Minutes 1991/10/07
Posting
Agenda
Roll
Call
Intro.New
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Regular Meeting
October 7, 1991
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag at 7:00
p.m.
The City Clerk noted that the agenda had been posted on
October 3, 1991 at 10:02 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 introduced new employees: Albert Signorotti,
Engineering Tech I and David Jackson, Information Systems
Technician.
4;0:).-1:
Consent
Calendar
Minutes
Budget
Ord.91-21
Res.91-59
Claim-
Saldana
Cablecast
Claim-
Woollons
Imprvrnts.
Dev.Agree.
Res.91-60
Motion was made by Councilman Gage seconded by Councilman
Kloecker that the following items under the Consent Calendar be
approved as recommended by the following Roll Call Vote: Ayes:
Councilmembers: Gage, Hale, Kloecker, Mussallem, Nelson, Valdez
and Hughan;
Approved the minutes of the Regular Council Meeting of
September 16, 1991;
Approved Budget Amendments/Transfers as recommended;
Adopted Ordinance No. 91-21 Amending Zoning Ordinance Map
from C2-HS (Historic Site) to C2-HN (Historic Neighborhood)
Designation on approximately 10,500 sq. ft., located at the
southeast corner of Monterey and Lewis Streets, Z 91-5;
OROINANCE NO. 91 - 21
AN OROINANCE OF THE CITY OF GILROY APPROVING REZONING REQUEST NO.
Z 91-5 AND CHANGING THE ZONING DESIGNATION FROM C2-HS TO C2-HN ON
APN 841-05-065, LOCATED AT THE SOUTHEAST CORNER OF MONTEREY AND
LEWIS.
PASSED AND ADOPTED this 7th day of October, 1991, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ and HUGHAN.
None
None;
COUNCILMEMBERS:
COUNCILMEMBERS:
Adopted Resolution No. 91-59 establishing salary schedules
for Fire Personnel and amending the 1991-1992 classification
schedule for the Management/Executive Group and Professional
Group; noted by the City Attorney removal of reference to
Resource Management Coordinator from the resolution;
RESOLUTION NO. 91 - 59
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
SALARY SCHEDULES FOR FIRE PERSONNEL AND AMENDING THE
CLASSIFICATION SCHEDULE FOR THE MANAGEMENT/EXECUTIVE
PROFESSIONAL GROUP.
PASSED AND ADOPTED this 7th day of OctOber, 1991, by the
following vote:
AYES: COUNCILMEMBERS:
ESTABLISHING
1991-1992
GROUP AND
NOES:
ABSENT:
GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ and HUGHAN.
None
None;
COUNCILMEMBERS:
COUNCILMEMBERS:
Denied Claim of Abel E. Saldana as recommended;
Approved request of the American Association of University
Women (AAUW) to cablecast their 1991 Candidates' Forum as
recommended;
Denied Claim of Diana Woollons as recommended;
Accepted Improvements for Project 1990-4, Tenth and Church
Traffic Signal; Project 1990-7 - Reservoir A & B Interior
Recoating & Disinfection; and Project 1991-4 - Handicap Ramps &
Related Storm & Asphalt Improvements as recommended;
Approved the following Development Agreements: #91-30,
Wheeler Housing Corporation and #91-43, Norm Gravell as
recommended; and
Adopted Resolution No. 91-60 concerning disability
retirement of Billie Joe McCuiston;
Bids re:
Gav.Sports
Park
Bids re:
Data Com
Network
Bids re:
Printers &
PCs
Bid re:
Equipment
Contd.P.H.
ROO
Appeal
Hearing
V 91-07
RESOLUTION NO. 91 - 60
RESOLUTION OF THE COUNCIL FOR THE CITY OF GILROY CONCERNING
DISABILITY RETIREMENT OF BILLIE JOE McCUISTON (GOVERNMENT CODE
SECTION 21025).
PASSED AND ADOPTED this 7th day of October, 1991, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ and HUGHAN.
None
None.
City Administrator presented a recommendation to award the
bid of Westcoast Landscaping & Irrigation Supply in the amount of
$6,215.00 for irrigation renovation of Gavilan Sports Park.
Motion was made by Councilman Gage seconded by Councilman
Mussallem and carried that the bid of Westcoast Landscaping &
Irrigation Supply be awarded in the amount of $6,215.00 for
irrigation renovation of Gavilan Sports Park as recommended.
