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Minutes 1992/07/06 Invocation Posting Agenda Roll Call Purple Hearts Consent Calendar Utility Acct s . Ord.92-7 11 ,".~ ~ r { Regular Meeting July 6, 1992 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Father Matthew Stanley, st. Mary's Church gave the Invocation. The City Clerk noted that the Agenda had been posted on July 2, 1992 at 12:05 p.m. Present: Councilmembers: Mike Gilroy, Leonard A. Hale, Paul V. Kloecker, Sara C. Nelson, Suellen C. Rowlison, Pete Valdez Jr. and Donald F. Gage. Police Chief Sumisaki presented Purple Heart Awards to Dan Renville, Supervising Police Officer and Vernon Gardner, Assistant Police Chief. Motion was made by Councilman Kloecker seconded by Council- man Valdez that the following items under the Consent Calendar be approved as recommended by the following Roll Call Vote: Ayes: Councilmembers: Mike Gilroy, Leonard A. Hale, Paul V. Kloecker, Sara C. Nelson, Suellen C. Rowlison, Pete Valdez, Jr. and Donald F. Gage; Authorized write-off of Uncollectable Utility Accounts from June 1, 1992 to May 31, 1992 in the amount of $36,878.22 as recommended; Adopted Ordinance No. 92-7 Adding Section 18.6-1 to the City Code, Restricting Possession of Glass Beverage Containers in City Parks; ORDINANCE NO. 92 - 7 AN ORDINANCE OF THE CITY OF GILROY ADDING SECTION 18.6-1 TO THE GILROY CITY CODE RESTRICTING POSSESSION OF GLASS BEVERAGE 4~." ';, " L t ,) Ord.92-8 Imprvmts. Res.92-50 So.Co.Reg. WWTP Auth Res.92-51 CONTAINERS PASSED AND vote: AYES: IN CITY PARKS. ADOPTED this 6th day of July, 1992 by the following COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: Adopted Ordinance No. 92-8 Updating Chapter 27, Article V of the Gilroy City Code Pertaining to Water System Backf10w ?revention amending Section 27.84(d); ORDINANCE NO. 92 - 8 AN ORDINANCE OF THE CITY OF GILROY UPDATING CHAPTER 27, ARTICLE V OF THE GILROY CITY CODE PERTAINING TO WATER SYSTEM BACKFLOW PREVENTION AMENDING SECTION 27.84 (d). PASSED AND ADOPTED this 6th day of July, 1992 by the following vote: AYES: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE None None NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Accepted the following Improvements: Project 90-36 (Ctintas); 90-15 (Lohrey); 91-41 (Hall); 91-23 (Barton) and 92- 02A (Water Line Replacement); and Adopted Resolution No. 92-50 establishing two-way stops at the following locations: Eagle Hills Way at the intersection of Eagle Hills Way and Quail Walk Drive; Carmel Street at the intersection of Dowdy and Seventh Streets. RESOLUTION NO. 92 - 50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING TWO-WAY STOPS AT THE FOLLOWING LOCATIONS: On Eagle Hills Way at the intersection of Eagle Hills Way and Quail Walk Drive; on Carmel Street at the intersection of Carmel and Seventh Streets; and on Dowdy Street at the intersection of Dowdy and Seventh Streets. PASSED AND ADOPTED this 6th day of July, 1992, by the following vote: AYES: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: The Mayor deviated from the regular order of the agenda in order to accommodate interested persons in the audience. Mr. Scott Christopher, Vice-President of J. P. Morgan Underwriters for the Wastewater Treatment Plant Facilities, addressed the Council recommending authorization to issue revenue bonds for the Regional Wastewater Facilities Project. Discussion was had on the matter noting a correction on the Official Statement, Pg A-9 and additional minor changes that may need to be corrected in the final form. Motion was made by Councilman Kloecker seconded by Councilman Hale that the reading of