Minutes 1996/09/16
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Invocation
Roll Call
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Regular Meeting
September 16, 1996
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Pastor Malcolm MacPhail, New Hope Community Church gave the
Invocation.
Present: Councilmembers: Charles S. Morales, Connie Rogers, Suellen C.
Rowlison, Thomas W. Springer, Pete Valdez, Jr. and Donald F. Gage; Absent:
Councilmember: K. A. Mike Gilroy. - 7:05 p.m.
Posting
Agenda
IntroNew
Emp.
Emp.Award
Proc.
Emp.Award
Consent
Calendar
Imp.Agree
Minutes
Calif. Cons.
Corp.
635~)
The City Clerk noted that the Agenda had been posted on
September 12,1996 - 9:15 a.ill.
The Mayor announced that Council had just adjourned from a Closed
Session re: Conference with City's Labor Negotiator pursuant to Government
Code Section 54957.6 and that no action had been taken.
The Mayor introduced New Employees: John L. Morris and Rene
M.Vise, Accounting Supervisors.
The Mayor presented Daniel Castaneda, Police Officer, the Employee
Award for the month of July 1996.
The Mayor presented Pastor Malcolm MacPhail, New Hope Community
Church, with a Proclamation for Bone Marrow Donor Awareness Day and Month,
further explained by Pastor MacPhail.
The Mayor presented Lupe Perez, Sr. Maintenance-Streets & Sewer
Division, the Employee Award for the month of August 1996.
Motion was made by Councilman Valdez, seconded by Councilwoman
Rogers that the following items under the Consent Calendar be approved by the
following Roll Call Vote: Ayes: Councilmembers: Charles S. Morales, Connie
Rogers, Suellen C. Rowlison, Thomas W. Springer, Pete Valdez, Jr. and Donald F.
Gage; Absent: Councilmember: K. A. Mike Gilroy:
Approved Property Improvement Agreement #96-23, Gilroy Park
Apartments as recommended; and
Minutes of the Regular Council Meeting of September 3,1996.
Discussion was had regarding City participation and potentially
California Conservation Corp. in Gilroy further explained by Joe Griffm, District
Director of Pacific Bay's Security of California Conservation Corp. including the
purpose of the Corp. requesting a letter of support and explained the local match
of funding required. Mr. Fred Korman, Project Coordinator, also addressed the
Council to answer questions regarding the operation of the Corp.
Motion was made by Councilwoman Ro gers seconded by Councilman
Valdez and carried that Staff be directed to assess availability 0 f po ssible projects
that would support a Corp. program in Gilroy and authorized a letter of support to
be directed to the State Director ofthe California Conservation Corp.
Falcon Cable A proposed ordinance authorizing a transfer of ownership of Falcon Cable
TV was noted and further explained by Public Information Coordinator McCann
and Sue Buske, Consultant.
Motion was made by Councilwoman Rowlison seconded by Councilman
Morales and unanimously carried that the proposed ordinance be read by title only
and waived further reading of the ordinance.
Motion was made by Councilwoman Rogers seconded by Council-
woman Rowlison and carried that the ordinance be introduced and published by
title and summary approving said transfer of ownership of Falcon Cable.
The Mayor asked if there was anyone in the audience wishing to speak on
any matter not on the agenda.
Mr. Peter Baez, local resident, addressed the Council noting October 19,
1996 from 7 :00 a.m. to 1 :00 p.m. as Gilroy Downtown Beautification Day and
noted paint donated by the City of San Jose and his intention to paint out graffiti
from First to Tenth Streets requesting permission to store the paint at the City yard
and noted need of rollers, trays, extension poles, etc. to complete the operation.
Staff referred Mr. Baez to the Community Services Department Staff regarding his
proposal.
685b
P.&R.Com
7 -6-96
At 8:15 p.m. the Mayor declared a recess and reconvened the meeting at
8:21 p.rn.
