Minutes 1994/02/07
,--"
1; .:1:3b
Invocation
posting
Agenda
Roll Call
consent
Calendar
Res.94-15
Regular Meeting
February 7, 1994
Gilroy, California
The Mayor led the pledge of Allegiance to the Flag.
Pastor Malcolm MacPhail, First Assembly of God church, gave
the Invocation.
The city Clerk noted that the Agenda had been posted on
February 3, 1994 at 8:45 a.m.
Present: councilmembers: K. A. Mike Gilroy, paul V.
Kloecker, charles S. Morales, suellen c. Rowlison, pete Valdez,
Jr. and Donald F. Gage; Absent: councilmember: connie Rogers.
Motion was made by councilman Kloecker, seconded by
councilwoman Rowlison that the following items under the Consent
calendar (removing Item "F" regarding a consultant to Examine
sales & Use Tax Records) be approved, by the following Roll call
vote: Ayes: councilmembers: K. A. Mike Gilroy, paul V. Kloecker,
charles S. Morales, suellen c. Rowlison, Pete valdez, Jr. and
Donald F. Gage; Absent: councilmember: connie Rogers:
Adopted Resolution No. 94-15 authorizing acquisition of
federal surplus property from the California state Agency for
surplus property as recommended;
RESOLUTION NO. 94 - 15
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AUTHORIZING THE
DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO
Minutes
Claims
Imprvrnts.
Sales &
Use Tax
Res.94-16
outside Sewer
Connections
Infractions
to Misde-
meanors
Taxicabs
1 "I' ) < .
'\ : ' k' ""'}''' J~
PURCHASE VARIOUS TYPES OF EQUIPMENT, SUPPLIES, MATERIALS, AND
AUTHORIZING EMPLOYEES TO ACT ON BEHALF OF THE CITY OF GILROY IN
ACQUIRING FEDERAL SURPLUS PROPERTY.
PASSED AND ADOPTED this 7th day of February, 1994, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
GILROY, KLOECKER,
VALDEZ and GAGE
None
ROGERS;
MORALES, ROWLISON,
Approved the Minutes of the January 18, 1994 Regular
council Meeting, and approved the Minutes of the January 24, 1994
Regular Council Meeting;
Denied claims of Ezequiel H. Lopez and Rita Julia Lomas as
recommended; and
Accepted Improvements for Tract #8562 - Hillcrest No. 1 -
Kaufman Broad as recommended.
city Administrator Baksa explained the recommendation to
designate a city consultant as an authorized city representative
to examine sales and use tax records.
councilwoman Rogers entered at 7:02 p.m. and took her seat
at the council table.
Motion was made by Councilman Kloecker seconded by council-
woman Rowlison that the reading of Resolution No. 94-16 be waived
and that it be adopted designating a city consultant as an
authorized city representative to examine sales and use tax
records as recommended.
RESOLUTION NO. 94 - 16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
DESIGNATING A CITY CONSULTANT AS THE AUTHORIZED CITY
REPRESENTATIVE TO EXAMINE SALES AND USE TAX RECORDS.
PASSED AND ADOPTED this 7th day of February, 1994, by
following vote:
AYES: COUNCILMEMBERS:
the
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GILROY, KLOECKER, MORALES,
ROWLISON, VALDEZ and GAGE
None
None.
ROGERS,
policies concerning sewer connections outside the city
limits previously discussed at the time South county Housing
requested sewer service for a project in San Martin were noted
and explained by city Administrator Baksa and Director of Public
works Allen.
Motion was made by councilman Kloecker seconded by
Councilman Morales and carried that the policies as presented be
approved in concept for future projects.
A recommendation to change various Municipal code sections
from Infractions to Misdemeanors was noted and explained by city
Administrator Baksa and further explained by Assistant police
chief Gardner.
Motion was made by Councilman Gilroy seconded by councilman
Kloecker and carried that staff be directed to prepare an
ordinance to include the changes as recommended for introduction.
A proposed ordinance adding chapter 23 to the Gilroy city
Code regulating taxicabs was noted and further explained by the
city Attorney and Multiple service officer Hartley. Discussion
was had including changes requested by Council.
Motion was made by councilman Kloecker seconded by Council-
man Gilroy and unanimously carried that the proposed ordinance be
read by title only and waived further reading of the ordinance.
( ",." ~
\ J \'-' t~J
AB 398
Fence-
Adams
Res.94-17
Motion was made by Councilman Kloecker seconded by
Councilwoman Rowlison and carried that the proposed ordinance
including the revisions as discussed be introduced and published
by title and summary.
Discussion was had on the city's position of AB 398 further
explained by councilman Kloecker.
Motion was made by Councilman Kloecker seconded by
councilman Valdez and carried that the letter as presented be
forwarded to the Santa clara county cities Association in
opposition to AB398 as written.
councilman Kloecker noted that there would be another
Legislative Bill for council action, forthcoming.
