Minutes 1996/09/23
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Invocation
Roll Call
Posting
Agenda
Cert.
Cert.
Consent
Calendar
Ord.96-16
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Regular Meeting
September 23, 1996
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Pastor Malcolm MacPhail, New Hope Community Church gave the
Invocation.
Present: Counci1members: K. A. Mike Gilroy, Charles S. Morales, Connie
Rogers, Suellen C. Rowlison, Thomas W. Springer, and Donald F. Gage; Absent:
Councilmember: Pete Valdez, Jr. - 7:05 p.m.
The City Clerk noted that the Agenda had been posted on
September 19, 1996 - 9:45 a.m.
The Mayor announced that Council had just adjourned from a Closed
Session re: Conference with Police Department, pursuant to Gov't.Code Section
54957 and that no action had been taken.
The Mayor presented Certificates of Recognition of Computer Training
Technical Advisory Committee Members: Pat Bentson, Tina Kekaha, Karen
Pogue, Rhonda Pellin and Scot Smithee.
The Mayor presented Certificates of Recognition of Disaster Preparedness
Workshop Team to Michelle Costa, noting Pam Latronica not present.
Motion was made by Councilman Springer, seconded by Councilman
Gilroy that the following items under the Consent Calendar be approved removing
Items: D. re: South County Housing RDO Exemption request; E. re: Gilroy
Garden Apartments RDO Affordable Housing Exemption request; and F.
Recommendation to terminate Economic Impact Study Policy by the following
Roll Call Vote: Ayes: Councilmembers: K. A. Mike Gilroy, Charles S. Morales,
Connie Rogers, Suellen C. Rowlison, Thomas W. Springer, and Donald F. Gage;
Absent: Councilmember: Pete Valdez, Jr.:
Adopted Ordinance No. 96-16 Amending PERS Contract to allow 2% @
55 for Miscellaneous Employees;
6860
ORDINANCE NO. 96-16
AN ORDINANCE OF THE COUNCIL OF THE CITY OF GILROY
AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE
CITY COUNCIL OF THE CITY OF GILROY AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM.
PASSED AND ADOPTED this 23rd day of September, 1996, by the following
vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS,
ROWLISON, SPRINGER, and GAGE
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBER: VALDEZ;
Ord.96-17
Adopted Ordinance No. 96-17 Authorizing Transfer of Ownership of
Falcon Cable Systems;
ORDINANCE NO. 96-17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
PROVIDING CONSENT, SUBJECT TO CONDITIONS AND TERMS, TO
THE TRANSFER OF A CABLE TELEVISION SYSTEM FRANCHISE FROM
FALCON CABLE SYSTEMS COMPANY, L. P., TO FALCON CABLE
SYSTEMS COMPANY II, L.P., PURSUANT TO GILROY MUNICIPAL
CODE SECTION 24.57.
PASSED AND ADOPTED this 23rd day of September, 1996, by the following
vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS,
ROWLISON, SPRINGER, and GAGE
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBER: VALDEZ;
Surplus Eq. Declared Surplus Equipment as recommended; and
Salary Sch. Approved Exempt Salary Schedule Effective July 1, 1996 as
recommended.
RDO Exemp. Aft~r discussion and clarification from Planner Faus, motion was made by
Councilman Morales seconded by Councilwoman Rogers that the request of South
County Housing for a RDO Exemption, east of Santa Teresa Boulevard, adjacent
to the future Longmeadow Drive Extension be approved as recommended, by the
following Roll Call Vote: Ayes: Councilmembers: Gilroy, Morales, Rogers,
Rowlison, Springer and Gage; Absent: Councilmember: Valdez.
RDO Exemp. After discussion and clarification from Planner Faus and Community
Development Director Allen and further explanation from Von Hensey,
representing CBM, motion was made by Councilwoman Rowlison seconded by
Councilman Morales by the following Roll Call vote that the Exemption, East of
Wren Avenue, South of Farrell Avenue be approved: Ayes: Councilmembers:
Gilroy, Morales, Rogers, Rowlison and Gage; Noes: Councilmember: Springer;
Absent: Councilmember: Valdez.
Ec.Impact Councilwoman Rogers suggested that the Economic Impact Study Policy
be retained for optional use further explained by Planner Faus.
After discussion motion was made by Councilman Springer seconded by
Councilman Gilroy that the Economic Impact Study Policy be terminated as
recommended by the following Roll Call Vote: Ayes: Councilmembers: Gilroy,
Morales, Rowlison, Springer and Gage; Noes: Councilmember: Rogers; Absent:
Councilmember: Valdez.
