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Minutes 1996/10/07 Invocation Roll Call Posting Agenda <~"'''..':.::";,:.~,.<",.',,,-,''.''''.',''-'''----'- e-"""nJ'_.'~~~':o;;n"':":.":";;v:;,!,;.n':""~>WiD'~'5!.,,,"'"V''',~fr!,;;;l="''''~;~r"""u-;''>''':i-;;~4':',_,:;~,;:_;,O';;';;:;''~.:'';;;~,_,."",".~.-.'-'.;$;;~"'''.'';;;'SC:~.', .' .,., '''--~;:'':o:.':,:!-2:~..-~",YY'",,~:c~a;:u.'''-~''~'W;;-'''_:';','r.',' '.7,; 606r" :) )d Regular Meeting October 7,1996 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Pastor Lee Neish, United Methodist Church gave the Invocation. 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. - 7:05 p.m. The City Clerk noted that the Agenda had been posted on October 3, 1996 - 8:15 a.m. 686G Vol. Award Consent Calendar Fund Ord.96-18 The Mayor presented the Volunteer of the Month of September 1996 Award to Leona and Peter Burge. Motion was made by Councilman Gilroy, seconded by Councilman Springer that the following items under the Consent Calendar be approved by the following Roll Call Vote: Ayes: Councilmembers: K. A. Mike Gilroy, Charles S. Morales, Connie Rogers, Suellen C. Rowlison, Thomas W. Springer, and Bonald F. Gage; Absent: Councilmember: Pete Valdez, Jr.: Authorized creation of Fund 651 - Facilities Services Fund as recommended; Adopted Ordinance No. 96-18 Establishing Procedures for Remedying Conditions which Constitute Property Blight; ORDINANCE NO. 96 - 18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY ADDING CHAPTER 5B "BLIGHTED PROPERTY" TO THE GILROY CITY CODE TO ESTABLISH PROCEDURES FOR REMEDYING CONDITIONS WHICH CONSTITUTE PROPERTY BLIGHT. PASSED AND ADOPTED this 7th day of October, 1996, by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, and GAGE NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBER: VALDEZ; and Imp. Agree. Approved Property Improvement Agreement No. 96-34, Tract #8890, Mission Valley Evergreen Steel, Inc. as recommended. Equip. City Administrator Baksa presented a recommendation to award the bid of Walker Hydraulics in the amount of$29,415.00 for a Vehicle Hoist. St.& Sewer Project Sidewalk Repairs Annex. # 1 to Maint. Dist.#2 Motion was made by Councilman Morales seconded by Council- woman Rowlison and carried that the bid of Walker Hydraulics in the amount of $29,415.00 be awarded for a vehicle hoist as recommended. City Administrator Baksa presented a recommendation to award the bid of Monterey Peninsula Engineer in the amount of$496,580.00 for the Monterey Street Waterline and Sanitary Sewer Improvements, Project #96-CDD- 454 further explained by Sr.Civil Engineer Nunes. Motion was made by Councilman Gilroy seconded by Councilman Morales and carried that the Bid of Monterey Peninsula Engineer in the amount of $496,580.00 be awarded for the Monterey Street Waterline and Sanitary Sewer Improvements, Project #96-CDD-454 as recommended. City Administrator Baksa presented recommendations to award the bid of J.J.R. Construction, Inc. in the amount of$114,147.00 for the Sidewalk Repairs along Rosanna Street, Project #96-CDD-454 and to J. R. Clark Company in the amount of$183,730.00 for the Sidewalk Repairs in the HCD Area, Project No. 96-CDD-453 further explained by City Engineer Smelser and Sr.Civil Engineer Nunes. Motion was made by Councilwoman Rowlison seconded by Councilman Morales and carried that the bids for Sidewalk Repairs be awarded to J.1.R. Construction, Inc. in the amount of$114,147.00 for the sidewalk repairs along Rosanna Street and to 1. R. Clark Company in the amount of$183,730.00 for the sidewalk repairs in the HCD Area as recommended. City Administrator Baksa presented a recommendation on a proposed Annexation NO.1 to Maintenance District No.2 (Landscape, Lighting District No.2). 6867 Res.96-60/ 96-62 Motion was made by Councilman Gilroy seconded by Councilwoman Rogers that the reading of Resolution No. 96-60 be waived and that it be adopted Initiating Proceedings. RESOLUTION NO. 96 - 60 RESOLUTION INITIATING PROCEEDINGS FOR THE ANNEXATION OF TERRITORY TO MAINTENANCE DISTRICT NO.2 - ANNEXATION NO. I TO MAINTENANCE DISTRICT NO.2 - CITY OF GILROY, SANTA CLARA COUNTY, CALIFORNIA - (Pursuant to the Landscaping & Lighting Act of 1972). PASSED AND ADOPTED this 7th day of October, 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. 