Minutes 1988/12/05
5696
Invocation
Posting
Agenda
Roll Call
New Emp.
Consent
Calendar
Ord.88-20
Bids re:
Prefab Bldg.
C.H. Park
Regular Meeting
December 5, 1988
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
The Mayor called on Dr. Joe Caldwell, First Baptist Church to
give the Invocation.
The City Clerk reported that the Agenda had been posted on
December 1, 1988 at 10:16 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.
The Mayor introduced New Employee: Nicanor A. Amper,
Industrial Waste Inspector.
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:
Adopted Ordinance No. 88-20 Prohibiting the Use of Steel-Jawed
Traps in the City of Gilroy.
ORDINANCE NO. 88 - 20
AN ORDINANCE OF THE CITY OF GILROY ENACTING SECTION 16.36 OF THE
GILROY CITY CODE SO AS TO PROHIBIT THE USE OF STEEL-JAWED TRAPS.
PASSED AND ADOPTED this 5th day of December, 1988 by the following
vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: GAGE, HALE,
PALMERLEE,
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
KLOECKER, MUSSALLEM,
VALDEZ and HUGHAN
City Administrator Baksa presented a recommendation to award
the bid of Myers Construction for a Prefabricated Toilet Building
for Christmas Hill Park and distributed letters objecting to the
qualifications of Myers Construction.
William Headley, Parks Superintendent, addressed the Council
noting that there is a Department of Housing requirement that any
type of dwelling that is transported in the State of California be
approved by this agency and the City did receive word from the
manufacturer that the low bidder does have the required temporary
permit and can provide the required certification.
The City Attorney noted that the City/s requirement for
references on construction of two buildings was for the City/s
benefit and the type of requirement that can be waived by the City
which gives Council the option of waiving the bid to save $6,000 if
in the City's interest or adhering to the requirement of the bidder
being required to have built two buildings in the State of Cali-
fornia. The low bidder has only built one in the State of
California, but provided the reference that the work was satis-
factory and manufacture back-up for same. He noted that Staff chose
to waive the requirement of two references which was strictly for
the City's benefit.
Pub.Hear.
USA reqs.
,.....,
USA 88-1 -
Wm.Lyon Co.
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USA 88-2 -
School Dist.
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USA 88-3 -
Shapell Ind.
5697
Discussion was had by Council on the matter. Motion was made
by Councilman Valdez seconded by Councilman Mussallem and carried
that all bids be rejected and the City readvertise for new bids for
the Prefabricated Toilet Building. Councilman Kloecker voted "no"
on, the motion.
The 'Mayor stated that it was the time and place scheduled for
the Public Hearing to consider 1988 Urban Service Area Revision
requests to include approximately 2,246 acres into the City of
Gilroy's Urban Service Area.
Senior Planner Myer presented and explained the Staff Report
noting the Planning Commission and Staff recommendation to not
forward this application to LAFCO.
Planning Director Dorn noted that the Circulation Element of
the General Plan is proposed to be adopted in June or July of 1989.
Councilman Mussallem noted that he would not take part in the
discussion nor action on USA 88-1 request due to a conflict of
interest.
The Mayor asked if there was anyone present in the audience
wishing to speak for or against the proposal.
Mr. David Koons, representing the William Lyon Company,
addressed the Council and further explained their proposal
requesting that Council approve the application for forwarding same
to LAFCO for approval.
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 for the William
Lyon Company application.
Motion was made by Councilman Kloecker seconded by Councilman
Palmerlee and carried that USA 88-1 request of The William Lyon
Company be rejected as recommended by Staff and the Planning
Commission.
The Mayor reopened the Public Hearing for USA 88-2 application
of the Gilroy Unified School District and explained the procedure to
the students present in the audience.
Senior Planner Myer presented and explained the Staff Report
recommending that same be forwarded to LAFCO for approval.
Mr. Sam Bozzo, representing the School District, addressed the
Council noting that the District received site approval from the
State today.
The Mayor asked if there was
speak for or against the proposal.
in the audience. The Mayor closed
Hearing for USA 88-2.
anyone in the audience wishing to
There was no comment from anyone
that portion of the Public
Motion was made by Councilman Mussallem seconded by Councilman
Gage and carried that USA 88-2 be approved and forwarded to LAFCO
for approval.
