Minutes 1988/07/18
Invocation
Posting
Agenda
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Roll Call
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Intro.New
Employee
Memory
Plaque
Emp.Award
Recog.
Plaque
Consent
Calen4..ar
JII""'''-
Minutes
-
Claim-
qil Can Co.
Easter
Seal Soc.
Minutes
Bid-Pub.
Wks. Proj.
Contd.Pub.
Hearing-
L. Willis
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...
Pub. Hear.
Gilroy Foods
Prezoning
5649
Regular Meeting
July 18, 1988
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
The'Mayor called on Pastor Pike Robinson, First Assembly of
God Church, to give the Invocation.
The City Clerk reported that the Agenda had been posted on
July 14, 1988 at 10:00 a.m.
Present: Councilmembers: Donald F. Gage, Leonard A. Hale,
Paul V. Kloecker, Larry Mussallem, Daniel D. Palmerlee, Pete
Valdez, Jr. and Roberta H. Hughan - 8:02 p.m.
The Mayor introduced new employee, Janis Howell, Personnel
Clerk I.
Library and Culture Commission Chairperson Gage presented a
plaque' of Recognition and Appreciation to Mrs. Al Bloom in Memory
of her late husband.
The Mayor presented the Employee Award for the Month of
June 1988, to Beth Minor, Dispatcher II.
The Mayor presented Jeff Strametz, representing the Gilroy
Bassmasters with a plaque of Recognition and Appreciation for
their efforts in cleaning debris out of Uvas Creek and shoreline
of Uvas Reservoir.
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:
Gage, Hale, Kloecker, Mussallem, Palmerlee, Valdez and Hughan:
Approved the Minutes of the Regular Council Meeting of July
5, 1988;
Denied a Damage Claim of Gilroy Canning Company as
re commended;
Granted waiver ofa Muni'cipal License Fee to Easter Seal
Society of California for solicitation of funds; and
Approved the Minutes of the Adjourned Regular Council
Meeting of July 11, 1988.
Motion was made by Councilman Gage seconded by Councilman
Kloecker and carried that the bid of De Silva Construction be
awarded in the amount of $441,424.10 for the Annual Public Works
Projects as recommended.
The Mayor stated that it was the time and place scheduled
for the continued Public Hearing to consider a rezoning request
from Al (Agriculture) District to Ml (Limited Industrial) Dis-
trict, located at 350 Buena Vista Avenue, Larry Willis, applicant
(Z 87-6) and requested by the applicant to continue same to
October 24, 1988.
Motion was made by Councilmaa Gage seconded by Councilman
Kloecker and carried that the continued Public Hearing be further
continued to October 24, 1988 as requested.
The Mayor stated that it was the time and place scheduled
for a Public Hearing to consider a prezoning request of Gilroy
Foods, Inc. to M2 (General Industral) for property located along
Miller Slough, South of Pacheco Pass Highway, on approximately
25.48 acres.
The Staff Report was noted and further explained by
Planning Director Dorn.
5650
Intro.Ord.
Gen.Maint.
Dist.
Binding
Arbitration
Petition
Analysis
Res.88-45
Res.88-46
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposed prezoning.
Mr. Bill Workman, representing Gilroy Foods, Inc.,
addressed the Council, noting his presence to answer questions,
if any.
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.
Motion was made by Councilman Gage seconded by Councilman
Hale and carried that the reading of the proposed ordinance
prezoning said territory be waived, that it be introduced and
published by title and summary and that the Statement of Over-
riding Considerations for the 25.48 acres as noted on page two of
the Staff Report be adopted as presented.
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Discussion was had on the proposed General Maintenance Dis-
trict continued from the July 5, 1988 Council Study Session.
Motion was made by Councilman Gage seconded by Councilman
Kloecker and carried that further Ldiscussion on the matter be
tabled to a date after the November 8, 1988 General Election.
City Administrator Baksa inquired if Council would take
action on the Binding Arbitration Charter Amendment as an emer-
gency measure to accommodate the publication requirements of the
Election Code as the Registrar of Voters has certified that the
GPOA/FF Association Initiative Petition is valid and sufficient.
Motion was made by Councilman Kloecker seconded by
Councilman Gage and carried that action be taken regarding the
Binding Arbitration Initiative Petition as recommended.