Resolution 92-51 be waived and that it be adopted. RESOLUTION NO. 92 - 51 A RESOLUTION OF THE CITY OF GILROY AUTHORIZING AND APPROVING THE ISSUANCE BY THE SOUTH COUNTY REGIONAL WASTEWATER AUTHORITY OF REVENUE BONDS REGIONAL WASTEWATER FACILITIES PROJECT GILROY SERIES 1992A; APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF AN INSTALLMENT PURCHASE AGREEMENT RELATING TO CAPACITY RIGHTS IN REGIONAL WASTEWATER FACILITIES, AN OFFICIAL STATEMENT AND A BOND Bids re: Signal Mant. Bids re: Traff. Sig. Pub. Hear. Sewer Dev. Fees Res. 92-52 Res.92-53/ 92-64 c .11 ~ PURCHASE AGREEMENT; AND AUTHORIZING THE EXECUTION AND DELIVERY OF AND APPROVING OTHER RELATED DOCUMENTS AND ACTIONS IN CONNECTION THEREWITH. PASSED AND ADOPTED this 6th day of July, 1992, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None At 7:20 p.m. the Police Chief and his Staff gave their De- partment Report. At 8:02 p.m. the Mayor reconvened the meeting. City Administrator Baksa presented a recommendation on a bid received from Signal Maintenance, Inc. in the amount of $10,344.00 to provide maintenance of the City'S Traffic Signal System. Motion was made by Councilwoman Kloecker seconded by Councilwoman Rowlison and carried that the bid of Signal Maintenance, Inc. in the amount of $10,344.00 be awarded to provide maintenance of the City'S Traffic Signal System as recommended. City Administrator Baksa presented a recommendation to approve a proposal of Hanna & Brunetti Associated Engineers in the amount of $51,200.00 for traffic signal design at Princevalle/Tenth Streets and Welburn Avenue/Church Street. Motion was made by Councilman Kloecker seconded by Councilwoman Rowlison and carried that the proposal of Hanna & Brunetti Associated Engineers in the amount of $51,200.00 be awarded as recommended for the traffic signal design at Princevalle/Tenth Streets and Welburn Avenue/Church Street. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider revision and adjustment of Sewer Development Fees for residential, commercial and industrial development. City Administrator Baksa presented and explained the Staff Report. The Mayor asked if there was anyone in the audience wishing to speak on the matter. There was no comment from anyone in the audience. The Mayor closed the Public Hearing. Motion was made by Councilwoman Nelson seconded by Councilman Hale that the reading of Resolution No. 92-50 be waived and that it be adopted to include the adjustments and revisions as noted in Option A. RESOLUTION NO. 92 - 52 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ADJUSTING SEWER DEVELOPMENT FEES FOR RESIDENTIAL, COMMERCIAL AND INDUSTRIAL DEVELOPMENT. PASSED AND ADOPTED this 6th day of July, 1992, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None The following Resolutions authorizing assigning contracts and assets to the South County Regional Wastewater Authority were presented and further explained by the City Attorney noting that some minor changes in the documents may be necessary: Motion was made by Councilman Kloecker seconded by Councilwoman Nelson that the reading of Resolution No. 92-53 be waived and that it be adopted. ~; ~f '1'), ~,. . RESOLUTION NO. 92 - 53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING ASSIGNMENT OF THE CITY OF GILROY'S INTEREST IN LEASE DATED MARCH 1, 1985, EXECUTED BY CROCKER NATIONAL BANK, AS TRUSTEE UNDER THE TRUST CREATED BY THE LAST WILL AND TESTAMENT OF COURTNEY L. MOORE, DECEASED, AND DIXIE LEE ME I SELBACH , COLLECTIVELY AS LESSOR, AS LESSEE THEREUNDER, TO THE SOUTH COUNTY REGIONAL WASTEWATER AUTHORITY, AND AUTHORIZING EXECUTION OF ASSIGNMENT AND ASSUMPTION OF LEASE. PASSED