The Mayor explained the action taken to the students present
in the audience.
Mr. Sam Bozzo, addressed the Council noting that depending on
growth the school may be built within the next five years.
The Mayor reopened the Public Hearing for USA 88-3, Shapell
Industries.
Senior Planner Myer presented and explained the Staff Report
noting recommendation by Staff to not approve the application and
Planning Commission recommended by a 4-3 vote to approve the
application and forward same to LAFCO for approval.
5698
The Mayor asked if there was anyone in the audience wishing to
speak on the proposal.
Mr. Jack Schenk, representing Shapell Industries addressed the
Council further explaining the proposal and reasons for requesting
inclusion in the Urban Service Area at this time.
Mr. Bill Reimal, 7551 Kentwood Court, addressed the Council
supporting Shape II Industries and requesting that same be included
in the Urban Service Area because of advantages to the City and
inclusion of the open space area in their proposal.
Ms. Penny Lockhart, addressed the Council noting that the
project needs more consideration and that Shapell Industries is
progressing too quickly with their proposed project and that
executive housing is not necessary for Gilroy.
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Mr. Jack Schenk, addressed the Council noting that the Shapell
Industries project application was filed approximately 2 1/2 years
ago and feels that same is not progressing too rapidly.
The Mayor asked if there was anyone further in the audience
wishing to speak on the proposal.
Mr. Jeff Martin, Vice President and on the Economic Committee
of the Gilroy Chamber, addressed the Council noting that they have
endorsed the project unanimously and encouraged Council to vote
favorably upon the application.
Mr. Sam Bozzo, addressed the Council noting that Superinten-
dent Noonan appeared before Council previously, noting that the
School District staff feels that Shapell Industries build-out
schedule has provided adequate time for planning and that the
developer's fees will assist the school to provide adequate
schooling and that they request proceeding with the project and
support their inclusion in the Urban Service Area at this time.
Mr. Ted Schaal, representing Long Meadows subdivision, ~
addressed the Council noting that they have 110 acres available for
development in the northwest quad for possible housing and that it ..
is premature to include Shapell Industries in the Urban Service Area
at this time.
The Mayor asked if there was anyone further in the audience
wishing to speak on the proposal.
Mrs. Patricia Bentson, 7145 Harvard Place, and Planning
Commissioner, addressed the Council encouraging denial of the
Shapell Industries application for inclusion in the Urban Service
Area noting that the issue is not whether to support the project but
if the City can provide services within the next 5 years. She urged
Council to follow Staff's recommendation for denial of same.
The Mayor asked if there was anyone further in the audience
wishing to speak. There was no further comment from anyone in the
audience. The Mayor closed the Public Hearing.
Discussion was had by Council on the matter.
Motion was made by Councilman Gage seconded by Councilman
Mussallem to continue the Shapell Industries USA 88-3 application
for one year.
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The Mayor reopened the Public Hearing to hear from Mr. Schenk.
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Mr. Jack Schenk addressed the Council noting that they would
concur with the one year continuance if it is in the best interest
of the community.
Motion made by Councilman Gage seconded by Councilman
Mussallem was amended and carried to continue the Shapell Industries
USA 88-3 application to December 4, 1989. Councilman Palmerlee
voted "no" on the motion.
Res.88-70
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Recycling
Program
Sewer Alloc.
(Peckham)
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Commission
Applies.
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LAFCO
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Res.88-71
5699
Motion was made by Councilman Palmerlee seconded by Councilman
Valdez that the reading of Resolution No. 88-70 be waived and that
it be adopted authorizing forwarding the Gilroy Unified School
District/ Filice Family Estate application 88-2 to LAFCO for
approval.
RESOLUTION NO. 88 - 70
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY RECOMMENDING
MODIFICATION OF THE URBAN SERVICE AREA OF THE CITY OF GILROY WITHIN
THE COUNTY OF SANTA CLARA.
PASSED AND ADOPTED this 5th day of December, 1988 by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN
COUNCILMEMBERS: None
COUNCILMEMBERS: None
Discussion was had regarding the Recycling Program. Motion
was made by Councilman Gage seconded by Councilman Mussallem and
carried that the City proceed with plans and move forward on the
Recycling Program with the understanding that the public be fully
informed before the program is in place.
