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Minutes 1994/02/22 1 Invocation ~' , '. I" ~~.~~. Regular Meeting February 22, 1994 Gilroy, california The Mayor led the Pledge of Allegiance to the Flag. Father Jim Wilson, st. steEhen's Episcopal Church, gave the Invocation. 1 '1" " ' U i:'H> posting Agenda Roll call Consent calendar Minutes Budget Ord.94-2 Taxicabs xmas Hill pk Proj. Hecker Pass Land Use study Pkg.& Bus. Imp. Dist. The city Clerk noted that the Agenda had been posted on February 17, 1994 at 9:26 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. (7:00 p.m.) Motion was made by councilwoman Rowlison, seconded by councilman Kloecker 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 February 7, 1994 Regular Gilroy city council meeting; Approved Budget Amendments/Transfers as recommended; and Adopted Ordinance No. 94-2 adding chapter 23 to the Gilroy city code Regulating Taxicabs. ORDINANCE NO. 94-2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY ADDING CHAPTER 23 TO THE GILROY CITY CODE REGULATING TAXICABS. PASSED AND ADOPTED this 22nd day of February, 1994, 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 recommendation to accept the proposal of MTH Engineers, Inc., to provide electrical system design dervices for Electric/Lighting system Renovation project at Christmas Hill Park. Motion was made by Councilman Kloecker seconded by Council- woman Rogers and carried that the proposal of MTH Engineers, Inc. in the amount of $14,780.00 be awarded as recommended for the electrical system design services for Electric/Lighting system Renovation project at Christmas Hill Park. Motion was made by councilman Kloecker seconded by Council- man Gilroy and carried that the discussion 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 be continued to March 21, 1994 as recommended and requested by DBO applicant for a General plan Amendment and Rezoning at the same location. Discussion was had in regard to Petitions of 1-24-94 requesting abandonment of the parking and Business Improvement District. correspondence from william L. Ganson, Jr. was noted. The staff Report re: the petitions received was noted. The city Attorney reported on the procedure to dis- establish the assessment district and procedures for conducting an annual public hearing on a levy assessment. Councilman Kloecker suggested Council set a Public Hearing to dis-establish the assessment district and schedule a closed session in the interim regarding the letter of intent to take action against the city regarding the parking and Business Improvement District. The Mayor asked if there was anyone in the audience wishing to speak for or against the matter. Consolida- tion Assmt. Dists. ~ #1 '1 i"~ " 'l' ~~ ~ The following addressed the council: Frank Romero, GDDC, noted the report submitted February 7, 1994 can be re-entered into the record at a subsequent public hearing to levy the annual assessment; Dr. George Manross, SRI, presented a slide presentation of information on the survey conducted for GDDC regarding the parking & Business Improvement District; Bill Ganson, 1315 Center Avenue, San Martin, in regard to the survey conducted by SRI; Tom Reed, 7090 Rosanna street, requested that the improve- ment district be abolished on behalf of the 155 businesses in the District that signed the petition; Huck Hagenbuch questioned the methodology of the survey; and Augustine Gomez, 150 Third street, noted that GDDC has served their purpose and the assessment district should be dis- established and the downtown should benefit the entire city. At 9:01 p.m. the Mayor declared a recess in order to change the video tape and reconvened the meeting at 9:10 p.m. Discussion was had by council on the matter. Motion was made by councilman Kloecker seconded by councilman Valdez and failed by the following Roll call vote to direct staff to prepare a resolution for the purpose of intent to dis-establish the improvement district and schedule a public hearing for same as required and schedule a closed session for possible litigation on the matter: Ayes: councilmembers: Kloecker and valdez; Noes: councilmembers: Gilroy, Morales, Rogers, Rowlison and Gage. Discussion was had by council regarding the annual assessment levy process prior to conducting a public hearing for possible dis-establishment of the District. Motion was made by councilman Gilroy seconded by Councilman Morales by the following Roll call vote to direct staff to schedule the 1994 assessment levy process for the Parking and Improvement District and notify businesses within the District as required by law and to each individual businesses separately: Ayes: councilmembers: Gilroy, Morales, Rogers, Rowlison and Gage; Noes: councilmembers: Kloecker and valdez. Mark Ebner addressed the council suggesting that the GDDC List of Businesses be compared with the city's list of businesses and notify businesses on both lists of the public Hearing. The