Minutes 1985/11/18
Roll Call
Consent
Calendar
,Minutes
Claim-C.A.
Quinzon
March of
Dimes
r.~01
v~ I
November 18, 1985
Gilroy, California
Mayor Hughan led the Pledge of Allegiance to the Flag.
The Regular Meeting of the Gilroy City council was called to order
by Her Honor Roberta H. Hughan at 8:00 p.m.
Present: Council Members: Sharon A. Albert, Donald F. Gage, Paul V.
Kloecker, Larry Mussallem, John E. Pate, Pete Valdez, Jr. and Roberta H.
Hughan.
Motion was made by CouncilMan Gage seconded by Councilman Valdez
that the following items under the Consent Calendar be approved by the
following Roll Call Vote: Ayes: Councilmembers: Albert, Gage, Kloecker,
Mussallem, Pate, Valdez and Hughan.
Approved the Minutes of the Regular Council Meeting of November 4,
1985;
Denied a claim of Carol Ann Quinzon as recownended.
Waived the municipal license fee for the March of Dimes annual
fund drive;
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Claim - M.
Cunningham
Tr. #7079-
Garfield
Denied a claim of Margo Cunningham as recommended; and
Accepted improvements in Tract 7079, Garfield, as recommended.
Canvass Vote re: The Registrar's Official Canvass for the November 5, 1985,
Gen. Mun. Elect~eneral Municipal Election was noted.
Res. #85-80
Motion was made by touncilman Mussallem, seconded by Coun-
cilman Kloecker that the reading of Resolution No. 85-80 be waived
and that it be adopted.
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RESOLUTION NO. 85-80
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING
AND ADOPTING THE REGISTRAR OF VOTERS' CANVASS OF THE GENERAL MUNI-
CIPAL ELECTION AND DECLARING RESULT OF SUCH ELECTION HELD IN THE
CITY OF GILROY ON NOVEMBER 5, 1985.
RESOLVED, by the City Council of the City of Gilroy, Cali-
fornia that
WHEREAS, bY order of this Council a general municipal elec-
tion was held and conducted in the City of Gilroy and consolidated
with the Governing Board Member Election on Tuesday, the 5th day
of November, 1985, as required by law and the Charter of said City
as amended;
WHEREAS, it appears that notice of said general election was
duly and legally given; voting precincts were propertly 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 insaidCitYi
f<'-'~
\mEREAS, 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
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WHEREAS, said canvass was duly completed and the results
thereof were certified by the Registrar of Voters and submitted to
this Council.
Nml, 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 Governing Board Member Election held through-
out Santa Clara County on Tuesday, November 5, 1985, in the time
and in the form and manner as required by law.
2. That there were established eleven (11) 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 pre-
cincts, as follows:
CONSOLIDATED PRECINCT NO. 3951, comprising state and
county precincts designated Precinct Numbers 3951, 3954 and
3968 as established by the Santa Clara County Board of Super-
visors.
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CONSOLIDATED PRECINCT NO. 3952, comprising state and
county precincts designated Precinct Numbers 3952, 3965 and
3974 as established by the Santa Clara County Board of
Supervisors.
CONSOLIDATED PRECINCT NO. 3953, comprising state and
county precincts designated Precinct Numbers 3953 and 3956
as established by the Santa Clara County Board of Supervisors.
5203
CONSOLIDATED PRECINCT NO. 3959, comprising state and county
precincts designated Precinct Numbers 3957 and 3959 as established
by the Santa Clara COllnty Board of Supervisors.
CONSOLIDATED PRECINCT NO. 3961, comprising state and county
precincts designated Precinct Numbers 3958, 3961, 3963, 3975
and 3976 as established b'l the Santa Clara County Board of
Supervisors.
CONSOLIDATED PRECINCT NO. 3964, comprising state and county
precincts designated Precinct Numbers 3955 and 3964 as established
by the Santa Clara County Board of Supervisors.
