Minutes 1989/10/02
5788
Invocation
Posting
Agenda
Roll Call
Emp.Month
Cert.Serv.
Tony Lerma
Fire Pre-
vention Week
Consent
Calendar
Minutes
Budget
Res.89-48
Bids re:
Equip.
Sprinklers
RH Dist.
Regular Meeting
October 2, 1989
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
September 28, 1989 at 4:16 p.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 presented the Employee of the Month Award for
August 1989 to Michael Doru, Planning Director.
The Mayor noted a Certificate of Service for Anthony P.
Lerma, retired Personnel Commissioner, not present in the
audience.
Sparky the Fire Dog entered the
recognition of Fire Prevention Week.
noted Fire Prevention Day Ceremonies,
at Nob Hill Foods.
Council Chambers in
Assistant Fire Chief Pavao
October 14, 1989 12:00 Noon
Motion was made by Councilman Gage, seconded by Councilman
Mussallem 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
September 18, 1989;
Approved Budget Amendments and Transfers as recommended;
and
Adopted Resolution No. 89-48 Authorizing Appointed Members
of Deferred Compensation Plan Advisory Committee to Conduct
Financial Transactions on Behalf of that Plan.
RESOLUTION NO. 89 - 48
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY TO AUTHORIZE
THOSE APPOINTED MEMBERS OF THE CITY OF GILROY DEFERRED
COMPENSATION PLAN ADVISORY COMMITTEE TO CONDUCT FINANCIAL
TRANSACTIONS ON BEHALF OF THAT PLAN.
PASSED and ADOPTED this 2nd day of October, 1989 by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM,
PALMERLEE,VALDEZ and HUGHAN
COUNCILMEMBERS: None
COUNCILMEMBERS: None
City Administrator Baksa presented and explained a recom-
mendation to award the bid of George M. Philpott Co. in the
amount of $11,791.00 for a Mobile Light Tower (Emergency
Generator Light).
Motion was made by Councilman Gage seconded by Councilman
Mussallem and carried that the bid of George M. Philpott Co. in
the amount of $11,791.00 for a Mobile Light Tower (Emergency
Generator Light) be awarded as recommended.
The Mayor noted the recommendation to amend the Uniform
Fire and Building Codes re: Installation of Sprinklers in
Residential Hillside designations continued from the September
18, 1989 Regular Council Meeting, further noting the Study
Session prior to this regular meeting. She asked if there was
anyone in the audience wishing to speak on the matter.
Fire MOUs
Appeal re:
Old City Hall
~78q
v' ~
Mr. Jim Hoey, local builder, addressed the Council, noting
cost to cons tractors to install sprinklers.
Mr. Mike Sample, retired Fire Chief of the City of Liver-
more, addressed the Council in favor of sprinkler installation,
noting costs, etc.
Mr. Tom Campbell, Fire Chief and Building Director of the
City of Salinas, addressed the Council noting requirements in the
City of Salinas for the installation of sprinklers. He also gave
a slide demonstration regarding same.
Mr. Fred Dunn, Advanced Automatic Sprinkler, addressed the
Council noting that sprinkler systems are designed to have a
useful life of 99 years without any maintenance.
Public Safety Director Gillespie, explained response times
and areas throughout the City that are out of the regular
response times noting installation of sprinklers in these areas
would be beneficial.
Motion was made by Councilman Palmerlee seconded by Coun-
cilman Valdez that the proposed ordinance be introduced requiring
the installation of sprinklers in residential hillside develop-
ment. Motion failed by the following Roll Call Vote: Ayes:
Councilmembers: Palmerlee, Valdez and Hughan; Noes: Council-
members: Gage, Hale, Kloecker and Mussallem.
Motion was made by Councilman Kloecker that the matter be
brought back to Council with the possibility of other options and
for Council to decide whether or not to provide a range of
options or not provide options and stay with the full sprinklers,
(noting that the matter of options to the homeowners was not
fully provided.) He further included in the motion that any
homes built in the interim should be provided with larger size
lines to provide for the installation of sprinklers should it so
be deemed necessary. The motion died for lack of a second.
The Mayor tabled the recommendation on approval of the Fire
Department Memorandum of Understanding to the next regular
Meeting of October 16, 1989.
The Mayor noted the recommendation on the City Adminis-
trator and City Attorney's Compensation would follow the Closed
Session and the meeting would be reconvened for this action.