Ms. Natalie Cook, 14915 Columbet Avenue, San Martin, addressed
the Council noting that she had been involved in Recycling as an
Office Manager in Chico and requests to be on the City's Committee
and is willing to be involved in the recycling program. (683-2807)
Ms. Penny Lockhart addressed the Council noting that she is
also interested in the Recycling Program and is representative to
the County of Santa Clara's Division of Solid Waste.
The Mayor deviated from the regular agenda in order to hear
the request of Mr. Herbert D. Peckham for a sewer allocation,
present in the audience.
City Administrator Baksa explained the request and gave
alternative actions that Council could take.
Mr. Herbert Peckham, 750 La Paloma Way, addressed the Council
explaining his proposal noting that the City derives benefit from
the water line on his property.
Motion was made by Councilman Gage seconded by Councilman
Kloecker and carried that if any forfeited fill-in category sewer
allocation is available that the requested amount be given to Mr.
Peckham as recommended by the City Administrator.
The Mayor returned to the regular order of the agenda.
Council set Saturday, December 10, 1988 at 9:00 a.m. to inter-
view Parks 'and Recreation Commission applications and 10:00 a.m. to
interview Planning Commission applications for the commission
vacancies, to be held in the Council Chambers at City Hall.
, Council invited applicants for the other commission vacancies
to contact Councilmembers individually if they so desire.
City Administrator Baksa gave an update on LAFCO action on the
"25 acre San Ysidro Urban Service Area request, noting that LAFCO had
requested a City study on same, and that Staff recommends that no
study be made.
Motion was made by Councilman Palmerlee seconded by Councilman
Gage and carried that no study be made for said Urban Service Area
request and that LAFCO be advised to either deny or approve the
application.
Noted Registrar of Voters Declaration of Votes cast at the
November 8, 1988 Election.
Motion was made by Councilman Mussallem seconded by Councilman
Hale that the reading of Resolution No. 88-71 be waived and that it be
adopted Declaring the Official Vote at the November 8, 1988, special
Municipal Election.
5'700
RESOLUTION NO. 88 - 71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AND
ADOPTING THE REGISTRAR OF VOTERS' CANVASS OF THE SPECAL MUNICIPAL
ELECTION AND DECLARING RESULT OF SUCH ELECTION HELD IN THE CITY OF
GILROY ON NOVEMBER 8, 1988.
RESOLVED, by the City Council of the City of Gilroy,
California that
WHEREAS, by order of this Council a special municipal elec-
tion was held and conducted in the City of Gilroy and consoli-
dated with the State of California General Election, on Tuesday, the
8th day of November, 1988 as required by law and the Charter of said
City as amended;
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WHEREAS, it appears that notice of said special 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 State of California General Election held
throughout Santa Clara County on Tuesday, November 8, 1988 in the ...
time and in the form and manner as required by law.
2. That there were established twenty-two (22) voting
precincts for the purpose of holding said municipal election
consisting of the regular election precincts established for holding
the state election.
3. The canvass of the returns of the votes cast and the
counting of absentee ballots cast in said City for Measure "Q" was
duly held by the Registrar of Voters in accordance with the order of
the Council and in accordance with law and said Regis-
trar 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 9,038 (including 920 absentee votes).
5. The measure voted upon, the number of votes received in
favor of and against said measure in each of said precincts and by
absentee votes, together with the whole number of votes which each ---
measure received in the entire city, are shown on said Exhibit "A",
hereto attached. .....
6. At said municipal election the following measure was
approved:
Shall Section 1004 of the Charter of the City of Gilroy be
amended so as to prohibit strikes by police officers and
firefighters, and to require that wages, hours and other terms
and conditions of their employment be subject to binding
arbitrafion?
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5701
7. 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 5th day of December, 1988, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS;
GAGE, HALE,
PALMERLEE,
None
None
KLOECKER, MUSSALLEM,
VALDEZ and HUGHAN
APPROVED:
L1J__R~~erta H. Hugh~~
Mayor
ATTEST:
/ s/ _~~~anne E.Ste~n~etz _
City Clerk
Exhibit "A"
DECLARATION OF ELECTION RESULTS
STATE OF CALIFORNIA
)
) ss.
