Loading...
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. I .... - ...... USA 88-2 - School Dist. "... .... 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. ~ I .... 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. ~ The Mayor reopened the Public Hearing to hear from Mr. Schenk. ..... 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 .... .... Recycling Program Sewer Alloc. (Peckham) ...,..,..... ....... - Commission Applies. f \ LAFCO ".... .... 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; ~ ..., 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? "..... .... - ...... "..... ..... 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) ~""-"'---'.~"--"'-'~- 5702 General Election, November 8, 1988 CITY OF GILROY CHARTER AMENDMENT - MEASURE Q M B E I A N S D U I R N E G Q A R C B I V I R B T 0 T E A Y T R G L E A I L 0 T S 0 F F I T T T 0 0 R S U G R N A R I T C N L 0 I A 0 R N Y 0 S U o E E N T T Y S B I N D I N G A ... R B ..." I T R A T I 0 N N o -------.-. 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