Minutes 1991/04/01
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Posting
Notice
& Agenda
Roll Call
Hearing
Sandrino's
Consent
Calendar
Minutes
Budget
Ord.91-7
Adjourned Continued Special and
Regular Meeting
April 1, 1991
Gilroy, California
At 5:30 p.m. the Mayor announced that it was the time and
place scheduled for the Adjourned Continued Special Meeting
regarding Sandrino's Hearing to consider revocation of a City of
Gilroy Dance Hall Permit and on appeal of the denied renewal
application of a regulatory bar permit issued to Sandrino's; that
the hearing would be adjourned sine die at 7:00 p.m. to the
regular Council Meeting until 7:30 p.m. and at that time there
would be a thirty minute break and the Hearing would continue at
8:00 p.m.
The City Clerk reported that the Notice of the Adjourned
Continued Special Meeting was posted on March 27, 1991 at 6:48
p.m. and that the Agenda for the April 1, 1991 meeting was posted
on March 28, 1991 at 8:56 a.m.
Present: Councilmembers: Donald F. Gage, Leonard A. Hale,
Paul V. Kloecker, Larry Mussallem, Sara C. Nelson, Pete Valdez,
Jr. and Roberta H. Hughan;
The Mayor called upon Donald Tenebaum, Attorney for
Sandrino's Restaurant to give his presentation.
Mr. Donald Tenebaum, addressed the Council and renewed his
objections made on March 26, 1991 in regard to the conduct of the
hearing. He called upon Sandra Larson who testified on behalf of
Sandrino's Restaurant.
City Administrator Baksa cross-examined Sandra Larson and
Council further asked questions of Mrs. Larson.
At 7:00 p.m. the Mayor announced that the regular meeting
would be delayed until after Council completed their questions of
Mrs. Larson.
At 7:42 p.m. the Mayor adjourned the Special Meeting sine
die and declared a Recess and Convened the Regular Meeting at
7:48 p.m.
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, Nelson, Valdez and Hughan;
(The Mayor noted that the Public Works Department requested
that Country Estates 187-26 be removed from Item "G" of the
Consent Calendar and that Oak Tree Plaza #90-33 be corrected as
Oak Tree Terrace 190-33.)
Approved the Minutes of the Regular Council Meeting of
March 18, 1991;
Approved Budget Amendments/Transfers as recommended;
Adopted Ordinance No. 91-7 Authorizing an Amendment to the
Contract between the City of Gilroy and the Board of
Administration of the California Public Employees' Retirement
System (PERS);
Dev.Agree.
Claim-
Van Winkle
Imprvrnts.
Contd.P.H.
Numerical
Limits
Pub.Hear.
Maint.
Dist.I1
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ORDINANCE NO. 91 - 7
AN ORDINANCE OF THE COUNCIL OF THE CITY OF GILROY AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF
GILROY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM.
PASSED AND ADOPTED this 1st day of April, 1991 by the following
vote:
AYES:
COUNCILMEMBERS:
GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ and HUGHAN.
None
None;
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
Approved the following Development Agreements: Valley West
Corp. - $90-63; Robert Mann Packaging, *91-01; and Obata Brothers
- $91-06;
Adopted Ordinance No. 91-8 Rezoning from Open Space, Two
Family Residential and Medium Density Residential PUD District to
R3PUD on 3.5 acres and R3 to OS on 6.5 acres for property north
of Thomas Road Bridge, West of San Antonio Court, Coast Range
Development Company and City of Gilroy, Applicants, Z 90-08;
ORDINANCE NO. 91 - 8
ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING OROINANCE OF
SAID CITY BY REZONING 3.5 ACRES FROM OS (OPEN SPACE), R2 (TWO
FAMILY RESIDENTIAL) AND R3 (MEDIUM DENSITY RESIDENTIAL) DISTRICTS
TO R3-PUD (MEDIUM DENSITY RESIDENTIAL PLANNED UNIT DEVELOPMENT)
DISTRICT AND 6.5 ACRES FROM R3 (MEDIUM DENSITY RESIDENTIAL)
DISTRICT TO OS (OPEN SPACE) DISTRICT LOCATED NORTH OF THOMAS ROAD
BRIDGE AND WEST OF SAN ANTONIO COURT.
PASSED AND ADOPTED this 1st day of April, 1991 by the following
vote:
AYES:
COUNCILMEMBERS:
GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ and HUGHAN.
None
None;
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
Denied Claim of Ida Patricia Van Winkle, as recommended;
Accepted Improvements for the following: Oak Tree Terrace
190-33; Gary Walton 190-39 and Goldsmith Seeds Water Connection
as recommended.
The Mayor stated that it was the time and place scheduled
for the Public Hearing to Establish Numerical Limits of Dwelling
Units to be permitted under the requirements of the Residential
Development Ordinance for 1992, 1993 and 1994 and recommended
that the hearing be continued to June 3, 1991 to allow for any
changes to be made under the Residential Development Ordinance.
City Administrator Baksa further explained the matter.
Motion was made by Councilman Kloecker seconded by Councilman
Gage and carried that the Public Hearing to Establish Numerical
Limits of Dwelling Units to be permitted under the Residential
Development Ordinance be continued to the June 3, 1991 regular
meeting.
The Mayor stated that it was the time and place scheduled
for the Public Hearing to Consider Resolution of Intention to
Form Maintenance District No. 1 and the Engineer'S Report.
City Administrator Baksa further explained the proposed
Maintenance District No.1.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposal. There was no comment from
anyone in the audience. The Mayor closed the Public Hearing.
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Res.91-19
& 91-20
Res.91-21
Goldsmith
Seeds, Inc.
Motion was made by Councilman Kloecker seconded by
Councilman Gage that the reading of Resolution No. 91-19 be
waived and that it be adopted.
