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Minutes 1994/02/07 ,--" 1; .:1:3b Invocation posting Agenda Roll Call consent Calendar Res.94-15 Regular Meeting February 7, 1994 Gilroy, California The Mayor led the pledge of Allegiance to the Flag. Pastor Malcolm MacPhail, First Assembly of God church, gave the Invocation. The city Clerk noted that the Agenda had been posted on February 3, 1994 at 8:45 a.m. Present: councilmembers: K. A. Mike Gilroy, paul V. Kloecker, charles S. Morales, suellen c. Rowlison, pete Valdez, Jr. and Donald F. Gage; Absent: councilmember: connie Rogers. Motion was made by councilman Kloecker, seconded by councilwoman Rowlison that the following items under the Consent calendar (removing Item "F" regarding a consultant to Examine sales & Use Tax Records) be approved, by the following Roll call vote: Ayes: councilmembers: K. A. Mike Gilroy, paul V. Kloecker, charles S. Morales, suellen c. Rowlison, Pete valdez, Jr. and Donald F. Gage; Absent: councilmember: connie Rogers: Adopted Resolution No. 94-15 authorizing acquisition of federal surplus property from the California state Agency for surplus property as recommended; RESOLUTION NO. 94 - 15 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO Minutes Claims Imprvrnts. Sales & Use Tax Res.94-16 outside Sewer Connections Infractions to Misde- meanors Taxicabs 1 "I' ) < . '\ : ' k' ""'}''' J~ PURCHASE VARIOUS TYPES OF EQUIPMENT, SUPPLIES, MATERIALS, AND AUTHORIZING EMPLOYEES TO ACT ON BEHALF OF THE CITY OF GILROY IN ACQUIRING FEDERAL SURPLUS PROPERTY. PASSED AND ADOPTED this 7th day of February, 1994, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: GILROY, KLOECKER, VALDEZ and GAGE None ROGERS; MORALES, ROWLISON, Approved the Minutes of the January 18, 1994 Regular council Meeting, and approved the Minutes of the January 24, 1994 Regular Council Meeting; Denied claims of Ezequiel H. Lopez and Rita Julia Lomas as recommended; and Accepted Improvements for Tract #8562 - Hillcrest No. 1 - Kaufman Broad as recommended. city Administrator Baksa explained the recommendation to designate a city consultant as an authorized city representative to examine sales and use tax records. councilwoman Rogers entered at 7:02 p.m. and took her seat at the council table. Motion was made by Councilman Kloecker seconded by council- woman Rowlison that the reading of Resolution No. 94-16 be waived and that it be adopted designating a city consultant as an authorized city representative to examine sales and use tax records as recommended. RESOLUTION NO. 94 - 16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DESIGNATING A CITY CONSULTANT AS THE AUTHORIZED CITY REPRESENTATIVE TO EXAMINE SALES AND USE TAX RECORDS. PASSED AND ADOPTED this 7th day of February, 1994, by following vote: AYES: COUNCILMEMBERS: the NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None. ROGERS, policies concerning sewer connections outside the city limits previously discussed at the time South county Housing requested sewer service for a project in San Martin were noted and explained by city Administrator Baksa and Director of Public works Allen. Motion was made by councilman Kloecker seconded by Councilman Morales and carried that the policies as presented be approved in concept for future projects. A recommendation to change various Municipal code sections from Infractions to Misdemeanors was noted and explained by city Administrator Baksa and further explained by Assistant police chief Gardner. Motion was made by Councilman Gilroy seconded by councilman Kloecker and carried that staff be directed to prepare an ordinance to include the changes as recommended for introduction. A proposed ordinance adding chapter 23 to the Gilroy city Code regulating taxicabs was noted and further explained by the city Attorney and Multiple service officer Hartley. Discussion was had including changes requested by Council. Motion was made by councilman Kloecker seconded by Council- man Gilroy and unanimously carried that the proposed ordinance be read by title only and waived further reading of the ordinance. ( ",." ~ \ J \'-' t~J AB 398 Fence- Adams Res.94-17 Motion was made by Councilman Kloecker seconded by Councilwoman Rowlison and carried that the proposed ordinance including the revisions as discussed be introduced and published by title and summary. Discussion was had on the city's position of AB 398 further explained by councilman Kloecker. Motion was made by Councilman Kloecker seconded by councilman Valdez and carried that the letter as presented be forwarded to the Santa clara county cities Association in opposition to AB398 as written. councilman Kloecker noted that there would be another Legislative Bill for council action, forthcoming. A review of an encroachment was had and noted a request for an exception to section 20.60 re: a fence at Fifth and prince- valle streets, Carla & Brian Adams, applicants. The staff Report was noted and further explained by Director