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Minutes 1987/11/16 5572 Posting Agenda Roll Call Intro.Emp. Emp.Awards Cert.Serv. Family Wk. Consent Calendar Minutes Improvements Bids re: Museum Gen.Elec. 11-3-87 Res.87-77 Regular Meeting November 16, 1987 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. The City Clerk reported that the Agenda had been posted on November 12, 1987 at 9:25 a.m. Present: Councilmembers: Sharon A. Albert, Donald F. Gage, Larry Mussallem, Paul V. Kloecker, Daniel D. Palmerlee, Pete Valdez, Jr. and Roberta Hughan - 8:04 p.m. J.....-...'." . ... ..., The Mayor introduced new employee: Frank Rainone, Building Inspector. The Mayor presented Employee of the Month Awards for October, 1987 to Andy Holiday, Fire Engineer"and Morris McHenry, Fire Captain, who further explained the Department's Fire Prevention Program presented to all of the local schools. The Mayor noted a Certificate of Service prepared for Retired Library and Culture Commissioner, Debra Nelson, not present in the audience. The Mayor presented a Certificate of Service to Retired Planning Commissioner, Leonard A. Hale. The Mayor presented a Proclamation proclaiming "Family Week" November 22-18, 1987 to Ms. Kim Cantrell. Heard from the Bishop of the Church of Jesus Christ of Latter Day Saints in regard to Family Week and a Book on Family Home Evening Resource was distributed to each Councilmember. 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, Mussallem, Palmerlee, Valdez and Hughan. ~ ...... Approved the Minutes of the Regular Council Meeting of November 2, 1987; Accepted the following Improvements as recommended: Mark & Deborah Davis, 8465 Taryn Lane; Carlson Office Bulding; and Northwest Quad Sewer Main Trunk. City Administrator Baksa presented a recommendation to award the bid of F. Oliveira Construction, Salinas, in the amount of $32,606.00 for the Museum Basement Wall Waterproofing and Drain Improvements. Motion was made by Councilman Gage seconded by Councilman Valdez and carried that the bid of F. Oliveira Construction, Salinas, in the amount of $32,606.00 be awarded for the Museum Basement Wall Waterproofing nd Drain Improvements as recommended. The Mayor noted the Registrar of Voter's Official Canvass for the November 3, 1987 General Municipal Election. Motion was made by Councilwoman Albert seconded by Councilman Valdez that the reading of Resolutin No. 87-77 be waived and that it be adopted. ~ ......, RESOLUTION NO. 87 - 77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AND ADOPTING THE REGISTRAR OF VOTERS' CANVASS OF THE GENERAL MUNICIPAL ELECTION AND DECLARING RESULT OF SUCH ELECTION HELD IN THE CITY OF GILROY ON NOVEMBER 3, 1987. RESOLVED, by the City Council of the City of Gilroy, California that; WHEREAS, by order of this Council a general municipal election was held and conducted in the City of Gilroy and consolidated with the General District Election, on Tuesday, 3rd day of November, 1987 as required by law and the Charter said City as amended; 5573 the of "... WHEREAS, it appears that notice of said general election was duly and legally given' voting precincts were properly established; election officers were appointed and election supplies furnished; and in all respects the election was held and conducted and the votes cast thereat received and canvassed, and the returns thereof made, determined and declared in time, form and manner as required by the Charter of said City as amended and the general laws of the State providing for and regulating municipal elections in said City; .... WHEREAS, the Registrar of Voters did conduct the canvass of the returns of said municipal election and did count the absentee ballots cast thereat, pursuant to direction and order of the City Council of said City: and WHEREAS, said canvass was duly completed and the results thereof were certified by the Registrar of Voters and submitted to this Council. NOW, THEREFORE, IT IS HEREBY RESOLVED AND ORDERED, as follows: 1. Said municipal election was held and conducted in the City of Gilroy, County of Santa Clara, State of California and consolidated with the General District Election held throughout Santa Clara County on Tuesday, November 3, 1987 in the time and in the form and manner as required by law. -- 2. That there were established ten (10) voting precincts for the purpose of holding said municipal election consisting of either regular election precincts established for holding state or county elections, or a consolidation of some or all of such precincts, as follows: ~ CONSOLIDATED PRECINCT NO. 3951, comprlslng state and county precincts designated Precinct Numbers 3951 and 3969 as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3955, comprising state and county precincts designated Precinct Numbers 3952, 3955 and 3973 