Minutes 1996/02/05
T--
Invocation
Posting
Agenda
Regular Meeting
February 5, 1996
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Father Daniel Derry, st. Mary's Catholic church gave the
Invocation.
The city clerk noted that the Agenda had been posted on
February 1, 1996 - 8:50 a.m.
6751
6752
Roll Call
Intro.New
Emp.
Volunteer
Awards
Consent
Calendar
Minutes
surplus Eq.
Res.96-3
A/S 95-33
Minutes
Imprvmts.
Budget
Noise Level
Garbage
Rates
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Present: councilmembers: K. A. Mike Gilroy, Charles s.
Morales, Connie Rogers, suellen C. Rowlison, Thomas w. springer,
Pete valdez, Jr. and Donald F. Gage. 7:00 p.m.
The Mayor introduced the following new employes: Meagan
Perry, Public safety Communicator I and vivian sanchez, Human
Resources Clerk I.
The Mayor presented the volunteer award for the month of
January 1996 to Deborah Schwarz - Planning Division.
Mr. steve schneider, Falcon Cable TV, presented Drug Poster
Contest Awards to the recipients.
Motion was made by councilman valdez, 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, Charles S. Morales, Connie Rogers, Suellen C.
Rowlison, Thomas w. springer, Pete Valdez, Jr. and Donald F. Gage:
Minutes of the Regular Council meeting of January 16, 1996;
Declared surplus Equipment as recommended;
Adopted Resolution No. 96-3 approving A/S 95-33 to allow
remodel of a building at 7561 Monterey street, Gurdeep and surjeet
Sohal, Applicants;
RESOLUTION NO. 96 - 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING
A/S 95-33, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL TO
REMODEL PROPERTY ZONED C2-HN LOCATED AT 7561 MONTEREY STREET, APN
799-06-044.
PASSED AND ADOPTED this 5th day of February, 1996, by the
following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON,
SPRINGER, VALDEZ and GAGE
COUNCILMEMBERS: None
COUNCILMEMBERS: None;
NOES:
ABSENT:
Minutes of the Regular Council Meeting of January 22, 1996;
Accepted Improvements of Ralph zertuche, Rosanna street; and
Approved Budget Amendments/Transfers as recommended.
community Services Director Connelly gave the community
services Departmental Report further explained by Public Informa-
tion coordinator McCann with an update on Channel 34 operations.
A Report and recommendation on proposals for Noise Level
Demonstrations was noted and further explained by city
Administrator Baksa.
Motion was made by councilman Gilroy seconded by Councilman
Morales and carried that option A and B be selected as recommended
by staff to include council chambers/Field Trip combinations.
A recommendation to approve selection of consultants to
conduct a Rate Restructuring study was noted and further explained
by city Administrator Baksa.
Motion was made by councilwoman Rowlison seconded by
councilman Valdez and carried that skumatz Economic Research
Associates, consultants, be selected in the amount of $29,490 to
conduct a Rate Restructuring Study as recommended.
Councilwoman Rogers noted in regard to the noise level issue
that the recommendation to lower the decibels did not originate
from the original Santa Teresa Corridor Task Force Committee.
pub.Hear.
Shapell
675~~l
The Mayor stated that it was the time and place scheduled
for the continued public Hearing to consider Reorganization of
Territory designated "shapell Reorganization of Territory 95-01"
and declared a conflict of interest and relinquished the gavel to
Mayor Protempore Rogers due to the fact that his employer, Donald
christopher, is a property owner within the reorganization of said
territory.
The staff Report was noted. The city clerk read protests
received from Louis Masoni and Bernard Allard, Attorney represent-
ing Barbara O'Connell Munson, property owners. Mr. Masoni
objected to the reorganization of said territory and Mr. Allard
requested a thirty day extension to continue the public Hearing.
It was noted by staff - planner Durkin the city had suffi-
cient signatures on the petition representing the majority of the
land value for annexation to legally approve the reorganization.