The following informational items were noted with no separate discussion'
on same:
Customer Service:
Gavilan College Football In Appreciation of Community Services
Department Preparation of Football Field;
Gavilan College's Physical Education/ Athletic Department In Appreciation
of Community Services Department Staff for Assistance in Gavilan Football Field
Renovation Project;
Police Chiefs Inter-Office Memorandum In Appreciation of Officer Daniel
Zen and Detective Ray Hansell for Professionalism Executed;
Gilroy Little League Minutes In Appreciation of Community Services
Department for Facilities and Administrative Staffs Services;
MacKay & Somps In Appreciation of Engineering Division Staffs
Expedient Services;
City of Morgan Hill In Appreciation of Environmental Programs
Coordinator's Assistance;
Housing Rehabilitation Specialist Inter-Office Memo In Appreciation of
Community Development Department's Patricia Bentson and Marilyn Guerin's
Efficient Assistance;
Local Business In Appreciation of Police Department's Immediate
Response and Assistance;
League of California Cities Legislative Bulletins, #31, #32 and 33,1996;
Santa Clara County Local Agency Formation Commission Endorsing the
Recommendations from the South County Agricultural Task Force;
Update on Long-Range Applications and Status ofRDO Allocation and
Activity, August 29, 1996;
San Jose Mercury News re: Urban Growth Boundary;
City's Response In Opposition to SB 649;
Proclamation Issued by Mayor Gage: Constitution Week - September 17-
23, 1996;
Minutes of the Gilroy Visitors' Bureau Advisory Council Meeting of July
11, 1996 and Financial Transactions Through June 30, 1996;
Minutes ofthe Board of Directors of the Economic Development
Corporation Meeting of August 29, 1996; and
California Regional Water Quality Control Board re: Gilroy Police
Department Case Closure re: Underground Storage Tank.;
The Minutes ofthe Parks & Recreation Commission Meeting of
July 6, 1996 were noted.
The Minutes of the Senior Advisory Board Meeting of July 15, 1996 were
noted.
Arts &
Cult. Com.
Lib. Com.
Plan. Com.
CEQA
Policy
GPAlmp.
Policy
Blight Ord
6357
The Minutes of the Arts & Culture Commission Meeting of July 9,
1996 were noted.
The Minutes of the Library Commission Meeting of July 10, 1996 were
noted.
The Report ofthe Planning Commission Meeting of September 5, 1996
was noted.
City Administrator Baksa noted and explained the following further
explained by Planner Faus.
Recommendation to Amend the City's CEQA Policy Involving Regional
Traffic Impacts;
Recommendation to Amend the General Plan Implementation Policy on
Regional Uses;
Recommendation to Adopt a City Blight Ordinance.
Motion was made by Councilman Springer seconded by Councilman
Morales and carried that the City's CEQA Policy involving Regional Traffic
Impacts be amended as recommended.
Motion was made by Councilman Springer seconded by Councilman
Morales and carried that the General Plan Implementation Policy on Regional Uses
be amended as recommended.
The Mayor asked if there was anyone in the audience wishing to speak
regarding the proposed Blight Ordinance.
The following addressed the Council:
Bill Lindsteadt- Executive Director of the Chamber of Commerce inquired
of Section 5B.11 regarding Civil Action further explained by Acting City Attorney
Faber.
Marie Blankley, 9230 Rancho Hills Drive and Member of the Chamber of
Commerce Committee noting concern of the business community in cases of
prosecuting graffiti offenders.
Jane Howard, 330, Canada Road, representing the Chamber of Commerce
and thanked staff for working with them on this issue.
Peter Baez interested in the Blight Issue and requested that the Blight
Ordinance apply to residential properties urging that the window etching be
included in the Graffiti Ordinance and graffiti issues should be in the blight
ordinance.
Assistant Fire Chief Ledesma noted that Council specifically directed Staff
that the Blight Ordinance not include residential properties and that it is separate
from the Graffiti Ordinance; noting that the Housing/Building/Fire Codes are
sufficient to regulate the residentiallapartment properties.