96-61 be waived and that it be adopted Approving Agreement for Legal Services. RESOLUTION NO. 96 - 61 RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES FOR ANNEXATION OF TERRITORY TO MAINTENANCE DISTRICT NO.2 - ANNEXATION NO.1 TO MAINTENANCE DISTRICT NO.2 - CITY OF GILROY, COUNTY OF SANTA CLARA, CALIFORNIA (Pursuant to the Landscaping & Lighting Act of 1972). PASSED AND ADOPTED this 7th day of October, 1996, by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, and GAGE NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBER: VALDEZ; and Motion was made by Councilman Gilroy seconded by Councilwoman Rogers that the reading of Resolution No. 96-62 be waived and that it be adopted Ordering Improvements, noting assessments to be applied to the 1997-98 Tax Rolls. RESOLUTION NO. 96 - 62 RESOLUTION ORDERING IMPROVEMENT FOR ANNEXATION OF TERRITORY TO MAINTENANCE DISTRICT NO.2 - ANNEXATION NO.1 TO MAINTENANCE DISTRICT NO.2 - CITY OF GILROY, COUNTY OF SANTA CLARA CALIFORNIA (Pursuant to the Landscaping and Lighting Act of 1972). PASSED AND ADOPTED this 7th day of October, 1996, by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, and GAGE NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBER: VALDEZ. Commissions Council set November 22, 1996 as the deadline to receive applications for City Commission and Board appointments effective January 1, 1997 to expire January 1, 2001 and current vacancies, noting appointments to be made December 16,1996. Also set December 9,1996 as a Study Session to interview applicants. The Mayor asked if there was anyone in the audience wishing to speak on any matter not on the agenda. Vendor Permit Mr. Hipolita Cerda addressed the Council and requested Council reconsider their decision to uphold the decision of the Police Department denying him a vendor permit. 636D The City Attorney recommended no action and that Council not reconsider the appeal. She noted that Mr. Cerda is able to speak for possible new information. Mr. Cerda requested an opportunity to have the reasons for denial explained in Spanish. Mr. Cerda was advised that he could meet with the City Administrator with an interpretor to explain the process and if he is willing to disclose to Council the nature of his offenses that a date for Council to hear the appeal would be scheduled. Ms. Pamela Jones, Falcon Court, addressed the Council and inquired of issues regarding the Northwest Quad Development and the Shapell Project. Concerning the Northwest Quad she had three concerns/questions: Why did it take public outcry in the northwest quadrant to get the light at Longmeadow and to get Sunrise Drive developed, noting on page 27 of the Initial Study three signal lights were to be developed and inquired why the City is not following the EIR; She noted that a fire station was asked for due to the fire response time and inquired why they are not getting the fIfe station and asked if it was going in the southwest quad now as she had heard and what criteria was used and who made that determination; she inquired of the density transfer issue - hillside density transfer and flat land density transfer and noted that 'she had grave concerns regarding how that density transfer is currently working in the City, especially in the so-called flat land. Concerning the Shapell Project she feels that her due process rights as well as all the citizens in the City were denied. She noted that as she fmds information that she feels is important, she will be sharing her concerns with the Council in this forum noting that she was told by the Mayor that there would be public access/public use task force created and inquired as to the status of that, noting that it needs to be done as soon as possible. She understands that a cost analysis will be done in regard to the dedication and wanted to know the status of that. She noted that she hoped the City does not take on that number of acres without looking into the economic costs and not merely liability issues; she noted concern that Shapell removed themselves from the recreational use task force. She noted on June 17 that a group of individuals came to the Council meeting, showed an interest in this task force and signed petitions and on June 17 unanimously approved that all of Santa Teresa