The Mayor protempore asked if there was anyone in the
audience wishing to speak on the proposal.
Ms. Natalie Deprelli, Attorney representing Karen and
Madelyn o'connell, addressed the council and noted that her
clients were in favor of reorganization of said territory.
Mr. Bernard Allard, representing Barbara o'connell Munson
addressed the council and stated his client wanted a thirty day
continuance so that she could arrive at an agreement with her
sisters and shapell to amend the option agreement between his
client and shapell.
Mr. Louis Masoni addressed the council and further explained
his reasons for protesting reorganization of the territory.
Mr. steve Bernard, representing shapell Industries addressed
the council and objected to any further continuance of the Public
Hearing.
The Mayor Protempore asked if there was anyone further in
the audience requesting to speak on the matter. There was no
further comment from anyone in the audience. The Mayor protempore
closed the public Hearing.
At the request of Ms. Barbara Munson, Mayor protempore
Rogers re-opened the Public Hearing.
Ms. Barbara o'connell Munson addressed the council
requesting council continue the Public Hearing in order for the
purchase option be amended prior to reorganization of the
territory to avoid any possible litigation and noted that her
letter on file is a formal protest. Mr. Allard addressed the
council in a plea to request council continue the hearing.
Ms. Natalie Deprelli, Attorney, addressed the council
reaffirming the concurrence of her clients, Karen and Madelyn
o'connell in favor of reorganization of the territory.
The city Attorney noted that to her knowledge reorganization
proceedings have been legally conducted by the city and the city
planner noted the signatures represent approximately 81% of the
land value favoring annexation and are sufficient for council to
approve reorganization of the territory in accord with annexation
proceedings. The city Attorney further noted the law firm of
Berliner, Cohen represent Karen and Madelyn o'connell in regard to
their sister, Barbara O'Connell Munson and the purchase of their
property by Shapell is a separate issue from the annexation
proceedings.
The Mayor Protempore asked if there were any objections from
council in closing the public Hearing. No objections were noted.
The Mayor protempore closed the Public Hearing.
675/1
Res.96-4
ord.re:
Abandoned
Veh.
Motion was made by councilman Morales seconded by councilman
Valdez that the reading of Resolution No. 96-4 be waived and that
it be adopted.
RESOLUTION NO. 96 - 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING
THE REORGANIZATION BY ANNEXATION OF CONTIGUOUS PARCELS TOTALING
APPROXIMATELY 2,216 ACRES, DESIGNATED AS 'SHAPELL REORGANIZATION
95-01", TO THE CITY OF GILROY AND DETACHMENT FROM SOUTH SANTA
CLARA COUNTY FIRE DISTRICT.
PASSED AND ADOPTED this 5th day of February, 1996, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
GILROY, MORALES, ROGERS,
SPRINGER and VALDEZ
None
GAGE
ROWLISON,
At 9:35 p.m. the Mayor took his place at the council table
and declared a recess and reconvened the meeting at 9:40 p.m.
The proposed ordinance amending Gilroy city code section
15.67 regarding Abandoned vehicles was noted.
Motion was made by councilman springer seconded by Council-
man Gilroy and unanimously carried that the ordinance be read by
title only and waived further reading.
Motion was made by Councilman valdez seconded by councilman
Morales and carried that the ordinance be introduced and published
by title and summary.
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:
Fire Department staff Inter-office Memo In Appreciation of
Administrative secretary;
central safety committee Inter-office Memo In Appreciation
of BLES staff's In-put on Evacuation Plan;
Inter-Office community services Department In Appreciation
of Employees' Maintenance Efforts at christmas Hill Park;
Takko-machi, sister city In Appreciation of Public
Information coordinator;
Inter-Office Fleet & Facility Services Division Memo In
Appreciation of Vehicle Pool Task Force Members participation;
Inter-Office Fleet & Facility Services Division Memo In
Appreciation project completion In a Timely Manner;
state Attorney General's In Appreciation of chief sumisaki's
Efforts in Avoid the 13 campaign;
city of Santa clara In Appreciation of Recreation Services
Manager's participation in oral Exam Board;
Evans Family/Trustees In Appreciation of community services
Donation;
Arts & Culture commissioner Pray re: concerns of Downtown
Theater;
santa clara Manufacturing Group In Appreciation of city'S
participation in silicon valley Uniform Building code Program;
Housing Ele.
