Loading...
Minutes 1993/12/06 L-l{i~' "t ). i ,"j Invocation posting Agenda Roll Call Consent Calendar Minutes Regular Meeting December 6, 1993 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Pastor Charles Krahenbuhl, united Methodist Church gave the Invocation. The city Clerk noted that the Agenda had been posted on December 2, 1993 at 11:58 a.m. Present: councilmembers: K. A. Mike Gilroy, Paul V. Kloecker, Charles S. Morales, connie Rogers, Suellen C. Rowlison, Pete valdez, Jr. and Donald F. Gage. Motion was made by Councilman Gilroy, seconded by council- woman Rowlison that the following items under the consent Calendar be approved, by the following Roll Call Vote: Ayes: councilmembers: K. A. Mike Gilroy, Paul V. Kloecker, charles s. Morales, Connie Rogers, Suellen C. Rowlison, Pete valdez, Jr. and Donald F. Gage: Minutes of the Regular Council Meeting, November 15, 1993; Res.93-70 Minutes Budget Dev.Agree. Minutes Res.93-71 Res.93-72 Equipment ~; 1 i:J Adopted Resolution No. 93-70 supporting Nasa Ames Research Center as the location for the planned new wind tunnels; RESOLUTION NO. 93 - 70 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY SUPPORTING NASA AMES RESEARCH CENTER AS THE LOCATION FOR PLANNED NEW NASA WIND TUNNELS. PASSED AND ADOPTED this 6th day of December, 1993, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None; ROGERS, Minutes of the special council Meeting, November 16, 1993; Approved Budget Amendments/Transfers as recommended; Approved Development Agreement #93-45, John Filice & Ted schaal, Tract #8627 as recommended; Minutes of the Regular Council Meeting, November 22, 1993; Adopted Resolution No. 93-71 authorizing Human Resources Director to Make Determinations affecting Disability Retirement; RESOLUTION NO. 93 - 71 A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DELEGATING AUTHORITY TO THE HUMAN RESOURCES DIRECTOR TO MAKE DETERMINATIONS UNDER SECTION 21023.6 OF THE GOVERNMENT CODE AFFECTING DISABILITY RETIREMENT WITH THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM. PASSED AND ADOPTED this 6th day of December, 1993, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None; and; ROGERS, Adopted Resolution No. 93-72 of Intention to Amend PERS contract, section 20024.2 (one Year Final compensation) for Local Police Members. RESOLUTION NO. 93 - 72 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF GILROY. PASSED AND ADOPTED this 6th day of December, 1993, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None ROGERS, city Administrator Baksa presented and explained a recom- mendation to approve bids on computer Equipment to Software Solutions in the amount of $5,014.14 for a laser printer and to precision Technology in the amount of $5,755.64 for a personal computer. Motion was made by councilwoman Rowlison seconded by Coun- cilman Kloecker and carried that the following bids for computer equipment be awarded: Software solutions in the amount of $5,014.14 and precision Technology in the amount of $5,755.64 as recommended. Councilman Kloecker requested information at a future Departmental Report regarding the entire life cycle cost approach for computer equipment. ,f; "';: ) t ..L\. Pub.Hear. re:Appeal Fortino Prop. Pub.Hear. utility Dist. #5 Res.93-73 Pub.Hear. N.Forest st. Assmt. Dist. The Mayor continued the Hearing on Appeal of the Decision of the Planning commission to December 20, 1993 regarding affirming the Planning Director's interpretation of section 50.62 b.1. of the zoning ordinance allowing Mr. Fortino to build on lots on Mesa Road, requested by Mr. Bill Henry, Garcia & Henry, representing Mr. Fortino. The Mayor stated that it was the time and place scheduled for a Public Hearing of Intention to consider establishing Under- ground utility District No. 5 along that portion of Leavesley Road between Murray Avenue and approximately 600 feet west of Arroyo circle and San Ysidro Avenue between Leavesley Road and approximately 400 feet north of Leavesley Road. The 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 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 Kloecker seconded by councilman Gilroy that the reading of Resolution No. 93-73 be waived and that it be adopted. RESOLUTION NO. 93 - 73 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING UNDERGROUND UTILITY DISTRICT NO.5. PASSED AND ADOPTED this 6th day of December, 1993, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GILROY, KLOECKER, MORALES, ROGERS, ROWLISON,VALDEZ and GAGE None None COUNCILMEMBERS: COUNCILMEMBERS: The Mayor stated that it was the time and place scheduled for the continued Public Hearing on the Resolution of Intention and the Engineer's Report re: North Forest Street Assessment District, continued from November 15, 1993. An updated staff Report was noted further explained by Director of Public works Allen, noting 73.4% of the property owners are in favor of formation of the proposed district. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. The following addressed the Council: Mr. westoby, 567 Paradise Road, salinas, property owner of 8565 Murray Avenue, opposed to the District. Ms. Virginia Fanelli, representing Gilroy Associates, questioned the ethics used by the proponents, legality in the manner used in obtaining signatures on the first petition; requested the district be limited to 15 years; requested a traffic signal be installed at Leavesley Road and Forest Street believed to be needed for safety purposes. She further noted that if the District is formed that the current deferred agreements held will be satisfactory. Mr. Don Fanelli, Aptos, inquired of the availability of bond pay-off prior to maturity. Mrs. Kathryn Jean Blake, noted she and her husband were in favor of the proposed District. Mr. Bill Reimal, 8551 Kentwood Court, representing Kishimura & obata, distributed information to Council. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. There was no comment from anyone in the audience. The Mayor closed the Public Hearing. II. '1" 1 ",".1.' Motion was made by councilman Gilroy seconded by councilman Kloecker and carried that the Negative Declaration for the North Forest street Assessment District be approved as completed in compliance with CEQA, as reflecting the Independent Judgement of the city. Res.93-74 Motion was made by councilman Kloecker seconded by councilwoman Rowlison that the reading of Resolution No. 93-74 be waived and that it be adopted. RESOLUTION NO. 93 - 74 RESOLUTION ORDERING DELETION OF CERTAIN IMPROVEMENTS - NORTH FOREST STREET ASSESSMENT DISTRICT - CITY OF GILROY., PASSED AND ADOPTED this 6th day of December, 1993, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None ROGERS, Re s . 93 -7 5 Motion was made by councilman Kloecker seconded by Councilwoman Rowlison that the reading of Resolution No. 93-75 be waived and that it be adopted. RESOLUTION NO. 93 - 75 RESOLUTION APPROVING AMENDED BOUNDARY MAP - NORTH FOREST STREET ASSESSMENT DISTRICT - CITY OF GILROY. PASSED AND ADOPTED this 6th day of December, 1993, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None ROGERS, Res.93-76 Motion was made by councilman Kloecker seconded by councilwoman Rowlison that the reading of Resolution No. 93-76 be waived and that it be adopted. RESOLUTION NO. 93 - 76 RESOLUTION OVERRULING PROTESTS - NORTH FOREST STREET ASSESSMENT DISTRICT - CITY OF GILROY. PASSED AND ADOPTED this 6th day of December, 1993, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None ROGERS, Res.93-77 Motion was made by councilman Kloecker seconded by councilwoman Rowlison that the reading of Resolution No. 93-77 be waived and that it be adopted. RESOLUTION NO. 93 - 77 RESOLUTION APPROVING AMENDED REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT - NORTH FOREST STREET ASSESSMENT DISTRICT - CITY OF GILROY. PASSED AND ADOPTED this 6th day of December, 1993, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None ROGERS, Ag .Discl. re: Real Estate Orry Korb, Deputy city Attorney explained the proposed ordinance entitled "Agricultural Disclosure Requirements for Residential Real Estate Transactions" and related dispute Resolution procedures requested by the Santa Clara county Farm Bureau. "~ ) ;-~'t ~"'w! Hecker Pass Corr. study Com/Youth Center Res.93-78 commissions GDDC Cable TV Council agreed that "Grievance Committee" definition shall be the Gilroy Planning commission. Motion was made by Councilman Kloecker seconded by Councilman Morales and unanimously carried that the title of the ordinance be read and waived further reading of the ordinance. Motion was made by councilman Kloecker seconded by Councilman Gilroy and carried that the proposed ordinance be introduced and published by title and summary. At the request of Mr. Geary T. Coats, the Mayor continued discussion and review of Hecker Pass Corridor Area Land Use Plan and possible change of the land use designation at the corner of Santa Teresa Boulevard and Hecker Pass Highway to the February 22, 1993 regular Council Meeting. Discussion was had regarding the proposed community/Youth Center at the old P.G. & E. Building at sixth and Railroad Streets. city Administrator Baksa explained the intent of a Neighborhood committee for the proposed Community/Youth Center. Councilman Gilroy noted that he would be voting against the motion not because he is opposed to a necessary project for youth but because of the question what is going to happen there. Motion was made by Councilwoman Rowlison seconded by Mayor Gage that the proposed Community/Youth Center at the old P. G. & E. Building at sixth and Railroad Streets be approved by the following Roll Call Vote: Ayes: Councilmembers: Kloecker, Morales, Rogers, Rowlison and Gage; Noes: councilmembers: Gilroy and Valdez. A Resolution was presented regarding the City's intent to be removed from the Santa Clara county Open Space Authority. Motion was made by councilwoman Rowlison seconded by Councilman Gilroy that the reading of Resolution No. 93-78 be waived and that it be adopted. RESOLUTION NO. 93 - 78 A RESOLUTION OF THE CITY COUNCIL CITY COUNCIL RESOLUTION NO. 93 - INCLUDED WITHIN THE JURISDICTION SPACE AUTHORITY. PASSED AND ADOPTED this 6th day of December, 1993, following vote: AYES: COUNCILMEMBERS: OF THE CITY OF GILROY RESCINDING 2 WHICH STATED CITY INTENT TO BE OF THE SANTA CLARA COUNTY OPEN by