Minutes 1993/07/26
Invocation
Posting
Agenda
Roll Call
Consent
Calendar
Budget
Res.93-42
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Regular Meeting
July 26, 1993
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Pastor Jeff Hood, First Baptist Church gave the Invocation.
The City Clerk noted that the Agenda had been posted on
July 22, 1993 at 10:15 a.m.
Present: Councilmembers: Mike Gilroy, Leonard A. Hale, Paul
V. Kloecker, Sara C. Nelson, Pete Valdez, Jr. and Donald F. Gage;
Absent: Councilmember: Suellen C. Rowlison.
Motion was made by Councilman Hale, seconded by Council-
woman Nelson that the following items under the Consent Calendar
be approved, by the following Roll Call Vote: Ayes: Councilmem-
bers: Mike Gilroy, Leonard A. Hale, Paul V. Kloecker, Sara C.
Nelson, Pete Valdez, Jr. and Donald F. Gage; Absent: Council-
member: Suellen C. Rowlison;
Approved Budget Amendments/Transfers as recommended.
Adopted Resolution No. 93-42 authorizing the California
Highway Patrol to direct, control and enforce traffic laws within
the City of Gilroy during the Annual Garlic and Hispanic Cultural
Festivals.
RESOLUTION NO. 93 - 42
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING
THE CALIFORNIA HIGHWAY PATROL TO DIRECT AND CONTROL TRAFFIC AND
ENFORCE TRAFFIC LAWS WITHIN THE GILROY CITY LIMITS DURING THE
ANNUAL GILROY GARLIC FESTIVAL AND HISPANIC CULTURAL FESTIVAL.
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Pub. Hear.
Maint.Dist.
#1, Country
Estates
Res.#93-43
PASSED AND ADOPTED this 26th day of July, 1993, by the following
vote:
AYES:
COUNCILMEMBERS:
GILROY, HALE, KLOECKER,
VALDEZ and GAGE
None
ROWLISON
NELSON,
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
At 7:02 p.m. Director of Public Works Allen gave a Depart-
mental Report explaining the Chip Seal Program. At 7:17 p.m.
City Administrator Baksa gave a Departmental Report on Emergency
Operations explaining the Multihazard Functional Planning Guid-
ance-1990 document. At 8:11 p.m. the Mayor reconvened the
meeting.
The Mayor stated that it was the time and place scheduled
for the Public Hearing to consider the Annual Benefit Assessment
for Maintenance District No.1, city of Gilroy (Country Estates),
1993-1994 Fiscal Year.
The Staff Report was noted and further explained by
Director of Public Works Allen.
Director of Public Works Allen noted a protest received
from Ernest A. Steno, 2380 Hollyhock Lane, Lot #5, further
explaining same.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the matter. There was no comment from
anyone in the audience. The Mayor closed the Public Hearing.
Motion was made by Councilmember Gilroy seconded by
Councilman Valdez that the reading of Resolution No. 93-43 be
waived and that it be adopted.
RESOLUTION NO. 93-43
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REGARDING
MAINTENANCE DISTRICT NO.1, CITY OF GILROY, GIVING FINAL APPROVAL
TO THE ANNUAL BUDGET AND ANNUAL ENGINEER'S REPORT, OVERRULING
PROTESTS AND ORDERING THE LEVY AND COLLECTION OF BENEFIT
ASSESSMENTS FOR THE FISCAL YEAR 1993-1994.
PASSED AND ADOPTED this 26th day of July, 1993, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON,
VALDEZ and GAGE
COUNCILMEMBERS: None
COUNCILMEMBERS: ROWLISON
Discussion was had regarding a proposed ordinance amending
various City Code Sections from Infractions to Misdemeanors.
Council requested the following changes to be made within
the ordinance:
Allow opposite sex to aid handicap persons in restrooms;
Clarify flying of model airplanes to prohibit only power
motor model airplanes; and
Allow Director to modify or waive the requirements of
Section 18.6 from a "time-to-time" basis.
Discussion was had regarding modif~cations, amendments,
revisions to the Code sections presented for changes in addition
to infractions/misdemeanors.
Motion was made by Councilman Kloecker seconded by Council-
man Valdez and not carried unanimously to read the proposed
ordinance by title only and waive further reading of the
ordinance. Councilwoman Nelson voted "no" on the matter.