The Mayor continued the introduction of a proposed
Underground utility ordinance to later on in the meeting and
deviated from the regular agenda in order the accommodate
interested persons in the audience.
The Mayor noted the Appeal of Alex Larson on the decision
of the Building Board of Appeals regarding Old City Hall Handicap
Access.
The Staff Report was noted and further explained by Chief
Building Inspector James.
The Mayor asked if there was anyone in the audience wishing
to speak on the matter.
Mrs. Lael McCormack addressed the Council recommending that
future projects include handicap access, noting that she is not
in favor of the installation of an elevator in the Old City Hall.
Mr. Charles Larson, 420 First Street, addressed the Council
noting that an elevator should be required at the Old City Hall
further explaining same.
Mr. Alex Larson, 7881 Hanna Street, addressed the Council
further explaining his reasons for the appeal urging Council to
require handicap access at the Old City Hall.
Councilman Kloecker reported as a Member of the Building
Board Appeals, noting the reasoning for the Board's decision.
C;7nn
<oJ ./___1
Wheeler
Bldgs.
Appeal re:
Rebounder
Undrgrd.
Utility Ord.
Motion was made by Councilman Palmerlee seconded by Coun-
cilman Mussallem by the following Roll Call Vote that handicap
access should be provided at the Old City Hall Building: Ayes:
Councilmembers: Gage, Hale, Kloecker, Mussallem, Palmerlee,
Valdez and Hughan.
Motion was made by Councilman Mussallem seconded by
Councilman Gage and carried by the following Roll Call Vote that
the decision of the Building Board of Appeals be reversed: Ayes:
Councilmembers: Gage, Hale, Mussallem, palmerlee, Valdez and
Hughan; Noes: Councilmember: Kloecker.
The Mayor called upon the "Save Wheeler" Citizens'
Committee.
Mrs. Mildred Hanna, representing The "Save Wheeler"
Citizens' Committee addressed the Council regarding the Wheeler
Hospital Buildings between Fifth and Sixth Streets.
Suellen Rowlison, 795 Williamsburg Way, further
representing the Committee, addressed the Council and further
explained their request.
Heard from the following requesting preserving the Wheeler
Hospital Buildings:
Kathleen Chavez, Saratoga Place, noting her request to
preserve the buildings from a personal historical perspective;
Joyce Schmidt, 6660 Holsclaw Road, Operator of a Board and
Care for the elderly noting the need for a place in the City for
elderly citizens;
Marie Juncker, 7580 Princevalle Street, requesting time for
the Committee to conduct a feasibility study for the Wheeler
Buildings, noting same to be estimated at $15,000.00;
Debra Africa, 17310 Gran Prix Way, Morgan Hill, speaking on
behalf of the entire South County as a Registered Nurse and
requesting that the Wheeler Buildings be preserved;
Sherrie Stewart, 7311 Carmel Street, noting that the
feasibility study that was made by the Hospital Association
indicated that in order to preserve the Wheeler Buildings it
would not be profitable for the first five years and that their
group is not looking for a profit.
Council agreed to direct Staff to investigate the
possibility to use CBDG Funds for a Feasibility Study of the
Wheeler Buildings and agendize same for Council review.
At 10:46 p.m. the Mayor declared a Recess and Reconvened the
Meeting at 10:53 p.m.
An Appeal on the Decision of the Planning Commission re:
installation of rebounders was noted. The Staff Report was also
noted and further explained by Planning Director Dorn.
Motion was made by Councilman Gage seconded by Councilman
Mussallem and carried that a rebounder be redefined as a
structure, upholding the appeal. Couuncilmembers: Kloecker and
Palmerlee voted "no" on the motion.
City Engineer Allen presented and explained a proposed
underground utility ordinance for consideration which included
itemspreviously discussed by Council.
Motion was made by Councilman Mussallem seconded by
Councilman Kloecker and carried that the proposed ordinance be
introduced and published by title and summary.
The Mayor asked if there was anyone in the audience wishing
to speak on any matter not on the agenda.
Xmas St.
Decorations
Bldg.Bd.
of Appeals
Subcom.
So.Co.Flood
Control Adv.
Com. Rep.
IGC re:
Ballot Meas.
Earth Day
proj.
Res.89-49
!;701
V /1
Dr. Philip Buchannan, 7440 Miller Avenue, representing the
Chamber of Commerce Christmas Decoration Committee, addressed the
Council requesting City street tree crews to install the
Christmas lights and decorations.
