Minutes 1996/10/07
Invocation
Roll Call
Posting
Agenda
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Regular Meeting
October 7,1996
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Pastor Lee Neish, United Methodist Church gave the Invocation.
Present: Councilmembers: K. A. Mike Gilroy, Charles S. Morales, Connie
Rogers, Suellen C. Rowlison, Thomas W. Springer, and Donald F. Gage; Absent:
Councilmember: Pete Valdez, Jr. - 7:05 p.m.
The City Clerk noted that the Agenda had been posted on October 3,
1996 - 8:15 a.m.
686G
Vol. Award
Consent
Calendar
Fund
Ord.96-18
The Mayor presented the Volunteer of the Month of September 1996
Award to Leona and Peter Burge.
Motion was made by Councilman Gilroy, seconded by Councilman
Springer 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, and Bonald
F. Gage; Absent: Councilmember: Pete Valdez, Jr.:
Authorized creation of Fund 651 - Facilities Services Fund as
recommended;
Adopted Ordinance No. 96-18 Establishing Procedures for Remedying
Conditions which Constitute Property Blight;
ORDINANCE NO. 96 - 18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
ADDING CHAPTER 5B "BLIGHTED PROPERTY" TO THE GILROY CITY
CODE TO ESTABLISH PROCEDURES FOR REMEDYING CONDITIONS
WHICH CONSTITUTE PROPERTY BLIGHT.
PASSED AND ADOPTED this 7th day of October, 1996, by the following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS,
ROWLISON, SPRINGER, and GAGE
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBER: VALDEZ; and
Imp. Agree. Approved Property Improvement Agreement No. 96-34, Tract #8890,
Mission Valley Evergreen Steel, Inc. as recommended.
Equip. City Administrator Baksa presented a recommendation to award the bid of
Walker Hydraulics in the amount of$29,415.00 for a Vehicle Hoist.
St.& Sewer
Project
Sidewalk
Repairs
Annex. # 1
to Maint.
Dist.#2
Motion was made by Councilman Morales seconded by Council-
woman Rowlison and carried that the bid of Walker Hydraulics in the amount of
$29,415.00 be awarded for a vehicle hoist as recommended.
City Administrator Baksa presented a recommendation to award the
bid of Monterey Peninsula Engineer in the amount of$496,580.00 for the
Monterey Street Waterline and Sanitary Sewer Improvements, Project #96-CDD-
454 further explained by Sr.Civil Engineer Nunes.
Motion was made by Councilman Gilroy seconded by Councilman Morales
and carried that the Bid of Monterey Peninsula Engineer in the amount of
$496,580.00 be awarded for the Monterey Street Waterline and Sanitary Sewer
Improvements, Project #96-CDD-454 as recommended.
City Administrator Baksa presented recommendations to award the
bid of J.J.R. Construction, Inc. in the amount of$114,147.00 for the Sidewalk
Repairs along Rosanna Street, Project #96-CDD-454 and to J. R. Clark Company
in the amount of$183,730.00 for the Sidewalk Repairs in the HCD Area, Project
No. 96-CDD-453 further explained by City Engineer Smelser and Sr.Civil
Engineer Nunes.
Motion was made by Councilwoman Rowlison seconded by Councilman
Morales and carried that the bids for Sidewalk Repairs be awarded to J.1.R.
Construction, Inc. in the amount of$114,147.00 for the sidewalk repairs along
Rosanna Street and to 1. R. Clark Company in the amount of$183,730.00 for the
sidewalk repairs in the HCD Area as recommended.
City Administrator Baksa presented a recommendation on a proposed
Annexation NO.1 to Maintenance District No.2 (Landscape, Lighting District
No.2).
6867
Res.96-60/
96-62
Motion was made by Councilman Gilroy seconded by Councilwoman
Rogers that the reading of Resolution No. 96-60 be waived and that it be adopted
Initiating Proceedings.
RESOLUTION NO. 96 - 60
RESOLUTION INITIATING PROCEEDINGS FOR THE ANNEXATION OF
TERRITORY TO MAINTENANCE DISTRICT NO.2 - ANNEXATION NO. I
TO MAINTENANCE DISTRICT NO.2 - CITY OF GILROY, SANTA CLARA
COUNTY, CALIFORNIA - (Pursuant to the Landscaping & Lighting Act of
1972).
