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Minutes 1995/07/10 6680 Invocation Posting Roll Call Consent Calendar ~","..--. '.' "',,",' ,...._, ',- ,-, ,.,...,.'__"i~',..___.,__..",.",..,,'.'''',.., .,.._......". -----,.---.-'...---...-- ----~~-~~- Adjourned Regular Meeting July 10, 1995 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Pastor Lee Neish, United Methodist Church gave the Invocation. The City Clerk noted that the Agenda had been posted on July 6, 1995 at 11:00 a.m. Present: Councilmembers: K. A. Mike Gilroy, Paul V. Kloecker, Charles S. Morales, Connie Rogers, Pete Valdez, Jr. and Donald F. Gage; Absent: Councilmember: Suellen C. Rowlison. Motion was made by Councilman Kloecker, seconded by Council- man Valdez that the following items under the Consent Calendar, to include changes to the agreements under Item "G" as noted by the City Attorney, be approved by the following Roll Call Vote: Ayes: Councilmembers: K. A. Mike Gilroy, Paul V. Kloecker, Charles S. Morales, Connie Rogers, Pete Valdez, Jr. and Donald F. Gage; Absent: Councilwoman: Suellen C. Rowlison: Minutes Res.95-56 Budget Util. Accts. Claims Minutes Imp. Agree Maint.Mat- erials Water Test. Sewer Rates Res.95-57 GG8i Minutes of the Regular Council Meeting of June 19, 1995; Adopted Resolution No. 95-56 approving a grant from the Office of Criminal Justice Planning for a Community Service Officer as recommended; RESOLUTION NO. 95 - 56 A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING A GRANT FROM THE OFFICE OF CRIMINAL JUSTICE PLANNING. PASSED AND ADOPTED this 10th day of July, 1995, by the following vote: AYES: COUNCILMEMBERS: GILROY, KLOECKER, VALDEZ and GAGE None ROWLISON; MORALES, ROGERS, NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: Approved Budget Amendments/Transfers as recommended; Authorized write-off of uncollectable utility accounts; Denied Claims of Kelly Bogue, Maria Hernandez and Bruce Watson as recommended; Minutes of the Regular Council Meeting of June 26, 1995; and Approved Property Improvement Agreements: #95-06, Gilroy Forest, Tract 8631, and #95-22 Kaufman & Broad-Monterey Bay, Inc., The Vineyards Phase II, Tract 8728 as recommended (including the changes noted by the City Attorney). City Administrator Protempore Dorn presented and explained a recommendation to award the bid of Granite Rock for maintenance materials. Motroo.was-made by Councilman Kloecker seconded by Councilman Valdez and carried that the bid of Granite Rock be awarded for maintenance materials as recommended. City Administrator Protempore Dorn presented and explained a recommendation to award the bid of Sequoia Analytical in the amount of $12,965. for Water Quality Testing. Motion was made by Councilman Kloecker seconded by Council- man Morales and carried that the bid of sequoia Analytical be awarded in the amount of $12,965. for Water Quality Testing. The Mayor stated that it was the time ahd place scheduled for a Public Hearing to consider revision and adjustment of rates and charges for municipal sewer service. City Administrator Protempore Dorn explained the proposed revisions and adjustments to sewer service rates and charges. The Mayor asked if there was anyone in the audience wishing to speak on the matter. There was no comment from anyone in the audience. The Mayor closed the Public Hearing. Motion was made by Councilwoman Rogers seconded by Councilman Kloecker that the reading of Resolution No. 95-57 be waived and that it be adopted. RESOLUTION NO. 95 - 57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING RATES FOR SANITARY SEWER SERVICE EFFECTIVE JULY 1, 1995. PASSED AND ADOPTED this 10th day of July, 1995 by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: GILROY, KLOECKER, VALDEZ and GAGE None ROWLISON MORALES, ROGERS, 6Gg;~ So.Co.Jt. Plan.Adv.Com. Housing Task Force Co.Lib.Jt. Powers Com. Graffiti Ord. Lib & Cult Com. Res.95-58 The Mayor recommended appointment of John Kilcoyne as the City's representative to the South County Joint Planning Advisory Committee. Motion was made by Councilman Kloecker seconded by Councilman Morales and carried that John Kilcoyne be appointed as the City's representative to the South County Joint Planning Advisory Committee as recommended. A recommendation on appointments to the Housing Element Implementation Task Force was noted. Motion was made by Councilwoman Rogers seconded by Council- man Gilroy and carried that Option 12 be approved; specifically to appoint Felicia Rosas to the Task Force in the vacant citizen position; appoint Mark Starritt to the Task Force in the vacant Housing Industry position and substitute Dennis Lalor for Marie Juncker's non-profit developer position as recommended. Motion was made by Councilwoman Rogers seconded by Council- man Morales and carried that Leah Halper, Library & Culture Commissioner, be appointed as the Commission representative on the County Library Joint Powers Committee as recommended by the Commission. A recommendation to amend Chapter 12.5 of the City Code to make unlawful existence of graffiti in commercial or industrial zones and to require retrofitting of buildings in certain instances was noted and further explained by the City Attorney. Discussion was had by Council on the matter. Council requested that the proposed ordinance be revised to not include the retrofitting requirement; contract requirement for graffiti removal for commercial properties to address owners that .