Minutes 1989/11/20
5808
Posting
Agenda
Roll Call
Regular Meeting
November 20, 1989
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag at 8:01
p.m.
The City Clerk reported that the Agenda had been posted on
November 16, 1989 at 3:05 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.
Invocation '
Intro.New
Emp.
Emp.Award
Consent
Calendar
Minutes
Amer.Cancer
i:>v....~"'--y
Res.89-60
Res.89-61
Budget
Martin
Amdmnt.
~,;
Election
11-7-8'3
Res.89-62
5809
The Im, _c,-cion, was given by The Reverend Sandy Shoemaker,
Sonlife Foursquare Fellowship.
The Mayor introduced the followinrr new Employees: Bruce
Giberson, Maintenance I - Water Depa.' ; Theresa Hernandez, Clerk
Typist I - P~lblic Works Department; and Philip Valenzuela, Personnel
Director.
The Mayor preb~nted the Employee of the Month Award for the
Month of October, 1989 to Larry James, Chief Building Inspector.
Motion was- made by Councilman Ga..."" '~":GcnC'\ ,2 by Councilman
K" .,;h..,L' ":tlat the following items under the Consent Calendar be
app\~Qved by the following Roll Call Vote: Ayes: Councilmembers:
Gage, Hale, Kloecker, MussaJlem, Palmerlee, Valdez and Hughan;
Approved the Minutes of the Regular Council Meeting of
:November 6, 1989;
Approved waiver of a Municipal Business License for the
American Cancer Society for. their Annual Solicitation Drive;
Adopted Resolution No. 89-60 Honoring Francisco Castro, Public
Works Maintenance II, Retired;
L;l~uLUTION NO. 89 - 60
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY COMMENDING
SERVICES OF MR., FRANCISCO CASTRO, PUBLIC ,WORKS MAINTENANCE II.
PASSED AND ADOPTED th~s 20th day of November, 1989, by the following
vote:
AYES:
COUNCILMEMBERS:
GAC.8, HALE, KLOECKER, MUSSALLEM,
PAI,MERLEE, VALDEZ and HUGHAN
None
None
NOES:
ABSENT:
COUNCILMEMBFT' ,
COUNCILMEii:L.,
Adopt,ed;-'.esolution No. 89-61 Proclaiming Termination of Period
of Disaster re: OCtobb~ 17, 1989 Earthquake;
RESOLUTION NO. 89 - 61
RESOLUTfON OF THE COUNCIL OF THE CITY OF GILROY - PROCLAMATION OF
TEr-l.l~itJAT WN OF PERIOD OF DL ,STER.
PASSED AND ADOPTED this 20th day of November, 1989, by the following
vote:
AYES:
COUNCILMEMBERS: GAGE, HALE, KLOECKER" MUSSALLEM,
PALMERLEE, ,VALDEZ and HUGHAN
COUNCILMEMBEPS: None
COUNCILMEMBER:;: None
NOES:
ABSENT:
Approved Bu;
t: Amendments and Transfers as recommended.
Ci ty Administrator Baksa. gave an update on the Martin
AmenG:.lent.
Directed Councilman Kloecker and Planning Director Dorn to
revise the proposed leth-~ to the Board of Supervisors, sending same
to each i.ndivicual :'0.;-;. :_; i.!:>o~ t'o stat,e every instance where this
application is ir: conilic~ with +-l)eGeneral Plan and the policies of
the So~~h County F~anning COlnmittee and submit same to COuncil for
'their approva 1 0,3 ::"t:'-"'}.oGnded by Councilman Kloecker.
Noted the Official Canvass of the Registrar of Voters for
the Nov~mber '. 1989 Special ~unicipal Election.
Motion was made by Councilman Mussallem seconded by Councilman
Kloecker that the Leading of Resolution No. 89-62 be waived and that
it be adopted.
58'} 0
RESOLUTION NO. 89 - 62
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 A CONSOLIDATED SPECIAL MUNICIPAL ELECTION AND DECLARING
RESULT OF SUCH ELECTION HELD IN THE CITY OF GILROY ON NOVEMBER 7,
1989.
RESOLVED, by the City Council of the City of Gilroy,
California that
WHEREAS, by order of this Council a general municipal election __
and a consolidated special election were held and conducted in the
City of Gilroy on Tuesday, the 7th day of November, 1989 as required
by law and the Charter of said City as amended;
WHEREAS, it appears that notice of said general municipal
election and consolidated 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 election 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 7, 1989 in the
time and in the form and manner as required by law.
2. That there were established twelve (12) 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, comprising state and county
precinct designated Precinct Number 3951 as established by the Santa
Clara County Board of Supervisors.
