Minutes 1986/03/17
5248
Roll Call
Intro. New
Employees
Emp. of Month
Awards
March 17, 1986
Reqular Meeting
Gilroy, California
Mayor Hughan led the Pledge of Allegiance to the Flag.
Present: Councilmembers: Sharon A. Albert, Donald F. Gage,
Paul V. Kloecker, Larry Mussallem, Daniel D. Palmerlee, Pete Valdez,
Jr. and Roberta H. Hughan. (8:00 p.m.)
The Mayor introduced Irma O'Connor and Manuel F. Teixeira,
Police Records Clerks.
The Mayor presented the Employee Award for the month of January
1986 to Ray Hansell, Police Officer.
The Mayor presented the Employee Award for the month of February
1986 to Jay Baksa, City Administrator.
Consent
Calendar
Minutes
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Ord. #86-5
Amend. to
Dev. Agree.
Filice Fan.
Estates
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Ord. #86-6 re:
Zone Ord.
Amendments
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Minutes
Baseball
Backstop &
Fence
Water & Storm
Imp. proj.
86-1
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Pub.Hear. re:
GPA-Victor
tIlarquez
5249
Motion was made bv Councilman Mussallem 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, Mussallem, Palmerlee, Valdez and Hughan.
Approved the :'1inute3 of the Regular Council i'1eeting of March 3,
1986;
Adopted Ordinance No. 86-5 approving the First Amendment to a
Government Code Section 6S36~ Development Agreement between the City of
Gilroy and Filice Fmnily Zstates relating to the deve10pment of Santa
Teresa Technology Park.
ORDINANCE NO. 86-5
1LN OPl)INANCE OF THE. CI':'Y. OF GILROiY APPPDVING AN AME:Dr--rr::~J':' TO A GOVERNMENT
CODE SECTION 65864: DETlELOPI'1ErJT 1',G::m~MSN':' BETt'I?FN Tns r:I'J'Y OF GILROY AND
FILICE FN1ILY ESTATES RELATING TO THE DEVELOPMENT OF SANTA TERESA TECH-
l~OLOGY PAP.K.
':PASSED AND ADOPTE!) this! 17th day of1-1arch, 1986, by the following vote:
AYES: COUNCIL:'1E~lBERS: ALEEP:I', GAGE, K::-..oEC!I'ER, V1USSAL!,:S!<1, PALMERLEE,
VALDEZ and HUGHAN
COUNCILMEMBERS: NONE
COUNCILj\1EMBE?S: HOHZ;
NOES:
ABSENT:
Adopted Ordinance No. 86-6 amending sections of the Zoning
Ordinance.
'ORDINANCE NO. 86-6
AN ORDINANCE. OF THE -CITY OF GILROY AMENDING SECTIONS 2-.20, 5.5, 11.30,
18.30, 22.30, 25.33, 31.62,' 31.64, 34.10, 37.5.5, 37.56 ANn 40.40 OF
THE ZONING ORDINANCE.
PASSED AND ADOPTED this 17th day of Barch, 1986, by the following vote:
AYES: COUNCILMEHBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, :?ALMERLEE,
'VALT)EZ and EUGEAN
!'TOES:
ABS31.JT:
COUNCILtffi~GERS: NONE
COUNCIL~\!lEI'1BERS: NONE;
Approved the Minutes of the Special Council Meeting of March 10,
1986.
city Administrator Baksa presented a recommendation to award the
bid of Central Fence Company, San Jose, in the amount of $8,500.00 for a
baseball backstop and fencing at South Valley Junior,High.
Motion was made bv Councilman Kloecker seconded by Councilman
Gage and carried that the bid of Central Fence Company in the amount of
$8,500.00 be awarded for a baseball backstoT? and fencing at South Valley
Jr. High, as recommended.
City Administrator Baksa presented a recommendation to award the
bid of Bilardi Construction, San Jose (second low bidder) in the amount
of $396,436.00 for the ~vater & S~orrn Improvement Proje8t 1986-1 noting
that the bid of Randazzo Enterprises was insufficient in regard to the
bid bond.
Mr. Don Luba, representing Operating Engiileers, Local 3, inquired
of the possibility of challenges frOM the low bidder and his ability to
provide the City with additional information if same should occur.
Motion was made by Councilman Gage seconded by Councilman Valdez
and carried that t~ebid oi Eilardi Construction, in the amount of
$395,436.00 be awarded ~or the \,1a-::er '" f'corm Improv,.~ment Project 1986-1
as recommended.
The Mayor stated that it was the time and place scheduled for a
continued Public Hearing to consiner a. General Plan Amendment request
of Victor Marquez from Indl1strial Park to Visitor Serving Commercial,
located north of Leavesley Road and east of San Ysidro Avenue on approxi-
mately 2 acres (GPA 85-6) .
5250
Pub. Hear. re:
School Im-
pact Fees
Res. #86-17
Pub.Hear. re:
Underground
Utility Dist.