----. are nof-1.ocal; a.nd require property owners be notified prior to issuance of any citations. Council also requested that the downtown blight issue be discussed and reviewed at a future date; specifically to review appearance and safety hazard aspects - City's present controls for same and what options are available. 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. Councilwoman Rogers welcomed Assemblyman Frusetta's Aide, Jim Hallom, present in the audience and requested that the Council meet with Assemblyman Frusetta when mutually convenient. A letter of resignation from the Library & Culture Commis- sion from Betty M. Edel was noted. The Mayor accepted the resig- nation with regret and recommended this replacement be delayed to the January 1, 1996 Commission appointments if agreeable with the Library & Culture Commission. Council concurred. A request of ABAG for a resolution in opposition to the reconsideration of the San Luis Drain Project was noted. Motion was made by Councilman Kloecker seconded by Councilman Morales that the reading of Resolution No. 95-58 be waived and that it be adopted. RESOLUTION NO. 95 - 58 A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY OPPOSING THE SAN LUIS DRAIN PROJECT. PASSED AND ADOPTED this 10th day of July, 1995, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBER: ROWLISON Revival/ Concert Housing Task Force SCRWA 6683 A request of Kenneth R. Diamond for permission to conduct a 14-day Revival/Concert on Kern Avenue and First Street was noted. Mr. Kenneth Diamond addressed the Council further explaining his request. Motion was made by Councilman Kloecker seconded by Council- man Morales and carried that the request of Mr. Diamond for permission to conduct a 14-day Revival/Concert on Kern Avenue and First street be granted, subject to the City's Special Events regulations, noting that definition of "revival/concert" is within an unforeseen category not considered in the moratorium action for events on First street. The following informational items were noted with no separate discussion on same: Customer Service: California Highway Patrol In Appreciation of City's Immediate Response to a Hazardous Incident; Napa Morgan Hill Distribution Center Complementing Parks and Recreation Staff for Receiving outstanding Accommodations; City's Response to Request for sponsoring a Foreign Exchange Student Program; City's Response In Appreciation of Polyaire Mechanical for Air Conditioning Services; Police Chief's Inter-Office Memo In Appreciation of Staff Assistance to Human Resources Department; Parks & Recreation Department In Appreciation of Assistance HorCityAdministrator to Youth Programs Coordinator; Bracco's Towing In Appreciation of Fire Department Staff's Participation in Drunk Driving Exhibition for High School Students; and City In Appreciation of Donation from P.G. & E. for Ticket Donation to Community Youth Center; and Housing Authority of the County of Santa Clara In Appreciation of Participation in Council Participation in the Ochoa Migrant Housing Center Dedication; Sacramento Bee Newspaper Article re: Chuck Myer Family; American Red Cross In Appreciation of City of Gilroy's Service to Blood Drives; Legislative Bulletins #24 & #25 - 1995; Legislative Summary Update, June 27, 1995; The Manning Newsletter, Spring 1995; and San Jose City Manager Congratulating Jay Baksa on ASPA Award. The Minutes of the Housing Element Implementation Task Force Meeting of June 23, 1995 were noted. The Minutes of the South County Regional Wastewater Authority Meeting of April 25, 1995 were noted. The Update on the Water Conservation Program was noted. City Administrator Protempore Dorn distributed a Memo to Council on the Housing set-Aside figures re: the ROO document. 6G84 Adjrnmt. The Mayor noted the following meetings and events: League of California Cities Peninsula Division General Membership Meeting, July 20, 1995 - 5:30 p.m., Redwood City. RSVP by 7-14-95; City Council Exhibition Wheelchair Basketball Game, August 26, 1995 - 2:00 p.m., Wheeler Facility, 202 W. 6th Street, Gilroy. At 8:25 p.m. the Mayor adjourned to a Closed Session: re: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation Pursuant to Subdivision (c) GC SEC 54956.9: Claim Against County for Interest on Assessments and Property Taxes. At 8:35 p.m. the Mayor reconvened the meeting and further adjourned. Respectfully submitted, /~