as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3959, compris~ng state and county precincts designated Precinct Numbers 3957 and 3959 as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3960, comprising state and county precinct designated Precinct Number 3960 as established by the Santa Clara County Board of Supervisors. '., CONSOLIDATED PRECINCT NO. 3961, comprising state and county precincts designated Precinct Numbers 3958, 3961, 3962 and 3963 as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3964, comprising state and county precincts designated Precinct Numbers 3964 and 3967 as established by the Santa Clara County Board of Supervisors. jIIIII\ I ..... CONSOLIDATED PRECINCT NO. 3965, comprising state and county precincts designated Precinct Numbers 3954, 3965, and 3974 as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3966, comprising state and county precincts designated Precinct Numbers 3953, 3956, 3966 and 3972 as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3968, comprising state and county precinct designated Precinct Number 3968 as established by the Santa Clara County Board of Supervisors. 5574 CONSOLIDATED PRECINCT NO. 3970, comprlslng state and county precinct designated Precinct Number 3970 as established by the Santa Clara County Board of Supervisors. 3. The canvass of the returns of the votes cast and the counting of absentee ballots cast in said City for the offices of Mayor and City Councilmembers was duly held by the Registrar of Voters in accordance with the order of the Council and in accordance with law and said Registrar of Voters has executed a certificate certifying to the results of such canvass, which certificate is hereto attached, marked Exhibit "A" and by this reference is made a part hereof. Said certificate has been examined and is hereby approved and adopted by this Council as the official canvass of said municipal election. , .." 4. The whole number of votes cast in said City of Gilroy at said municipal election was 3,694 (including 93 absentee votes). 5. The names of the persons voted for, the offices for which they were voted, the number of votes received by each of said persons in each of said precincts and by absentee votes, are shown on said Exhibit "A", hereto attached. 6. At said general municipal election held in the City of Gilroy and consolidated with the General District Election held throughout Santa Clara County on November 3, 1987, the following persons were elected to the following offices: ROBERTA HOWSON HUGHAN was elected Mayor of the City Council to hold office for a term of four years, from and after Monday, November 16, 1987, and continuing until her respective successor shall qualify. LARRY MUSSALLEM was elected a member of the City Council to hold office for a term of four years, from and after Monday, November 16, 1987, and continuing until his respective successor shall qualify. ... LEONARD A. HALE was elected a member of the City Council to -- hold office for a term of four years, from and after Monday, November 16, 1987, and continuing until his respective successor shall qualify. PAUL V. KLOECKER was elected a member of the City Council to hold office for a term of four years, from and after Monday, November 16, 1987, and continuing until his respective successor shall qualify. 7. The City Clerk is hereby directed to make out and deliver to each of the persons elected a certificate of election signed by her and duly authenticated. She shall also impose the constitutional oath of office and have them subscribe thereto. 8. That the City Clerk be, and she is hereby, instructed to enter this resolution in full in the minutes of this Council as a statement of the result of said general municipal election. PASSED AND ADOPTED this 16th day of November, 1987, by the following vote: AYES: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM PALMERLEE, VALDEZ and HUGHAN. None None .... J NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: /s/ ROBERTA H. HUGHAN Mayor ATTEST: /s/ SUSANNE E. STEINMETZ City Clerk ,.... ..... ".,.... .... ~ 3951-PCT 3951 3955-PCT 3955 3959-PCT 3959 3960-PCT 3960 3961-PCT 3961 3964-PCT 3964 3965-PCT 3965 3966,PCT 3966 3968-PCT 3968 3970-PCT 3970 , I ..... EXHIBIT "A" CERTIFICATE OF ELECTION RESULTS STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) 5575 I, George A. Mann, Registrar of Voters of the County of Santa Clara, State of California, do hereby certify that at the Consolidated Election held on November 3. 