No. 2
Res. #86-18
Pub.Hear. re:
Underground
utility Dist.
No. 3
Res. #86-19
Motion was made by Councilman Gage seconded by Councilman
Valdez and carried that the Public Hearing be;continued to the
April 7, 1986, regular Council Meeting as recommended, noting that
the Planning Commission would make their recommendation 'at their
April 3, 1986, meeting.
The Mayor stated that it was the time scheduled for a Public
Hearing to consider revising School Impaction Fees established Jan-
uary 20, 1986.
The Impact Fee Report dated Janu-ary 14, 1986, was noted and
further summarized by Gil'roy School District. Superintendent, K~neth
Noonan, noting the revised requested fee to be $2,7l2..72!unit :r;,ep-
resenting a $120.13 increase.
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The Mayor asked if there was anyone in the audience wishing to \
speak on the proposal. There was nQ.comrnent from anyone in the
audience. The Mayor closed the public hearing.
Motion was made by Councilwoman Albert ~econded by Councilman
Palmerlee, that the reading of Resolution No. 86-17 be waived and
that it be adopted approving the revised School lmpaction Fees as
requested.
RESOLUTION NO. 86-17
RESOLUTION
THE GILROY
FEES TO BE
PASSED AND
vote:
AYES:
OF THE COUNCIL OF THE CITY OF GILROY DECLARING SCHOOLS OF
UNIFIED SCHOOL DISTRICT TO BE IMPACTED AND DETERMINING
PAID.
ADOPTED this 17th day of March, 1986, by the following
NOES:
ABSENT:
COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE,
VALDEZ and HUGHAN
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
The Mayor stated that it was the time and place scheduled
for a Public Hearing of Intention to form Underground Utility
District No. 2 along that portion of Sixth Street between the west-
erly line of Eigleberry Street and the westerly line of Railroad
Alley.
IIIIIIIIt
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A letter from Mr. James V. Simoni in favor of said District
was noted.
The Mayor asked if there was anyone in the audience wiShing
to speak on the proposal. There was no comment from any6ne in the
audience. The Mayor closed the. public hearing.
Motion was made by Councilman Mussallem seconded by Council-
man Gage that the reading of Resolution No. 86-18 be waived and
that it be adopted forming said Underground utility District No.2.
RESOLUTION.. NO. 86-18
RESOLUTION OF THE CITY COUNCIL OF THE CITY
UNDERGROUND UTILITY DISTRICT NO.2.
PASSED AND ADOPTED this 17th day of March,
vote:
AYES:
OF GILROY ESTABLISHING
1986, by the following
COUNCILMEMBERS,:
ALBERT~' GAGE, KLOECKER, MUSSALLEM, PALMERLEE,
VALDEZ and HUGHAH
NONE
NONE
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NOES:
ABSENT:
COUNCILMEMBERS :
COUNCILMEMBERS:
II!;,;.,.
The Mayor stated that it was the time and place scheduled
for a Public Hearing of Intention to form Underground utility
District No. 3 along that portion of Wren Avenue between the southerly
line of Carla Way and the northerly line of Tract 3959.
The Mayor asked if there was anyone in. the audience wishing to
speak on the proposal. There was no comment from anyorie in the
audience. The Mayor closed the Public Hearing.
Motion was made by Councilman Gage seconded by Councilwoman
Albert that the reading of Resolution No. 86-19 be waived and that
5251
it be adopted forming said Underground utility District No.3.
RESOLUTION NO. 86-19
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING
UNDERGROUND UTILITY DISTRICT NO.3.
PASSED AND ADOPTED this 17th day of March, 1986, by the following vote:
AYES: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE,
VALDEZ an~ HUGHAN
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
NOES:
ABSENT:
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Non-Smoking
Ordinance
,
A letter from Mrs. RObles, requesting enactment of a non-smoking
ordinance for the workplace, was noted.
Council agreed to reagendize said matter for a April 1986 regular
meeting to allow Staff time to schedule a public hearing to determine
public input, if any, and if a Staff Report is needed following said
hearing.
Hazardous
Materials
Collection
A County of Santa Clara Household Hazardous Materials Collection
Program scheduled for Hay 10, :::'<)86, was noted and further explained by
Hazardous Materials Specialist, David Olds, coordinator for Gilroy's
participation and publicity for ScHnee
Motion was made by Councilman Gage seconcted by Cou~cilrnan Mussallem
and carried that Gilroy be authorized to participc>.te anC',. funding for
S,:lj':1e be from the hazardous rnate!:"ials fj_nes.
The following informatio~al itens were no~ed with no separate
discussion on Same:
City's reSDonse to County Referral at 9765 Monterey Highway,
southwest of Day Road;
~W:""
Planning Staff Actions, dated February 28, 1986; and
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Proclamations issued by Mayor Hughan: Selective Service System
Registration Awareness rl.onth- April, 1936; A~bor Day - April 5, 1986; and
Child Abuse Prevention Awareness Wekk, 4/7 -13/86.
Plan. Com.