AND ADOPTED this 6th day of July, 1992, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None Motion was made by Councilman Kloecker seconded by Councilwoman Nelson that the reading of Resolution No. 92-54 be waived and that it be adopted. RESOLUTION NO. 92 - 54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING ASSIGNMENT OF THE CITY OF GILROY'S INTEREST IN LEASE DATED JULY 1, 1986, EXECUTED BY JOSEPH GUBSER, JR., AS LESSOR, AS LESSEE THEREUNDER, TO THE SOUTH COUNTY REGIONAL WASTEWATER AUTHORITY, AND AUTHORIZING EXECUTION OF ASSIGNMENT AND ASSUMPTION OF LEASE. PASSED AND ADOPTED this 6th day of July, 1992, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None Motion was made by Councilman Kloecker seconded by Councilwoman Nelson that the reading of Resolution No. 92-55 be waived and that it be adopted. RESOLUTION NO. 92 - 55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING ASSIGNMENT OF THE CITY OF GILROY'S INTEREST IN LEASE WITH EDWARD F. KEAVENEY AND JACQUELYN C. KEAVENEY, AS LESSEE THEREUNDER, TO THE SOUTH COUNTY REGIONAL WASTEWATER AUTHORITY, AND AUTHORIZING EXECUTION OF ASSIGNMENT AND ASSUMPTION OF LEASE. PASSED AND ADOPTED this 6th day of July, 1992, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None Motion was made by Councilman Kloecker seconded by Councilwoman Nelson that the reading of Resolution No. 92-56 be waived and that it be adopted. RESOLUTION NO. 92 - 56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING THE TRANSFER BY THE CITY OF GILROY OF ALL FURNITURE, FIXTURES, EQUIPMENT AND MACHINERY AND OTHER PERSONAL PROPERTY OWNED BY THE CITY OF GILROY IN CONNECTION WITH THE JOINT GILROY/MORGAN HILL SEWAGE TREATMENT PLANT TO SOUTH COUNTY REGIONAL WASTEWATER AUTHORITY, AND AUTHORIZING EXECUTION OF BILL OF SALE. PASSED AND ADOPTED this 6th day of July, 1992, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GILROY, ROWLISON, COUNCILMEMBERS: None COUNCILMEMBERS: None HALE, KLOECKER, NELSON, VALDEZ and GAGE Motion was made by Councilman Kloecker seconded by Councilwoman Nelson that the reading of Resolution No. 92-57 be waived and that it be adopted. RESOLUTION NO. 92 - 57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING CONVEYANCE OF ASSESSOR'S PARCEL NUMBERS 841-24-040, 841-15-004, 841-15-073, 841-30-012, 841-30-011, AND PORTION OF 841-29-029 TO THE SOUTH COUNTY REGIONAL WASTEWATER AUTHORITY, AND AUTHORIZING EXECUTION OF GRANT DEED. PASSED AND ADOPTED this 6th day of July, 1992, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE None None COUNCILMEMBERS: COUNCILMEMBERS: Motion was made by Councilman Kloecker seconded by Councilwoman Nelson that the reading of Resolution No. 92-58 be waived and that it be adopted. RESOLUTION NO. 92 - 58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING THE ASSIGNMENT BY THE CITY OF GILROY OF THAT CERTAIN AGREEMENT DATED MARCH 31, 1992 BETWEEN THE CITIES OF GILROY AND MORGAN HILL, ACTING TOGETHER AS A JOINT POWERS AUTHORITY, AND O'BRIEN-KREITZERG & ASSOCIATES, INC., FOR CONSTRUCTION MANAGEMENT SERVICES, AND AUTHORIZATION TO EXECUTE ASSIGNMENT OF CONTRACT AND DOCUMENTS. PASSED AND ADOPTED this 6th day of July, 1992, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None Motion was made by Councilman Kloecker seconded by Councilwoman Nelson that the reading of Resolution No. 92-59 be waived and that it be adopted. RESOLUTION NO. 92 - 59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING THE ASSIGNMENT BY THE CITY OF GILROY OF CERTAIN CONTRACTS BETWEEN THE CITIES OF GILROY AND MORGAN HILL AND JAMES M. MONTGOMERY CONSULTING ENGINEERS, INC., AND AUTHORIZATION TO EXECUTE ASSIGNMENT OF