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Minutes 1996/07/22 I I , 6838 Invocation Posting Emp.Award Housing Survey Cert.Serv. ~'F"'i;'i",,,,,:...;'X.'~.".=~,-,,c:.~>::*~"''tj'C<ti'IE::i:i.'f';~'0;,'):..'?'!'J\f'l'S'1::\""M:~":'~(~t~U,.:=~'~;."I(V'-'t".i.'.r^;'i.;~').'if~,:",;;;'" Regular Meeting July 22, 1996 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. No Pastor present to give the Invocation. The City Clerk noted the Agenda had been posted on July 18, 1996 - 9 :20 a.m. The Mayor presented the Employee Award for the Month of June, 1996 to Jim McCann, Public Information Coordinator. Terry Fineberg, Executive Director ofTri County Apartment Association, gave a presentation on fmdings of the Housing Survey conducted by the Santa Clara County Housing Action Coalition. The Mayor presented a Certificate of Service to Gregory Castello, retired Parks & Recreation Commissioner. V 01. Award Gilroy Browns Consent Calendar Ord.96-13 & Ord.96-14 6S3fl The Mayor presented the Volunteer Award for the Month of July 1996 to South Valley Disposal & Recycling Volunteer Group. The Gilroy Browns, Pop Warner National Championship Team, presented a trophy to the City Council and hats depicting their achievements in appreciation of the City's support. Motion was made by Councilman Springer, seconded by Councilman Gilroy that the following items under the Consent Calendar be approved, removing item "B" Falcon Cable Non-Compliance issue, 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: Adopted Ordinance No. 96-13 fIxing amount of revenue from property taxes necessary to pay bonded or other indebtedness of the City for 1996-1997 and Ordinance No. 96-14 fIxing ad valorem assessments for 1996-1997 - Parking District NO.1 - First Division; ORDINANCE NO. 96 - 13 ORDINANCE OF THE CITY OF GILROY FIXING AMOUNT OF REVENUE FROM PROPERTY TAXES NECESSARY TO PAY BONDED OR OTHER INDEBTEDNESS OF THE CITY OF GILROY OR ANY PORTION OR DISTRICT OF THE CITY OF GILROY FOR THE FISCAL YEAR 1996-1997. PASSED AND ADOPTED this 22nd day of July, 1996, by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, VALDEZ and GAGE NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None; ORDINANCE NO. 96 - 14 ORDINANCE OF THE CITY OF GILROY FIXING THE AD VALOREM ASSESSMENT FOR THE CURRENT FISCAL YEAR 1996-1997 NECESSARY TO PAY BONDED INDEBTEDNESS OF THE CITY OF GILROY AND THE CITY OF GILROY PARKING DISTRICT NO. 1 - FIRST DIVISION. PASSED AND ADOPTED this 22nd day of July, 1996, by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, VALDEZ and GAGE NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None; Budget Approved Budget Transfers/Amendments as recommended; Imp.Agree Approved Property Agreement 96-18, Tract 8859, South County Housing as recommended; and Surplus Eq. Declared Surplus Equipment as recommended. Falcon Cable Discussed formal notice to Falcon of non-compliance with Ordinance No. 759 due to underpayment of franchise fees. Parks & Landscape Projects Motion was made by Councilman Springer seconded by Councilman Morales and carried that Staff be authorized to forward the notice as recommended by the following Roll Call Vote: Ayes: Councilmembers: Gilroy, Morales, Rogers, Rowlison, Springer, Valdez and Gage. City Administrator Baksa presented and explained a recommendation to award the bid of Valley Crest Landscape in the amount of$1,992,600 for various park and landscape improvements (96-CDD-437) noting that the Gilroy Unified School District will be responsible for the total cost of Alternate IA ($89,600.00). Motion was made by Councilwoman Rowlison seconded by Councilman 63/JO Chip Seal Project Computer Bids Pub.Hear. TM 96-03 Springer and carried that the bid of Valley Crest Landscape be awarded in the amount of$1,992,600.00 as recommended. City Administrator Baksa presented and explained a recommendation to award the bid of Reed and Graham, Inc. for the Chip Seal Project (96-CSD-452). Motion was made by Councilwoman Rogers seconded by Councilman Morales and carried that the bid of Reed & Graham be awarded as recommended. City Administrator Baksa presented and explained a recommendation to award the bid of Genesys, ATE, Inc. in the amount of$34,507. for computers and printers. Councilman Springer noted he had a conflict of interest and did not take part in the discussion or vote on the bid award. Motion was made by Councilwoman Rowlison seconded by Councilman Morales and carried that the bid of Genesys, ATE, Inc. be awarded in the amount of$34,507.00 as recommended for the computers and printers. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a Tentative Map request to subdivide a parcel containing approximately 5.67 acres into a 12 lot Single Family Residential Subdivision, plus one remainder lot on property zoned R1 and located south of Zinnia Street, northwest of Kelton Drive, Robert Walsh & Son, Applicant, TM 96-03. The Staff Report was noted and further explained by Planner Durkin. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposa1. The following addressed the Council: Don Culver, 8539 Kelton Drive, noted traffic and pedestrian access to Mantelli Park and consideration by the Police Department, School District and Planning Commission opposed the park access and recommended Council approve the Tentative Map as recommended by Staff; Jennie Perez, 1047 Howard Avenue, opposed to the proposed pathway and requested Council reconsider the matter. Stu Taylor, Kelton Drive, opposed to the proposed pathway. Ronnie Mack, 8529 Kelton Drive, opposed the proposed pathway. 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. l'1otion was made by Councilman Springer seconded by Councilman Valdez W1d carried that the Negative Declaration for TM 96-03 be approved as compl~ted in compliance with CEQA, as reflecting the Independent Judgement of the City. Motion was made by Councilman Springer seconded by Councilman Morales and carried that Staffbe directed to prepare a resolution approving the Tentative Map request as recommended by the Planning Commission and Staff. Pub. Hear. The Mayor stated that it was the time and place scheduled for a Weed Abate. Public Hearing to consider the Report and Assessments for Weeds and Refuse Abatement. The Fire Chiefs Report was noted and further explained by the City Administrator and Assistant Fire Chief Ledesma. Res.96-48 Pub. Hear. Compo Fee Res.96-49 Interviews 6841 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 Gilroy seconded by Councilman Morales that the reading of Resolution No. 96-48 be waived and that it be adopted Confrrming the Report of the Fire Chief and Levying Assessments. RESOLUTION NO. 96 - 48 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CONFIRMING THE REPORT OF THE CHIEF OF THE FIRE DEPARTMENT SETTING FORTH THE DESCRIPTION OF PROPERTY, THE OWNERS THEREOF, AND THE COST OF ABATING THE NUISANCE CAUSED BY THE GROWING OF WEEDS AND ACCUMULATION OF REFUSE IN THE CITY OF GILROY, AND PROVIDING THAT SUCH COST SHALL CONSTITUTE ASSESSMENTS AGAINST THE RESPECTIVE OWNERS OF LAND. PASSED AND ADOPTED this 22nd day of July, 1996, by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, VALDEZ and GAGE NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The Mayor stated that it was the time and place scheduled for the Public Hearing to consider revisions and adjustments to schedule the Comprehensive Fee Schedule. It was noted that the proposed schedule was distributed to Council. Assistant Fire Chief Ledesma and Sr. Building Inspector Chantler further explained the roof repair fees proposed. City Administrator Baksa recommended that Council approve the proposed fees as recommended. Motion was made by Councilwoman Rogers and failed due to lack of a second, that the Traffic Impact Fees be increased from the 2% increase to 9% mcrease. Motion was made by Councilman Springer and failed due to lack of a second that the reroofmg fees be adjusted based upon size and type of roof and that Staffbe directed to make that adjustment. Motion was made by Councilwoman Rowlison seconded by Councilman Morales that the reading of Resolution No. 96-49 be waived and that it be adopted. RESOLUTION NO. 96 - 49 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY REVISING THE COMPREHENSIVE SCHEDULE OF FEES CHARGED BY ALL DEPARTMENTS OF THE CITY. PASSED AND ADOPTED this 22nd day of July, 1996, by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROWLISON, SPRINGER, VALDEZ and GAGE NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None At 9: 1 0 p.m. the Mayor declared a recess and reconvened the meeting at 9:16 p.rn. Council set July 30, 1996 15 7:00 p.m. to conduct interviews for appointment of a Commissioner to the Parks & Recreation Commission for an unexpired term vacancy of January 1, 1999. 