Motion was made by Councilwoman Nelson seconded by Council-
man Kloecker and carried to reconsider the previous motion.
Presenta-
tions
Qtr.Reports
.~
Motion was made by Councilman Kloecker seconded by Council-
man Valdez and unanimously carried that the proposed ordinance be
read by title only and waive further reading of the ordinance.
Motion was made by Councilman Kloecker seconded by Council-
man Valdez and carried that the proposed ordinance be introduced
amending the City Code Sections designating certain infraction
violations as misdemeanors as presented with the three changes
previously noted. Councilmembers: Gilroy and Nelson voted "no"
on the motion.
Motion was made by Councilman Kloecker seconded by Council-
woman Nelson and carried to reagendize the ordinance after Parks
and Recreation Staff review Sections 18.2 and 18.5, and Parks &
Recreation Commission if necessary, for determination whether
any provisions therein should be amended, revised, changed or
deleted.
Councilman Hale emphasized, unless documents under Presen-
tations Section of the Agenda are included with the Council
packets, he would not be in favor of action by Council on any
requests.
Noted a request of Thomas S. Brachko, Cerritos, CA for
support of legislation re: The Language of Government Act,
Employer Tax Credit to Teach English. Council took no action in
support of this legislation.
At 9:01 p.m. the Mayor paused for a moment to change the
video tape.
The following information items were noted with no separate
discussion on same:
Correspondence re: Regional Government/Governance:
Franklin H. Ernst, Jr., M.D. re: AB 398 (Valerie Brown)
Version #6, dated July 12, 1993;
Customer Service:
NYSCA Coach of the Year for 1992 - 1993, Pat Snarl
P. & R. Director's Letter to the Editor-Gilroy Dispatch,
re: 4th of July Celebration;
The VMC Foundation In Appreciation of Police Department;
PrOClamations/Certificates Issued by Mayor Gage:
Pollution Prevention Week - October 4-10, 1993; Joseph
Gubser, Jr. Commendation for 50th Yr. Anniversary; Takko-Machi
(Sister City) In Appreciation; and
Ted Schaal re: RDO Build-out Schedule.
City Administrator Baksa distributed the Quarterly Reports.
Tom Cumpston, Deputy City Attorney, noted resignation from
law firm of Berliner, Cohen to accept employment in El Dorado
County.
Councilman Kloecker gave an update on the reorganization of
the Transportation Commission noting that he would be requesting
opposition to this proposal at a future date.
Councilman Hale complimented the Mayor for his concern of
Takko-Machi (Sister City) during the earthquake in Japan.
Councilwoman Nelson invited Council to the 19th Annual Fund
Raiser of the John Birch Society at the Live Oak Winery on July
31, 1993 at Noon, noting that this organization sent 650 children
to summer camp.
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Councilman Valdez noted that he would not be able to attend
due to a previous commitment.
The Mayor noted the following meetings:
Gilroy City Council Study session, July 28, 1993 - 7:00
p.m., re: Violent Crime Report, Council Chambers, City Hall, 7351
Rosanna Street, Gilroy, CA 95020. To be televised;
Gilroy City Council Study Session, August 4, 1993 - 7:00
p.m. re: Residential Development Ordinance proposed revisions,
Council Chambers, City Hall, 7351 Rosanna Street, Gilroy, CA
95020. To be televised;
Annual City of Gilroy Employees' BBQ, August 21, 1993, 4:00
p.m. to 11:00 p.m., Christmas Hill Park;
Leadership Forum, september 16, 1993, 7:30 a.m. to 9:00
a.m., re: Fire Prevention and Education, Gilroy Senior Center
Meeting Room, 7371 Hanna Street, Gilroy, CA 95020; and
League of California Cities 1993 Annual Conference, October
17 to 19, 1993, Moscone Center, San Francisco. RSVP City Clerk.
The following requested reservations: Councilmembers:
Gilroy, Hale, Kloecker and Valdez.
Adjrnmt
At 9:08 p.m. the Mayor adjourned to a Closed Session re:
Existing Litigation - DOUG NORTH, d/b/a VIDEO OUTLET v. CITY OF
GILROY, a municipal corporation in accordance with Section
54956.9(a) of the Government Code.
At 9:15 p.m. the Mayor reconvened and further adjourned the
meeting.
Respectfully submitted,
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