A review of an encroachment was had and noted a request for
an exception to section 20.60 re: a fence at Fifth and prince-
valle streets, Carla & Brian Adams, applicants.
The staff Report was noted and further explained by
Director of Public Works Allen.
Mr. Bruce Tichinin, attorney, 17775 Monterey Street, Morgan
Hill, representing the applicants addressed the Council, noting
that the applicants are requesting a different location of the
gate that was granted by the Planning commission in the variance
request and requested 4-way stop signs at the intersection to
eliminate the site problem.
Mr. Brian Adams addressed the council and distributed
additional information to council an gave a slide presentation
reviewing the site and other violations throughout the city,
noting that they have been discriminated against, further
requesting that the exception be granted as the fence now exists.
Motion was made by Councilman Kloecker seconded by
Councilman Gilroy that the reading of Resolution No. 94-17 be
waived and that it be adopted granting an exception from section
20.60 as recommended by Director of Public works Allen enabling
the Adams to construct and maintain their fence in the same
location and at the same height as approved by the Planning
commission under Planning commission Resolution No. 94-01.
RESOLUTION NO. 94 - 17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY GRANTING
AN EXCEPTION FROM SECTION 20.60 OF THE GILROY MUNICIPAL CODE
RELATING TO HEIGHTS OF HEDGES, SHRUBS AND OTHER OBSTRUCTIONS AT
THE CORNERS OF INTERSECTING STREETS FOR PROPERTY LOCATED AT 665
FIFTH STREET.
PASSED AND ADOPTED this 7th day of February, 1994, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
GILROY, KLOECKER, MORALES,
ROWLISON, VALDEZ and GAGE
None
None
ROGERS,
COUNCILMEMBERS:
COUNCILMEMBERS:
Mr. Tichinin noted that the applicants would be requesting
a 4-Way stop at the intersection of Fifth and princevalle
Streets.
The city Attorney noted that the existing fence at 665
Fifth street is in violation of the Zoning Ordinance and
Municipal code and a time should be established for relocating
the fence per Resolution No. 94-17.
Mrs. Carla Adams addressed the council and noted that the
letter she received notifying her of the date the fence would be
addressed by council referred only to the Municipal code issue,
not the zoning ordinance.
P G & E
Lights
GDDC
Max club
Lib.& cult
Violence
Resolution
" (<II
senior planner Myer noted that the original application was
continued at the Planning commission level and the applicant
subsequently agreed to relocate their fence back five feet and
the Planning commission granted the variance subject to their
compromise proposal.
At 9:00 p.m. the Mayor declared a recess in order to change
the video tape and reconvened the meeting at 9:10 p.m.
Mr. Tichinin requested that council reconsider their
decision set forth in Resolution No. 94-17.
council did not rescind or amend their previous action set
forth in Resolution No. 94-17 and motion was made by Councilman
Kloecker seconded by councilman valdez and carried that a maximum
of 60 days be set for the applicants to comply with the order.
The city Attorney noted to the applicants that they are
liable until the fence conforms to the city's Resolution No. 94-
17.
A recommendation on purchase of street lights from P G & E.
was noted and further explained by Director of public works
Allen.
Motion was made by councilman Kloecker seconded by
councilman Gilroy and carried that Case #2 as recommended be
approved for the city to purchase lights owned by P. G. & E. and
payment to P. G. & E. to maintain them.
The Mayor tabled "concept" discussion of Economic Incentive
Agreement with Max club to accommodate interested persons in the
audience.
The Gilroy Downtown Development corporation - Annual Report
was noted and further explained by Frank Romero.
councilwoman Rowlison requested Quarterly Financial Reports
and Minutes of the GDDC in the future.
The Mayor continued with the Regular order of the agenda.
The Mayor requested a study session re: "concept"
discussion of Economic Incentive Agreement with Max club.
council set February 15, 1994 as a special council Meeting
to address the issue and other concerns including an Economic
Impact Report. Councilman Kloecker requested that an estimate of
fees of this particular business be provided at the special
Meeting and councilman Gilroy requested that a comparison of fees
with Morgan Hill's fees also be provided.
A letter of resignation from Albert Quintero, Library &
culture Commissioner was noted and accepted with regret.
(unexpired term 1-1-96).
A request from the city of Pasadena for a resolution
eradicating rampant violence was noted. Motion was made by
councilman Gilroy seconded by councilman Morales and carried that
no action be taken on the proposed resolution.
The following informational items were noted with no
separate discussion on same except as noted:
customer service:
Report on street Pole Decorations/Banners - 1993 Holiday
Season;
Parks & Recreation Department In Appreciation of Above
cooperation;
1 V" e )<
;! ~.~......
Plan. Com.