6842 Appeal- H. Cerda An appeal of Hipolita Cerda on the decision of the Police Department to deny a vendor license was noted. Neither Mr. Cerda nor his representative were present to discuss the matter. Motion was made by Councilwoman Ro gers seconded by Councilman Springer and carried that the decision of the Police Department to deny a vendor license be upheld. Mayor Protempore The Mayor appointed Councilman Morales as Mayor Protempore effective August I, 1996 through April 1 , 1997. The following informational items were noted with no separate discussion on same: Customer Service: Fire Education Specialist In Appreciation of All City Departments and Staff Assistance at Recent Forum; Visitor In Appreciation of Police & Fire Assistance; Police Chiefs Inter-Office Memo In Appreciation Assistance During Safe Driving Event, Recent Banquet and Classroom Presentation; Gilroy Unified School District re: Campus Security/Officer on Campus; League of California Cities Legislative Bulletin #27 - 1996; and Investment Report Ending June 30, 1996. Plan. Com. 7-11-96 The Report of the Planning Commission Meeting of July 11, 1996, was noted. P. &R.Com. The Minutes of the Parks & Recreation Commission Meeting of July 16, 1996 were noted. The Minutes of the Senior Advisory Board Meeting of June 17, 1996 were noted. The Minutes of the Library Commission Meeting of June 12, 1996 were noted. Discussion was had re: the Santa Teresa Corridor Task Force. Motion was made by Councilwoman Rogers seconded by Councilman Gilroy and carried that Option B be approved as recommended by Staff to include the 12 volunteers for said Task Force. Council set September 11, 1996 at 7 :00 - 10:00 p.m. as a Joint Council/Commission Study Session re: Expectations and Process. City Administrator Baksa noted Gilroy Collaborative Housing Sub-Task Force met and will bring draft results to Council at the August 5, 1996 Council Meeting. City Administrator Baksa distributed information from the Santa Clara County Manufacturing Group and City Building Department regarding private groups efforts to assist government. Charter The City Attorney noted that Council needed to direct someone to Amendments prepare arguments on the proposed charter amendments on the November election ballot. Council directed Staff to prepare the arguments. Councilwoman Rowlison gave an update on Integrated Water Regional Management Program. Adjrnmt. 634:3 Councilman Morales inquired of the City's plans regarding San Y sidro Park and alcohol related issues. City Administrator Baksa noted that the Community Services Director would present an implementation plan by the Police Department and schedule of neighborhood group meetings to Council in September. Councilman Valdez noted alcohol abuse in the community and Outlet selling to minors. Councilwoman Rogers supported Councilman Valdez that alcohol consumption laws should be enforced. Councilman Springer noted that he attended the Parks & Recreation Commission Meeting and gave an update on their action to ban alcohol in San Y sidro Park. Councilman Springer inquired if the City had replied to the Grand Jury's request. The City Attorney noted that information would be presented to Council on September 3 for action on same. The Mayor noted the following meetings/events: Annual City Barbecue, August 17, 1996 - 4:00 p.m. to 11 :00 p.m., Christmas Hill Park; Joint Planning Commission/City Council Study Session, September 9, 1995 - 7:00 p.m., Council Chambers, City Hall, 7351 Rosanna Street, Gilroy re: Housing Element Implementation Task Force; and Annual League of California Cities Conference - Anaheim - October 13-15, 1996. At 9:52 p.m. the Mayor adjourned the meeting. Respectfully submitted, 4~. Susanne E. Steinmetz, City Clerk