CONTRACTS, PLANS AND BIDS. PASSED AND ADOPTED this 6th day of July, 1992, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE None None COUNCILMEMBERS: COUNCILMEMBERS: Motion was made by Councilman Kloecker seconded by Councilwoman Nelson that the reading of Resolution No. 92-60 be waived and that it be adopted. RESOLUTION NO. 92 - 60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING THE ASSIGNMENT BY THE CITY OF GILROY OF THAT CERTAIN CONTRACT BETWEEN THE CITIES OF GILROY AND MORGAN HILL AND OPERATIONS MANAGEMENT INTERNATIONAL, INC., AND AUTHORIZATION TO EXECUTE ASSIGNMENT OF CONTRACT. PASSED AND ADOPTED this 6th day of July, 1992, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None .t .'i' t} ~ . i ~.~~ ~'~ ' .J> {;, l f-..l Motion was made by Councilman Kloecker seconded by Councilwoman Nelson that the reading of Resolution No. 92-61 be waived and that it be adopted. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUTHORIZING THE EXECUTION BY THE CITY OF GILROY WITH SOUTH COUNTY REGIONAL WASTEWATER AUTHORITY SERVICES, STAFF AND PERSONNEL. PASSED AND ADOPTED this 6th day of July, 1992, by vote: AYES: NOES: ABSENT: RESOLUTION NO. 92 - 61 GILROY OF A CONTRACT FOR RENDERING OF the following COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None Motion was made by Councilman Kloecker seconded by Councilwoman Nelson that the reading of Resolution No. 92-62 be waived and that it be adopted. RESOLUTION NO. 92 - 62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY TRANSFERRING AND ASSIGNING TO THE SOUTH COUNTY REGIONAL WASTEWATER AUTHORITY THE CITY'S INTERESTS, RIGHTS AND RESPONSIBILITIES UNDER BAY AREA AIR QUALITY MANAGEMENT DISTRICT PERMIT TO OPERATE PLANT NO. 1381 AND APPLICATION NO. 8831 FOR AUTHORITY TO CONSTRUCT/PERMIT TO OPERATE. PASSED AND ADOPTED this 6th day of July, 1992, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None Motion was made by Councilman Kloecker seconded by Councilwoman Nelson that the reading of Resolution No. 92-63 be waived and that it be adopted. RESOLUTION NO. 92 - 63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY TRANSFERRING AND ASSIGNING TO THE SOUTH COUNTY REGIONAL WASTEWATER AUTHORITY THE CITY'S INTERESTS, RIGHTS AND UNDER ORDER NO. 92-20 OF THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD--CEN1RAL COAST REGION PERMITTING WASTEWATER DISCHARGES. PASSED AND ADOPTED this 6th day of July, 1992, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None Motion was made by Councilman Kloecker seconded by Councilwoman Nelson that the reading of Resolution No. 92-64 be waived and that it be adopted. RESOLUTION NO. 92 - 64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY TRANSFERRING AND ASSIGNING TO THE SOUTH COUNTY REGIONAL WASTEWATER AUTHORITY THE CITY'S INTERESTS, RIGHTS AND RESPONSIBILITIES UNDER ORDER NO. 85-82 OF THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD--CENTRAL COAST REGION PERMITTING WASTEWATER RECLAMATION. PASSED AND ADOPTED this 6th day of July, 1992, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None Co. Imp. Fee Council Meetings Sandrino's Plan. Com. 7-2-92 ~ City Administrator Baksa presented and explained an agree- ment with the County for an Implementation Fee under AB 939 for $1.00. (rc,:,"; J.. t: ,I I Motion was made by Councilwoman Nelson seconded by Councilman Kloecker and carried that the Agency Agreement with the County be approved and executed for a Countywide AB 939 Implementation Fee ($1.00) as recommended. Discussion was had on a policy on the length of Council Meetings. Council agreed that the Mayor would inquire at approximately 10:30 p.m. if Council wished to continue