RESOLUTION NO. 91-19
RESOLUTION OVERRULING PROTESTS, ORDERING THE FORMATION OF
MAINTENANCE DISTRICT No. 1 AND ORDERING THAT THE ALTERNATIVE
METHOD FOR THE LEVY OF BENEFIT ASSESSMENTS BE MADE APPLICABLE
THERETO.
PASSED AND ADOPTED this 1st day of April, 1991, by the following
vote:
AYES:
COUNCILMEMBERS:
GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ and HUGHAN.
None
None
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
Motion was made by Councilman Kloecker seconded by
Councilman Gage that the reading of Resolution No. 91-20 be
waived and that it be adopted.
RESOLUTION No. 91-20
RESOLUTION OVERRULING PROTESTS AND APPROVING, CONFIRMING AND
ADOPTING ENGINEER'S REPORT FOR THE FISCAL YEAR 1991-92 -
MAINTENANCE DISTRICT NO.1.
PASSED AND ADOPTED this 1st day of April, 1991, by the following
vote:
AYES:
COUNCILMEMBERS:
GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ and HUGHAN.
None
None
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
City Administrator Baksa presented and explained a
Resolution adopting new license fees pursuant to Chapters 13 and
16A of the Gilroy City Code recommendation adoption of same.
Motion was made by Councilman Gage seconded by Councilman
Hale that the reading of Resolution No. 91-21 be waived and that
it be adopted regarding new license fees pursuant to Chapters 13
and 16A of the Gilroy City Code as presented.
RESOLUTION NO. 91-21
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING LICENSE
FEES PURSUANT TO CHAPTERS 13 AND 16A OF THE GILROY CITY CODE.
PASSED AND ADOPTED this 1st day of April, 1991, by the following
vote:
AYES:
COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
GAGE, HALE,
and HUGHAN.
None
NELSON
KLOECKER, MUSSALLEM, VALDEZ
The Mayor asked if there was anyone in the audi~nce wishing
to speak on any matter not on the agenda. There was no comment
from anyone in the audience.
A request of Goldsmith Seeds, Inc. for a Sewer Connection
was noted and further explained by City Administrator Baksa.
Motion was made by Councilman Mussallem seconded by
Councilman Gage and carried that the request of Goldsmith Seeds,
Inc. for a Sewer Connection be approved as presented and
recommended.
The following meetings were noted:
Joint Gilroy/Morgan Hill City Council Social, April 2, 1991
- 6:00 p.m. - 8:00 p.m., Golden Oak Restaurant, Morgan Hill.
Gilroy Planning Commission Regular Meeting, April 4, 1991
previously cancelled has been reinstated and scheduled to meet on
that date at 7:30 p.m.
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Gilroy city Council Special Meeting of April 8, 1991,
Gilroy City Council Chambers re: Water Conservation Program and
Award of Bids. (Councilman Mussallem noted that he would not be
able to attend.)
Gilroy City Council Study Session, April 16, 1991, 7:30
p.m., re: Satellite Reclamation Plants, Council Chambers.
Gilroy City Council/Planning Commission Joint Study Session
- April 22, 1991, 7:00 p.m., re: Residential Development
Ordinance - RDO, Council Chambers.
Gilroy Planning Commission Annual Retreat, May 4, 1991 -
8:00 a.m. to 5:00 p.m., country Rose Inn, Gilroy.
Annual City Council/Commission/Employee Barbecue, August
17, 1991 - 4:30 p.m. to 11:00 p.m., Christmas Hill Park.
Set April 8, 1991 - 7:00 p.m., as a Closed Session of the
Council re: Existing Litigation - Larson v. Gilroy, Planning
Conference Room.
At 8:04 p.m. the Mayor adjourned the regular meeting and
noted that there would be a break until 8:35 p.m. when the
adjourned continued Special Meeting would continue.
At 8:35 p.m. the Mayor continued the Special Meeting.
Mr. Donald Tenebaum, Attorney for Sandrino's Restaurant
called upon the following witnesses who spoke on behalf of
Sandrino's:
Kimberly Lynch, Vice-President of Bob Lynch Ford;
Stan Sotelo, Beauty Operator;
Joyce Patereau; Co-Owner of Gilroy Travel at 445-1st
Street, Gilroy;
Dr. Robert Kennedy.
The witnesses were cross-examined by City Administrator
Baksa. He gave his closing statement and recommended that the
Regulatory Bar Permit not be issued and that the Dance Permit be
revoked at Sandrino's Restaurant.
Mr. Donald Tenebaum, Attorney, gave his closing statement.
The Mayor closed the Hearing and declared a recess. At
10:20 p.m., the Mayor reconvened the Special Meeting. Discussion
was had by Council on the matter.
Motion was made by Councilman Valdez seconded by Councilman
Kloecker and carried by the following Roll Call vote to uphold
the decision of the City Administrator and deny renewal of the
regulatory Bar Permit of Sandrino's: Ayes: Councilmembers: Gage,
Hale, Kloecker, Mussallem, Valdez and Hughan; Noes:
Councilmember: Nelson.
Motion was made by Councilman Kloecker seconded by
Councilman Valdez and carried by the following Roll Call vote to
revoke the Dance Hall Permit of Sandrino's Restaurant as
recommended: Ayes: Councilmembers: Gage, Hale, Kloecker,
Mussallem, Valdez and Hughan; Noes: Councilmember: Nelson.
The City Attorney noted that the Council action taken could
not be enforced until the Judge makes his ruling at the April 9,
1991 hearing in Superior Court, regarding the Temporary
Restraining Order and Preliminary Injunction.
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Adjrnmt.
At 10:47 p.m. the Mayor adjourned the Special Meeting.
Respectfully submitted,
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City Clerk ~