City Administrator Baksa presented a recommendation to
award the bid of Winehouse Computer Company for Proposal Data
Communications Network and Support Services.
Motion was made by Councilman Gage seconded by Councilman
Kloecker and carried that the bid of Winehouse computer Company
for Data Communications Network and Support Services be awarded
as recommended.
City Administrator Baksa presented a recommendation to
award bids to Advanced Computer Systems in the amount of
$9,915.70 for printers and accessories and to precision
Technology in the amount of $15,057.58 for Personal Computers.
Motion was made by Councilman Kloecker seconded by
Councilman Valdez and carried that the bid of Advanced Computer
Systems in the amount of $9,915.70 for printers and accessories
and to Precision Technology in the amount of $15,057.58 for
Personal Computers be awarded as recommended.
City Administrator Baksa recommended bid of Bob Lynch Ford
in the amount of $33,889.42 for a Medium Truck Cab/Chassis and
Heavy Duty Dump Truck Body.
Motion was made by Councilman Mussallem seconded by
Councilman Gage and carried that the bid of Bob Lynch Ford in the
amount of $33,889.42 for a Medium Truck Cab/Chassis and Heavy
Duty Dump Truck Body be awarded as recommended.
Motion was made by Councilman Gage seconded by Councilman
Valdez and carried that the continued Public Hearing to consider
a Zoning Ordinance Text Amendment initiated by the City to amend
the City'S Residential Development Ordinance and Rating Scale
Section be further continued to November 18, 1991, noting that
the Planning Commission had continued their hearing to November
7, 1991.
The Mayor stated that it was the time and place scheduled
for a Hearing to consider an appeal on the decision of the
Planning Commission regarding a Variance request from Section
37.52 of the Zoning Ordinance to allow an increase in the height
of the monument sign for the Gilroy Village Shopping Center from
the requested maximum height of 14 feet to a height of 29 feet,
at 260 E. Tenth Street, between Alexander and Chestnut Streets,
Ernie Filice/Filbro Development Company, Applicant, V 91-07.
Noted the Staff Report further explained by Planning
Director Dorn.
The Mayor asked if there was anyone in the audience wishing
to speak on the proposal. There was no comment from anyone in
the audience. The Mayor closed the Public Hearing.
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Res.#91-61
Pub.Hear.
Z 91-06
Rezoning
Discussion was had by Council on the matter.
Motion was made by Councilman Gage seconded by Councilman
Hale that the reading of Resolution No. 91-61 be waived and that
it be adopted approving the decision of the Planning Commission
to deny the sign variance requested and that the Sign Ordinance
be referred to Staff for review and study by Council regarding
Freeway and Shopping Center concepts and study of the remaining
portions of the Sign Ordinance at a later date.
RESOLUTION NO. 91 - 61
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AFFIRMING ON
APPEAL THE ACTION OF THE PLANNING COMMISSION DENYING VARIANCE
REQUEST V91-07 FROM SECTION 37.52 OF THE ZONING OROINANCE
REGULATING THE HEIGHT OF AN EXISTING MASTER SHOPPING CENTER SIGN
AT 260 EAST TENTH STREET.
PASSED AND ADOPTED this 7th day of October, 1991, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ and HUGHAN.
None
None
COUNCILMEMBERS:
COUNCILMEMBERS:
Councilman Hale requested that a review of the number of
requests received for sign variances and the number granted in
the past few years be determined for study in Council review of
Freeway and Shopping Center Sign concept.
The Mayor stated that it was the time and place scheduled
for a Public Hearing to consider a rezoning from R2 (Two Family
Residential) District to R2-PUD (Two Family Residential Planned
Unit Development) District on property located at the north side
of Hoover Court, at Rogers Lane, on approximately 2.878 acres,
Santa Clara County Assessor's Parcel No. 841-07-057, Hewell &
Sheedy, Inc., on behalf of Margaret and Richard Piedmont,
applicant, Z 91-06.
The Staff Report was noted and further explained by
Planning Director Dorn.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposal.
Mr. Bill Henry, Garcia & Henry, addressed the Council
representing the applicant further explaining their proposal.
Mrs. Loretta Ventura addressed the Council noting that she
is not opposed to the zone change but is concerned about the
design and wants a guarantee that there will not be two-story
buildings allowed in this development.
Mr. Matthew Drummond, 7500 Chestnut Street, addressed the
Council noting that he is not opposed to development on this
property but would be opposed to two-story houses.
