesting approval of a Mini- Hospital Facility proposed to be located in the City of Gilroy. It was noted that if the property proposed for the facility were located within the proper zone that allows this type of facility, the City Council would not be required to take action on same. School Impaction A letter from Gilroy Unified School District was noted re- questing declaration of school impaction. Motion was made by Councilwoman Albert seconded by Councilman Valdez and carried that a Public Hearing date of November 5, 1984, be set to determine if the City concurs in the School District findings per Ordinance No. 77-41. .... """M Chamber Christmas A request of the Gilroy Chamber of Commerce for assistance Decorations to place and remove Christmas decorations was noted. Motion was made by Councilman Pate seconded by Councilman Gage and carried that the city assist the Gilroy Chamber of Commerce in placing and removing Christmas decorations as requested. The following informational items were noted with no separate discussion on same: 5073 Planning Staff Actions, September 27, 1984; Invitation from VFW Post 6309 to Veterans' Day Ceremonies, November 11, 1984; Letter to City of San ,-rose responding to their upcoming General Plan Amendment involving CoyotP. Valley; and Santa Clara Valley Water District appointment of City representa- tives to the South Flood Control Zone Advisory committee. ",... Plan. Com. Report The Report of the PJa.nnin9 COf'lmission Heeting of October 4, 1984, 10/4/84 was noted. .... Jt. Powers Sewer The Minutes of the Joint Powers Sewer Advisory Committee Meeting Adv. Meeting of September 17, 1984, were noted. Lib. & Cult. Com. The Minutes of the Lihrary and CulturA Corunission Meeting of September II, 1984, were notp.d. Personnel Com. 10/8/84 The Report of the Personnel Cor:t."'J.ission Meeting of Octoher 8, 1984, was noted. city Administrator naksa explained the proposed ~rievance Pro- cedure concerning access to city facilities an~ programs by handicapped persons. Motion was nade by CDuncilwonanA.lhert secDnded by Councilman Pate and carried that the Grievance Procedure presented concerning access to city facilities and programs hy handi::::appecl persons be adopted as recommended. - Gilroy Foods, Inc. City Administrator Bakl'El. presented an invitation from Gilroy Foods, Inc. for presentation 0:: their cogeneration facility on October 22, 1984, at 10:45 a.m. in the lobhy for the tour and lunch at noon. The Mayor requested Councilmembers notify the City Clerk if they plan to attend. ..... City Administrator Baksa noted receipt 0-:' a report from the State Department of Forestry concerning PachAco ,f,urnrnit Conservation Camp, available for Councilmembers wishing to review same. A letter from the Gilroy Unified School District regarding the truck stop on Masten Avenue was noted and copies of same forwarded individually to each Councilmember~ City Administrator Baksa distributed the Third Quarterly Report to Council requesting that he be contacted if there are any questions regarding same. Sewer Morator- ium re:Bldg. Permits City Administrator Baksa presented a proposed sample of a waiver form regarding issuance of building permits. Discussion was had by Council. - Motion was made by Councilman Pate seco~ded by Councilman Kloecker and carried that building permits not be issued without a sewer alloca- tion and that the sample form for waiver regarding issuance of building permits not be used at this time; and that Staff begin to investigate study in terms of alternatives, etc., for a possible allocation system at the time the. sewer 'rating takes place. .... City Administrator Baksa noted that Staff has done this type of study; however, the sewer allocation competition system depends greatly on the amount of gallonage allowed by the Regional Water Quality Control Board and the City's rating for same. It was noted that any Staff background work in future allocation process be done. Speed Zones City Administrator Baksa presented a Draft Report on Speed Zones recommending that Council set a Study Session regarding same. 5074 Council set Monday, October 22, 1984', at 7: 30 p.m. for said Study Session. (Note: this meeting cancelled and changed to Octo- ber 29, 1984, at ?:30 p.m.) City Administrator Baksa noted the Golf Course Advisory Com- mittee Meeting with the Board of Directors of the Golf Course on October 16, 1984, at 7:30 p.m. at the Clubhouse. Proposition 41 Discussion was had regarding Council's position of Proposi- tion No. 41, Councilwoman Albert and Councilman Valdez further ex- plained same recommending opposition to proposition No. 41. Measure A Salaries-City Admin. &City Attorney ~ Motion was made by Councilwoman Albert seconded by Council- man Valdez and carried that the Council oppose Proposition No. 41 as recommended. ~ The Mayor requested that Measure "A" (~<: Sales Tax issue) be removed from the Council agenda. The Mayor requested Council take action in regard to salaries of the City Administrator and City Attorney recommending a 10% annual salary increase for the City Administrator with 7% of same towards the PERS contribution and 7% annual salary increase for the City Attorney to be towards the PERS contribution; both increases retroactive to July I, 1984. Motion w~s made by Councilman Pate seconded by Councilman Kloecker and carried that the City Administrator and City Attorney's salaries be increased retroactive to July I, 1984, as recommended by the Mayor. Jt. Powers Sewer Adv. Com. mi ttee review Councilman Gage noted the Joint Powers Sewer Advisory Com- Meeting scheduled for October 16, 1984, at 8:00 a.m. for of the design of the aeration ,system. ...... Trans. 2000 Committee So. Zone Adv. Committee Multiple Casualty Plan Adjournment Councilman Kloecker noted that the Transportation 200 Com~ mittee is searching for additional South County representation and that if Council knows of any local organizations or groups wishing to participate to advise him. Councilman Kloecker inquired of difference of population figures for the City noting that ABAG and the County do not agree upon same. Councilman Mussallem noted that the South Zone Advisory Com- mittee of the Santa Clara Valley Water District has not had any meetings since his reappointment as the City's representative. City Administrator Baksa presented and explained the Multiple Casualty Incident Plan of the County of Santa Clara and noted Staff recommendation on same that it be adopted. Motion was made by Councilman Gage seconded by Councilman Pate and carried that the Multiple Casualty Incident Plan be acoep- ted in concept as presented and that same be integrated into the City's Emergency Plan. IIII!III The Mayor noted Dedication Ceremonies of the new Federal Building, U. S. Courthouse, in San Jose at 10:00 a.m. If anyone is interested to contact her for a special seating card. >._'..... The Mayor noted the League of California Cities - Peninsula Division Meeting in Cupertino on October 15, 1984.Councilman Kloecker requested reservations for same. At 10:33 p.m., the Mayor adjourned the meeting to a Closed Session re: Personnel Matters. At 11:20 p.m., the Mayor reconvened the meeting and further adjourned. A