Minutes 1993/12/06
L-l{i~'
"t ). i ,"j
Invocation
posting
Agenda
Roll Call
Consent
Calendar
Minutes
Regular Meeting
December 6, 1993
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Pastor Charles Krahenbuhl, united Methodist Church gave the
Invocation.
The city Clerk noted that the Agenda had been posted on
December 2, 1993 at 11:58 a.m.
Present: councilmembers: K. A. Mike Gilroy, Paul V.
Kloecker, Charles S. Morales, connie Rogers, Suellen C. Rowlison,
Pete valdez, Jr. and Donald F. Gage.
Motion was made by Councilman Gilroy, seconded by council-
woman Rowlison that the following items under the consent
Calendar be approved, by the following Roll Call Vote: Ayes:
councilmembers: K. A. Mike Gilroy, Paul V. Kloecker, charles s.
Morales, Connie Rogers, Suellen C. Rowlison, Pete valdez, Jr. and
Donald F. Gage:
Minutes of the Regular Council Meeting, November 15, 1993;
Res.93-70
Minutes
Budget
Dev.Agree.
Minutes
Res.93-71
Res.93-72
Equipment
~; 1 i:J
Adopted Resolution No. 93-70 supporting Nasa Ames Research
Center as the location for the planned new wind tunnels;
RESOLUTION NO. 93 - 70
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY SUPPORTING NASA
AMES RESEARCH CENTER AS THE LOCATION FOR PLANNED NEW NASA WIND
TUNNELS.
PASSED AND ADOPTED this 6th day of December, 1993, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GILROY, KLOECKER, MORALES,
ROWLISON, VALDEZ and GAGE
None
None;
ROGERS,
Minutes of the special council Meeting, November 16, 1993;
Approved Budget Amendments/Transfers as recommended;
Approved Development Agreement #93-45, John Filice & Ted
schaal, Tract #8627 as recommended;
Minutes of the Regular Council Meeting, November 22, 1993;
Adopted Resolution No. 93-71 authorizing Human Resources
Director to Make Determinations affecting Disability Retirement;
RESOLUTION NO. 93 - 71
A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DELEGATING
AUTHORITY TO THE HUMAN RESOURCES DIRECTOR TO MAKE DETERMINATIONS
UNDER SECTION 21023.6 OF THE GOVERNMENT CODE AFFECTING DISABILITY
RETIREMENT WITH THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM.
PASSED AND ADOPTED this 6th day of December, 1993, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GILROY, KLOECKER, MORALES,
ROWLISON, VALDEZ and GAGE
None
None; and;
ROGERS,
Adopted Resolution No. 93-72 of Intention to Amend PERS
contract, section 20024.2 (one Year Final compensation) for Local
Police Members.
RESOLUTION NO. 93 - 72
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY OF INTENTION TO
APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF
ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE
CITY COUNCIL OF THE CITY OF GILROY.
PASSED AND ADOPTED this 6th day of December, 1993, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GILROY, KLOECKER, MORALES,
ROWLISON, VALDEZ and GAGE
None
None
ROGERS,
city Administrator Baksa presented and explained a recom-
mendation to approve bids on computer Equipment to Software
Solutions in the amount of $5,014.14 for a laser printer and to
precision Technology in the amount of $5,755.64 for a personal
computer.
Motion was made by councilwoman Rowlison seconded by Coun-
cilman Kloecker and carried that the following bids for computer
equipment be awarded: Software solutions in the amount of
$5,014.14 and precision Technology in the amount of $5,755.64 as
recommended.
Councilman Kloecker requested information at a future
Departmental Report regarding the entire life cycle cost approach
for computer equipment.
,f; "';: )
t ..L\.
Pub.Hear.
re:Appeal
Fortino Prop.
Pub.Hear.
utility Dist.
#5
Res.93-73
Pub.Hear.
N.Forest st.
Assmt. Dist.
The Mayor continued the Hearing on Appeal of the Decision
of the Planning commission to December 20, 1993 regarding
affirming the Planning Director's interpretation of section 50.62
b.1. of the zoning ordinance allowing Mr. Fortino to build on
lots on Mesa Road, requested by Mr. Bill Henry, Garcia & Henry,
representing Mr. Fortino.