The Mayor asked if there was anyone further in the audience
wishing to speak. There was no comment from anyone in the
audience. The Mayor closed the Public Hearing.
Motion was made by Councilman Gage seconded by Councilman
Valdez and carried that the rezoning requested be approved and
that the neighborhood be notified when the PUD is reviewed by the
Planning Commission and Council. It was noted that the proposed
ordinance amending the zoning ordinance would be on the Council
Agenda at the next regular meeting for introduction and
publication by title and summary and for adoption at the
following regular meeting. Council also requested that the
testimony regarding one-story houses be reflected in the minutes.
Pub.Hear.
GPA 91-02
Pub.Hear.
USA Aps.
t ',' ~ ''i
)t ! '< ;-4'
At the request of the City Attorney motion was made by
Councilwoman Nelson seconded by Councilman Valdez and carried
that the Public Hearing to consider a General Plan Text Amendment
initiated by the City to include Section 17, "Rural/Urban Land
Uses" into the existing South County Joint Area Plan, GPA 91-02
be continued to November 18, 1991 regular meeting.
The Mayor stated that it was the time and place scheduled
for a Public Hearing to consider 1991 Urban Service Area revision
requests, M-91-06.
The Staff Report was noted and Planning Director Dorn
explained USA 90-4, Y.S. Wong.
The Mayor asked if there was
to speak on USA 90-4 application.
anyone in the audience. The Mayor
Public Hearing re: Y.S. Wong.
anyone in the audience wishing
There was no comment from
closed that portion of the
Motion was made by Councilman Mussallem seconded by
Councilwoman Nelson and carried that USA application 90-4 be
approved for inclusion in the Urban Service Area.
Planning Director Dorn explained USA 91-1, T. Wang.
The Mayor asked if there was
to speak on USA 91-1 application.
anyone in the audience. The Mayor
Public Hearing re: T. Wang.
anyone in the audience wishing
There was no comment from
closed that portion of the
Motion was made by Councilman Mussallem seconded by
Councilwoman Nelson and carried that USA application 91-1 be
approved for inclusion in the Urban Service Area.
Planning Director Dorn explained USA 91-2, Lenihan.
The Mayor asked if there was anyone in the audience wishing
to speak for or against USA 91-2 application.
Mr. Bill Henry, Garcia & Henry, addressed the Council
representing the applicant further explaining the proposed plans
for the property.
Mr. Jim Lenihan, applicant, 49 Shower Drive, Mountain View,
addressed the Council requesting favorable consideration for his
application.
The Mayor asked if there was anyone further in the audience
wishing to speak on USA 91-2 application. There was no comment
from anyone in the audience. The Mayor closed that portion of
the Public Hearing.
Motion was made by Councilman Mussallem seconded by
Councilwoman Nelson and carried that USA 91-2 application be
approved for inclusion in the Urban Service Area.
Planning Director Dorn further explained USA 91-3, Rodney
Haun, noting Staff recommendation for denial and Planning
Commission recommendation for approval in the urban service area.
The Mayor asked if there was anyone in the audience wishing
to speak on the USA application 91-3, Haun.
Mr. Rodney, Haun, 720 Las Animas Avenue, applicant,
addressed the Council further explaining his proposal for the
property.
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 that portion of the Public
Hearing.
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Res.91-62
Res.91-63
GDDC Fund-
ing
Motion was made by Councilman Mussallem seconded by
Councilwoman Nelson and carried by the following Roll Call vote
to approve USA 91-3, Haun for inclusion in the Urban Service Area
requesting that the County be informed that this request is to
allow the owner to expand his present business: Ayes:
Councilmembers: Gage, Hale, Mussallem, Nelson, Valdez and Hughan;
Noes: Councilmember: Kloecker.
Motion was made by Councilman Gage seconded by Councilman
Hale that the reading of Resolution No. 91-62 be waived and that
it be adopted recommending modification of the Urban Service Area
of the City within the County of Santa Clara, specifically to
include USA 90-4 (Wong); USA 91-1 (Wang); and USA 91-2 Lenihan).
RESOLUTION NO. 91-62
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPLYING TO
THE LOCAL AGENCY FORMATION COMMISSION OF SANTA CLARA COUNTY FOR
CERTAIN MODIFICATIONS TO THE URBAN SERVICE AREA OF THE CITY OF
GILROY FOR 1991.
