Minutes 1986/04/21
5266
Roll Call
Intro. New
Employee
Emp. Award
Consent
Calendar
Minutes
Ord. 1186-7
April 21, 1986
Gilroy, California
Mayor Hughan led the Pledge of Allegiance to the Flag.
Present: Councilmembers: Sharon A. Albert, Donald F.
Gage, Paul V. Kloecker, Daniel D. Palmerlee, Pete Valdez, Jr.
and Roberta H. Hughan (8:02 p.m.). Absent: Councilmember:
Larry Mussallem.
The Mayor introduced new employee, Richard Bryde,
Groundskeeper I.
The Mayor presented Rick Brandini, Urban Forester,
with the Employee of the Month Award for March 1986.
Motion was made by Councilman Gage seconded by
Councilman Kloecker that the following items under the Consent
Calendar be approved by the following Roll Call Vote: Ayes:
Councilmembers: Albert, Gage, Kloecker, Palmerlee, Valdez and
Hughan:
Approved the Minutes of the Regular Council Meeting of
April 7, 1986;
Adopted Ordinance No. 86-7 amending Sections 22.30,
35.23 and 51.15 of the Zoning Ordinance pertaining to the
Industrial Use Table, Dish Antennas and Abandonment of
Projects.
ORDINANCE NO. 86-7
AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTIONS 22.30,
35.23 and 51.15 OF THE ZONING ORDINANCE.
PASSED AND ADOPTED this 21st day of April, 1986, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEHBERS: ALBERT, GAGE,
and HUGHAN
COUNCILMEMBERS: NONE
COUNCILMEMBER: MUSSALLEM
KLOECKER, PALMERLEE, VALDEZ
Minutes
Tr. 117637
Deer Park
Bids re:
Pumpers
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..
Bids re:
Trucks
Pub. Hear. re:
Nc>n-~/'Y\tSf; ins
brei.
1lfll!'Ii"''1l
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Contd. Pub.
Hear. re:
GPA-Gilroy
Foodst et al
5267
Approved the Minutes of the Joint Gilroy/Morgan Hill
Special Meeting of April 8t 1986; and
Accepted improvements for Tract 7637t Deer parkt as
recommended.
City Administrator Baksa presented a recommendation
to award a bid from Paramount Equipment Salest Sylmart in the
amount of $301t378.34 for two (2) GPM combination pumpers.
Motion was made by Councilwoman Albert seconded by
Councilman Gage and carried that the bid of Paramount Equipment
Salest Sylmart be awarded in the amount of $301t378.34 for two
GPM combination pumpers as recommended.
City Administrator Baksa presented a recommendation
to award a bid from Gilroy Motor Company in the amount of
$38t838.46 for two (2) diesel pickup trucks and one cab and
chassis.
Motion was made by Councilman Gage seconded by
Councilman Kloecker and carried that the bid of Gilroy Motor
Company be awarded in the amount of $38t838.46 for two diesel
pickup trucks and one cab and chassis as recommended.
The Mayor stated that it was the time and place
scheduled to consider enactment of a Non-Smoking Ordinance for
the workplace.
The letter from Mrs. Robles requesting same was noted.
The Mayor asked if there was anyone in the audience
wishing to speak on the matter.
The following addressed the Council requesting enact-
ment of a non-smoking ordinance for the workplace:
Terry Kalpint 5405 Nicole Way; Susan Olivierat 785
Nicole Court; and Bill Perkinst 1260 Hersman.
Ms. Margo Leatherst Director of Program for the
American Lung Association of San Benito and Santa Clara
Countiest addressed the Council representing a Coalition of
Health Agencies in Santa Clara CountYt American Lung
Associationt American Cancer Society, American Heart
Association and American's for Non-Smokers Rights notng that
they support legislation that will protect non-smokers rights.
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. The Mayor closed the Public
Hearing.
Discussion was had by Council on the matter. Council
requested Staff prepare a report for Council. City
Administrator Baksa noted that said report would not be
available until early in July 1986t because of the Staff's
workload. Council agreed that a Study Session would be in
order to study various ordinances of other citiest etc. when
the Staff Report is prepared.
Ms. Margo Leathers addressed the Council noting that
they could provide assistance to work with Staff.
The Mayor stated that it was the time and place
scheduled for a Continued Public Hearing to consider a
General Plan Amendment for inclusion in the 20 Year Area to
General Industrial on property located south of Pacheco Pass
Highway (Rte. 152) and east of Highway 101 on approximately
286.3 acres, Gilroy Foods t Inc. ;'~len Loma Corp. t and Norton
Farmst applicants (GPA 85-4) .
5268
The Staff Report distributed with the 4-7-86 Council
Agenda was noted and further summarized by Associate Planner
Myer.
Letters from Gentry Foods Corp. and Gilroy Foods, Inc.
were noted.
The Mayor asked if there was anyone present in the
audience wishing to speak on the matter.