city Attorney noted that the Report from the Advisory Board (GDDC) and a recommendation on the annual assessment needs to be agendized and at that meeting consider accepting the report and adopt a Resolution of Intention to Levy Assessments and set a Public Hearing for same. Motion was made by Councilman Kloecker seconded by Councilman Valdez and carried that staff set a closed session regarding possible litigation regarding the parking and Business Improvement District. The Mayor deviated from the regular order of the agenda in order to accommodate interested persons in the audience. city Administrator Baksa noted a recommendation to authorize staff to proceed with the services of Mark Pressman for consolidated Assessment/Refunding District. ~j ~ Max Club RDO-Filice Commis- sioner Motion was made by Councilman Valdez seconded by councilman Morales and carried that staff be authorized to proceed with the services of Mark Pressman for Consolidated Assessment/Refunding Districts as recommended. The Mayor continued with the regular order of the agenda. city Administrator Baksa presented terms agreed upon for Max club and an agreement with them to locate in Gilroy request- ing council approve same in concept. Discussion was had by Councill on the matter. Mr. Joe Filice, landowner for the proposed Max club addressed the council noting that he offered a reduction in the land price as an incentive for Max club to locate in Gilroy. He suggested that the city formulate a structure that offers everyone an incentive to benefit the community. Motion was made by Councilwoman Rowlison seconded by Mayor Gage that the City Attorney be authorized to prepare an agreement with Max club based upon the terms negotiated by the city Administrator. The following spoke prior to a Roll call Vote on the motion: Gary Bowe, 1597 El Dorado Drive, in favor of Max club locating in Gilroy as opposed to locating in Morgan Hill; Patti Hale, 7685 Wren Avenue, noted that incentives are not being given away; that if negotiations are not allowed the City is not competitive; Ernie Olivares, 7681 church street, President and CEO of the Gilroy chamber of Commerce, in favor of Max club locating in Gilroy and noted that they do recognize Gilroy as an ideal loca- tion because they would be paying a higher price for the land. He further noted that the state and County revenue resources are constantly being reduced and the city needs the sales and use tax proposed to be realized if Max Club locates in Gilroy. The motion to authorize the city Attorney to prepare an agreement with Max club based upon the terms negotiated by the city Administrator failed by the following Roll call Vote: Ayes: Councilmembers: Gilroy, Rowlison and Gage; Noes: councilmembers: Kloecker, Morales, Rogers and Valdez. Motion was made by councilman Kloecker seconded by councilman Valdez by the following Roll call Vote that the city Administrator be directed to discuss with Max club the concept of deferral of traffic impact fees with interest: Ayes: councilmem- bers: Kloecker, Morales, Rogers, Rowlison and valdez; Noes: councilmembers: Gilroy and Gage. A request of John Filice for an accelerated RDO buildout for calle del Rey Park site adjustment of Longmeadow buildout was noted and further explained by Planning Director Dorn. Discussion was had by Council on the matter. Motion was made by councilman Kloecker seconded by Councilwoman Rogers and carried that the request of John Filice for an accelerated buildout for calle del Rey site adjustment of Longmeadow buildout be approved as recommended, option A or B at the discretion of staff. The Mayor asked if there was anyone to speak on any matter not on the agenda. from anyone in the audience. in the audience wishing There was no comment A letter of resignation from Jeff S. Watterson, Parks & Recreation commissioner, was noted and accepted with regret. Koror sister city Ec.Dev.Com. Open Space P & R Com. personnel 'I' ) " }'-,...)' council set March 25, 1994 at 5:00 p.m. as the deadline to receive applications for the vacancy (1-1-98) and for the unexpired term on the Library & culture commission (1-1-96). A request from Koror, Republic of Palau, for sister city Affiliation was noted and further explained by the Mayor. Motion was made by Councilman Valdez seconded by councilman Kloecker and carried that sister city affiliation with Koror, Republic of Palau be approved. A request of the Gilroy chamber of Commerce and recommenda- tion on Economic Development committees in 1993 was noted and staff directed to coordinate a date to meet with them. A redesignation of "Open space Reserve Lands" near the city of Gilroy was noted to be presented to the Planning commission March 3, 1994, and council action requested March 7, 1994. The following informational items were noted with no separate discussion on same except as noted: customer service: Building Division In Appreciation of Legal Assistance; Parks & Recreation Department In Appreciation for Assist- ance During Oral Interview Board; city of San Jose In Appreciation of Fire Department re: Deputy Fire chief Appointment; Fire Department re: Recognition of Water Division; LAFCO Agenda Formally Requesting city of Gilroy be Excluded from the 1994 Santa Clara County open Space Authority; Retired calTrans Engineer re: Bay Area Transportation; Government code Requirements, Amendments re; Appointments to Boards, Commissions and committees; city's Response to Regional Water Quality control Board 4th Quarter 1993 Monitoring and sampling Report re: Gilroy P.D. site; League of california cities Legislative Bulletins #5 and #6, 1994; Falcon cable re: programming: Janet E. strain: KPIX ch 5. RDO Buildout schedule and RDO Performance Agreement Disscussion Meeting (2-15-94); city policy for police/Fire False Alarm Fees effective February 1, 1994; Councilman Gilroy requested additional information regarding False Alarm Fees. city Administrator Baksa noted that staff would present additional information at a subsequent council meeting; and Monthly cash & Investments Report, December 31, 1993. The Minutes of the Parks & Recreation commission Meeting of January 18, 1994 were noted. The Minutes of the senior Advisory Board Meeting of January 24, 1994 were noted; The Minutes of the Library & culture commission Meeting of February 8, 1994 were noted. The Report of the personnel Commission Meeting of February 14, 1994 was noted. ~, r--~ ~ ~ ,'\,) '~...' Police Res.off. Res.94-18 CIB city of Turlock Motion was made by councilman valdez seconded by Councilman Kloecker and carried that the Job Description for Police Reserve Officer, III be approved as recommended. Discussion was had by council on the Human Resources Rules and Regulations. Pat Bentson, 7145 Harvard Place, employee and spokeswoman for AFL-CIO, addressed the council requesting council remove under catastrophic Illness "with less than 2 years of service." Motion was made by councilman Valdez seconded by councilman Kloecker that the reading of Resolution No. 94-18 be waived and that it be adopted approving the Rules and Regulations for Human Resources as amended to delete the verbiage under Catastrophic Illness as requested. RESOLUTION NO. 94 - 18 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING REVISED HUMAN RESOURCES RULES AND REGULATIONS. PASSED AND ADOPTED this 22nd day of February, 1994, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None ROGERS, COUNCILMEMBERS: COUNCILMEMBERS: city Administrator Baksa noted possible changes to Parks Development portion of the capital Improvement Budget to include the Senior Center project. city Administrator Baksa noted Training on TQM and Evaluation process. city Administrator Baksa distributed a Mission Statement to be discussed at the March 14, 1994 Study Session for Final Prioritization of Tasks Assigned at Council/Manager Retreat. Motion was made by councilman Kloecker seconded by council- man Gilroy and carried that the request of the city of Turlock for support in a proposed settlement of claim against Municipal Sewer Treatment plant, be approved as recommended by the city Attorney. The Mayor noted he would be absent at the February 28, 1994 regular council Meeting. councilwoman Rogers noted she would be absent at the April 4, 1994 regular council Meeting. councilman Kloecker noted a draft resolution regarding the Library Task Force is forthcoming, early in March. councilwoman Rogers gave an update on the county General plan Advisory committee noting ranch lands and hillside develop- ment policy changes. councilman Valdez noted an Economic Development committee Meeting 2-24-94 at 6:30 p.m. and that he would be late at the Joint city/school Liaison Committee Meeting. The Mayor noted the following Meetings: city council Study session, February 23, 1994 - 6:00 p.m., Employees' Lounge, city Hall, 7351 Rosanna street, Gilroy, CA 95020 re: Discussion on options for Funding the Violent crime Reduction Program; city council Study session, February 23, 1994 - 7:00 p.m., Employees' Lounge, city Hall, 7351 Rosanna street, Gilroy, CA 95020 re: Discussion with supervisor Honda re: Potential Purchase Adjrnmt. ~ ~ I~.)l of Property in Gilroy Area for Yr. Around, Permanent, Family, Agricultural worker Housing & other Issues of Mutual Concern; city/school Liaison Committee Meeting, February 24, 1994 - 6:30 p.m., Gilroy Unified school District, 7810 Arroyo Circle. Leadership Forum, March 17, 1994 - 7:30 a.m. to 9:00 a.m., Gilroy senior Center Meeting Room, 7371 Hanna street, Gilroy. At 12:05 a.m., Tuesday, February 29, 1994 the Mayor adjourned to a Closed session re: Exposure to Litigation in accordance with section 54956.9(b)(1)(C) of the Government code, re: old city Hall Lease/Hendrickson. At 12:45 a.m., the Mayor reconvened the meeting and further adjourned. Respectfully submitted, c1~~~~ ./ Susanne E. steinmetz, city Clerk ~'