PASSED AND ADOPTED this 7th day of October, 1996, by the following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS,
ROWLISON, SPRINGER, and GAGE
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBER: VALDEZ;
Motion was made by Councilman Gilroy seconded by Councilwoman
Rogers that the reading of Resolution No. 96-61 be waived and that it be adopted
Approving Agreement for Legal Services.
RESOLUTION NO. 96 - 61
RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES FOR
ANNEXATION OF TERRITORY TO MAINTENANCE DISTRICT NO.2 -
ANNEXATION NO.1 TO MAINTENANCE DISTRICT NO.2 - CITY OF
GILROY, COUNTY OF SANTA CLARA, CALIFORNIA (Pursuant to the
Landscaping & Lighting Act of 1972).
PASSED AND ADOPTED this 7th day of October, 1996, by the following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS,
ROWLISON, SPRINGER, and GAGE
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBER: VALDEZ; and
Motion was made by Councilman Gilroy seconded by Councilwoman
Rogers that the reading of Resolution No. 96-62 be waived and that it be adopted
Ordering Improvements, noting assessments to be applied to the 1997-98 Tax
Rolls.
RESOLUTION NO. 96 - 62
RESOLUTION ORDERING IMPROVEMENT FOR ANNEXATION OF
TERRITORY TO MAINTENANCE DISTRICT NO.2 - ANNEXATION NO.1
TO MAINTENANCE DISTRICT NO.2 - CITY OF GILROY, COUNTY OF
SANTA CLARA CALIFORNIA (Pursuant to the Landscaping and Lighting Act
of 1972).
PASSED AND ADOPTED this 7th day of October, 1996, by the following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS,
ROWLISON, SPRINGER, and GAGE
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBER: VALDEZ.
Commissions Council set November 22, 1996 as the deadline to receive applications for
City Commission and Board appointments effective January 1, 1997 to expire
January 1, 2001 and current vacancies, noting appointments to be made December
16,1996. Also set December 9,1996 as a Study Session to interview applicants.
The Mayor asked if there was anyone in the audience wishing to speak on
any matter not on the agenda.
Vendor
Permit
Mr. Hipolita Cerda addressed the Council and requested Council
reconsider their decision to uphold the decision of the Police Department denying
him a vendor permit.
636D
The City Attorney recommended no action and that Council not reconsider
the appeal. She noted that Mr. Cerda is able to speak for possible new
information.
Mr. Cerda requested an opportunity to have the reasons for denial
explained in Spanish. Mr. Cerda was advised that he could meet with the City
Administrator with an interpretor to explain the process and if he is willing to
disclose to Council the nature of his offenses that a date for Council to hear the
appeal would be scheduled.
Ms. Pamela Jones, Falcon Court, addressed the Council and inquired of
issues regarding the Northwest Quad Development and the Shapell Project.
Concerning the Northwest Quad she had three concerns/questions: Why
did it take public outcry in the northwest quadrant to get the light at Longmeadow
and to get Sunrise Drive developed, noting on page 27 of the Initial Study three
signal lights were to be developed and inquired why the City is not following the
EIR; She noted that a fire station was asked for due to the fire response time and
inquired why they are not getting the fIfe station and asked if it was going in the
southwest quad now as she had heard and what criteria was used and who made
that determination; she inquired of the density transfer issue - hillside density
transfer and flat land density transfer and noted that 'she had grave concerns
regarding how that density transfer is currently working in the City, especially in
the so-called flat land.
Concerning the Shapell Project she feels that her due process rights as well
as all the citizens in the City were denied. She noted that as she fmds information
that she feels is important, she will be sharing her concerns with the Council in this
forum noting that she was told by the Mayor that there would be public
access/public use task force created and inquired as to the status of that, noting
that it needs to be done as soon as possible. She understands that a cost analysis
will be done in regard to the dedication and wanted to know the status of that.