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CONSOLIDATED PRECINCT NO. 3967, comprising state and county
precincts designated Precinct Number 3967 as established by the
Santa Clara County Board of Supervisors.
CONSOLIDATED PRECINCT NO. 3969, comprising state and county
precincts designated Precinct Numbers 3966 and 3969 as estab-
lished by the Santa Clara County Board of Supervisors.
CONSOLIDATED PRECINCT NO. 3970, comprising state and county
precincts designated Precinct Numbers 3960, 3962 and 3970 as
established by the Santa Clara County Board of Supervisors.
CONSOLIDATED PRECINCT NO. 1971, comprising state and county
precincts desiqnated Precinct Numbers 3960, 3962 and 3970 as
established by the Santa Clara County Board of Supervisors.
CONSOLIDATED PRECINCT NO. 3972, comprisin? state and county
precincts designated Precinct Numbers 3972 and 3973 as estab-
lished by the Santa Clara County Board of Supervisors.
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3. The canvass of the returns of the votes cast and the counting
of absentee ballots cast in said City for the offices of city Council-
members 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 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.
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4. The whole number of votes cast in said City of Gilroy at
said municipal election was 2,465 (including 105 absentee votes) .
5. The names of the persons voted for, the offices for which
they were voted, the number of votes received by each of said persons
in each of said precincts and bv absentee votes, are shown on said
Exhibit "A", hereto attached.
6. At said general municipal election held in the City of Gilroy
and consolidated with the Governing Board Member Election held throughout
Santa Clara County on November 5, 1985, 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 l8,
1985, and continuing until his respective successor shall qualify.
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PETE VALDEZ, JR. was elected a member of the City Council to hold
office for a term of four years, from and after ~10nday, November 18,
1985, and continuing until his respective successor shall qualify.
....
DANIEL D. PALMERLEE was elected a member of the citv Council to
hold office for a term of four years, from and after Monday, November
18, 1985, and continuing until his respective successor shall qualify.
7. 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.
8. That the City Clerk be, and she is hereby, instructed to
enter this resolution in full in the minutes of this Council as a state-
ment of the result of said general municipal election.
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PASSED AND ADOPTED this 18th day of November, 1985, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
ALBERT, GAGE, KLOECKER,
VALDEZ and HUGHAN
NONE
NONE
MUSSALLEM, PATE,
ATTEST:/s/SUSANNE E. STEINMETZ
City Clerk
APPROVED:/s/ ROBERTA H. HUGHAN
Mayor
(Seal)
EXHIBIT "A"
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CERTIFICATE OF ELECTION RESULTS
STATE OF CALIFORNIA )
) ss.
County of Santa Clara)
........
I, George A. Mann, Registrar of Voters of said County do
herebv certify that at the Consolidated Elections held on November
5, 1985, and consolidated th~rewith, ~ General Municipal Election
was held in the City of Gilroy for the purpose of electing three
members to the City Council;
That the results of said General Municipal Election were
canvassed by the Office of the Registrar of Voters in accordance
with applicable provisions of the Elections Code; and
That the Statement of Votes Cast, hereto attached, shows the
whole number of votes cast for each candidate and the number of votes
cast for each candidate in each of the respective precincts; and
that the totals shown for each candidate are full, true and correct.
WITNESS my hand and Official Seal this 12th day of November,
1985.
/s/ GELRGE A. MANN
Registrar of Voters
SEAL
GILROY.CITY
D
A
N
I
E P
D L E D
R B 0 T 0
E A N D E N
G L A
I L L P V B
S 0 D A A R
T T T L L 0
R S U F M D 0
A R E E K
T C N G R Z S
I A 0 A L
0 S U 3 G E J S
N T T E E R R
395l-PCT 3951 1086 218 20.0 157 140 155 71
3952-PCT 3952 1054 259 24.5 206 177 192 67
3953-PCT 3953 793 202 25.4 140 124 131 71
3959-PCT 3959 1284 261 20.3 195 166 177 83
396l-PCT 3961 1489 233 15.6 132 104 181 84
3964-PCT 3964 1218 279 22.9 212 189 190 80
3967-PCT 3967 744 180 24.1 139 119 113 55
3969-PCT 3969 1132 213 18.8 150 124 159 62
3970-PCT 3970 1565 369 23.5 282 261 257 108
3971-PCT 3971 2 0 0.0 0 0 0 0
3972-PCT 3972 371 146 39.3 105 111 82 34
ABSENTEE TOTALS 10738 105 0.9 82 70 71 31
GRAND TOTALS 10738 2465 22.9 1800 1585 1708 746
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Roll Call
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Pub. Hear. re:
TM ';"J. Price
~4IiflW
...