1987, a General Municipal Election consolidated therewith, was held in the City of Gilroy for the purpose of electing a Mayor and three members to the City Council by the voters of said City; That the official canvass of the returns of said election was conducted by the office of the Registrar of Voters in accordance with the appropriate provisions of the Elections Code of the State of California; and That hereto attached is a full, true and correct statement of the votes cast at said General Municipal Election. WITNESS my hand and official seal this 9th day of November, 1987. /s/ GEORGE A. MANN Registrar of Voters SEAL CONSOLIDATED ELECTIONS, November 3, 1987 CITY OF GILROY - MAYOR - VOTE FOR 1 - CITY COUNCIL - VOTE FOR 3 R E G I S T R A T I o N B A L L o T S C A S T 1473 392 1286 456 1572 479 822 234 1566 286 lln 392 1496 449 1582 587 7 2 905 324 ABSENTEE TOTALS 11886 GRAND TOTALS 11886 ****** 93 3964 R o B E R T A H o W S o N T U R N o U T 26.6 256 35.4 319 30.4 336 28.4 161 18.2 187 33.3 292 30.0 321 37.1 395 28.5 2 35.8 261 0.7 54 31.0 2584 R I C A R D 0, L E o N A R D R I C K H U G H A N A M E L L o H A L E 132 230 122 308 133 259 69 146 91 162 86 253 121 258 172 367 o 1 59 208 30 1015 59 2251 The Mayor adjourned Sine Die. P A U 'L V K L o E C K E R 197 259 283 140 105 221 245 325 1 146 52 1974 D o N N A N A V A S 206 196 258 105 162 156 219 258 o 175 31 1766 H E N R Y p W E L T o N I I I 45 1438 L A R R Y M U S S A L L E M 162 168 164 120 110 158 183 203 2 123 231 290 285 137 159 237 287 379 2 210 64 2281 5576 Roll Call MayorPro- tempore Pub.Hear. G. Filice Gen. Plan Amendment Pub. Hear. Rezoning B.Rowlison Intro.ord. Pub.Hear. Zoning Ord. Text Amend. The City Clerk swore in the Councilmembers elect and presented them with Certificates of Election. The Mayor presented a Certificate of Service and gift to retired Councilwoman Albert. Present: Councilmembers: Donald F. Gage, Leonard A. Hale, Paul V. Kloecker, Larry Mussallem, Daniel D. Palmerlee, Pete Valdez, Jr. and Roberta H. Hughan. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that Councilman Palmerlee be selected as Mayor Protempore. The Mayor stated that it was the time and place scheduled for a continued Public Hearing to consider a General Plan Amend- ment request from Open Space to General Services Commercial on property located at 5480 Monterey Highway, on approximately 27 acres, Gennero Filice, applicant. (GPA 86-2) (Continued from the 5-18-87 Regular Council Meeting.) -, .J A request from the applicant to continue the public hearing for six months was noted. Motion was made by Councilman Gage seconded by Councilman Valdez and carried that the Public Hearing be continued to May 16, 1988 as requested. The Mayor stated that it was the time and place scheduled to consider a rezoning request from R1 (Single Family Residen- District to R3 (Medium Density Residential) District located at 9055 Kern Avenue, North of Ramona Way on the West side, on approximately 2.4 acres, Bruce Rowlison, Applicant. The Staff Report was noted and explained by Planning Director Dorn. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. , Mr. William K. Henry, Civil ~ngineer, addressed the Council .. noting that he was present to answer questions on behalf of the applicant. The Mayor asked if there was anyone further in the audience wishing to speak. There was no response from anyone in the audience. The Mayor closed the Public Hearing. Motion was made by Councilman Valdez seconded by Councilman Kloecker and carried that the reading of the proposed ordinance be waived and that it be introduced and published by title and summary approving the rezoning requested. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a Zoning Ordinance Text Amend- Amendment Initiated by the City of Gilroy for several areas of the Zoning Ordinance, including definitions (Basement, Care- taker's Quarters [or Residence], Neighborhood Recreational Facil- ity, Swimming Pool, Spa, and Story), Residential Use Table, Off- Street Parking Requirements, Fences and Obstructions, Swimming Pools, Sign Regulations, Accessory Buildings and Major Variances. The Staff Report was noted by Planning Director Dorn and further explained by Senior Planner Myer. ~ I 1 ....J Discussion was had by Council on the proposed amendments. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposed amendments. There was no comment from anyone in the audience. The Mayor closed the Public Hearing. Motion was made by Councilman Palmerlee seconded by Coun- cilman Gage and carried that the reading of a proposed ordinance approving the Zoning Ordinance Text Amendments as recommended to include prohibiting barbed wire and cyclone fencing in any area visible to any public right-of-way in C1 and C2 Districts. So. Valley Hosp. re: Act Res.87-78 ".. ~ Mgmt.Serv. Inst.-Bus. Syst. ".. .... Xmas Dec. Jt.So.Co. Plan. Prog. "".. .... 