Cynthia Walker noting that she has done volunteer work with Mr. Baez
noting concern regarding the absentee landowner.
Council concurred that Section 5B.11 regarding Civil Action be removed
from the proposed ordinance. Also memorandum recommends two additional
notices under Section 5B.2 and Council supported the last two additions. Also
requested that "shall" be used instead of "should" in Section B.13 - third
paragraph.
Motion was made by Councilwoman Rogers seconded by Councilman
6358
Morales and unanimously carried that the ordinance be read by title only and
waived further reading of the ordinance.
Motion was made by Councilman Springer seconded by Councilwoman
Rowlison and carried that the proposed Blight Ordinance be introduced as
amended and that it be published by title and summary.
The Mayor deviated from the regular order of the agenda in order to
accommodate interested persons in the audience.
Sec.Officer
GUHS
Discussion was had regarding the update of the Security Plan at the
Gilroy High School campus noting the Security Plan Memo of Edwin Diaz from
.Ken Noonan and letter from Ken Noonan requesting Police Officer on campus.
,"
Lt. Giusiana gave an overview of the plan of a security officer on various
campuses.
At 10:20 p.m. Councilman Valdez left the Council Chambers.
Ken Noonan, Superintendent, addressed the Council and further explained
the request for a Police Officer on campus and noted that the School district would
pay all costs of such an officer including salary and benefits noting that the other
issues outlined by Lt. Giusiana can be discussed.
Basil Huffman, Principal at Gilroy High School addressed the Council and
noted other options in having a full-time officer on campus.
Motion was made by Councilman Springer seconded by Councilman
Morales that the annual yearly cost of a Police Officer on the High School campus
be approved with full cost recovery mode for the direct cost of the officer to be
paid by the School District and that Staff will negotiate the indirect costs with the
District, by the following Roll Call Vote: Ayes: Councilmembers: Morales,
Rogers, Rowlison, Springer and Gage; Absent: Councilmembers: Gilroy and
Valdez.
The Mayor continued with the regular order of the Agenda:
City Administrator Baksa noted a Report on Falcon Cable Channel 19
status.
City Administrator Baksa noted the update on the Water Conservation
Program.
Council concurred with a Joint Planning Commission Study Session re:
Preliminary Briefmg and Review of proposed Residential Development Ordinance
projects for October 24, 1996.
Grand Jury Acting Cifr Attorney Faber noted the response to the 1995-1996 Grand
Jury Final R~P9n and review of the implementation of the new Brown Act by
Local Gov7mmy~t Agencies further explaining same.
Motion was made by Councilman Springer seconded by Council- woman
Rowlison and carried that the letter response commenting on the Grand Jury Final
Report be forwarded to Judge Biafore noting intent to implement the Brown Act
and directed Staff to review City Written Meeting Procedures.
Councilwoman Rogers reported on the Mercado de Festival and noted that
she will be Moderator on a Panel at the League Conference in regard to Youth
Violence.
The Mayor noted the following meetings/events:
Special Council Meeting, September 30,1996 - 7:00 p.m., Council
Chambers, re: Cable TV Refranchising;
Adjrnmt.
685~l
Council Study Session, October 9, 1996 - 7:00 p.m., Council Chambers,
re: Discuss Solid Waste and Recycling Citizens' Advisory Committee's
Recommendations; and
Annual League 0 f California Cities Conference - Anaheim - October 13 -15,
1996.
At 11 :30 p.m. the Mayor adjourned to a Closed Session - Conference with
Legal Counsel pursuant to GC Sec. 54956.9(a) - Existing Litigation.
The Mayor adjourned the Closed Session and reconvened to Open session.
The Mayor noted no action taken during the Closed Session and further
adjourned the meeting.
Respectfully submitted,
~~Gd~
Susanne E. Steinmetz, City Clerk