the NOES: ABSENT: GILROY, MORALES, VALDEZ and GAGE KLOECKER None ROGERS, ROWLISON, COUNCILMEMBER: COUNCILMEMBERS: Council agreed that no interviews would be scheduled for commission and Board Appointments effective January 1, 1994; appointments to be made at the December 20, 1993 regular meeting. The Mayor continued the request from the Gilroy Downtown Development corporation (GDDC) to the December 20, 1993 regular meeting at the request of GDDC. Discussion was had regarding the Downtown Maintenance District. councilman Valdez requested information on the percentage collected to date for said District. Council reviewed Customer Service standards for Cable TV Services further explained by city Administrator Baksa and Public Information Technician McCann. Councilman Valdez noted complaints received from subscriber of Falcon Cable TV regarding elimination of KPIX, Channel 5. Plan. Com. 12-2-93 HCD 1" ') ,1, t ,,)I Discussion was had regarding the proposed customer service standards. (At 9:01 p.m. the Mayor declared a recess in order to change the video tape. At 9:06 p.m. the Mayor reconvened the meeting. ) Further discussion was had regarding telephone answering time under Item 6. Accessibility - to be clarified to "not exceed thirty seconds from the beginning of the first ring" and re: Item 6 under Responsiveness - to be clarified to "If the bill reflects a change from the previous month's bill, the change will be noted and explained". Motion was made by councilman Kloecker seconded by councilwoman Rowlison and carried that the cable customer service standards be approved as presented with clarifications as noted. The Mayor asked if there was anyone in the audience wishing to speak on any matter not on the agenda. There was no comment from anyone in the audience. The following informational items were noted with no separate discussion on same: customer service: Inter-Departmental commendation In Appreciation; Inter-Departmental Memorandum of Appreciation; Gilroy High School Band In Appreciation of police chief's participation at Band Festival; united Way of Santa Clara County In Appreciation; Proclamation Issued by Mayor Gage:Day without Art & Night without Light re: Aids Day - December 1, 1993; USA Today Article re: cable TV; staff's Report re: cable TV Question; The Wall street Journal Article re: Wal-Mart stores; League of California cities Restructuring Local Government Meetings; Ms. Vera M. I. Todorov, Attorney re: Falcon Cable TV. The Report of the Planning commission Meeting of December 2, 1993 was noted. city Administrator Baksa noted the Twentieth Year Process Housing community Development Block Grant Program. council discussed the Technical Advisory committee. It was the consensus of council that a citizens' Advisory committee be established to augment the city existing process as recommended. council rescheduled December 13th council study session re: strategic Planning to December 14, 1993 - 7:00 p.m. in the Employees' Lounge. council set December 13, 1993 - 7:00 p.m. as a special Council Meeting re: Discussion and/or Action re: Anti-violent Crime Report in general and revenue enhancement or reductions specifically. city Administrator Baksa noted he and the Mayor met with the county probation officer and Representative of supervisor Honda's office and they are in support of the probation issue. ( "' "1 /l ," "X ..,' , city Administrator Baksa distributed 1994 wellness committee calendars to council. city Administrator Baksa gave an update on the Council Retreat Committee re: Council Retreat. Noted same could be scheduled for January 28, 1994 - 7-10 p.m. and January 29, 1994 _ 8:00 a.m. to 5:00 p.m. Council concurred that staff continue with Retreat plans. Councilwoman Rowlison inquired if the city would be interested in the Anonymous Tip for Crime program. It was noted that the city has a Secret witness Program which is similar. councilman Morales inquired if a Retreat could be scheduled with council and Gavilan College/Gilroy School District Board members. It was noted that this could be discussed at the Strategic Planning Study Sessions. councilman Valdez noted an invitation from Eliot Martinez, Mayor of the city of Sanger to attend and participate in "Truck to the Nation's Christmas Tree" event in Kings Canyon and to call him for reservations. councilwoman Rogers inquired if the presentations from the public could be agendized earlier in the meeting. The city Administrator suggested that this be discussed at the Council Retreat. councilwoman Rogers noted she attend a Housing Symposium Conference and it was basically in regard to planning. The Mayor noted the following meetings/events: Gilroy city council Study session, December 13, 1993 - 7:00 p.m., Employees' Lounge, City Hall, 7351 Rosanna Street, Gilroy, CA 95020 re: strategic Planning. Gilroy city council Regular Meeting, December 27, 1993 _ 7:00 p.m., CANCELLED. At 10:12 p.m. the Mayor adjourned the meeting to a Special Meeting of the council on December 13, 1993 - 7:00 p.m. re: Discussion and/or Action re: Anti-violent crime Report, etc. Respectfully submitted, --A'/ r, / ,.-' Y~~a/f/Vnd'p dk~/mXt . ci ty clerk ,-~- U