Mr. John Filice, Jr., representing Norton Farms and
Glen Loma, addressed the Council concurring with the Planning
Commission's action excepting the 20 Year Area, and recommended
that said line be even with the Gilroy Foods parcel which is a
triangular piece that is approximately 60% of the northern
portion of the property. He further noted that 1/3 of the
Norton Farms property would be agreeable plus the 25 acres of
Gilroy Foods for inclusion in the 20 Year Area.
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Mr. Jim Stein, representing Gentry Foods Corp.,
addressed the Council noting that the critical issue is the
road and requested that same be removed from the EIR and if a
road is proposed through their property it would be a threat.
Mayor Hughan noted that this hearing is for inclusion
of property in the 20 Year Area of the General Plan and not a
zoning issue.
Councilman Palmer lee inquired if Gilroy Foods could
develop their 25 acres without the Circulation Element approved
and without other roads.
Mr. Workman addressed the Council noting that they
could develop and access off Highway 152 but desire their 25
acres in the 20 Year Area of the General Plan.
Associate Planner Myer noted that the original Staff
recommendation was to include all of the area in the General
Plan Area but not to include any of it at this time in the 20
Year Area because there is already sufficient land designated
in the 20 Year Area; and the Planning Commission modified said
recommendation to include the upper one-third, because of the
contiguous development, expansion of existing facilities.
...
.......
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. The Mayor closed the Public
Hearing. Discussion was had by Council on the matter.
Councilman Palmerlee recommended that all the parties
be required to contribute to future traffic improvements
including but limited to traffic studies, signalization and
road improvements deemed necessary by the City.
Motion was made by Councilman Palmerlee seconded by
Councilman Kloecker and carried that the EIR be approved with
an additional mitigation measure requiring all parties to
contribute to future traffic improvements including but not
limited to traffic studies, signalization and road improvements
deemed necessary by the City. The Mayor noted that the road
alignments as shown in the EIR are not binding and are just
proposed and are only alternatives.
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Motion was made by Councilman Palmerlee seconded by
Councilwoman Albert and failed by the following Roll Call Vote __
that the 286.3 acres be included in the General Plan designated
Industrial with Gilroy Foods 25 acres designated in the 20 Year
Area: Ayes: Councilmembers: Albert and Palmerlee. Noes:
Councilmembers: Gage, Kloecker, Valdez and Hughan. Absent:
Councilman Mussallem.
Res.I/86-22
(Rescinded)
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GPA Housing
Element
Update
Res. 1186-22
~4
EIR re:Long-
term Waste-
water Plan
Res. 1/86-23
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M.Bonfante
Water Servo
5269
Motion was made by Councilman Gage seconded by
Councilman Kloecker and carried by the following Roll Call Vote
that Gilroy Foods 25 acres plus 1/3 of the 260 acres be
included in the 20 Year Area of the General Plan. Ayes:
Councilmembers: Gage, Kloecker, Valdez and Hughan. Noes:
Councilmembers: Albert and Palmerlee. Absent: Councilmember:
Mussallem.
Motion was made by Councilman Gage seconded by Coun-
cilman Kloecker and carried that Resolution No. 86-22
encompassing the above General Plan Amendment decision plus the
three General Plan Amendment informal actions taken at the
April 7, 1986, regular meeting be adopted.
Motion was made by Councilman Gage seconded by
Councilman Kloecker that the Resolution No. 86-22 be rescinded
by the following Roll Call Vote in order to include the Housing
Element Update in said resolution. Ayes: Councilmembers:
Albert, Gage, Kloecker, Palmerlee, Valdez and Hughan. Absent:
Councilmember: Mussallem.
Motion was made by Councilman Gage seconded by
Councilman Kloecker and carried that the General Plan
Amendment request for the Housing Element Update initiated by
the City be approved based on the changes discussed at the
Study Session prior to the regular meeting.
Motion was made by Councilman Gage seconded by
Councilman Kloecker that the reading of Resolution No. 86-22 be
waived and that it be adopted approving the General Plan
Amendment requests of Victor Marquez; City of Gilroy (General
Industrial to General Services); Housing Element Update as
modified, and Gilroy Foods, et aI, as acted upon at this
meeting.
RESOLUTION NO. 86-22
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING
AMENDMENTS TO THE GENERAL PLAN FOR THE CITY OF GILROY.
PASSED AND ADOPTED this 21st day of April, 1986, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
ALBERT, GAGE, KLOECKER,
VALDEZ and HUGHAN
NONE
MUSSALLEM
PALMERLEE,
A resolution certifying the final Environmental
Impact Report for the Long-term Wastewater Management Plan
of the Cities of Gilroy and Morgan Hill formalizing Council
motion of April 8, 1986 was presented for adoption.
Motion was made by Councilman Gage seconded by
Councilman Kloecker that the reading of Resolution No. 86-23 be
waived and that it be adopted.
RESOLUTION NO. 86-23
RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF GILROY CERTIFYING
THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE LONG-TERM
WASTEWATER MANAGEMENT PLAN OF THE CITIES OF GILROY AND MORGAN
HILL.
PASSED AND ADOPTED this 21st day of April, 1986, by the
following vote:
AYES: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, PALMERLEE,
VALDEZ and HUGHAN
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 from anyone in the audience.