of Public Works Allen. Mr. Bruce Tichinin, attorney, 17775 Monterey Street, Morgan Hill, representing the applicants addressed the Council, noting that the applicants are requesting a different location of the gate that was granted by the Planning commission in the variance request and requested 4-way stop signs at the intersection to eliminate the site problem. Mr. Brian Adams addressed the council and distributed additional information to council an gave a slide presentation reviewing the site and other violations throughout the city, noting that they have been discriminated against, further requesting that the exception be granted as the fence now exists. Motion was made by Councilman Kloecker seconded by Councilman Gilroy that the reading of Resolution No. 94-17 be waived and that it be adopted granting an exception from section 20.60 as recommended by Director of Public works Allen enabling the Adams to construct and maintain their fence in the same location and at the same height as approved by the Planning commission under Planning commission Resolution No. 94-01. RESOLUTION NO. 94 - 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY GRANTING AN EXCEPTION FROM SECTION 20.60 OF THE GILROY MUNICIPAL CODE RELATING TO HEIGHTS OF HEDGES, SHRUBS AND OTHER OBSTRUCTIONS AT THE CORNERS OF INTERSECTING STREETS FOR PROPERTY LOCATED AT 665 FIFTH STREET. PASSED AND ADOPTED this 7th day of February, 1994, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None ROGERS, COUNCILMEMBERS: COUNCILMEMBERS: Mr. Tichinin noted that the applicants would be requesting a 4-Way stop at the intersection of Fifth and princevalle Streets. The city Attorney noted that the existing fence at 665 Fifth street is in violation of the Zoning Ordinance and Municipal code and a time should be established for relocating the fence per Resolution No. 94-17. Mrs. Carla Adams addressed the council and noted that the letter she received notifying her of the date the fence would be addressed by council referred only to the Municipal code issue, not the zoning ordinance. P G & E Lights GDDC Max club Lib.& cult Violence Resolution " (<II senior planner Myer noted that the original application was continued at the Planning commission level and the applicant subsequently agreed to relocate their fence back five feet and the Planning commission granted the variance subject to their compromise proposal. At 9:00 p.m. the Mayor declared a recess in order to change the video tape and reconvened the meeting at 9:10 p.m. Mr. Tichinin requested that council reconsider their decision set forth in Resolution No. 94-17. council did not rescind or amend their previous action set forth in Resolution No. 94-17 and motion was made by Councilman Kloecker seconded by councilman valdez and carried that a maximum of 60 days be set for the applicants to comply with the order. The city Attorney noted to the applicants that they are liable until the fence conforms to the city's Resolution No. 94- 17. A recommendation on purchase of street lights from P G & E. was noted and further explained by Director of public works Allen. Motion was made by councilman Kloecker seconded by councilman Gilroy and carried that Case #2 as recommended be approved for the city to purchase lights owned by P. G. & E. and payment to P. G. & E. to maintain them. The Mayor tabled "concept" discussion of Economic Incentive Agreement with Max club to accommodate interested persons in the audience. The Gilroy Downtown Development corporation - Annual Report was noted and further explained by Frank Romero. councilwoman Rowlison requested Quarterly Financial Reports and Minutes of the GDDC in the future. The Mayor continued with the Regular order of the agenda. The Mayor requested a study session re: "concept" discussion of Economic Incentive Agreement with Max club. council set February 15, 1994 as a special council Meeting to address the issue and other concerns including an Economic Impact Report. Councilman Kloecker requested that an estimate of fees of this particular business be provided at the special Meeting and councilman Gilroy requested that a comparison of fees with Morgan Hill's fees also be provided. A letter of resignation from Albert Quintero, Library & culture Commissioner was noted and accepted with regret. (unexpired term 1-1-96). A request from the city of Pasadena for a resolution eradicating rampant violence was noted. Motion was made by councilman Gilroy seconded by councilman Morales and carried that no action be taken on the proposed resolution. The following informational items were noted with no separate discussion on same except as noted: customer service: Report on street Pole Decorations/Banners - 1993 Holiday Season; Parks & Recreation Department In Appreciation of Above cooperation; 1 V" e )< ;! ~.