Loading...
Minutes 1994/02/28 C"', ,~.,.,,,._...,,_,,,,._,.,,.,,,,".,,,__.-.,~,~.,,,.,,._,~ posting Agenda Roll call Consent Calendar Minutes Budget Res.94-19 ~'''''__:'-,','-:,':,C.''-_:'C,',',,,','_.,,.'',::''.;'.':'';~;''c. - --_._--_.~-- ii' ~ I 1 ;}t \:,,)1 Regular Meeting February 28, 1994 Gilroy, california Mayor Protempore Gilroy led the Pledge of Allegiance to the Flag. The city Clerk noted that the Agenda had been posted on February 24, 1994 at 8:47 a.m. Present: councilmembers: K. A. Mike Gilroy, paul V. Kloecker, Charles S. Morales, connie Rogers, suellen C. Rowlison, and Pete valdez, Jr.; Absent: councilmember: Donald F. Gage. 7:05 p.m. Motion was made by councilman Kloecker, seconded by councilwoman Rowlison that the following items under the Consent calendar be approved, by the following Roll call vote: Ayes: councilmembers: Paul v. Kloecker, charles S. Morales, Connie Rogers, Suellen C. Rowlison, Pete Valdez, Jr. and K. A. Mike Gilroy; Absent: Councilmember: Donald F. Gage. Minutes of the February 15, 1994 special Gilroy city council meeting; Approved Budget Amendments/Transfers as recommended; Adopted Resolution No. 94-19 Approving Santa Teresa Reorganization 93-01; RESOLUTION NO. 94-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING THE REORGANIZATION OF APPROXIMATELY 10.25 ACRES OF LAND EAST OF SANTA TERESA BOULEVARD AND NORTH OF THE FUTURE LONGMEADOW DRIVE EXTENSION, FOR ANNEXATION TO THE CITY OF GILROY AND DETACHMENT FROM THE SOUTH SANTA CLARA COUNTY FIRE DISTRICT (SANTA TERESA REORGANIZATION 93-01). L r '-) .)~ Imprvrnts. ADA schedule Sewer Ease- ment-Kim Res.94-20 Ord. re:Mis- demeanors PASSED AND ADOPTED this 28th day of February, 1994, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: KLOECKER, MORALES, VALDEZ and GILROY None GAGE; and ROGERS, ROWLISON, Accepted improvements for project 93-3 (Howard Tire); Project 92-22 (Industrial Twenty ventures); project 91-49 (Cal Coast Investments; and project 93-94 (sidewalk Repair/Replace- ment) as recommended. The Mayor Protempore tabled the Public works' Departmental Report to accommodate interested persons in the audience. city Administrator Baksa noted the revised ADA Work schedule previously distributed to council February 7, 1994 further explained by Planning Director Dorn. Motion was made by councilman Kloecker seconded by councilman Morales and carried that the revised ADA work schedule be approved as presented. A recommendation to adopt a resolution determining that the public interest and necessity require the acquisition of an easement (Tae Kim) for sewer purposes and directing the filing of eminent domain proceedings was noted and further explained by Director of Public Works Allen. councilman Kloecker noted that he met with Mr. Kim in an attempt to resolve the problem; that they did not arrive at a solution and that Mr. Kim wishes to speak at this meeting. The city Attorney noted the findings that council is required to make per the Government code condemnation proceed- ings. She further noted that Mr. Kim was notified of this meeting and acknowledgment of the Notice to Appear was received. Mr. Tae Kim, property owner of 7001 Monterey street, addressed the council and protested the city's intent to file eminent domain proceedings noting that he was unaware of the proposed sewer project when he purchased the property. He noted that this action would conflict with his property rights and proposed plans to improve his property~ Motion was made by councilman Kloecker seconded by Council- woman Rowlison that the reading of Resolution No. 94-20 be waived and that it be adopted determining that the public interest and necessity require the acquisition of an easement for sewer purposes and directing the filing of eminent domain proceedings. RESOLUTION NO. 94 - 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF AN EASEMENT FOR SANITARY SEWER PURPOSES AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS. PASSED AND ADOPTED this 28th day of February, 1994, by the following vote: AYES: COUNCILMEMBERS: KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ and GILROY NOES: ABSENT: COUNCILMEMBERS: None COUNCILMEMBER: GAGE A proposed ordinance designating certain violations of the city code as misdemeanors was noted and further explained by city Administrator Baksa. Motion was made by councilman Kloecker seconded by Councilman Valdez and unanimously carried that the ordinance be read by title only and waived further reading of the ordinance. The city Clerk read the title of the ordinance. Tobacco control Coalition Res.94-21 -t " t _'. . ,J ~,,1.1 .