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Minutes 1993/10/04 Invocation Posting Agenda Roll Call Consent Calendar Minutes Imprvmts. Surplus Equip. Ord.93-20 Sweeper Bid Ag.Disclo- sure Ord. .' " ~. "'t ,,_~ ~ l\J~ Regular Meeting October 4, 1993 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Pastor Lee Neisch, United Methodist Church gave the Invocation. The City Clerk noted that the Agenda had been posted on September 30, 1993 at 8:44 a.m. Present: Councilmembers: K. A. Mike Gilroy, Leonard A. Hale, Sara C. Nelson, Suellen C. Rowlison, Pete Valdez, Jr. and Donald F. Gage; Absent: Councilmember: Paul V. Kloecker. Motion was made by Councilwoman Valdez, seconded by Councilman Hale that the following items under the Consent Calendar be approved, (removing Item "B" Ordinance Amending Sections 50.66(d), (f), and (i) of the zoning Ordinance to be voted upon separately) by the following Roll Call Vote: Ayes: Councilmembers: K. A. Mike Gilroy, Leonard A. Hale, Sara C. Nelson, Suellen C. Rowlison, Pete Valdez, Jr. and Donald F. Gage: Absent: Councilmember: Paul V. Kloecker: Minutes of the Regular Council Meeting September 20, 1993; Accepted Improvements of Project 93-07, Odd Fellow-Rebekah Children's Homes; and Approved and Declared Surplus Equipment as recommended. Adopted Ordinance No. 93-20, Amending Sections 50.66 (d), (f), and (8) of the Zoning Ordinance. ORDINANCE NO. 93 - 20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING SECTIONS 50.66 (d), (f), AND (i) OF THE GILROY ZONING ORDINANCE RELATING TO THE RESIDENTIAL DEVELOPMENT ORDINANCE. PASSED AND ADOPTED this 4th day of October, 1993, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GILROY, HALE, NELSON, ROWLISON and GAGE VALDEZ KLOECKER COUNCILMEMBER: COUNCILMEMBER: City Administrator Baksa presented a recommendation on a bid from TYMCO in the amount of $96,342.50 for a Street Sweeper further explained by Director of Public Works Allen. (At 7:06 p.m. Councilman Kloecker entered and took his seat at the Council table.) Motion was made by Councilman Hale seconded by Councilwoman Nelson and carried that the bid of TYMCO be awarded in the amount of $96,342.50 for a Street Sweeper as recommended. (The Mayor deviated from the regular order of the agenda in order to accommodate interested persons in the audience.) A request of the Santa Clara County Farm Bureau re: Agri- cultural Disclosure "Right To Farm" Ordinance was noted. Ms. Nancy Richardson, Executive Director of the Santa Clara County Farm Bureau, addressed the Council further explaining their request. Discussion was had by Council on the matter. 1:,'~~'L~ Pub.Hear. Forest st. Assmt.Dist. Motion was made by Councilman Kloecker seconded by Council- man Hale and carried that Staff be directed to prepare an ordinance for introduction re: Agricultural Disclosure "Right To Farm" matter. The Mayor continued with the regular order of the agenda. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider formation of an assessment district re: Forest street, located North of Leavesley Road. An updated Staff Report was noted and further explained by Director of Public Works Allen. The Mayor asked if there was anyone in the audience wishing to speak on the matter. The following persons addressed the Council: Beverly Nelson, representing South County Housing on behalf of Hope Rehabilitation's Youth Recreation Center in opposition to including Murray Avenue properties within the proposed district, noting youths active in the Center present in the audience. Terry Escodero, employed at the recreation center opposed to the proposed Forest Street Assessment District due to proposed rent increases to the Youth Center. Youth Center participants: Tony; Eddie; Paul opposed to the proposed Assessment District. A. Ramirez, opposed to the proposed assessment district due to increase in rent for the Youth Center facility. Jane Solomon, 7240 Trenton Place, employed at the Youth Center, noting that additional rent to the Center would create a financial problem. Josie Martinez, South County Counseling Center - Counselor, opposed to Forest Street Assessment District, noting that the developers should pay for their own improvements. Ray Peterson, 8595 Murray Avenue, noting that he has not received notice of the proposed assessment district and that he owns Assessment No. 5 within the District. It was noted that Mr. Peterson is not listed as a property owner for Assessment No. 5 on the Santa Clara County Assessor's Tax Rolls. Virginia Fanelli, property owner, noting that Gilroy Associates, Ltd. have previously submitted written notice in opposition to the formation of the Forest Street Assessment District, further noting that they are in opposition to the costs and methods used in obtaining the figures in formation of the proposed district. Jean Blake, 8665 Murray Avenue, noted that she has filed a written letter of protest and that the estimates for formation of this proposed district are still too high even with Murray Avenue removed, noting that she wishes to share in the improvement of Forest Street at a more reasonable cost. James Purcell, President of Hope Rehabilitation Properties, noted continued changes in the estimated costs of the proposed district and indicated a need for the improvements at a more affordable cost. Bill Reimal, 7555 Kentwood Court, representing Kishimura and Fortino properties, requesting the hearing be continued to the October 25th regular Council Meeting in order to investigate the hardships of the property owners and agreed