)
County of Santa Clara
I, George A. Mann, Registrar of Voters of said County, hereby
declare that at the General Election held on November 8, 1988, and
consolidated therewith, a Special municipal Election was held in the
CITY OF GILROY for the purpose submitting Charter Amendment Measure
Q the voters of said City, to wit:
Q
Shall Section 1004 of the Charter of the City of Gilroy be
amended so as to prohibit strikes by police officers and
firefighters, and to re~uire that wages, hours and other terms
and conditions of their employment be subject to binding
arbitration?
That the results of said Election was canvassed by the Office
of the Santa Clara County Registrar of Voters in accord-
ance with applicable provisions of the California Elections Code;
and,
That the Statement of Votes Cast, to which this Certificate is
attached, shows the whole number of "YES" and "NO" votes cast for
and against said Measure Q in said City and in each of the
respective precincts; and that the totals are full, true and
correct.
WITNESS my hand and Official Seal this 28th Day of November,
1988.
/s/ GEORGE A. MANN
Registrar of Voters
(Seal)
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5702
General Election, November 8, 1988
CITY OF GILROY CHARTER AMENDMENT - MEASURE Q
M B
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Q A
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E A Y T R
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R S U G R N
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I A 0 R N Y
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o
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3951-PCT 3951 450 281 62.4 144 118
3952-PCT 3952 638 388 60.8 212 166
3953-PCT 3953 818 530 64.7 219 290
3954-PCT 3954 529 322 60.8 504 102
3955--PCT 3955 764 444 58.1 215 199
3956-PCT 3956 442 217 49.0 110 92
3957-PCT 3957 744 360 48.3 154 178
3959-PCT 3959 556 374 67.2 158 201 ...
3960-PCT 3960 894 609 68.1 338 260
3961-PCT 3961 709 359 50.6 204 129 ""'"
3963-PCT 3963 475 227 47.7 114 93
3964-PCT 3964 558 418 74.9 229 178
3965-PCT 3965 562 373 66.3 170 188
3966-PCT 3966 558 299 53.5 143 142
3967-PCT 3967 727 486 66.8 236 235
3969-PCT 3969 477 236 49.4 146 71
3970-PCT 3970 754 458 60.7 236 192
3974-PCT 3974 332 209 62.9 122 81
3977-PCT 3977 452 197 43.5 99 87
3979-PCT 3979 533 387 72.6 221 156
3980-PCT 3980 781 468 59.9 245 198
3981-PCT 3981 643 476 74.0 253 213
ABSENTEE TOTALS 13396 920 6.8 443 398
GRAND TOTALS 13396 9038 67.4 4615 3967
The Mayor asked if there was anyone in the audience wishing to
speak on any matter not on the agenda.
Mr. Ricardo Mello, Orchard Drive, addressed the Council
inquiring of the applications received for the Personnel Commission
vacancy. ......
The following informational items were noted with no separate .....
discussion on same:
Noted the Minutes of the Library and Culture Co, lission
Meeting of October 11, 1988.
Noted the Museum Report, dated October 1988; and
5703
Noted the Minutes of the Gilroy Golf Course Advisory Board
MeeSings of September 20 and October 18, 1988.
City Administrator Baksa Noted Council Work Sessions to be
scheduled in January 1989 for the Capital Improvment Program.
City Administrator Baksa noted Supervisory Training scheduled
for February 22 through March 30, 1989.
City Administrator Baksa noted MSI Report and recommendation
scheduled to be presented in January, 1989.
City Administrator Baksa noted an invitation from Assemblyman
Areias to a Groundbreaking Ceremony on December 12th at 10:00 a.m.
at the southeast corner of the 101/25 intersection to commemorate
the beginning of construction of the interchange.
The Mayor noted the InterCity Council Dinner Meeting, December
15, 1988 - Sunnyvale.
The Mayor noted the Intergovernmental Council Dinner Meeting
scheduled for February 2, 1989.
The Mayor noted the City Council/City Manager Retreat in Aptos
February 3-5, 1989.
At 10:06 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
A~ t-. sz69
~y Clerk