\ ..,.,~( fJ~,J Motion was made by councilman Kloecker seconded by councilman Valdez and carried that the proposed ordinance be introduced and published by title and summary. At 7:50 p.m. Director of Public works Allen and city Engineer Smelser gave a slide presentation for the Department regarding the utility Master plans of the city of Gilroy. At 8:41 p.m. the Mayor Protempore continued with the regular order of the agenda. A request of the Tobacco control coalition of santa clara county for a resolution condemning the tactics of Philip Morris Company was noted and further explained by Susan Trovel, Morgan Hill and member of the coalition. Motion was made by councilwoman Rowlison seconded by councilman Valdez that the reading of Resolution No. 94-21 be waived and that it be adopted. RESOLUTION NO. 94 - 21 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CONDEMNING THE TACTICS OF PHILIP MORRIS TO UNDERMINE THE LOCAL COMMUNITY'S AUTHORITY TO PROTECT RESIDENTS AND WORKERS FROM THE DANGERS OF SECONDHAND SMOKE. PASSED AND ADOPTED this 28th day of February, 1994, by the following vote: AYES: COUNCILMEMBERS: KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ and GILROY NOES: ABSENT: COUNCILMEMBERS: None COUNCILMEMBER: GAGE councilwoman Rowlison requested that the city's present smoking ordinance be revised. Motion was made by councilwoman Rowlison seconded by councilman Valdez and failed to direct staff to prepare a revised updated ordinance for council considera- tion. councilmembers: Kloecker, Morales, Rogers and Gilroy voted "no" on the motion. city Administrator Baksa noted that he would have staff prepare an update on the effect of the city's present smoking ordinance at a future meeting. The following informational items were noted with no separate discussion on same, except as noted: customer Service: Inter-Office Memorandum of commendation to sgt. crumrine, corporal Becerra and Officer Hansell; Falcon cable Responding to customer Request re: programming; League of california cities, peninsula Division Newsletter, February 1994; League of california Legislative Bulletin, #7-1994; Public Hearing Before the Interim Governing Board of the Santa Clara county Open Space Authority to Amend the Territory; and Board of supervisors seeking cooperation of cities, counties, school Districts, Community Groups, Law Enforcement and other Agencies in the Development of Implementing strategies to Combat Use of Weapons and/or Firearms in Violent Crimes. councilwoman Rogers requested council take a symbolic action re: violent crime and weapons being detrimental to our community and agreed to draft such a policy with the assistance of councilwoman Rowlison. >1' .1:'.) 1 city Administrator Baksa distributed copies of the General Fund Revenue projections noting the second portion would be completed following the March 14 study session in regard to the strategic Plan. city Administrator Baksa noted Wal-Mart Semi-Annual Labor Report. The Mayor Protempore noted the interest of the Economic Development Committee to meet with the Council and suggested staff schedule a Business/social meeting for same. It was also suggested that staff schedule a city/school Liaison Meeting with both Boards of the whole. The Mayor Protempore requested a council discussion on false alarm fees and cost response to false alarms, noting that the school District wanted to be informed and contribute input of any fees of this magnitude. At 9:09 p.m. there was a pause in order to change the video tape and the Mayor Protempore reconvened the meeting. councilman Valdez gave an additional update on the Joint city/School Liaison committee meeting and requested scheduling of a Joint city/School meeting of both Boards of the whole regarding issues of fees for Joint city/school facilities. city Administrator Baksa requested clarification of issues that need to be identified that he would discuss with School/Staff that mayor may not require a meeting. councilwoman Rowlison distributed a pamphlet, noting display on multi-culture diversity at the smithsonian Institute in April. councilman Morales noted the Economic Development Committee of the chamber desires a symposium regarding commercial/Indus- trial discussion with the Chamber/Economic Development committee/council. councilman Valdez gave an update on the CDBG committee and that he would continue to inform the city of their activities, noting local contributions are still important to make their projects possible. councilwoman Rogers noted that the Visitors' Bureau wants to r~main at their present location and at some time make a presentation to council on their future plans. councilwoman Rogers gave an update on the county General plan Review committee, noting that Hillside and Ranch Lands open space Reserve schedule and the county would change its date to discuss same when she would be able to attend if the city had any concerns. councilman Kloecker gave an update on the Library Funding Task Force committee noting that a November Ballot Measure is proposed for a $25.00 parcel tax. councilman Kloecker noted the May '94 Santa clara county cities Association has been scheduled for christmas Hill Park. The Mayor Protempore noted the following Meetings/Events: Gilroy city council study session, March 14, 1994 - 7:00 p.m., Employees' Lounge, city Hall, 7351 Rosanna street, Gilroy, CA 95020 re: Final prioritization of Tasks Assigned at the council/Manager Retreat; and Leadership Forum, March 17, 1994 - 7:30 a.m. to 9:00 a.m., Gilroy senior Center Meeting Room, 7371 Hanna street, Gilroy. Adjrnmt. ,. t I -,~ > ~""J.) Heard from Gary sanchez, city/school Board Liaison commit- tee Member noted that initiation or discussion of city/school Joint Facilities and fees for same would be premature at this time; reference at the Joint Meeting was because they are reviewing their budget and use of all their facilities with every group, not just the city. At 9:42 p.m. the Mayor Protempore adjourned to the continued closed session from 7:00 p.m. At 10:30 p.m. the Mayor Protempore reconvened the meeting and further adjourned. Respectfully submitted, ft?M~.~ / Susanne E. steinmetz , city clerk~