~...... Plan. Com. 2-3-94 SCRWA Inter-office Memorandum from Police Chief to corporal Lara In Appreciation; Gilroy Parks & Recreation Department In Appreciation of Donation from Gary steinmetz for Youth Activities; Gilroy parks & Recreation Department In Appreciation of Resident's Efforts In Neighborhood watch; Councilwoman Rogers noted that the High School would be striping their parking lot for hockey to alleviate future problems on Tennis Courts; Parks & Recreation Department Inter-office Memorandum In Appreciation re: Youth Center Facilities; League of California cities Legislative Bulletin #3-1994; status of the city's Long-Range Applications; Falcon Cable programing: c. steven & vickie Yukiko Potuzak; Article from John W. Spencer, Resident of Gilroy; Minutes of the Gilroy Visitors' Bureau Advisory Committee Meeting of December 16, 1993 and Financial Statement ending December 31, 1993; Proclamation Issued by Mayor Gage: science Fair week - April 3-9, 1994; League of california cities Legislative Bulletin #4-1994; city of Morgan Hill's Response to south county Housing'S Expansion of San Martin Family Living center; city's Response to county of Santa clara on st. Frances of Assisi's Request re: Animal Shelter in South county; city's Notification to Falcon cable re: Rate Regulation Authority certification; current ACT Deployment; Appointment of supervisor Diridon as chairperson of the Board and Transit District; city In Appreciation of Use of odd Fellow-Rebekah children'S Home Facilities for Council/Manager Retreat; and police Department Employee of the Month of November, 1993, The communications unit. The Report of the Planning commission Meeting of February 3, 1994 was noted. The Minutes of the South county Regional Wastewater Authority Meeting of January 11, 1994 were noted. city Administrator Baksa gave an update on the Water Conservation program. city Administrator Baksa noted an Evaluation of the Gang Suppression operational Plan. council added an additional item to the February 15, 1994 council special Meeting on Final Prioritization of Tasks Assigned at the council/Manager Retreat. council tabled further action regarding Falcon cable to a date uncertain. ADA Work schedule Adjrnmt. 1 }? J:3 city Administrator Baksa distributed a letter from supervisor Honda regarding potential purchase of property in the Gilroy area for year around, permanent, family, agricultural worker housing and council set a study session February 23, 1994 to discuss same and other issues of mutual concern. city Administrator Baksa distributed a Report on cost of Graffiti Eradication. Councilman Kloecker noted that the city of Palo Alto has in place an ordinance regarding same and that other ordinances should be pursued. city Administrator Baksa distributed a Report on Revenue options regarding Additional sales & Use Tax noting that a study session would be scheduled separately on February 16, 1994 or in conjunction with the study session with supervisor Honda on February 23, 1994; at 6:00 p.m. if on February 23, 1994 with refreshments or separate on February 16th at 7:00 p.m. To be determined by the city Administrator. city Administrator Baksa distributed the Report on the ADA work schedule for further discussion and approval at the February 28 regular council Meeting. The Mayor noted the Minutes of the south County commercial/ Industrial Real Estate Brokers Meeting of January 20, 1994. He noted the need to meet with those concerned to understand problems; date to be determined. councilwoman Rogers gave an update on the visitors' Bureau future meeting and inquired about council's opinion of the Bureau leasing the chamber Building. It was noted that the city had no objection to the visitors' Bureau moving to the chamber Office, however use of their present facilities would be a city decision. At 11:00 p.m. the Mayor declared a pause to change to video tape and reconvened at 11:03 p.m. councilman Rogers noted in regard to the county it has been proposed that the lands of open space reserve be returned to Agriculture/Medium Density. councilman Valdez gave an update on the GDBC Funding with $92,000. for Emergency Services to be approved by the county on February 24, 1994. councilman valdez noted citizens' request for improving the bathrooms at the senior Center in the 94-95 fiscal year and requested that same be agendized for council action. councilman Morales gave an update on the Quarters for Quake Day successful event sponsored by the High school. The Mayor noted the following: santa clara county cities Association's Board of Directors Meeting, February 10, 1994 - 7:00 p.m., West conference Room, sunnyvale city Hall; and city/school Liaison committee Meeting, February 24, 1994 - 6:30 p.m., Gilroy Unified school District, 7810 Arroyo circle. At 11:17 p.m. the Mayor adjourn to a closed session pursuant to GC Sec 54956.9(c): Conference with legal counsel - initiation of litigation - two potential cases. At 11:22 p.m. the Mayor reconvened the meeting and further adjourned to Tuesday, February 15, 1994 special Meeting. Res,~pectfullY s~ttedf::' _ ~. J ~ /,' ,. --' Ct/11-1M/i ,~v ~r / city clerk ( (r