Task Force
League Rep.
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city's Response re: Legislative Bills:
Telecommunications Reform Bill;
AB 638 - police chief's Issuance of concealed Weapons
permits;
League of california cities Legislative Bulletin #3 & #4 -
1996;
cities participating in the Adoption and Interpretation of
the 1994 uniform Code;
city's Response and Appointment Interpretation to calTrain-
Gilroy policy Advisory committee;
Water supply Article in American city & County Magazine,
January 1996;
Gilroy visitors' Advisory council Meeting of December 14,
1995;
Annual support to school District and Estimated support
Costs for District Officer;
proclamation Issued by Mayor Gage: science Fair Week; and
Monthly Report of Long-Range Applications and status of RDO
Allocations & Activity.
Noted the Minutes of the Housing Element Implementation Task
Force Meetings of January 11th and 24, 1996.
city Administrator Baksa distributed a tentative draft
Agenda of Priorities for the council/Manager Retreat.
city Administrator Baksa noted the Joint city/school Liaison
committee Meeting of February 21, 1996 has been rescheduled for
February 28, 1996 at 5:30 p.m. to 7:00 p.m. at the school Board
Meeting Room.
city Administrator Baksa noted the capital Improvement
Budget and willey House volunteer projects.
city Administrator Baksa distributed a revised list of
council Advisory committees and Representatives.
The Mayor recommended appointment of councilman Valdez as
Legislative contact for League of california cities.
Motion was made by councilwoman Rogers seconded by council-
man Morales and carried that councilman Valdez be aFPointed as the
city'S Representative as the Legislative contact for the League of
California cities.
councilwoman Rogers gave a report on an Urban Ecology
Meeting sponsored by AAUW and distributed additional information
for discussion at the council retreat and requested staff research
regulations regarding RV parks.
councilman Morales gave an update on the Annual chamber of
Commerce Recognition of Individuals, Businesses and Volunteers
congratulating same.
councilman Gilroy gave an update of the Joint City/School
Liaison committee Meeting and the Economic Development steering
committee of the chamber.
The Mayor noted the following meetings/events:
council/Managey Retreat, February 9-10, 1996 - Gilroy
Senior center, 7371 Hanna street, Gilroy;
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Adjrnmt.
Gilroy City Council study session, February 12, 1996 - 7:00
p.m., Council Chambers, city Hall, 7351 Rosanna street, Gilroy,
re: Discussion of volume Based Rates for solid Waste and Economic
Impact Report Issues;
Joint city/school Liaison Committee Meeting, February 28,
1996 - 5:30 p.m. to 7:00 p.m., school District Board Meeting Room,
7810 Arroyo Circle, Gilroy, re: Issues of Mutual Concern;
Luigi Aprea Fundamental School science Faire, February 27,
1996 - 8:00 a.m. - 11:00 a.m., 9225 Calle Del Rey, Gilroy, re:
City Councilmembers volunteering to Judge exhibits;
Joint cities of Gilroy/Hollister, Morgan Hill and San Juan
Bautista study session, February 27, 1996 - 7:00 p.m., Hollister
city Hall 375 Fifth street, Hollister re: Cable TV Refranchising;
and
Lord's Table Fund Raiser, March 16, 1996 - 5:00 p.m. to
10:00 p.m., saint Mary's Parish Hall, 11 First street, Gilroy;
City councilmembers volunteering to serve. The Mayor requested
those councilmembers volunteering to let him know.
At 10:06 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
k