The Mayor stated that it was the time and place scheduled
for a Public Hearing of Intention to consider establishing Under-
ground utility District No. 5 along that portion of Leavesley
Road between Murray Avenue and approximately 600 feet west of
Arroyo circle and San Ysidro Avenue between Leavesley Road and
approximately 400 feet north of Leavesley Road.
The Staff Report was noted and further explained by
Director of Public works Allen.
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.
Motion was made by councilman Kloecker seconded by
councilman Gilroy that the reading of Resolution No. 93-73 be
waived and that it be adopted.
RESOLUTION NO. 93 - 73
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING
UNDERGROUND UTILITY DISTRICT NO.5.
PASSED AND ADOPTED this 6th day of December, 1993, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
GILROY, KLOECKER, MORALES, ROGERS,
ROWLISON,VALDEZ and GAGE
None
None
COUNCILMEMBERS:
COUNCILMEMBERS:
The Mayor stated that it was the time and place scheduled
for the continued Public Hearing on the Resolution of Intention
and the Engineer's Report re: North Forest Street Assessment
District, continued from November 15, 1993.
An updated staff Report was noted further explained by
Director of Public works Allen, noting 73.4% of the property
owners are in favor of formation of the proposed district.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposal. The following addressed
the Council:
Mr. westoby, 567 Paradise Road, salinas, property owner of
8565 Murray Avenue, opposed to the District.
Ms. Virginia Fanelli, representing Gilroy Associates,
questioned the ethics used by the proponents, legality in the
manner used in obtaining signatures on the first petition;
requested the district be limited to 15 years; requested a
traffic signal be installed at Leavesley Road and Forest Street
believed to be needed for safety purposes. She further noted
that if the District is formed that the current deferred
agreements held will be satisfactory.
Mr. Don Fanelli, Aptos, inquired of the availability of
bond pay-off prior to maturity.
Mrs. Kathryn Jean Blake, noted she and her husband were in
favor of the proposed District.
Mr. Bill Reimal, 8551 Kentwood Court, representing
Kishimura & obata, distributed information to Council.
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 the Public Hearing.
II. '1" 1
",".1.'
Motion was made by councilman Gilroy seconded by councilman
Kloecker and carried that the Negative Declaration for the North
Forest street Assessment District be approved as completed in
compliance with CEQA, as reflecting the Independent Judgement of
the city.
Res.93-74
Motion was made by councilman Kloecker seconded by
councilwoman Rowlison that the reading of Resolution No. 93-74 be
waived and that it be adopted.
RESOLUTION NO. 93 - 74
RESOLUTION ORDERING DELETION OF CERTAIN IMPROVEMENTS - NORTH
FOREST STREET ASSESSMENT DISTRICT - CITY OF GILROY.,
PASSED AND ADOPTED this 6th day of December, 1993, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GILROY, KLOECKER, MORALES,
ROWLISON, VALDEZ and GAGE
None
None
ROGERS,
Re s . 93 -7 5
Motion was made by councilman Kloecker seconded by
Councilwoman Rowlison that the reading of Resolution No. 93-75 be
waived and that it be adopted.
RESOLUTION NO. 93 - 75
RESOLUTION APPROVING AMENDED BOUNDARY MAP - NORTH FOREST STREET
ASSESSMENT DISTRICT - CITY OF GILROY.
PASSED AND ADOPTED this 6th day of December, 1993, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GILROY, KLOECKER, MORALES,
ROWLISON, VALDEZ and GAGE
None
None
ROGERS,
Res.93-76
Motion was made by councilman Kloecker seconded by
councilwoman Rowlison that the reading of Resolution No. 93-76 be
waived and that it be adopted.
RESOLUTION NO. 93 - 76
RESOLUTION OVERRULING PROTESTS - NORTH FOREST STREET ASSESSMENT
DISTRICT - CITY OF GILROY.
PASSED AND ADOPTED this 6th day of December, 1993, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GILROY, KLOECKER, MORALES,
ROWLISON, VALDEZ and GAGE
None
None
ROGERS,
Res.93-77
Motion was made by councilman Kloecker seconded by
councilwoman Rowlison that the reading of Resolution No. 93-77 be
waived and that it be adopted.