2-3-94
SCRWA
Inter-office Memorandum from Police Chief to corporal Lara
In Appreciation;
Gilroy Parks & Recreation Department In Appreciation of
Donation from Gary steinmetz for Youth Activities;
Gilroy parks & Recreation Department In Appreciation of
Resident's Efforts In Neighborhood watch; Councilwoman Rogers
noted that the High School would be striping their parking lot
for hockey to alleviate future problems on Tennis Courts;
Parks & Recreation Department Inter-office Memorandum In
Appreciation re: Youth Center Facilities;
League of California cities Legislative Bulletin #3-1994;
status of the city's Long-Range Applications;
Falcon Cable programing:
c. steven & vickie Yukiko Potuzak;
Article from John W. Spencer, Resident of Gilroy;
Minutes of the Gilroy Visitors' Bureau Advisory Committee
Meeting of December 16, 1993 and Financial Statement ending
December 31, 1993;
Proclamation Issued by Mayor Gage: science Fair week -
April 3-9, 1994;
League of california cities Legislative Bulletin #4-1994;
city of Morgan Hill's Response to south county Housing'S
Expansion of San Martin Family Living center;
city's Response to county of Santa clara on st. Frances of
Assisi's Request re: Animal Shelter in South county;
city's Notification to Falcon cable re: Rate Regulation
Authority certification;
current ACT Deployment;
Appointment of supervisor Diridon as chairperson of the
Board and Transit District;
city In Appreciation of Use of odd Fellow-Rebekah
children'S Home Facilities for Council/Manager Retreat; and
police Department Employee of the Month of November, 1993,
The communications unit.
The Report of the Planning commission Meeting of February
3, 1994 was noted.
The Minutes of the South county Regional Wastewater
Authority Meeting of January 11, 1994 were noted.
city Administrator Baksa gave an update on the Water
Conservation program.
city Administrator Baksa noted an Evaluation of the Gang
Suppression operational Plan.
council added an additional item to the February 15, 1994
council special Meeting on Final Prioritization of Tasks Assigned
at the council/Manager Retreat.
council tabled further action regarding Falcon cable to a
date uncertain.
ADA Work
schedule
Adjrnmt.
1 }? J:3
city Administrator Baksa distributed a letter from
supervisor Honda regarding potential purchase of property in the
Gilroy area for year around, permanent, family, agricultural
worker housing and council set a study session February 23, 1994
to discuss same and other issues of mutual concern.
city Administrator Baksa distributed a Report on cost of
Graffiti Eradication. Councilman Kloecker noted that the city of
Palo Alto has in place an ordinance regarding same and that other
ordinances should be pursued.
city Administrator Baksa distributed a Report on Revenue
options regarding Additional sales & Use Tax noting that a study
session would be scheduled separately on February 16, 1994 or in
conjunction with the study session with supervisor Honda on
February 23, 1994; at 6:00 p.m. if on February 23, 1994 with
refreshments or separate on February 16th at 7:00 p.m. To be
determined by the city Administrator.
city Administrator Baksa distributed the Report on the ADA
work schedule for further discussion and approval at the February
28 regular council Meeting.
The Mayor noted the Minutes of the south County commercial/
Industrial Real Estate Brokers Meeting of January 20, 1994. He
noted the need to meet with those concerned to understand
problems; date to be determined.
councilwoman Rogers gave an update on the visitors' Bureau
future meeting and inquired about council's opinion of the Bureau
leasing the chamber Building. It was noted that the city had no
objection to the visitors' Bureau moving to the chamber Office,
however use of their present facilities would be a city decision.
At 11:00 p.m. the Mayor declared a pause to change to video
tape and reconvened at 11:03 p.m.
councilman Rogers noted in regard to the county it has been
proposed that the lands of open space reserve be returned to
Agriculture/Medium Density.
councilman Valdez gave an update on the GDBC Funding with
$92,000. for Emergency Services to be approved by the county on
February 24, 1994.
councilman valdez noted citizens' request for improving the
bathrooms at the senior Center in the 94-95 fiscal year and
requested that same be agendized for council action.
councilman Morales gave an update on the Quarters for Quake
Day successful event sponsored by the High school.
The Mayor noted the following:
santa clara county cities Association's Board of Directors
Meeting, February 10, 1994 - 7:00 p.m., West conference Room,
sunnyvale city Hall; and
city/school Liaison committee Meeting, February 24, 1994 -
6:30 p.m., Gilroy Unified school District, 7810 Arroyo circle.
At 11:17 p.m. the Mayor adjourn to a closed session
pursuant to GC Sec 54956.9(c): Conference with legal counsel -
initiation of litigation - two potential cases.
At 11:22 p.m. the Mayor reconvened the meeting and further
adjourned to Tuesday, February 15, 1994 special Meeting.
Res,~pectfullY s~ttedf::' _
~. J ~ /,' ,.
--' Ct/11-1M/i ,~v ~r
/ city clerk ( (r