Motion was made by Councilman Palmerlee seconded by
Councilman Gage and carried that the matter of installation of
Christmas decorations be acted upon at this meeting as an
emergency item.
Motion was made by Councilman Gage seconded by Councilman
Valdez and carried that the request of the Chamber of Commerce
Christmas Decoration Committee for the City to install the
Christmas lights and decorations be approved with the provision
that the Chamber pursue every effort to obtain P. G. & E. crews
or other contractors with required equipment to assist in this
project.
The Mayor asked if there was anyone further in the audience
wishing to speak on any matter not on the agenda.
Mr. Russ Hendrickson, 7730 Hanna Street, Operator of the
City Hall Restaurant addressed the Council and inquired about
Council action regarding the handicap access requirement. It was
noted that his business could proceed during the interim period
while the City is determining what type of handicap access will
be provided.
Mrs. J. Chris Dowell, 735 Williamsburg Way, addressed the
Council thanking the City for cooperation in removing the
loiterers behind the Visitor's Bureau Office.
The recommendation for a Building Board of Appeals for a
Separate Handicap Advisory Council was noted. The Mayor noted an
Advisory Board would be appointed comprised of two contractors
from the Building Board of Appeals, two handicap persons and one
member from the general public.
Motion was made by Councilman Mussallem seconded by
Councilman Kloecker and carried that a Building Board of Appeals
Advisory Council be established as recommended.
Motion was made by Councilman Kloecker seconded by Council-
man Gage and carried that Councilman Mussallem be reappointed as
the City's Representative on the South Flood Control Zone
Advisory Committee and Norman S. Allen, City Engineer as Alter-
nate for the term October 1, 1989 to October 1, 1990.
Motion was made by Councilman Kloecker seconded by Mayor
Hughan and carried to support Planning and Conservation League
Ballot Measure Rail Bond Initiative requested by the Santa Clara
Intergovernmental Council.
Noted a request of City of San Jose Mayor McEnery regarding
Global Cities Project of Earth Day 1990. Council took no action
on same.
Noted request of Assemblywoman Delaine Eastin for procuring
recycled products and consideration of a model local ordinance.
Motion was made by Councilman Kloecker seconded by Council-
man Palmerlee that the reading of Resolution No. 89-49 be waived
and that it be adopted in support of the concept regarding
recycled products and local ordinance.
RESOLUTION 89 - 49
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY SUPPORTING
ASSEMBLY BILL 4 FOR THE PROCUREMENT OF RECYCLED GOODS BY STATE
AGENCIES.
PASSED AND ADOPTED this 2nd day of October, 1989, by the
following vote:
AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM,
PALMERLEE VALDEZ and HUGHAN
COUNCILMEMBERS: None
COUNCILMEMBERS: None
NOES:
ABSENT:
5792
P.& R.Com.
9-19-89
Bldg.Bd. of
Appeals
Country Est.
Venture
The following informational items were noted with no
separate discussion on same:
Commissioners and Advisory Board Members Terms Expiring
January 1, 1990 for Appointment December 18, 1989. Council set
November 3, 1989 as the deadline to apply for Commission
vacancies;
Joint Powers Sewer Advisory Committee request of City of
Morgan Hill re: Alternatives in the Wastewater Five Year Plan;
ABAG "Drug Abuse and Education: Impacts on Local
Governments";
JPA Letter to County re: Septage Disposal;
County of Santa Clara Advance Planning Office Info. Issue
#89-6 and June 1989 and Issue #89-7 July 1989);
State Department of Transportation re: Stage I Project Work
Program Report re: Construction of a Weigh Station;
County of Santa Clara Department of Planning & Development
re: General Plan Amendment to Expand the San Martin Commercial
Use Permit Area re: Camping World;
County of Santa Clara Department of Planning & Development
re: San Martin Commercial Uses, General Plan Amendment Response
to comments; and
Monthly Cash and Investments Report, August 31, 1989.
Noted the Minutes of the Parks & Recreation Commission
Meetingof September 19, 1989.
Noted the Minutes of the Senior Advisory Board Meeting of
August 15, 1989.
Noted the Minutes of the Library & Culture Commission
Meeting of August 8, 1989;
Noted the Minutes of the Gilroy Golf Course Advisory Board
Meeting of August 15, 1989.