RESOLUTION NO. 93 - 77
RESOLUTION APPROVING AMENDED REPORT AND ASSESSMENT AND ORDERING
IMPROVEMENT - NORTH FOREST STREET ASSESSMENT DISTRICT - CITY OF
GILROY.
PASSED AND ADOPTED this 6th day of December, 1993, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GILROY, KLOECKER, MORALES,
ROWLISON, VALDEZ and GAGE
None
None
ROGERS,
Ag .Discl. re:
Real Estate
Orry Korb, Deputy city Attorney explained the proposed
ordinance entitled "Agricultural Disclosure Requirements for
Residential Real Estate Transactions" and related dispute
Resolution procedures requested by the Santa Clara county Farm
Bureau.
"~ )
;-~'t ~"'w!
Hecker Pass
Corr. study
Com/Youth
Center
Res.93-78
commissions
GDDC
Cable TV
Council agreed that "Grievance Committee" definition shall
be the Gilroy Planning commission.
Motion was made by Councilman Kloecker seconded by
Councilman Morales and unanimously carried that the title of the
ordinance be read and waived further reading of the ordinance.
Motion was made by councilman Kloecker seconded by
Councilman Gilroy and carried that the proposed ordinance be
introduced and published by title and summary.
At the request of Mr. Geary T. Coats, the Mayor continued
discussion and review of Hecker Pass Corridor Area Land Use Plan
and possible change of the land use designation at the corner of
Santa Teresa Boulevard and Hecker Pass Highway to the February
22, 1993 regular Council Meeting.
Discussion was had regarding the proposed community/Youth
Center at the old P.G. & E. Building at sixth and Railroad
Streets.
city Administrator Baksa explained the intent of a
Neighborhood committee for the proposed Community/Youth Center.
Councilman Gilroy noted that he would be voting against the
motion not because he is opposed to a necessary project for youth
but because of the question what is going to happen there.
Motion was made by Councilwoman Rowlison seconded by Mayor
Gage that the proposed Community/Youth Center at the old P. G. &
E. Building at sixth and Railroad Streets be approved by the
following Roll Call Vote: Ayes: Councilmembers: Kloecker,
Morales, Rogers, Rowlison and Gage; Noes: councilmembers: Gilroy
and Valdez.
A Resolution was presented regarding the City's intent to
be removed from the Santa Clara county Open Space Authority.
Motion was made by councilwoman Rowlison seconded by
Councilman Gilroy that the reading of Resolution No. 93-78 be
waived and that it be adopted.
RESOLUTION NO. 93 - 78
A RESOLUTION OF THE CITY COUNCIL
CITY COUNCIL RESOLUTION NO. 93 -
INCLUDED WITHIN THE JURISDICTION
SPACE AUTHORITY.
PASSED AND ADOPTED this 6th day of December, 1993,
following vote:
AYES: COUNCILMEMBERS:
OF THE CITY OF GILROY RESCINDING
2 WHICH STATED CITY INTENT TO BE
OF THE SANTA CLARA COUNTY OPEN
by the
NOES:
ABSENT:
GILROY, MORALES,
VALDEZ and GAGE
KLOECKER
None
ROGERS, ROWLISON,
COUNCILMEMBER:
COUNCILMEMBERS:
Council agreed that no interviews would be scheduled for
commission and Board Appointments effective January 1, 1994;
appointments to be made at the December 20, 1993 regular meeting.
The Mayor continued the request from the Gilroy Downtown
Development corporation (GDDC) to the December 20, 1993 regular
meeting at the request of GDDC.
Discussion was had regarding the Downtown Maintenance
District. councilman Valdez requested information on the
percentage collected to date for said District.
Council reviewed Customer Service standards for Cable TV
Services further explained by city Administrator Baksa and Public
Information Technician McCann.
Councilman Valdez noted complaints received from subscriber
of Falcon Cable TV regarding elimination of KPIX, Channel 5.
Plan. Com.