Boulevard would be included in the study of recreational uses along Santa Teresa Boulevard and then on June 24 for some interesting reason, Shapell was excluded from participating in the study of one week earlier that they were suppose to participate in; and she is concerned with the trees that are going to be cut down and understands that there are suppose to be about 3,000 trees to be cut down, noting that the trees are in clusters and if one tree in a cluster is cut down what will happen if another tree that is not tagged to be cut down is inadvertently also cut down. She wanted to know if they will get a fine; is it excused? She is concerned that a larger number oftrees will be cut down and what remedy the citizens will have in respect to that. She further referred to the oath of office taken by the City Council "Faithfully discharge the duties." Ms. Paula Gann addressed the Council and invited the Council and Police Department to a Conference on Domestic Violence October 25 and 26, 1996. The following informational items were noted with no separate discussion on same: Customer Service: Police Chiefs Inter-Office Memorandum In Appreciation of Communication Staff; U.S. Department of Housing and Urban Development In Appreciation of Administrative Staff and Efforts regarding Affordable Housing Issues; 6Q(~r d),J Assemblyman Frusetta re: Restoration of Old City Hall Clock; 1996 United Way Campaign Chairperson In Appreciation of City's Support; Housing & Community Development Coordinator's Inter-Office Memo In Appreciation of Finance Division Staffs Assistance; County of San Luis Obispo in Appreciation of Gilroy Fire Department during Recent "Highway 58 Fire"; Family In Appreciation of Remembrance of Councilwoman Jan Smith; Updated Cash and Investment Report, August 31, 1996; Mayor Gage In Appreciation of Donation Benefiting the Gang Task Force and Drug Abuse Council; City's Response regarding Transfer of Ownership Request; Proclamation Issued by Mayor Gage: Save Today - October 9, 1996; Minutes of Police Chiefs Advisory Group Meeting of September 16, 1996; Update on Wal-Mart Agreement; Update on Long Range Applications and Status ofRDO Allocation & Activity; City's Response to Sewer Rate Inquiry; and Falcon Cable's Notification of Utilization of FCC's Annual Rate Adjustment Method. City Administrator Baksa noted informational item # 10 under Correspondence re: WalMart Agreement and their completion of the Sales Tax issue under their agreement with the City. City Administrator Baksa noted the Legislative Bulletin of the League and the revenues taken by the State and referred back to the Governor who vetoed all of them. City Administrator Baksa noted the appeal of Bruce Carmichael is completed regarding the graffiti issue. Council concurred with a Joint School Liaison Committee Meeting October 29 and noted the School Board Forum October 23. Councilman Morales noted the elementary school soliciting funds for libraries. Councilwoman Rogers noted the successful Super Hero's Parade event and thanked City Staff and all who participated. Councilman Gilroy noted the Christmas Tree Lighting Ceremony in the Downtown area on November 29 and reported on the "Just Read" format and theme to dove-tail with the School District's Program. Also noted the South Valley Symphony and City to host one of their events in January 1997. Council agreed to sponsor a reception after the Symphony Event. The Mayor noted the following Meetings/Events: Joint City Councill All City Commissioners Study Session, October 8, 1996 _ 7:00 p.m., Gilroy Senior Center, 7371 Hanna Street, Gilroy, CA, re: Discussion of Expectations and Process; 6870 Adjrnmt. -",".--',.' .~" '",<~',,'_,".:':"'.; '."';'".;".-~ -."~.~<_"-,-;;'i{.o ~. --- --..----.....-- " Council Study Session, October 9, 1996 - 7:0,0 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 8:08 p.m. the Mayor adjourned to a Closed Session re:Conference with Legal Counsel- existing litigation, pursuant to government Code Sec. 54956.9(a). City of Gilroy v. Gurries Associates et aI, Santa Clara County Superior Court Case #CV 750269. The Mayor re-adjourned to Open Session. The Mayor noted no action taken in Closed Session and further adjourned the meeting. Respectfully submitted, ~~~d~ Susanne E. Steinmetz, City C~ d-