Motion was made by Councilman Gage seconded by Councilman
Kloecker and carried that the Registrar of Voter's Certification
of the Initiative Petition re: Charter Amendment - Binding
Arbitration from the GPOA/FF Association as being a valid
petition containing the required number of signatures for a
Ballot Measure is hereby acknowledged.
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...
Motion was made by Councilman Gage seconded by Councilman
Kloecker and carried that the City Clerk is directed to transmit
the Measure to the City Attorney for preparation of an Impartial
Analysis of the Measure.
Motion was made by Councilman Gage seconded by Councilman
Kloecker that the reading of Resolution No. 88-45 be waived and
that it be adopted accepting the filing of a petition for a
proposed Charter Amendment for the City of Gilroy, Directing the
City Clerk to cause the same to be published and Directing that
the proposal be submitted to the electorate at the General
Election on November 8, 1988.
RESOLUTION NO. 88-45
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ACCEPTING THE
FILING OF A PETITION FOR A PROPOSED CHARTER AMENDMENT FOR THE
CITY OF GILROY ,lllRECTING THE FILING OF A COpy THEREOF, DIRECTING
~HE CITY CLERK TO CAUSE THE SAME TO BE PUBLISHED AND DIRECTING THAT
THE PROPOSAL BE SUBMITTED TO THE ELECTORATE AT THE GENERAL MUNICIPAL --.
_ON NOVEMBER 8, 1988.
.PASSED AND ADOPTED this 18th day of July, 1988, by the fOllowinq vote: -...J
AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Motion was made by Councilman Gage seconded by Councilman
Kloecker that the reading of Resolution No. 88-46 be waived and
that it be adopted requesting the Board of Supervisors of Santa
Clara County to provide for the consolidation of a Special
Municipal Charter Amendment Election with the State of California
General Election to be held November 8, 1988.
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i
"-
Arguments
Mayor
Protem
Utility
Accounts
,.......
"'-
Ord.re:
Obscene
Matter
TAAL Property
"....
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5651
RESOLUTION NO. 88 - 46
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY REQUESTING THE
BOARD OF SUPERVISORS OF SANTA CLARA COUNTY TO PROVIDE FOR THE
CONSOLIDATION OF A SPECIAL MUNICIPAL CHARTER AMENDMENT ELECTION
WITH THE STATE OF CALIFORNIA GENERAL ELECTION TO BE HELD NOVEMBER
8, 1988.
PASSED AND ADOPTED this. 18th day of July, 1988, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN
COUNCILMEMBERS: None
COUNCILMEMBERS: None
Motion was made by Councilman Gage seconded by Councilman
Kloecker and carried that the deadline for submitting Arguments
established to be August 12, 1988 as recommended by the City
Clerk is hereby confirmed.
The Mayor appointed Councilman Hale as Mayor Protempore
effective July 18, 1988.
City Administrator Baksa presented a recommendation to
write-off uncollectible utility accounts from June 1, 1987 to
June 1, 1988 in the amount of $13,283.59, noting said accounts to
, be in for collection on a continued basis~
Motion was made by Councilman Kloecker seconded by Council-
man Gage and carried that authorization be given to write-off
uncollectible utility accounts in the amount of $13,283.59 as
recommended.
Council requested Staff investigate a means of providing
the various departments with a computer list of uncollectable
accounts to avoid allowing obtaining other municipal permits,
etc. until the account is cleared.
The Mayor asked if there was anyone in the audience wishing
to speak on any matter not on the agenda. There was no comment
from anyone in the audience.
Council noted and took no action on the request of the
Citizens Leading Effective Action Now, for an ordinance limiting
the display of obscene matter for the protection of minors, re:
Assembly Bill 711.
Noted a letter from the Theatre Angels' Art League offering
their property on Fifth Street as a gift to the City of Gilroy to
include the balance due on the mortgage.
Motion was made by Councilman Hale seconded by Councilman
Gage and carried that the City accepts the property gift and
mortgage of the Theatre Angels' Art League. The Mayor noted that
she would write a letter and have a plaque prepared for the
building. City Administrator Baksa noted that the Parks and
Recreation Department would prepare plans for multi-uses of the
building and arrange for a presentation for the plaque.