that Murray Avenue improvements be eliminated from the proposed North Forest Street Assessment District. , "~ '; ~ ., i Frank Flautt, 5605 Mesa Avenue, property owner on Murray Avenue, noting that 50% of the assessment benefit is with two property owners and requested Council make a decision at this meeting to eliminate Murray Avenue properties from the Assessment District. Mr. Philip D. Assaf, Bond Attorney, noted the Public Hearing could be continued to October 25, 1993. Discussion was had by Council on the matter. Councilwoman Nelson suggested that Murray Avenue be eliminated from the district and proceed with Forest street at a continued hearing on October 25, 1993. Councilman Kloecker suggested the entire proposal including Murray Avenue be continued to October 25, 1993 to keep all options open,. recognizing the objections to Murray Avenue, noting that some additional financial assistance from the applicants of the district may gain additional percentage of approval from the surrounding owners. Motion was made by Councilwoman Nelson seconded by Councilman Hale by the following Roll Call vote that the Public Hearing be continued to October 25, 1993 with the elimination of the Murray Avenue improvements from the proposed assessment district: Ayes: Councilmembers: Hale, Nelson, Rowlison and Gage; Noes: Councilmembers: Gilroy, Kloecker and Valdez. Discussion was had regarding estimated costs to date, noted by Director of Public Works Allen to be in the amount of $235,000 paid in full as a deposit by the original proponents and if Council wishes not to proceed there is no liability to the City. It was also noted by Mr. Assaf that if there are any changes in the proposal, notices to property owners will clearly state that the assessments are exclusive of Murray Avenue. It was further stated that Mr. Bill Reimal, representing the applicants would contact the property owners with any proposed changes to the original assessments. SCRWA City Administrator Baksa presented and explained a proposed ordinance adopting by reference, an ordinance of the South county Regional Wastewater Authority regulating industrial users and setting uniform requirements for discharge into the wastewater collection and treatment system. Motion was made by Councilman Kloecker seconded by Councilman Hale and carried by unanimous vote that the title of the ordinance be read and waive further reading of the ordinance. Motion was made by Councilman Kloecker seconded by Council- man Hale and carried that the proposed ordinance be introduced adopting by reference Ordinance No. 93-1 of South County Regional Wastewater Authority. The City Clerk read the title of the proposed ordinance. Motion was made by Councilman Kloecker seconded by Council- woman Nelson and carried that October 25, 1993 Regular Council meeting be set for a Public Hearing on adoption of the proposed ordinance. The Mayor asked if there was anyone in the audience wishing to speak on any matter not on the agenda. Marie Gage, 9230 Rancho Hills Drive, addressed the Council regarding the bid awarded MTH Engineers, Inc., electrical engineering firm as professional consultant to provide the electrical system design services for Electric/Lighting System Renovation at Christmas Hill Park, noting their bid not being the low bidder. She noted that the low bidder is one of her clients. She requested Council change its policy of approving bids that include additional items not specified in the original specifications. ~. i ~. ~i UFW A request of United Farm Workers was noted, requesting that they be agendized in regard to the Grape Boycott issue. Ms. Cynthia Fuentes, 335 Desert Route Lane, San Jose, representing the United Farm Workers, addressed the Council requesting Council reconsider their previous decision to take no action on the Grape Boycott issue, further explaining same. She presented videos for Council review of the Grape Boycott issue. Councilwoman Rowlison suggested that the grape boycott information presented be displayed at City Hall. Aaron Jones, member of the Grape Workers & Farmers Coalition, addressed the Council and restated his opposition to the Grape Boycott and urged Council to not support same. Rudy Medina, United Farm Workers Coordinator, addressed the Council further explaining their request to support the Grape Boycott issue. Discussion was had by Council on the matter. Councilman Kloecker recommended that the City not change its position to take no action on the Grape Boycott issue and not support display of information at City Hall which would be inconsistent with no endorsement of same. Councilman Gilroy recommended that the City approve a policy to not endorse any boycott issqes - "period." Councilman Valdez restated his previous position that the City not supporting the Grape Boycott issue has no reference to Caesar Chavez who the City has previously honored for his social changes and efforts for farm workers; that the Grape Boycott issue should be separate from recognition of Caesar Chavez. Council agreed to take no action regarding support of the Grape Boycott issue. The following informational items were noted with no separate discussion on same: Customer Service: Parks & Recreation Inter-Office Memo re: Holbrook Relocation Assistance; Police Department Memorandum of Commendation to Corporal Steve Becerra; Annual Chip Seal Survey; Proclamations Issued by Mayor Gage: Fire Prevention Week - October 3-9, 1993; White Cane Safety Day - October 15, 1993; and Disability Awareness Month - October, 1993; Police