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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 - .. Bids re: Trucks Pub. Hear. re: Nc>n-~/'Y\tSf; ins brei. 1lfll!'Ii"''1l ~ - - 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. ...... - 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. - 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) ~ - GPA Housing Element Update Res. 1186-22 ~4 EIR re:Long- term Waste- water Plan Res. 1/86-23 --.. 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. .. ~ 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. - 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. .. ..... 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. .. ..... 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