She noted that she hoped the City does not take on that number of acres without
looking into the economic costs and not merely liability issues; she noted concern
that Shapell removed themselves from the recreational use task force. She noted
on June 17 that a group of individuals came to the Council meeting, showed an
interest in this task force and signed petitions and on June 17 unanimously
approved that all of Santa Teresa Boulevard would be included in the study of
recreational uses along Santa Teresa Boulevard and then on June 24 for some
interesting reason, Shapell was excluded from participating in the study of one
week earlier that they were suppose to participate in; and she is concerned with
the trees that are going to be cut down and understands that there are suppose to
be about 3,000 trees to be cut down, noting that the trees are in clusters and if one
tree in a cluster is cut down what will happen if another tree that is not tagged to
be cut down is inadvertently also cut down. She wanted to know if they will get a
fine; is it excused? She is concerned that a larger number oftrees will be cut down
and what remedy the citizens will have in respect to that. She further referred to
the oath of office taken by the City Council "Faithfully discharge the duties."
Ms. Paula Gann addressed the Council and invited the Council and Police
Department to a Conference on Domestic Violence October 25 and 26, 1996.
The following informational items were noted with no separate discussion
on same:
Customer Service:
Police Chiefs Inter-Office Memorandum In Appreciation of
Communication Staff;
U.S. Department of Housing and Urban Development In Appreciation of
Administrative Staff and Efforts regarding Affordable Housing Issues;
6Q(~r
d),J
Assemblyman Frusetta re: Restoration of Old City Hall Clock;
1996 United Way Campaign Chairperson In Appreciation of City's
Support;
Housing & Community Development Coordinator's Inter-Office Memo In
Appreciation of Finance Division Staffs Assistance;
County of San Luis Obispo in Appreciation of Gilroy Fire Department
during Recent "Highway 58 Fire";
Family In Appreciation of Remembrance of Councilwoman Jan Smith;
Updated Cash and Investment Report, August 31, 1996;
Mayor Gage In Appreciation of Donation Benefiting the Gang Task Force
and Drug Abuse Council;
City's Response regarding Transfer of Ownership Request;
Proclamation Issued by Mayor Gage: Save Today - October 9, 1996;
Minutes of Police Chiefs Advisory Group Meeting of September 16, 1996;
Update on Wal-Mart Agreement;
Update on Long Range Applications and Status ofRDO Allocation &
Activity;
City's Response to Sewer Rate Inquiry; and
Falcon Cable's Notification of Utilization of FCC's Annual Rate Adjustment
Method.
City Administrator Baksa noted informational item # 10 under
Correspondence re: WalMart Agreement and their completion of the Sales Tax
issue under their agreement with the City.
City Administrator Baksa noted the Legislative Bulletin of the League and
the revenues taken by the State and referred back to the Governor who vetoed all
of them.
City Administrator Baksa noted the appeal of Bruce Carmichael is
completed regarding the graffiti issue.
Council concurred with a Joint School Liaison Committee Meeting
October 29 and noted the School Board Forum October 23.
Councilman Morales noted the elementary school soliciting funds for
libraries.
Councilwoman Rogers noted the successful Super Hero's Parade event and
thanked City Staff and all who participated.
Councilman Gilroy noted the Christmas Tree Lighting Ceremony in the
Downtown area on November 29 and reported on the "Just Read" format and
theme to dove-tail with the School District's Program. Also noted the South
Valley Symphony and City to host one of their events in January 1997. Council
agreed to sponsor a reception after the Symphony Event.
The Mayor noted the following Meetings/Events:
Joint City Councill All City Commissioners Study Session, October 8, 1996
_ 7:00 p.m., Gilroy Senior Center, 7371 Hanna Street, Gilroy, CA, re: Discussion
of Expectations and Process;
6870
Adjrnmt.
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Council Study Session, October 9, 1996 - 7:0,0 p.m., Council Chambers,
re: Discuss Solid Waste and Recycling Citizens' Advisory Committee's
Recommendations; ,
Annual League of California Cities Conference - Anaheim - October 13-15,
1996; and
Joint City Council/Planning Commission Study Session, October 24, 1996
- 7:00 p.m., Gilroy Senior Center, 7371 Hanna Street, Gilroy, re: Preliminary
Briefmg and Review of proposed Residential Development Ordinance Projects.
At 8:08 p.m. the Mayor adjourned to a Closed Session re:Conference with
Legal Counsel- existing litigation, pursuant to government Code Sec. 54956.9(a).
City of Gilroy v. Gurries Associates et aI, Santa Clara County Superior Court Case
#CV 750269.
The Mayor re-adjourned to Open Session.
The Mayor noted no action taken in Closed Session and further adjourned
the meeting.
Respectfully submitted,
~~~d~
Susanne E. Steinmetz, City C~ d-