Dept.Report At 8:35 p.m. Community Services Director Connelly and Staff gave his
Departmental Report assisted by Operations Services Manager Miller and
Landscape Maintenance Supervisor Lang.
Pub.Fac.
Auth.Rev.
Bonds
Res.96-58
Res.96-59
Ro II Call
Res.96-1
6861
At 8:59 p.rn. the Mayor reconvened the Council Meeting.
The Staff Report for the 1 994 Authority Revenue Bonds was noted
and further explained by City Administrator Baksa.
Motion was made by Councilman Gilroy seconded by Councilwoman
Rogers and carried that a Temporary Loan of$148,293.00 be approved as
recommended.
Motion was made by Councilwoman Rowlison seconded by Councilman
Gilroy that the reading of Resolution No. 96-58 be waived and that it be adopted.
RESOLUTION NO. 96-58
RESOLUTION AMENDING TRUST AGREEMENT - CONSOLIDATED
REFUNDING DISTRICT NO. 1994-1.
PASSED AND ADOPTED this 23rd day of September, 1996, by the following
vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS,
ROWLISON, SPRINGER, and GAGE
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBER: Valdez;
Motion was made by Councilman Gilroy seconded by Councilwoman
Rogers that the reading of Resolution No. 96-59 be waived and that it be adopted.
RESOLUTION NO. 96 - 59
RESOLUTION OF THE CITY OF GILROY ORDERING mDICIAL
FORECLOSURE OF DELINQUENT ASSESSMENT INSTALLMENTS
PURSUANT TO THE IMPROVEMENT BOND ACT OF 1915 AND THE
REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS,
ORDERING THAT THE TAX COLLECTOR BE CREDITED WITH THOSE
INSTALLMENTS, AND AUTHORIZING RETENTION OF SPECIAL
COUNSEL.
PASSED AND ADOPTED this 23rd day of September, 1996, by the following
vote:
AYES: COUNCILMEMBERS: GILROY,MORALES,ROGERS,
ROWLISON, SPRINGER and GAGE
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBER: VALDEZ;
Motion was made by Councilman Gilroy seconded by Councilwoman
Rowlison and carried that a Temporary Loan of$24,090.00 be approved as
recommended.
Motion was made by Councilman Gilroy seconded by Councilwoman
Rowlison and carried that an Agreement to hire a Foreclosure Attorney be
approved as recommended.
Roll Call and Call to Order Gilroy Public Facilities Financing Authority by
Chairman Gage. Present: Boardmembers: K. A. Mike Gilroy, Charles S. Morales,
Connie Rogers, Suellen C. Rowlison, Thomas W. Springer and Donald F. Gage;
Absent: Boardmember: Pete Valdez, Jr.
Motion was made by Boardmember Gilroy seconded by Boardmember
Rowlison that the reading of Resolution No. 96-1 be waived and that it be
adopted.
RESOLUTION NO. 96 - 1
RESOLUTION AMENDING TRUST AGREEMENT - 1994 AUTHORITY
REVENUE BONDS.
6362
Ro II Call
Pub. Hear.
P.D.Funds
Peace-
builders
Ag. Growth
Plan
PASSED AND ADOPTED this 23rd day of September, 1996, by the following
vote:
AYES: BOARDMEMBERS: GILROY, MORALES, ROGERS,
ROWLISON, SPRINGER, and GAGE
NOES: BOARDMEMBERS: None
ABSENT: BOARDMEMBER: VALDEZ.
Chairman Gage adjourned the meeting of the Authority and reconvened the
meeting of the Gilroy City Council.
Present: Councilmembers: K. A. Mike Gilroy, Charles S. Morales, Connie
Rogers, Suellen C. Rowlison, Thomas W. Springer and Donald F. Gage; Absent:
Councilmember: Pete Valdez, Jr.
The Mayor stated that it was the time and place scheduled for a Public
Hearing to consider a Report from the Gilroy Police Department recommending
Projects/Programs for funding under the AB 3229 Law Enforcement Bill (Public
Safety COPS Program) for the 1996-97 Fiscal Year.
The Staff Report was noted and further explained by City Administrator
Baksa, Police Chief Sumisaki and Lt. Lanny Brown.
The Mayor asked if there was anyone in the audience wishing to speak on
the proposal. The following addressed the Council regarding the Police
Department funding under AB 3229:
Manly Willis concerned with what has not been said, noting that the items
listed lend to additional purchase of weapons and too much flexibility, further
explained by Police Chief Sumisaki.
Guadalupe Arellano concerned with the violence portion ofthe proposed
funds and requested additional funds be used for prevention and suppression;
opposed to funds being used for purchase of machine guns.