CONSOLIDATED PRECINCT NO. 3953, comprising state and county
precinct designated Precinct Number 3953 as established by the Santa
Clara County Board of Supervisors.
CONSOLIDATED PRECINCT NO. 3954, comprising state and county
precinct designated Precinct Number 3954 as established by the Santa
Clara County Board of Supervisors.
CONSOLIDATED PRECINCT NO. 3955, comprising state and county
precinct designated Precinct Number 3955 as established by the Santa
Clara County Board of Supervisors.
CONSOLIDATED PRECINCT NO. 3960, compr~s~ng 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
precinct designated Precinct Number 3961 as established by the Santa
Clara County Board of Supervisors.
581 -:
CONSOLIDATED PRECINCT NO. 3963, comprising state and county
precinct designated Precinct Number 3963 as established by the Santa
Clara County Board of Supervisors.
CONSOLIDATED PRECINCT NO~ 3964, comprising state and county
precinct designated Precinct Number 3964 as established by the Santa
Clara County Board of Supervisors.
CONSOLIDATED PRECINCT NO. 3970, comprising state and county
precinct designated Precinct Number 3970 as established by the Santa
Clara County Board of Supervisors.
CONSOLIDATED PRECINCT NO. 3979, comprising state and county
precinct designated Precinct Number 3979 as established by the Santa
Clara County Board of Supervisors.
CONSOLIDATED PRECINCT NO. 3980, comprising state and county
precinct designated Precinct Number 3980 as established by the Santa
Clara County Board of Supervisors.
CONSOLIDATED PRECINCT NO. 3981, comprising state and county
precinct designated Precinct Number 3981 as established by the Santa
Clara County Board of Supervisors.
3. The canvass of the results of the votes cast and the
counting of absentee ballots cast in said City for the office of
City Councilmembers and Referendum Measure B 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
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 4,448 (including 347 absentee votes).
5. The names of the persons voted for, the offices for which
they were voted, the number of votes received by each said persons
in each of said precincts and by absentee votes, are shown on said
Exhibit "A", hereto attached.
6. 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.
7. At said general municipal election and consolidated
special election held in the City of Gilroy on November 7, 1989, the
following persons were elected to the following offices:
DONALD F. GAGE was elected a member of the City Council to
hold office for a term of four years, from and after Monday,
November 20, 1989, and continuing until his respective successor
shall qualify.
PETE VALDEZ, JR. was elected a member of the City Council to
hold office for a term of four years, from and after Monday,
November 20, 1989, and continuing until his respective successor
shall qualify.
SARA C. NELSON was elected a member of the City Council to
hold office for a term of four years, from and after Monday,
November 20, 1989, and continuing until her respective successor
shall qualify.
8. At said municipal election the following measure was
defeated:
:181 2
REFERENDUM AGAINST ORDINANCE NO. 89-12
SHALL ORDINANCE NO. 89-12 ADOPTING A YES
COMMUNITY REDEVELOPMENT PLAN PURSUANT TO THE
LAW OF THE STATE OF CALIFORNIA, BE ADOPTED? NO
9. 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.
10. 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 and consolidated
special municipal election.
PASSED AND ADOPTED this 20th day of November, 1989, by the following
vote:
AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, PALMERLEE,
VALDEZ and HUGHAN.
NOES: COUNCILMEMBERS: None
APPROVED:
/s/ ROBERTA HUGHAN, Mayor
ATTEST: /s/ SUSANNE E. STEINMETZ, 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 on November 7, 1989 a General Municipal Election and a
Consolidated Special Election were held in the CITY OF GILROY for
the purposes of electing three Members to the City Council, and for
submitting Referendum Measure B to the voters of said City, to wit:
Shall Ordinance No. 89-12 adopting a community Redevelopment
Plan pursuant to the Law of the State of California, be
adopted?
That the results of said Election were canvassed by the Office
of the Santa Clara County Registrar of Voters in accordance 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 votes cast for each candidate in
said City of Gilroy, and in each of the respective precincts; and
the whole number of YES and NO votes cast for and against said
Measure B in said City, and in each of the respective precincts, and
that the totals shown are full, true and correct.
WITNESS my hand and Official Seal this 14th day of November,
1989.