5577 A request to certify cancellation of the Land Conservation Contract under the Williamson Act for South Valley Hospital Wm. property was noted. Motion was made by Councilman Gage seconded by Councilman Valdez and carried that it hereby certified the Land Conservation Contract No. 71.147-001 to be cancelled and authorized the Mayor to execute the Final Certificate of Cancellation as requested. Councilman Hale did not vote on the motion due to a conflict of interest on the matter. It was noted that the Applicant of Urban Service Area Application 87-4 and Staff had not completed the deferred annexation and development agreements requested by Council and that Council action on this matter is continued to the next regular Council Meeting. Motion was made by Councilman Kloecker seconded by Councilman Gage that the reading of Resolution No. 87-78 be waived and that it be adopted denying Urban Services Area Requests 87-1; 87-2 and 87-3. RESOLUTION NO. 87 - 78 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY RECOMMENDING NO MODIFICATION OF THE URBAN SERVICE AREA OF THE CITY OF GILROY WITHIN THE COUNTY OF SANTA CLARA. PASSED AND ADOPTED this 16th day of November, 1987, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN. None HALE City Administrator Baksa recommended that discussion on Management Services Institute re: Municipal Business Systems be deferred to the January 19, 1988 Regular Council Meeting. Council requested that a study session be set for additional discussion by Councilmembers prior to the January 19, 1988 regular meeting. A Staff report on City's costs to install and remove electrolier Christmas decorations was noted and further explained by City Administrator Baksa. Dr. Philip Buchanan, addressed the Council, further noting the cost of the decorations and additional added this year for the City complex and Medical Center. He also noted that they are stored by the School District and he repairs those in need of repair. Discussion was had by Council on the matter. Motion was made by Councilman Kloecker seconded by Councilman Palmerlee and carried that the City would install and remove the electrolier Christmas decorations; that next year the Chamber would be required to pay 50% of the cost if they wished to receive this service. Council noted reconciliation report from the Joint South County Planning Program further explained by City Administrator Baksa. Motion was made by Councilman Kloecker seconded by Council- man Hale and carried that all of the Staff recommendations be approved as presented, specifically to direct that an Environ- mental Impact Report be prepared for the Joint South County Plan; that four Gilroy representatives be appointed to Phase II of the Joint South County Planning Program; and that Staff be directed to prepare a work program for implementing the Joint South County Plan. The Mayor noted that Connie Rogers and John E. Pate had agreed to continue as Gilroy representatives. Councilmembers Valdez and Kloecker were requested to advise the Mayor if they wished to continue as representatives. 5578 Appeal- Ford's Bldg. LATP Sewer Allocation (The Mayor deviated from the regular order of the agenda in order to accommodate interested persons in the audience.) An appeal of Dan D. Palmerlee on the decision of the Planning Commission regarding Ford s Department Store was noted. The Staff Report was noted and further explained by Planning Director Dorn. Mr. Harold Hyde, Sr. Vice President of Fords, addressed the Council and further explained the reasons for deviation from the original approved plans. Mr. Leo Estrada, Architect representing the applicant, addressed the Council further explaining reasoning for the changes in the original approved plans. He noted that they would be willing to abide by what is determined by the City Council. J Ms. Sharon Albert, Chairperson of the Historical Heritage Committee, addressed the Council noted the conditions required by the Committee and the Planning Commission that were not met. Planning Commissioner Cooper addressed the Council noting that the Planning Commission's action and decision was based upon what was workable. Motion was made by Councilman Kloecker seconded by Councilman Palmerlee and carried that Ford's Department Store be required to cover the aluminum window frames, including doors both inside and out with wood material approved by Staff and the Historical Heritage Committee. Motion was made by Councilman Kloecker seconded by Councilman Palmerlee and failed, to require an attractive four foot in width canopy of the Ford Building. Councilmembers: Hale, Gage, Mussallem and Valdez voted "no" on the motion. The Planning Commission's decision to allow one foot mould- ing to be placed along the Ford's Building on the wall between the first and second stories instead of the previously required canopy. Moulding to be used as displayed by Ford's to the Planning Commission and not disapproved by the Council. .... , ...., (The Mayor returned to the regular order of the agenda.) A letter from Beverly Hills