Mayor Pro-
tempore
appointment
'$jIW"'....
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5205
The r.1ayor adj;yurend the r,}eetin'] Sine Die.
The city Clerk swore in Councilmembers Elect: :)onald F. Gage,
Pete Valdez aad Daniel D. palmerlee and presented certificates of
Election to each.
The Mayor presentee. a Certificate of Service an(l gift to retired
Councilme:r.1ber P,.lce.
Present: Councilrl1eHbers: Sharun .~\. Albert, Donahl. F. Gage, Paul
v. Kloecker, karry Mussallem, Daniel D. P~lmerlee, Pete Valdez, Jr. and
Roberta H. Hughan.
The Mayor stated that it W3B i:he time anrl place scheduled for
the continued Public Hearinq to consider a Tentative Map request of Jim
Price for a Residential Cond.ominium Townhouse Subdivision of 18 lots on
property located on the east side of Wren l'Nenue at "'laria Way on approxi-
mately 2.62 acres, zoned R3 (Medium Density Residential) District.
The Staff ~.eport waS nob~d and. further explair.ed by Planning
Director Dorn.
The Mayor asked if t"lere was anyone pn:~sent: in the audience
wishing to speak [or th8 proposal.
~1s. Gloria Ballard, :\1 & E Enc;ineering, representing the applj_cant,
addressed the Council further expJ_aininq t.1,e proposal.
The Mayor asked if there was anyone further in the audience
wishing to speak on t.lle .proi.'1osal in .favor. or in opposition. There was
no further cormnent from anyone in the audience..
Motion was made by Councilman Gage seconded by Councilman Mussal-
lem and carried that the public hearing be closed.
Mo.tion WClB mad<~ by Cmmcilman Gage seconde<'l hy ~ouncilman Mussal-
lem that the reading of Resolution No. 85-81 be waived and that it be
adopted approving the tentative.r'l2.p to include. the twenty-seven (27)
conditions as recom;neLded.
R,"SS0LUTION T'JJ. '15-81
RESOLUTION OF. T~TE CO!JNCl:L OF. THE CITY OF r::ILROY A.PPROVING A TENTATIVE
MAP FOR A RESIDENTIAL CONDOMINIUM TOWNHOUSE SUBDIVISION OF 18 LOTS ON
2.62 ACRES, MORE OR LESS, AT THE EAST SIDE OF WREN AVENUE AT MARIA WAY.
PASSED AND ADOPTED this 18th day of November, 1985, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOBCKER, MUSSALLEM, PALMERLEE,
VALDEZ and HUGHAN
NOES: COUNCIL MEMBERS: NONE
ABSENT:. COUNCIL MEMBERS: NONE
The Mayor explained the Council action taken to the government
students present in the audience.
The Mayor recommended the appointment of Councilwoman Albert as
Mayor Protempore.
Notion WdS mac1e !Yf Counci:!..nan'Zloecker seconded by Councilman
Gage and carried that Councilwoman Albert be appointed Mayor Protempore.
The Mayor_asked if there was anyone present
wishing to speak on any matter not on the aqenda.
from anyone in the audience.
in the audience
There was no comment
The following in{~orf1ational items ",ere no[:e(l with no separate
discussion on same:
Plannin<J Staff Actions, dated October :n, 1985;
.City Commissioner's and Advisory Board COnl'1ittee Members' terms
expiring December 31, 1985 for 12-16-85 appointments;
Proclamations issued by Mayor Hughan: Youth Appreciation Week,
November 10-16, 1985; and'.Affirming Five Continent Peace Initiative.