3/6/86
The Report of the Planning Commission mee'cing of l-!c>xch 6, 1986,
was noted..
ROO illaendment- A letter from Cliff Johnson for an RDO Arnend~ent (RD 81-14) was
Cliff Johnson noted.
The Staff Report waS noted and further explained by Planning
Director Dorn.
The Mayor noted S!18 woulc. not enter into 'i:h~ discussion nor vote
upon the matter due to a conflict of interest.
Mr. Geary Coats, rep:r:esenting the applicant, addressed the Council
and further explained the proposal.
Motion was made bv Councilman Mussallem seconded by Councilman
Gage and carried that the RDO amendment to RO 81-14 be approved as
recommended. The Mayor did not vote on the matter.
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Downtown Action The Minutes of the Downtown Action Committee Meeting of February
Committee 19, 1986, were noted.
JPSA Com.
2/25/86
The Minutes of the Join'c: Powers Se~."er j'ldviso~y COIrl'littee Meeting
of February 25, 1986, were noted.
Lib. & Cult. Com. The Minutes of the Lihrary and Culture Commission ~eeting of
2/11/86 February 11, 1986, were noted.
P & R Com.'
2/25/86
The I1inutes of the Parks and Recree.i:ion CO!IT(nission Heeting of
February 25, 1986, were noted.
5252
Co. Employee
Relations
Service
Res.#86-20
Cap. Imp.
Program
Computer
System
1986-87
Budget
Disaster
Council
The Minutes of the Senior Citizens' Advlsory Council Meeting
of January 20, 1986 and of the Gilroy Golf Course Advisory Board
Meeting of February 11, 1986, were noted.
City Administrator Baksa presented a recommendation to approve
an amendment to Santa Clara County Employee Relations Service (ERS)
Joint Powers Agreement.' .
Motion was made by Councllman Gage seconded by Councilwoman
Albert and carried that the amendment to the Employee Relations
Service JPA be approved as presented. .
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City Administrator Baksa presented a recommendation to author-
izing filing of an application with the California Energy Commission
for Energy Audits as needed.
1\><;,'..d
t10tion was made by Councilman Gage seconded by Councilman Mus-
sallem that the reading of Resolution No. 86-20 be waived and that it
be adopted authorizing the filing of an application with the Cali-
fornia Energy Commission for Energy Audits as recommended.
RESOLUTION NO. 86-20
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AUTHORIZING SUBMITTAL
OF AN APPLICATION TO CALIFORNIA ENERGY COMMISSION'S ENERGY PARTNER-
SHIP PROGRAM.
PASSED AND ADOPTED this 17th day of March, 1986, by the following vote:
AYES: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE,
VALDEZ and HUGHAN
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
NOES:
ABSENT:
City Administrator' Baksa'noted that theCap'ital Improvement
. : I. .-...J. -:,
Program would be presented to Council for approval at the 'April 7,
1986, regular Council Meeting to allow additional study of Parks and
Recreation priorities.
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city Administrator Baksa gave an update of the City's Computer
Systems.
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City Administrator Baksa distributed data regarding prioL years
budget allocations to various organizational groups.
City Administrator Baksa thanked the employees for their ~elec-
tion of the Employee of the Month of February 1986 and expressed his
gratitude for same.
The Mayor noted that Councilmembers' photographs are scheduled
for the April 7, 1986, Council Meeting.
The Mayor recommended the ~ppointment of Mr. Skip Kover, Johnson
Way, as 'apublic member of the' Disaster Councl1.
" ~ , ~ I .) ,: j i
Motion was made by Councilman Kloecker seconded by Councilman
Gage and carried that Mr. Skip Kover, Joh!lson ~ay, be appointed as a
public member on the Disaster Council as recommended.
The Mayor thanked Councilmernbers for participating in the Big
Brothers/Big Sister Bowlathon.
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The Mayor noted that 100 letters were forwarded to citizens
in the community that assisted during the flood crisis and City
Administrator's letters to the eMployees. She presented City Adminis-
trator Bakss with a letter thanking him for his leadership during the
flood.
Councilman Palmerlee noted the Planning Commission's request
for a Joint Planning Commission/Council Study Session. Staff noted
they would schedule same.
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City Trees re:
Ivy Problem
Adjournment
5253
Councilman Gage requested activating the "Ivy in City Trees"
Program.
Councilman Mussallem noted that the Gilroy Historical Museum Task
Force has requested a Councilmember to represent the Council. He noted
that they meet one Saturday each month and that he would not be able to
participate requesting another member to volunteer for same.
Councilman Gage noted he had tickets for the Ed Zschau Fund
Raiser if any Councilmembers wished to attend on April 13, 1986.
Ms. Jennifer Kirby addressed the Council inquirinq about the
Disaster Council's time schedule expected to be available at this Council
Meeting. The Mayor requested that she contact her for said information.
At 9:05 p.m., the Mayor adjourned the meeting.
Respectfully submitted,
~~~d? ~I
~ty Clerk