Savings regarding Sewer Alloca- tion for Las Animas Technology Park was noted. Staff recommended that this request be denied. Motion was made by Councilman Gage seconded by Councilman Valdez and carried that the request of Beverly Hills Savings regarding sewer allocation for Las Animas Technology Park be denied as recommended. The following information items were noted: Proclamations issued by Mayor Hughan: International REACT Month, November 1987; Bill of Rights Week - December 13-19, 1987; and Adoption Awareness Week, November 22-28, 1987; Senator Henry J. Mello re: Introduction of Legislation for 1988 Session; .... Planning Staff Approvals, dated October 29, 1987; ...... Gilroy Visitors Bureau July, August and September 1987 Financial Statements; 86-87 Activities; July, August 1987 Activities; 87-88 Action Plan; and July 2nd, August 6th, October 1st and November 15, 1987 Minutes of Meetings; Schramm & Raddus, Attorneys re: Mobilehome Rent Control; Applications for City Boards and Commissions for appointments to be made December 21, 1987 Regular Council Meeting. ~ .... r- ~ [ Commission Apptmts. Lib. & Cult. 10-13-87 P & R Com. 10-27-87 JPA Com. 10-13-87 STP Lands Salary Fund Caltrans Commute Servo Staff Retreat Jt .Meet. 5579 Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that the deadline to submit applications for the respective Boards and Commissions be extended to December 1, 1987 - 5:00 p.m. to include the Historical Heritage Committee vacancies not previously noted. Santa Clara Valley Water District appointment of Councilman Mussallem as Representative on the South Flood Control Zone Advisory Committee and City Engineer Allen and Director of Public Works Cox as Alternates; Gilroy Teachers Association re: American Education Week November 21, 1987- and Santa Clara County Greenbelt Coalition re: County Open Space Program. The Minutes of the Library and Culture Commission Meeting of October 13, 1987 were noted. The Minutes of the Parks and Recreation Commission Meeting of October 27, 1987 were noted. The Minutes of the Senior Advisory Board Meeting of September 21, 1987 were noted. The Minutes of the Gilroy Golf Course Advisory Board Meeting of September 8, 1987 were noted. The Minutes of the Joint Powers Sewer Advisory Committee Meeting of October 13, 1987 were noted. A letter to Albert T. Henley regarding Filing an SB 90 Challenge regarding Gilroy Wastewater Treatment Plant, approved by the Joint Powers Sewer Advisory Committee was noted and further explained by City Administrator Baksa. 1 t.}; Moti~ was m~~bY Councilman Gage seconded by Councilman p Q.F\ It.~ rl"', Mussallem~t at the ity Attorney be authorized to file litigation jointly with others in this suit as recommended to recover a state mandated cost. City Administrator Baksa recommended deferring discussion of Land/Buffer around the Sewer Treatment Plant to an agenda item on a tentatively scheduled Joint Gilroy-Morgan Hill Council Study Session of November 30, 1987 in Morgan Hill. Council requested that the City Clerk verify this meeting with the Morgan Hill City Clerk. City Administrator Baksa presented and explained a Salary Fund Distribution report noting that an Administrative or Fringe Benefit Distribution Study is proposed. He further noted that $300,000.00 had been cut in the Capital Improvement Program for 1987-88 and that same will be prioritized in the 1988/93 Capital Improvement Program. A letter from Caltrans to the Santa Clara County Transpor- tation Agency was noted re: including Gilroy in their Peninsula Commute Service maintenance facility project if necessary funds can be obtained to add to the EIR. City Administrator Baksa noted the recent Staff Retreat held at Asilomar. Councilman Gage reported that Ms. Linda Callon, (City's Legal representative) gave an excellent presentation at the November 13, 1987 Sewer EIR Court hearing. The City Attorney noted that the Council's rights to pri- vacy regarding litigation law has been amended, effective January 1, 1988. The Mayor noted the Joint Gilroy/Morgan Hill Council Study Session tentatively scheduled for November 30, 1987 in Morgan Hi 11. 5580 Admrnmt. '" At, 10:39 p.m. the Mayor adjourned-the meeting for a brief recess and Closed Session re: Initiation of Litigation in accordance with Section 54956.9 (c) of the Government Code (State Board of Equalization issue). At 11:08 p.m. the Mayor reconvened the meeting. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that the law firm of Berliner, Cohen & Bia- gini be hired as attorneys in a possible litigation suit against the State Board of Equalization regarding the Sales Tax Issue and request to meet with Council at their earliest convenience. At 11:09 p.m. the Mayor adjourned the meeting. Respectfully submitted, -Lf~f::~d k;..d: ~~usanne E. Steinmetz~~