PASSED AND ADOPTED this 7th day of October, 1991, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ and HUGHAN.
None
None
COUNCILMEMBERS:
COUNCILMEMBERS:
Motion was made by Councilman Gage seconded by Councilman
Hale that the reading of Resolution No. 91-63 be waived and that
it be adopted recommending modification of the Urban Service of
the City within the County of Santa Clara, specifically to
include USA 91-3 (Haun).
RESOLUTION NO. 91 - 63
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY RECOMMENDING
MODIFICATION OF THE URBAN SERVICE AREA OF THE CITY WITHIN THE
COUNTY OF SANTA CLARA.
PASSED AND ADOPTED this 7th day of October, 1991, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
GAGE, HALE,
and HUGHAN.
KLOECKER
None.
MUSSALLEM, NELSON, VALDEZ
COUNCILMEMBER:
COUNCILMEMBERS:
Discussion was had regarding Gilroy Downtown Development
Corporation request for funding the Downtown Mainstream Program.
Mayor Hughan turned the meeting over to Mayor Protempore
Gage to Chair this portion of the meeting due to a conflict of
interest, specifically that she owns property in the downtown
area.
Mayor Protempore Gage explained the recommendation of the
Council Task Force Committee and subsequent meetings held
regarding possible funding of the Gilroy Downtown Development
Corporation's Downtown Mainstream Program.
Mayor Protempore Gage declared a recess at 9:00 p.m. and
reconvened the meeting at 9:06 p.m.
Motion was made by Councilman Kloecker seconded by
Councilman Valdez and carried by the following Roll Call Vote
that the matter be referred to Staff to present a recommendation
for Council consideration on the concept that was discussed
regarding funding of the Downtown Mainstream Program for review
and consideration at the next regular Council Meeting: Ayes:
Councilmembers: Hale, Kloecker, Mussallem,Valdez and Gage; Noes:
Councilmember: Nelson; Absent: Councilmember: Hughan.
Mr. Curt Angelina, 55-5th Street, thanked the Council on
behalf of the Downtown businesses.
Presby-
terian
Church
Animal
Control
Res.91-64
Plan. Com.
J.Bellis
;)t ,,:,)
Mayor Hughan took her seat the Council table and continued
with the regular order of the agenda.
A request of the Gilroy presbyterian Church for commercial
and industrial water rate for irrigation water use was noted.
Mr. William Hart, Administration Committee Chairman for the
Presbyterian Church addressed the Council, further explaining
their request.
council took no action on the matter, noting that this
matter would be reviewed when the annual water rate revisions are
studied.
A recommendation to join the County Service Area for Animal
Control was noted and further explained by City Administrator
Baksa.
Mr. Matthew Drummond addressed the Council and noted that
he would be in support of paying additional monies to have the
Animal Control service in Gilroy.
Motion was made by Councilman Kloecker seconded by
Councilman Valdez that the reading of Resolution No. 91-64 be
waived and that it be adopted consenting to inclusion in the
County Service Area for Animal Control Service.
RESOLUTION NO. 91 - 64
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CONSENTING
TO INCLUSION OF THE TERRITORY OF THE CITY IN THE FORMATION OF THE
COUNTY SERVICE AREA TO BE ESTABLISHED FOR THE PROVISION OF ANIMAL
CONTROL.
PASSED AND ADOPTED this 7th day of October, 1991, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ and HUGHAN.
None
None
COUNCILMEMBERS:
COUNCILMEMBERS:
A letter of resignation from John C. Bellis, Planning
Commissioner (term expiring 1-1-92) was noted.
Council set November 14, 1991 deadline to receive letter
applications for commission terms expiring 1-1-92 and vacancies
for unexpired terms for Council appointment at their December 16,
1991 regular Meeting.
The following informational items were noted with no
separate discussion on same except as noted:
County of Santa Clara Sheriff and Coroner's Office in
appreciation of Gilroy Police Officers;
Proclamations issued by Mayor Hughan: Constitution Week -
September 16th through 22, 1991; Disability Awareness Month -
october 1991; and Fire Prevention Week - October 6-12, 1991;
Councilman Gage noted Red Ribbon Week (Drug Abuse Council)
and Ceremony for same on October 19, 1991 at Hecker Pass Family
Adventure, inviting Council and interested persons to attend.