with the agenda or continue to another date. Councilwoman Nelson suggested that Council reports be limited to five minutes and submit a written report to Council if time permits and if the subject appears to be a lengthy issue. A letter from Alex Larson was noted regarding alleged violations at 430 First Street. The City Attorney gave an up- date on legal procedures being pursued and recommended that the matter of the dance permit or bar permit not be discussed by Council until after January 22, 1993. The following informational items were noted with no separate discussion on same except as noted: Customer Service: Rod Kelly School In Appreciation. Gilroy Chapter of J.A.C.L. In Appreciation; state Budget Issues: City'S Response to Assemblyman Areias and Senator Mello re: Senate Bill 797; Gilroy Chamber of Commerce to Assemblyman Areias, Senator Mello and Governor Wilson; Santa Clara County Cities Association. Outreach Agency to Governor Wilson. League of California Cities re: Budget Update, June 30, 1992 and; Assemblyman Areias, dated June 26, 1992. California Parks & Recreation Society Award to Julie Spier; Police Department Employee of the Month of May 1992 Award to Pat Cooper; Alex Larson Requesting Reinstatement of Dance Permit at Sandrino's Ristorante & Bar, Inc.; City In Appreciation of Mauro Stationers Loan of Material during Remodeling Project; Takko-Machi, Sister City, In Appreciation of Gilroy High School Visit and Concert and Notification of Their Attendance to the Gilroy Garlic Festival;.and Uvas Creek Park Preserve News Bulletin 12, June 26, 1992. Noted that the Report of the Planning Commission Meeting of July 2, 1992 would be forthcoming. Noted the Update on the Water Conservation Program. City Administrator Baksa distributed copies of a proposed E l'j,1 Adjrnmt. I ~ purchasing policy of the City to be agendized July 27, 1992 for approval. Motion was made by Councilman Kloecker seconded by Councilman Valdez and failed by the following Roll Call Vote to televise the July 27, 1992 Joint Council/Planning Commission study Session re: discussion of General plan policies for the Land use Element: Ayes: Councilmembers: Kloecker, Rowlison and Valdez; Noes: Councilmembers: Gilroy, Hale, Nelson and Gage. Councilman Kloecker requested a summary of upcoming items and issues scheduled for specific meetings. Council discussed a letter from Supervisor Honda regarding a Greenbelt Implementation Report and requested that it be agendized at the next regular meeting to discuss a City's representative on the Task Force Committee. Councilwoman Nelson invited Council to the annual John Birch Society Barbecue July 11, 1992 requesting RSVPs to Mrs. Kazanjian or Mrs. Gurries. Councilwoman Rowlison requested an agenda for the Joint Council/Planning Commission Study Session on July 27, 1992. City Administrator Baksa noted that an agenda would be prepared. The Mayor noted the following meetings: Council Study Session, July 13, 1992 - 7:00 p.m., Council Chambers: re: continued discussion of sidewalk options regarding City v property owner's responsibility for maintenance. Leadership Forums, Senior Center, 7:30 a.m. to 9:00 a.m., July 16, September 17 and November 19, 1992. Joint City/School Liaison Committee Meeting, July 22, 1992 - 5:30 p.m., Council Chambers. Joint City Council/Planning Commission Study Session, July 27, 1992, requesting time change to 7:30 p.m., Senior Center, re: discussion of General Plan Policies for the Land Use Element. Annual Employees'/Council/Commission Barbecue, August 15, 1992, Christmas Hill Park. At 9:02 p.m., the Mayor adjourned the meeting. ~::;?S~d~ ~2City Clerk