Noted the Minutes of the Building Board of Appeals Meeting
of September 18, 1989.
Noted Country Estates Venture re: Model Homes. (A/s 89-37
Pyramid Homes) further explained by Planning Director Dorn that
samewould be acted upon by the Planning Commission October 5,
1989; presented to Council at this time for information.
Discussion was had by Council on the matter.
David Sanchez, Partner/Developer, addressed the Council and
explained the reason for contracting with Pyramid Homes for the
Project.
Discussion was had regarding fire resistant roofing
material v. non-combustible roofing material requirement.
Planning Director Dorn noted that Staff has required non-
combustible material for roofing in all hillside developments.
Discussion was had regarding Stipulation No. 17 Sprinkler
requirements in A/S 89-37 application. Motion was made by
Councilman Mussallem seconded by Councilman Hale to delete
Stipulation No. 17, failing by the following Vote: Ayes:
Councilmembers: Hale and Mussallem; Noes: Councilmembers: Gage,
Kloecker, Palmerlee and Valdez.
Motion was made by Councilman Kloecker seconded by
Councilman Palmerlee and carried to reconsider introduction of
the proposed ordinance requiring installation of sprinklers in
residential hillside designations with discussion and
Res.89-50
Water Update
Adjrnmt.
Res.89-51
S7,.C-)!,
........ ,;' "-
presentation of pros and cons on options regarding requlrlng
sprinklers in residential hillside development (alternative fire
protection strategies i.e. multiple sprinklers, supervised
sprinklers, multiple smoke alarms in certain location, supervised
smoke alarms, exterior alarm smoke alarms, lesser number of
sprinkler heads maybe in high probability fire areas, such as
kitchen or garage where there is a heater or exit-way, or
whatever might be determined to be a lesser number of heads but
partial sprinklers) at a Special Meeting of the Council on
October 12, 1989 at 7:30 p.m. Councilmembers: Gage, Hale and
Mussallem voted "no" on the motion.
Councilman Mussallem requested that all costs including
public safety fees and sprinkler system costs be included in the
presentation.
Councilman Kloecker suggested that the ordinance be written
to allow the owner of a house to choose from a series of
acceptable options.
Council recommended that the Planning Commission be given
direction to separately consider the change in character of the
project from custom lots to tract housing and under what
conditions, entirely, partially, or any other possibility.
City Administrator Baksa presented a resolution updating
the terms and conditions for sewer and water capacity
allocations.
Motion was made by Councilman Gage seconded by Councilman
Hale that the reading of Resolution No. 89-50 be waived and that
it be adopted.
RESOLUTION NO. 89 - 50
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY UPDATING TERMS
AND CONDITIONS FOR SEWER AND WATER CAPACITY ALLOCATIONS.
PASSED AND ADOPTED this 3rd day of October, 1989, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GAGE, HALE, KLOECKER,
PALMERLEE, VALDEZ and
None
None
MUSSALLEM,
HUGHAN
City Administrator Baksa gave an update on water
conservation.
Noted the City/School Liaison Committee Meeting scheduled
for October 4, 1989 may be cancelled.
Noted the League of Women Voters of Santa Clara Water
Forum, October 13, 1989 at Moffett Field Commissioned Officers'
Club, 8:15 a.m. to 3:00 p.m.
Noted the State Department of Transportation Information
Meeting, October 11, 1989 - 7:00 p.m. - Gilroy Council Chambers.
At 12:50 a.m. the Mayor adjourned the meeting to a Closed
Session re: Personnel Matters and in accordance with Section
54957 of the Government Code.
At 1:15 a.m., October 3, 1989, the Mayor reconvened the
regular meeting.
Motion was made by Councilman Gage seconded by Councilman
Kloecker that the reading of Resolution No. 89-51 be waived and
that it be adopted establishing salaries for the City
Administrator and City Attorney.
RESOLUTION NO. 89 - 51
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING
THE 1989-1990 SALARIES FOR THE CITY ADMINISTRATOR AND CITY
ATTORNEY.
5794
Adjrnmt.
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PASSED AND ADOPTED this 3rd day of October, 1989, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GAGE, HALE, KLOECKER,
PALMERLEE, VALDEZ and
None
None
MUSSALLEM,
HUGHAN
At 1:20 a.m., October 3, 1989 the Mayor adjourned the
meeting.
4. R=~~:d~......__.
City Clerk