/s/ GEORGE A. MANN,
Registrar of Voters
SEAL
r' 8 ,'1 7
"'" ' '"
~~, I .;.....l
CONSOLIDATED ELECTIONS, November 7, 1989
CITY OF GILROY - COUNCILMEMBER - REFERENDUM MEASURE B
G R R
I E E
L D D
R E E
R 0 V V
G I Y E E
I C D L L
1 A A R 0 0
R R N E P P
0 P D I F M M
YV E 0 R E R E E E
o T A L S 0 D R N N
R B CT E Y A A 0 E V T T
E A IE R D R R N N 0
G L T V I C A K A D T P P
I L YF A C E P L U E L L
S 0 o L K P D A C W D M A A
T T T CR D E L F N N
R S U 0 E T P M N C F M 0
A R UT Z M E U E E 0 E R
T C N NH - E R T R L 0 G A
I A 0 CR L S M L S P A S 0 Y
0 S U IE J L 0 A E 0 E G N E N
N T T LE R 0 N N E N R E B E S 0
3951 952 325 34.1 140 141 43 13 100 181 131 142 92 218
3953 1180 498 42.2 242 163 39 21 216 250 164 253 161 320
3954 808 196 24.3 86 59 37 21 80 101 61 84 93 96
3955 1309 427 32.6 215 139 42 26 211 166 120 265 198 208
3960 867 270 31.1 150 75 32 25 161 122 40 185 145 122
3961 719 229 31.8 88 130 21 9 41 141 102 64 48 164
3963 908 222 24.4 80 133 18 7 29 155 129 61 26 183
3964 1249 460 36.8 281 128 33 29 249 166 104 296 256 196
3970 1410 363 25.7 171 167 36 15 121 186 137 161 97 251
3979 1039 434 41.8 217 108 58 14 233 175 96 288 204 220
3980 1170 298 25.5 137 132 38 14 123 158 89 132 92 198
3981 1236 379 30.7 196 94 49 38 220 145 79 233 197 179
Abs .12847 347 2.7 144 149 52 21 112 201 114 151 105 227
Tot. 12847 4448 34.6 2139 1618 498 253 1896 2137 1366 2315 1714 2582
The Mayor adjourned the meeting Sine Die.
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 Councilman Palmer lee. Councilman palmerlee gave his
farewell speech.
Roll Call
Present: Councilmembers: Donald F. Gage, Leonard A. Hale, Paul
V. Kloecker, Larry Mussallem, Sara C. Nelson, Pete Valdez, Jr. and
Roberta Hughan.
Mayorprotem
Motion was made by Councilman Mussallem seconded by Councilman
Gage and carried that Councilman Kloecker be appointed Mayor
Protempore from December 1, 1989 to August 1, 1990.
URM Ord.
A Report on Senate Bill #547 and a proposed Unreinforced
Masonry Ordinance was noted and further explained by Chief Building
Inspector James.
Mr. James Russell, Civil Engineer-San Francisco, addressed the
Council further explaining the proposed ordinance requirements.
Mr. Kurt B. Anslinger, Downtown Property OWner, Los Gatos
resident, addressed the Council noting that he concurs with the
proposed ordinance.
:; 81 4
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.
Motion was made by Councilman Hale seconded by Councilman
Kloecker and carried that the proposed Unreinforced Masonry
Ordinance be introduced with modifications to include the City to
receive verification from the property owners that their tenants
were notified.
Councilman Kloecker requested a list of buildings, owners and
tenants to be submitted to Council at the next regular meeting for
informational purposes.
Downtown Dev. Mr. Kurt B. Anslinger, Los Gatos, addressed the Council
regarding Downtown Old Gilroy requesting a commitment from the City
Council whether or not the City intends to develop Downtown Gilroy
in lieu of allowing new shopping center development.
Outlet Ctr.
The Mayor noted an Appeal of Darrel E. Kelly on the decision
of the Planning Commission granting a special sign permit to Outlet
Center Sign.
The Staff Report was noted and further explained by Planning
Director Dorn.
Mr. Darrel Kelly, Appellant, addressed the Council and further
explained his appeal.
Mr. Jack Anderson, partner of Outlet Center Sign, addressed
the Council explaining the reasons for the requested special sign
permit, specifically that the size required to enable south bound
traffic the ability to read the sign prior to the interchange.
Mr. Tim Filice, representing South Point Industrial Park,
addressed the Council, noting the special sign permit would also
allow advertising his businesses east of the freeway without
requiring single signing for each tenant at their location.
Heard from the following persons from the audience:
Mr. Kurt Anslinger, concurring with the appeal.
Mr. Miguel Paredes, concurring with the appeal.
Mr. Anthony Andrade noting the special sign permit requested
being in conformance with the sign ordinance regulations.
Mr. Cal Ashford, owner of Western Auto, opposed to the request
for the special sign permit.