5206
Councilwoman Albert noted the Television Satellite Ceremony
scheduled at Gavilan College December 14, 1985 to honor representa-
tives of the Five Continent Peace Initiative receiving the Beyond
War Award and noted this historic significance.
The Mayor noted interviews of potential commission candidates
has been scheduled for the December 2, 1985, Regular Council Meeting
and that interested citizens are requested to present their resumes
prior to that date. She further requested newspaper coverage re-
garding same. She also noted that the position of City Historian
would be appointed at the December 16, 1985, regular Council Meeting.
Lib. & Cult. Com. The Minutes of the Library and Culture Commission Meeting of
10-8-85 October 8, 1985, were noted.
Plan. Com.
1l/7/85
American
Diversified
Overland
Enterprises
Dev. Agree.
Tr. 7786
Mantelli II
(ErC"iiw4Jd /I,!J/t':d')
Computer
System
School
Impact
Fees
The Report of the Planning Commission Meeting of November 7,
1985, was noted.
Council reviewed the proposed demolition of a structure at
7446 Rosanna Street. Discussion was had by Council on the matter.
Motion was made by Councilman Gage seconded by Councilman
Mussallem and carried that the proposed demolition of a structure
at 7446 Rosanna Street be approved as recommended.
Council reviewed A/S 85-46 revision of Planned unit Develop-
ment - American Diversified, further explained by Planning Director
Dorn.
Motion was made by Councilman Gage seconded by Councilwoman
Albert and carried that the revised Palnned unit Development of
American Diversified be approved with the conditions as outlined
by Staff.
Reviewed A/S 85-47 Planned Unit Development for Overland
Enterprises, inc., further explained by Planning Director Dorn.
Mr. Scott Lefaver, representing the applicant, addressed
the Council and concurred with Alternate No. 2 as recommended.
Motion was made by Councilman Gage seconded by Councilman
palmerlee that A/S 85-47 Planned Unit Development for Overland
Enterprises, Inc. be approved with Alternate #2 as recommended.
city Administrator Baksa gave an update on the Regional
Water Quality Control Board November 8, 1985, meeting re: removal
of the Cease and Desist Order.
city Administrator Baksa gave an update on sewer allocation
contract completed noting exception to t~e Rosso's most recent
contract not completed to date.
City Administrator Baksa presented a development aqreement
and final map for Tract No. 7786, Mantelli II.
Motion was made by Councilman Gaqe seconded by Councilman
Kloecker and carried that the development agreement and final map
for Tract 7786, Mantelli II be approved as submitted.
City Administrator Baksa gave an update on the Computer
System contract and implemen~ation of same.
city Administrator Baksa noted receipt of an application
from the Gilroy Unified School District requesting school impac-
tion fees.
Motion was made by Councilman Hussallem seconded by Council-
man Gage and carried that a public hearing date of December 16,
1985, 7:00 p.m., be set for considering said application.
A proposed appeal was noted on the recent Planning Com-
mission decision approving erection of a metal building at Mayock
Road and Rossi Lane.
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Plan. Com.
Candidates
ICC-IGC
Adjournemtn
"
~)207
The Mayor noted a Counci~ Workshop scheduled for Saturday,
November 23, 1985, at 10:00 a.m. in the Employees' Lounge, City Hall,
to interview potential Planning Corronission candidates.
Mr. Hiram Miller addressed the Council and complimented staff
and Council for approval. of the Development Agreement and Final Map of
Tract No. 7786, Mantelli II.
The Mayor requested that interested Councilmembers that desire
reservations for the Annual ICC-!GC Holiday ~inner Dance at Moffett Field
Officers' Club, December 5, 1985, notify the City Clerk.
At 9:12 p.m., the Mayor adjourned the meeting.
;;;;;;Ull Y . submitted,
.. .. ~?~
citY..Clerk