Councilman Gage noted Fire Prevention Week - Annual Bucket
Brigade at noon October 12th at the Town Plaza Parking Lot and
requested Councilmembers to contact him that will be
participating.
Minutes of the Visitors' Bureau Advisory Committee Meeting
of August 8, 1991 and Financial Statements for July and August
1991;
City of Santa Clara re: Bay Vision 2020 for a Regional
Government Structure including accompanying letters;
f ; Of; (J
Plan. Com.
10-3-91
Dr. Carol Cooper, Chair, Mayors' Committee for Awareness of
Disabilities in appreciation re: City's Handicap Ramp Project;
City's response to proposed changes to Bus Route 17 in
Gilroy; Councilman Kloecker noted that the Transportation
Commission would consider this at their next meeting on October
16, 1991;
Request for a Kern Avenue Neighborhood Park;
South County Realtors' Association in appreciation;
Administration Building and Planning expansion schedule;
Status of the City'S long-range applications;
City Commission and Board Terms expiring January 1, 1992;
Construction of a Weigh station and Truck Inspection
Facility between Gilroy and Morgan Hill in Santa Clara County;
and
Inter-Departmental commendation.
The Report of the Planning Commission meeting of October 3,
1991 was noted.
The Minutes of the Parks and Recreation Commission meeting
of August 20, 1991 were noted.
The Minutes of the Senior Advisory Board Meeting of August
19, 1991 were noted.
The Minutes of the Library & Culture Commission meeting of
September 10, 1991 were noted.
City Administrator Baksa gave an update on the Water
Conservation Program.
The listing of City Council Advisory Committees and
Representatives were noted. City Administrator Baksa requested
Council notify him of any changes.
City Administrator Baksa noted the City being recipient of
the 1991 Helen Putnam Award for Excellence under Public Safety
Category--Gang Suppression Entry and that a display of same will
be at the annual League of California Cities Conference in San
Francisco.
City Administrator Baksa gave an update on the Uvas Creek
Master Plan.
City Administrator Baksa noted Customer Service Training
update.
Council set November 12, 1991 at 7:00 p.m. as County Study
Session regarding the Backflow Prevention Program.
City Administrator Baksa noted the Oral Argument on the
appeal of the Attorney's Fee decision on the Sales Tax issue will
be heard in San Francisco.
Councilman Hale requested a Study Session of the Council to
review issues before the Santa Clara County General Plan Review
Committee of which he is the Council representative. Council set
November 25, 1991 at 7:00 p.m. as a Special Meeting of the
Council to discuss same.
Councilman Hale reported on the Santa Clara County Cities
Association meeting and regional government issue discussed.
Adjrnmt.
( ; ~ H;l
Motion was made by Councilman Hale seconded by Councilwoman
Nelson and carried that the Parks & Recreation Staff be
complimented on preparation, serving and entertainment (including
Senior Planner) provided at the Cities Association meeting at
Christmas Hill Park.
Councilman Hale requested that a resolution of support of
the Ochoa Migrant Housing Labor Camp application for funding be
agendized for Council consideration.
Councilman Valdez noted the Cable Task Force Committee
Meeting scheduled for October 8, 1991 at 7:00 p.m. in the
Employees' Lounge.
Councilwoman Nelson noted a lecture scheduled on October
10, 1991 at Gavilan College by a Mayor of a South African city
with 90,000 population.
The following meetings were noted:
Closed Council Session, to immediately follow the regular
meeting of October 7, 1991 re: Personnel Matter - Continued City
Administrator's Annual Evaluation;
Annual League of California Cities Conference - San
Francisco, October 13-16, 1991;
Planning Commission Study Session re: Residential
Development Ordinance (ROO) October 17, 1991 - 7:00 p.m.,
Employees' Lounge, City Hall. Invitation to City Council to
attend and participate if desired.
AAUW General Municipal Election Candidates' Forum, October
22, 1991 - 7:00 p.m. to 9:30 p.m., Council Chambers.
Joint Gilroy/Morgan Hill City Councils' Study Session, re:
Long-term Wastewater Treatment Facilities, November 7, 1991 -
6:00 p.m., Gilroy Senior Citizens' Center.
At 9:11 p.m. the Mayor adjourned the meeting to a Closed
Session regarding Personnel Matter (City Administrator's Annual
Evaluation. )
At 9:25 p.m. the Mayor reconvened the meeting and further
adjourned.
Respectfully submitted,
A~~~