Motion was made by Councilman Springer seconded by Councilman Gilroy
to accept the funds and authorize 10% match request and approved use of said
funds with up to 1 0% funds set aside for Crime Prevention Pro gram.
The Mayor deviated from the regular agenda in order to accommodate
interested persons in the audience.
Guadalupe Arellano addressed the Council representing the
Peacebuilders Education Committee and gave a presentation on their behalf
requesting the City seek funding for this organization.
Donna Jackson, Education Committee for Peacebuilders, addressed the
Council noting affiliation with the Gilroy Education Therapy in the local schools
and noted that the Peacebuilders' Program as being beneficial to the community as
a community based program and urged the City to support this program. She
further announced a Community Forum sponsored by AAUW November 21, 1996
at 7:00 p.m. at the Gilroy High School Board Room.
Councilwoman Rowlison requested that Council discuss the concept at
their Retreat or a Study Session whether the City officially wants to support same.
A recommendation to approve the amended strategies to balance planned
growth and agricultural viability was noted further explained by Planner Faus.
The following addressed the Council regarding the proposed amended
plan:
Don Weden recommended Council accept the report.
Nancy Richardson, Santa Clara County Farm Bureau, noted that the
Bureau supports these amended strategies.
Tecate
Arts & Cult
Commission
606r,
o j
Carolyn Tognetti, 3081 Carignane Drive, representing Citizens' for
Balanced Growth, noted that they support the amended plan.
David Collier, Planning Commissioner, supported the modifications as
presented and noted that the amended plan is a comparable compromise and
supported the amended strategies.
Autumn Arias, Executive Director ofLAFCO, noted the three agencies
need to continue to work together and requested Council consider as a whole plan
and move forward.
Motion was made by Councilman Springer to adopt the strategies with
modifications. Motion failed due to lack of a second.
Motion was made by Councilwoman Rowlison seconded by Councilman
Morales that the amended strategies to the balance planned growth and
agricultural viability be approved as presented by the following Roll Call Vote:
Ayes: Councilmembers: Gilroy, Morales, Rogers and Rowlison; Noes: Council-
members: Springer and Gage; Absent: Councilmember: Valdez.
The Mayor continued with the regular order of the Agenda.
Discussion was regarding affiliation with the City of Tecate as a Sister
City.
A letter from Tecate's President in appreciation of the City's recent visit
and official request to become a Sister City with the City of Gilroy was noted.
Motion was made by Councilwoman Rogers seconded by Councilman
Morales and carried that a Sister City relationship be created with the City of
Tecate.
The City Attorney explained the Charter provision regarding
termination of a Commissioner.
Motion was made by Councilwoman Rowlison seconded by Councilwoman
Rogers and carried that regretfully Caroline Haessler be terminated as an Arts &
Culture Commissioner.
The following informational items were noted with no separate discussion:
Customer Service:
City's Purchasing Group In Appreciation of City Administrator's
Assistance;
Falcon Cable In Appreciation of City Administrator's Assistance;
Police Department Employee of the Month of August 1996, Jose Torres,
Multi-Service Officer;
City's Response to Legislative AB 2797 and SB 569;
Proclamation Issued by Mayor Gage: Disability Awareness Month -
October, 1996; and
League of California Cities Legislative Bulletin #34 - 1996.
City Administrator Baksa discussed significant new and expanding
businesses under the policy on Economic Incentives further explained by
Community Development Director Allen. It was requested that Staff contact the
Economic Director of the Chamber and obtain his in-sight on same.
City Administrator Baksa distributed minutes/notes of the Joint
Council/Commission Study Session of September 11, 1996. Council concurred
with the October 8, 1996 Joint Meeting to fmalize issues with the Commissions if
this date is satisfactory with a majority of commissioners.
City Administrator Baksa distributed an update on the Goals and
Objectives of the Police Department.
The Mayor noted the following meetings/events:
Special Council Meeting, September 30, 1996 - 7:00 p.m., Council
Chambers, re: Cable TV Refranchising;
Council Study Session, October 9, 1996 - 7:00 p.m., Council Chambers,
re: Discuss Solid Waste and Recycling Citizens' Advisory Committee's
Recommendations;
Annual League of California Cities Conference - Anaheim - October 13-15,
1996; and
Joint City Council/Planning Commission Study Session, October 24, 1996
- 7:00 p.m., Gilroy Senior Center, 7371 Hanna Street, Gilroy, re: Preliminary
Briefmg and Review of proposed Residential Development Ordinance Projects.
At 12:03 a.m. Tuesday, September 24, 19096 the Mayor adjourned to a
Special Meeting of September 30, 1996 - 7 :00 p.m. re: Cable TV Refranchising.
Respectfully submitted,
4~?~
Susanne, City Clerk
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