A letter from Michael Bonfante was noted, requesting
a water connection for fire protection at Tree Haven Nursery
explained by City Administrator Baksa.
5270
Villa Santa
Teresa Proj.
JPSA Com.
3-25-86
Pers. Com.
4-14-86
Lib. & Cult.
Com.3-11-86
Long-term
Wastewater
Plan
Qtr. Reports
Budget
Res. 1186-10
Compo Fee
Schedule
City of MH
Sewer Servo
Mr. Leo Tirada, representing the applicant, addressed
the Council further explaining the proposal.
Motion was made by Councilman Gage seconded by
Councilman Valdez and carried that Michael Bonfante be granted
a water connection for fire protection at Tree Haven Nursery
subject to the City inspection that same is not being used for
domestic purposes.
A letter requesting an additional sewer hook-up for
Villa Santa Teresa Project was noted and further explained by
City Administrator Baksa recommending approval of same.
Motion was made by Councilman Kloecker seconded by
Councilman Gage and carried that an additional sewer hook-up be
granted Villa Santa Teresa Project as recommended, noting that
74 sewer allocations are now allocated for this project.
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The following informational items were noted with no
separate discussion same:
proclamations issued by Mayor Hughan: Day of the
Teacher - May 14, 1986; and Child Safety Day - April 12, 1986;
IFDES Annual Celebration and Parade - May 4, 1986; and
Proposition 46 information.
The Minutes of the Joint Powers Sewer Advisory
Committee Meeting of March 25, 1986, were noted.
The Report of the Personnel Commission Meeting of
April 14, 1986, was noted.
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The Minutes of the Library and Culture Commission
Meeting of March 11, 1986, were noted.
City Administrator Baksa presented a letter from
counsel suggesting procedures at the Joint Gilroy/Morgan Hill
Special Meeting and Public Hearing scheduled for April 22,
1986.
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.....
City Administrator Baksa distributed copies of the first
Quarterly Reports for 1986.
City Administrator Baksa noted a timetable regarding
the 1986-87 City Budget process and requested Council propose
fund allocation for non-profit service organizations.
Discussion was had on the matter. Council concurred
that $15,000.00 be proposed in the 1986-87 preliminary budget
for non-profit service organizations.
City Administrator Baksa noted two miscellaneous
water fees omitted from the Comprehensive Fee Schedule reso-
lution but included in the schedule as submitted to Council.
Motion was made by Councilman Gage seconded by
Councilman Kloecker and carried that Staff be directed to
correct Resolution No. 86-10 to include the two miscella-
neous water fees omitted from the resolution.
City Administrator Baksa presented a letter from the
City of Morgan Hill requesting to allow them to extend sewer
service to a proposed 36 lot county subdivision.
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.....
Motion was made by Councilman Kloecker seconded by
Councilwoman Albert and carried that the letter be referred to
the Joint Powers Sewer Advisory Committee for a recommen-
dation to Council.
Lorna Prieta
Resource
Cons.Dist.
Res. /186-24
Prop. 43
Hosp. Circ.
Sewer
Allocations
Wash.D.C.
Adjourn-
ment
"
5271
City Administrator Baksa presented a letter from Lorna
Prfeta Resource Cons~rvation District regarding the Federal
Government's thrust to delete funding for watershed protection
projects nationwide.
Council requested that the Lorna Prieta Resource
Conservation District be notified that they would meet with
them on the matter.
City Administrator Baksa presented a resolution in sup-
port of Proposition 43.
Motion was made by Councilman Gage seconded by
Councilman Kloecker that the reading of Resolution No. 86-24 be
waived and that it be adopted in support of Proposition 43.
RESOLUTION NO. 86-24
RESOLUTION SUPPORTING PROPOSITION 43 WHICH PLACES BEFORE THE
VOTERS OF CALIFORNIA JUNE 3, 1986, A BOND MEASURE TO PROVIDE
FUNDING FOR PARKS AND RECREATIONAL, DEVELOPMENT, RESTORATION,
LAND ACQUISITION AND OTHER RELATED PURPOSES.
PASSED AND ADOPTED this 21st day of April, 1986, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
ALBERT, GAGE, KLOECKER,
VALDEZ and HUGHAN
NONE
MUSSALLEM
P ALMERLEE ,
City Administrator Baksa distributed copies of the
Hospital Circulation Plan prepared by the City.
Councilman Palmerlee inquired of additional street
lighting from Leavesley Road to the project noting that the
plan only indicates lighting adjacent to the hospital. City
Administrator Baksa noted that he would investigate same.
City Administrator Baksa noted the May 1, 1986, sewer
deadline and the possibility of extension requests before
Council at their May 5, 1986, regular meeting.
The Mayor distributed a chronology of activities of her
trip to Washington D.C., April 14-17, 1986.
At 10:05 p.m., the Mayor adjourned the meeting to
April 22, 1986, at 7:30 p.m. for a Joint Special Gilroy/Morgan
Hill Meeting and Public Hearing re: the adoption of a long-term
Wastewater Management Plan.
Respectfully submitted,
4~~.~
City Clerk