12-2-93
HCD
1" ')
,1, t ,,)I
Discussion was had regarding the proposed customer service
standards.
(At 9:01 p.m. the Mayor declared a recess in order to
change the video tape. At 9:06 p.m. the Mayor reconvened the
meeting. )
Further discussion was had regarding telephone answering
time under Item 6. Accessibility - to be clarified to "not exceed
thirty seconds from the beginning of the first ring" and re: Item
6 under Responsiveness - to be clarified to "If the bill reflects
a change from the previous month's bill, the change will be noted
and explained".
Motion was made by councilman Kloecker seconded by
councilwoman Rowlison and carried that the cable customer service
standards be approved as presented with clarifications as noted.
The Mayor asked if there was anyone in the audience wishing
to speak on any matter not on the agenda. There was no comment
from anyone in the audience.
The following informational items were noted with no
separate discussion on same:
customer service:
Inter-Departmental commendation In Appreciation;
Inter-Departmental Memorandum of Appreciation;
Gilroy High School Band In Appreciation of police chief's
participation at Band Festival;
united Way of Santa Clara County In Appreciation;
Proclamation Issued by Mayor Gage:Day without Art & Night
without Light re: Aids Day - December 1, 1993;
USA Today Article re: cable TV;
staff's Report re: cable TV Question;
The Wall street Journal Article re: Wal-Mart stores;
League of California cities Restructuring Local Government
Meetings;
Ms. Vera M. I. Todorov, Attorney re: Falcon Cable TV.
The Report of the Planning commission Meeting of December
2, 1993 was noted.
city Administrator Baksa noted the Twentieth Year Process
Housing community Development Block Grant Program.
council discussed the Technical Advisory committee. It was
the consensus of council that a citizens' Advisory committee be
established to augment the city existing process as recommended.
council rescheduled December 13th council study session re:
strategic Planning to December 14, 1993 - 7:00 p.m. in the
Employees' Lounge.
council set December 13, 1993 - 7:00 p.m. as a special
Council Meeting re: Discussion and/or Action re: Anti-violent
Crime Report in general and revenue enhancement or reductions
specifically.
city Administrator Baksa noted he and the Mayor met with
the county probation officer and Representative of supervisor
Honda's office and they are in support of the probation issue.
( "' "1 /l
," "X ..,' ,
city Administrator Baksa distributed 1994 wellness
committee calendars to council.
city Administrator Baksa gave an update on the Council
Retreat Committee re: Council Retreat. Noted same could be
scheduled for January 28, 1994 - 7-10 p.m. and January 29, 1994 _
8:00 a.m. to 5:00 p.m. Council concurred that staff continue
with Retreat plans.
Councilwoman Rowlison inquired if the city would be
interested in the Anonymous Tip for Crime program. It was noted
that the city has a Secret witness Program which is similar.
councilman Morales inquired if a Retreat could be scheduled
with council and Gavilan College/Gilroy School District Board
members. It was noted that this could be discussed at the
Strategic Planning Study Sessions.
councilman Valdez noted an invitation from Eliot Martinez,
Mayor of the city of Sanger to attend and participate in "Truck
to the Nation's Christmas Tree" event in Kings Canyon and to call
him for reservations.
councilwoman Rogers inquired if the presentations from the
public could be agendized earlier in the meeting. The city
Administrator suggested that this be discussed at the Council
Retreat.
councilwoman Rogers noted she attend a Housing Symposium
Conference and it was basically in regard to planning.
The Mayor noted the following meetings/events:
Gilroy city council Study session, December 13, 1993 - 7:00
p.m., Employees' Lounge, City Hall, 7351 Rosanna Street, Gilroy,
CA 95020 re: strategic Planning.
Gilroy city council Regular Meeting, December 27, 1993 _
7:00 p.m., CANCELLED.
At 10:12 p.m. the Mayor adjourned the meeting to a Special
Meeting of the council on December 13, 1993 - 7:00 p.m. re:
Discussion and/or Action re: Anti-violent crime Report, etc.
Respectfully submitted,
--A'/ r, / ,.-'
Y~~a/f/Vnd'p dk~/mXt
. ci ty clerk ,-~-
U