The following informational items were noted with no
separate discussion on same:
Planning Staff Approvals, dated June 30, 1988;
Revisions to Tanner Plan and EIR Approval Schedule;
Police Department Employee of the Month of May 1988,
Officer Brenda Bergman;
Intergovernmental Council in appreciation for Tanner
Program Funds;
Proclamation Issued by Mayor Hughan: French-American
Friendship Day - July 14, 1988;
South Valley Hospital in Appreciation;
5652
Plan. Com.
7-7-88
Pers.Com.
7-11-88
Training
Captain
P.& R. Com.
6-21-88
Variance
Filbro Dev.
City/School
Liaison
Committee
Caltrain
Extn. Study
Qr.Reports
Well Equip.
Bid
Landscaping
Policy-1st
Street
Gas Tax &
Gann Limit
Measures
Time Magazine Article, July 4, 1988, re: Water
Conservation; and
Sacramento Bee Article, June 26, 1988 re: Local Tax
Measures and Bond Issues.
The Report of the Planning Commission Meeting of July 7,
1988 was noted.
The Report of the Personnel Commission Meeting of July 11,
1988 was noted.
City Administrator Baksanoted and explained a recommmenda-
tion to approve a job description for Training Captain.
J
Motion was made by Councilman Gage seconded by Councilman
Hale and carried that the job description for Training Captain be
approved as presented and recommended.
The Minutes of the Parks and Recreation Commission Meeting
of June 21, 1988 were noted.
The Minutes of the Senior Advisory Board Meeting of May 16,
1988 were noted.
The Minutes of the Gilroy Golf Course Advisory Board
Meeting of May 17, 1988 were noted.
The Minutes of the Library and Culture Commission Meeting
of May 10, 1988 were noted.
Councilman Palmerlee inquired about the Parking Variance
granted Filbro Development for their property at 10th and Chestnut
Streets. Planning Director Dorn explained same.
Councilmembers Palmerlee and Kloecker appealed the decision
of the Planning Commission regarding the Variance granted Filbro
Development. A Public Hearing will be set before the Council for ...
their August 1, 1988 regular meeting on the decision of the i
Planning Commission to consider said appeal. ...
City Administrator Baksa noted a City/School Liaison
Committee Meeting tentatively scheduled for September 14, 1988 at
5:00 p.m. The Council Committee concurred.
City Administrator Baksa noted the Gilroy Caltrain Exten-
Extension Study Public Meetings: August 3, 1988 in Morgan Hill and
August 10, 1988 in South San Jose, both scheduled for 7:00 p.m.
City Administrator Baksa distributed the Quarterly Reports.
City Administrator Baksa reported on the previously awarded
bid to F & M Engineering Contractors for the Well Equipping
Facilities at Wells No. 8 and 9 noting that there will be change
orders for those items questioned by another contractor.
Councilman Palmerlee inquired of the City's landscaping
policy for new commercial development on First Street and
requested Council review of same. City Administrator Baksa noted
proposed development in progress under Sewer Allocation agreements
with fee payment deadlines soon.
Councilman Palmerlee requested a Staff Report from the
Planning Department on what landscaping will be required of those
developers on First Street that the City is anticipating payment
of their fees in the near future.
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The Mayor asked Council if they wished to take action on
the two measures on increase of Gas Tax and Gann Limit requested
by the City of San Jose/Metropolitan Transportation Commission.
Motion was made by Councilman Kloecker seconded by Council-
man Palmerlee and not carried by a 4/5's vote to take action on
the matter as an emergency measure. Council requested that same
be agendized on the August 1, 1988 regular agenda with additional
information in order for Council to make a decision on same.
City BBQ
Jt.Study
Session
Adjrnmt.
5653
Councilman Gage inquired of the Council's role at the City
Barb~cue August 13, 1988. City Administrator Baksa noted that
Council has been requested to serve the food, etc.
The Joint Gilroy/Morgan Hill Study Session of August 16,
1988 - 7:00 p.m. in the Morgan Hill Council Chambers was noted.
The Joint City Council/Planning Commission/Gilroy Downtown
Development Corporation Study Session, August 8, 1988 - 7:00
p.m., Gilroy Senior Center, re: formation of a Business Improve-
ment District was noted.
At 9:06 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
~auue E. t.~