Mr. Tim Filice, addressed the Council, noting that the South
Point Industrial Park would remove their request to include the one
sign on the Outlet Center Sign and provide for their individual
signing of their properties if same will jeopardize the Special Sign
Permit request of Outlet Center Sign.
Motion was made by Councilman Kloecker that a 250 sq. ft. sign
and 75 ft. height as indicated in the Staff Report be allowed Outlet
Center Sign. Motion died for lack of a second.
Motion was made by Councilman Gage seconded by Councilman
Valdez and carried that an eighty-five foot height for the one sign
of Outlet Center Sign be allowed to include signing of Outlet Center
and the properties of South Point Industrial Park on the same sign.
Councilman Kloecker voted "no" on the motion.
Motion was made by Councilman Valdez seconded by Councilman
Gage that a five hundred square foot sign be allowed to accommodate
all of the above properties. Councilmembers: Kloecker and Hughan
voted "no" on the motion.
Housing Task
Force
Old City
Hall
Recycl.
5815
City Administrator Baksa noted and explained the recommenda-
tion for a Housing Task Force.
Motion was made by Councilman Kloecker seconded by Councilman
Mussallem and carried that staffing for a Housing Task Force be
authorized as recommended.
A request of Russell Hendrickson, Old City Hall Restaurant
Lessee's Proposal for reconsideration of his original request was
noted.
The Staff Report was noted and further explained by City
Administrator Baksa and Planning Director Dorn.
Mr. Hendrickson, 7730 Hanna Street, Lessee, addressed the
Council further explaining his request.
Motion was made by Councilman Gage seconded by Councilman
Kloecker and carried that authorization be given to purchase the
fixed assets at the Old City Hall Restaurant Building at $100,000.00
or less to be determined by an appraisal for said fixtures, per the
contract.
Council took no action on the request to purchase the Old City
Hall Restaurant Business.
A Resolution of the Marin County Council of Mayors and
Councilmembers was noted in support and urging earthquake relief
funding for affected Counties.
A request of Mr. W. Robert Morgan was noted for annexation of
approximately 120 acres of property located at 9500 New Avenue (Red
Fox Stables).
Mr. Morgan addressed the Council further explaining his
request.
Council took no action on same and gave Mr. Morgan no
encouragement to annex his property at this time, since the property
is presently not in the City of Gilroy's sphere of influence.
The following informational items were noted with no separate
discussion on same:
South Valley Hospital in appreciation;
Santa Clara Ranger Unit, State Department of Forestry & Fire
Protection in appreciation;
Gilroy Chamber of Commerce in appreciation;
Gilroy Drug Abuse Prevention Council in appreciation;
Congressman Tom Campbell in appreciation;
Police Department Employee of the Month of September, 1989,
Detective Romeo Dekelaita;
Applications for Personnel and Parks & Recreation Commission
appointments;
Proclamations Issued by Mayor Hughan: Gilroy Hispanic Chamber
of Commerce Honoring Gilroy Foods, Inc. - November 18, 1989; Family
Week - November 19-25, 1989; Adoption Week - November 19-25, 1989;
and
Gilroy Visitors' Bureau Minutes for September 1989 and
Financial Statements for September and October, 1989.
Councilman Kloecker requested that an up-date on the Recycling
Committee be agendized for the December 4, 1989 Regular Council
Meeting, noting that the recycling program is proposed to begin.
after January 1, 1990.
5816
JPA
League
Conf.
EOP
Council
Retreat
Adjrnmnt.
Councilman Gage requested that an up-date on the JPA Committee
be agendized on all future Council agendas.
City Administrator Saksa noted the League of California Cities
Annual Conference in San Francisco rescheduled for December 17-19,
1989. Councilman Gage noted that he may attend and Councilmembers:
Hale and Valdez noted that they would confirm whether or not they
would be able to attend.
Council agreed to continue the regular Council Meeting of
December 18, 1989 to Wednesday, December 20, 1989.
Council appointed Councilman Kloecker as the Alternate
Delegate at the Annual League of California Cities Conference.
City Administrator Saksa distributed excerpts from the
Emergency Operation Plan to Council for information.
City Administrator Saksa gave an up-date on the first phase of
the FEMA audit for the earthquake damage.
City Administrator Saksa gave an up-date on televising Council
Meetings.
Council concurred with scheduling of a Council Retreat for
February 1990 with Mr. David Jones, Consultant.
Councilman Gage requested that the City begin any computer
process required in the event further water rationing is required.
City Administrator Saksa noted that same would be agendized for the
December 4, 1989 Regular Council Meeting.
Councilman Gage inquired of the City'S policy regarding
occupancy requirements for businesses.
At 10:53 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
4~~.~~