Department Employee of the Month of August 1993 - Officer steve Morrow; Armory Demographic Report - 1992-1993; Planning Department Status Report of the City's Long-Range Applications; Newspaper Editorial re: Garlic; Community Services Resource Guide; and ABAG & City's Draft Population Projections for 1994. SCRWA The Minutes of the South County Regional Wastewater Authority Meeting of August 24, 1993 were noted. City Administrator Baksa requested Council update the list of Council representatives to other agencies, etc. City Administrator Baksa noted the Council study Session of October 11, 1993 re: Strategic Planning - Economic Vitality. City Administrator Baksa noted a neighborhood meeting scheduled for October 6, 1993 re:a draft tentative work plan for the proposed community Youth Center on the P.G. & E. property. He noted that he would have copies available for Council of the Staff Report to be addressed at the Planning Commission meeting on October 7, 1993. (At 9:00 p.m. the Mayor declared a brief recess to change the video tape.) Further discussion was had regarding the proposed Youth Center and progress report by the Mayor. City Administrator Baksa reported that he would have update on options regarding the Old City Hall building for Council at the October 25, 1993 regular meeting. City Administrator Baksa noted proposed legislation for League Conference to be copied for Council review and directive to League Delegates. City Administrator Baksa noted that League of California Cities bulletins are mailed to City Administrator and Mayor only. City Administrator Baksa noted the Library & Culture Commission met regarding City Charter requirements and proposed changes. The Mayor noted the City Council Joint Study Session with Morgan Hill, Hollister City Councils' re: 1992 Cable Act. The Mayor noted a proclamation he issued for October 1993 as "Gilroy is Great" Month requested by the Gilroy Dispatch. Councilwoman Rowlison reported on the Flood Control District tour of the county re: South county Projects. Councilwoman Rowlison reported on a recently attended Trade Show in San Jose and booths promoting businesses in which she invited them to the Garlic Festival. Councilman Hale inquired of League of California Cities legislation to be acted upon at the annual conference and noted election of officers at the Peninsula Division Meeting to be conducted at the League Conference. City Administrator Baksa noted that if Council had concerns regarding the legislation that same could be acted upon prior to the Study Session scheduled for October 11, 1993 in the Employees' Lounge re: Strategic Planning. Councilman Kloecker gave an update regarding the merger of the Transit District Board with CMA noting that Council previously opposed to same and requested that Council reinforce their previous position and notify the City'S representative, Councilman Jim Lawson, Milpitas. He noted that he would prepare a letter indicating the City'S opposition to same for the City'S representative. Council had no objection to same. Councilman Gilroy requested that the City obtain accountability of Wal-Mart's procedures in hiring local residents as employees at the local Wal-Mart business. Councilman Gilroy inquired of the RFP's noted by Marie Gage regarding the consultant's bid for the electrical system design for Christmas Hill Park and why same are different than the bid specifications. Councilman Valdez inquired of the length of time of residency of local residents hired by Wal-Mart. It was noted that this information may not be public. Adjrnmt. Councilwoman Nelson requested that reports of City Councilmembers be placed upon the agenda earlier in the meeting. Councilwoman Rowlison requested that Council meet with the Public Information Technician for assistance in use of micro- phones, etc. to better inform Council and better transmission to Council and the public. The Mayor noted the following meetings and events: Joint Gilroy, Morgan Hill, Hollister City Councils' study Session, October 5, 1993 - 7:00 p.m., re: Discussion of 1992 Cable TV Act, Gilroy City Hall Council Chambers, 7351 Rosanna Street, Gilroy, CA 95020. To be televised; Gilroy City Council Study Session, October 12, 1993 - 7:00 p.m., re: Continued Discussion of the Anti-Violent Crime Report, City Hall Council Chambers, 7351 Rosanna Street, Gilroy, CA 95020. To be televised; League of California Cities 1993 Annual Conference, October 17th to 19, 1993, Moscone Center, San Francisco. LCC Peninsula Division Annual Conference Meeting & Mixer, October 18, 1993 - 5:30 p.m. to 7:30 p.m., Moscone Center Room 230, San Francisco. RSVP not required; Gilroy City Council Regular Meeting of October 18, 1993 - 7:00 p.m., Cancelled; Municipal Election Forum, October 26, 1993 - 7:00 p.m., Council Chambers, City Hall, 7351 Rosanna Street, Gilroy, CA 95020. To be televised. Sponsored by AAUW; and Municipal Election Forum, October 28, 1993 - 7:00 p.m., Council Chambers, City Hall, 7351 Rosanna Street, Gilroy, CA To be televised. Sponsored by Gilroy Chamber of Commerce. At 9:36 p.m. the Mayor adjourned the meeting to October 25, 1993. (October 18, 1993 Regular Council Meeting cancelled.) and further noted that the previously scheduled Closed Session re: personnel matter (City Administrator's evaluation) to follow this meeting would be re-scheduled to 6:00 p.m. on October 25, 1993 preceding the 7:00 p.m. regular meeting. Council agreed. Respectfully submitted, A / 1,/~ ','-. 'ac; 0WJVL/ (c/. f')'i&t/11r~~U;~;; ( City Clerk A.' V